These General Terms and Conditions of Sale govern sales made on the ORMAIN.COM website, an online platform for the sale of second-hand luxury products. By accessing and using the site, you fully and unreservedly accept these conditions. If you do not agree with any of the provisions, please do not use our site.
Our online store is exclusively for consumers. A "consumer" is defined as "any natural person who acts for purposes which are outside his trade, business, craft or profession." A "professional" is defined as "any natural or legal person, public or private, who acts for purposes within the scope of his commercial, industrial, craft or liberal activity, including when acting in the name or on behalf of another professional."
1. General Information
ORMAIN is a limited liability company (SARL) registered with the Toulouse Trade and Companies Register under number 989 855 069 000 13, with its registered office at 14 Rue Saint-Antoine du T, 31000 Toulouse, France.
Tel: 09 88 77 11 38Email: contact@ormain.com
VAT: FR41989855069
2. Purpose of the General Terms and Conditions of Sale
These conditions define the terms and conditions of sale of products offered on the ORMAIN.COM website, as well as the respective rights and obligations of the seller and the buyer.
3. Products
ORMAIN exclusively offers for sale second-hand luxury products, such as handbags, clothing, accessories, and other fashion items. ORMAIN is neither a partner nor affiliated with any of the brands present on the site. Each product is meticulously checked and authenticated before being put on sale.
3.1 Product Descriptions and Photographs
Descriptions and photographs are provided for information purposes only and are not contractual. ORMAIN cannot be held responsible for any descriptive error, visual difference, or color variation due to lighting settings, contrast, or the technical characteristics of the buyer's screen.
3.2 Product Condition
Each product is assigned a specific condition, according to the following scale:
- Never worn: The item has never been worn and shows no defects.
- Excellent condition: The item has been worn but shows no visible defects. For a pair of shoes, the sole may show very slight signs of trying on.
- Very good condition: The item has been worn, the overall condition is excellent, but it may have very slight defects, mentioned in the product sheet.
- Good condition: The item shows some visible signs of wear or defects, mentioned in the product sheet.
- Fair: The item shows pronounced and visible signs of wear, mentioned in the product sheet.
4. Orders
4.1 Order Process
Any order placed on ORMAIN.COM must be validated by the buyer after filling out an online form, selecting the products, and proceeding with payment. Once the order is validated, a confirmation email is sent.
4.2 Product Availability
Products are offered within the limits of available stock. In case of unavailability after ordering, ORMAIN will inform the buyer as soon as possible and proceed with a refund.
4.3 Order Modification
Orders can only be modified or canceled before they are shipped. After shipment, no modification or cancellation is possible.
5. Prices
5.1 Product Prices
Prices are indicated in euros (€) and include all applicable taxes. ORMAIN reserves the right to modify its prices at any time; products are billed at the price in effect at the time of order validation.
5.2 Delivery Costs
Delivery costs are calculated according to the buyer's address and added before payment. Several delivery methods are offered, with varying rates depending on the destination.
6. Payment
6.1 Payment Methods
- Credit card (Shopify Payments): Payment is processed by Shopify on a highly secure page. ORMAIN does not store any bank details.
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Installment payment (Alma): Payment in several installments/deferred via Alma. Payments are protected by 3D Secure.
Ceilings: 2 installments: €50 to €4,000 | 3 installments: €50 to €4,000 | 4 installments: €50 to €4,000
Transaction fees: 2 installments: 3.92% / transaction | 3 installments: 4.18% / transaction | 4 installments: 4.85% / transaction
Alma is a remote payment manager and issues an electronic certificate serving as proof of the amount and date of the transaction (articles 1316 et seq. of the Civil Code).
Credit is granted by Alma (capital €316,226.83, RCS Nanterre 839 100 757, approved ACPR n° 90789) – contact: support@getalma.eu. ORMAIN is a credit intermediary within the meaning of article R.519-2, 1° of the Monetary and Financial Code. Help: help.almapay.com.
Alma's credit service is offered subject to acceptance of the multi-installment or deferred payment agreement by the buyer. Fees may apply. Any refusal may result in the termination of the purchase agreement, unless cash payment is accepted.
In case of termination of the GTC, the multi-installment/deferred payment agreement is terminated automatically. In case of withdrawal from the payment solution, the GTC will be terminated unless cash payment is made through Alma.
The amount may be partially paid by credit granted by Alma SAS, a payment institution and financing company approved by the ACPR n° 17408 (CIB code).
Provisions of the Consumer Code
Article L.312-52: The sales/service contract is automatically terminated, without compensation: 1° if the lender has not, within seven days from the acceptance of the credit contract by the borrower, informed the seller of the credit allocation; 2° if the borrower has exercised their right of withdrawal within the period provided for in Article L. 312-19. However, at the express request of the borrower for immediate delivery, automatic termination only applies if the withdrawal occurs within three days following credit acceptance. The contract is not terminated if the buyer pays cash before the expiry of the deadlines.
Article L.312-53: In cases of termination provided for in Article L. 312-52, the seller reimburses, upon simple request, any amount paid in advance on the price.
Article L.341-10: From the eighth day following the request for reimbursement of sums paid in advance by the buyer, these sums accrue interest automatically at the legal interest rate increased by half.
- PayPal: secure payment via your PayPal account or linked card.
- PayPal in installments: possibility of paying in 3 or 4 installments according to PayPal's eligibility conditions (see the PayPal website).
- Apple Pay: available on compatible Apple devices, without repeated entry of bank details.
Payments by check are not allowed.
6.2 Payment Security
All transactions made on ORMAIN are secure. In case of credit card payment, payment information is transmitted encrypted to our service provider.
7. Delivery
7.1 Delivery Times
The preparation and processing time is 24 hours on logistics service opening days (Monday to Friday, excluding exceptional closures). The deadlines below are after shipment and are exclusively provided via Chronopost:
- Relay point (France): delivery the next day before 1 p.m. (excluding weekends and public holidays). Free from €500.00 (excluding European relay points).
- Relay point (Europe): 2 to 5 working days (excluding weekends and public holidays).
- Express home delivery: delivery the next day before 1 p.m. (excluding weekends and public holidays).
- Express home delivery (Saturday): delivery on Saturday for orders placed before Friday 11 a.m.
- Showroom pickup: 14 Rue Saint-Antoine du T, 31000 Toulouse, during opening hours.
7.2 Delivery Costs
Delivery costs are borne by the buyer and indicated before validating the order.
Depending on the delivery destination, particularly for certain hard-to-reach areas, islands, or territories requiring specific transport (especially Corsica), additional delivery fees may apply. These fees are brought to the attention of the buyer before the final validation of their order.
In the event of non-collection within the time limits set by the carrier (e.g., relay point) or non-receipt following a delivery failure/refusal, the package is returned to the sender. This situation is considered a non-performance of the contract by the customer, without valid exercise of the right of withdrawal.
The order is then considered canceled; a partial refund is made, deducting:
- initial delivery costs;
- return costs charged by the carrier, in accordance with the tariff conditions applied by Chronopost, fixed at:
- €9.00 per package for shipment in mainland France,
- €20.00 per package for shipment in Europe (excluding France)
- €45.00 per package for international shipment).
These amounts correspond to the logistics costs actually incurred.
At the buyer's request, ORMAIN may proceed with a new shipment of the order. This reshipment will only be made after prior payment of all return costs borne by ORMAIN as well as the new shipping costs applicable to the destination concerned.
7.3 Delivery Delay
In case of delay, ORMAIN will inform the buyer as soon as possible and provide a tracking link. Delays due to external events (strikes, exceptional weather conditions, inability to collect, etc.) cannot be attributed to ORMAIN.
7.4 Export Fees
Customs clearance fees (taxes, etc.) are the responsibility of the buyer and payable upon delivery, depending on the country of destination. An estimate can be provided before ordering. No refund of import fees will be made.
7.5 Damage During Transport
In case of apparent damage upon delivery, the buyer must make reservations or refuse delivery to the delivery person, send a reasoned letter to the carrier, and contact us as soon as possible.
In case of non-apparent damage or anomaly observed after delivery (empty package, missing item, product damaged upon opening), the buyer must inform the carrier within 48 hours of delivery, and notify us without delay to allow a claim to be opened.
Otherwise, the carrier's liability cannot be engaged, which may prevent any compensation.
8. Right of Withdrawal and Returns
8.1 Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of fourteen (14) days from the receipt of the product to exercise their right of withdrawal without having to justify their decision. Any return outside this period will be refused.
The return request must be made from the customer area.
We reserve the right to refuse any return or refund request deemed abusive, particularly in the event of repeated, unjustified returns, or returns not complying with these General Terms and Conditions of Sale.
In the event of manifest abuse of the right of withdrawal or excessive use of the return service, ORMAIN reserves the right to suspend access to the service or refuse any future order, in compliance with applicable regulations.
The purchase of the authentication service is firm and final. This service, being a fully performed or personalized service within the meaning of article L.221-28 of the Consumer Code, is non-exchangeable and non-refundable.
No refund or credit note can be granted, even in the event of cancellation or non-use of the service after its order.
8.2 Return Conditions
Return costs remain the responsibility of the buyer.
Products must be returned in their original condition, complete, unused, and accompanied by all their accessories, their original packaging, certificates of authenticity, labels, and the ORMAIN seal.
Removal of the ORMAIN seal, absence of an accessory or original element, as well as any alteration, dirt, deterioration, or trace of use of the product may result in the refusal of the return.
For shoes, particularly pumps, the soles must be strictly identical to their condition upon delivery. Shoes must be tried on exclusively on a clean and soft surface (carpet, rug, or equivalent covering). Any mark, scratch, dirt, or trace of wear found on the soles may result in the refusal of the return.
ORMAIN does not accept returns of incomplete, altered, used, worn, damaged, soiled products, or products whose condition differs from that in which they were delivered. Products that do not comply with these return conditions will be refused and reshipped to the buyer. Reshipment costs will be entirely borne by the buyer.
8.3 Refund
Refund within 14 days from receipt of the compliant product, to the original payment method unless otherwise agreed (excluding gift card/credit).
8.4 Purchase at a Physical Point of Sale
Purchases made at an ORMAIN physical point of sale are neither exchangeable nor refundable.
9. Guarantees and Product Authentication
9.1 Legal Guarantees
ORMAIN complies with the legal guarantees of conformity (art. L.217-7 of the Consumer Code) and against hidden defects (art. 1641 of the Civil Code).
9.2 Authentication
All products sold are guaranteed authentic and pre-owned, after verification and authentication by our experts. An ORMAIN certificate of authenticity is provided upon purchase.
In addition, ORMAIN offers an Entrupy authentication certificate for certain items, for €90 per product (excluding Hermès) and €190 for Hermès products.
The Entrupy certificate relies on imaging technology and AI to attest to authenticity. It can be requested before or after purchase (if the order has not yet been processed). Fees are added to the order or billed separately.
10. Liability
10.1 Buyer's Liability
The buyer undertakes to provide accurate information, particularly the delivery address. ORMAIN is not responsible for input errors leading to incorrect delivery.
10.2 ORMAIN's Liability
ORMAIN undertakes to provide quality service, without being held responsible in case of force majeure or events beyond its control (strikes, disruptions of delivery services, etc.).
11. Intellectual Property
All content on the ORMAIN website (texts, images, logos, etc.) is protected by intellectual property rights. Any reproduction, representation, modification, or exploitation, even partial, is prohibited without prior agreement from ORMAIN.
12. Personal Data Protection
In accordance with the GDPR, ORMAIN collects and uses personal data for order processing and marketing purposes, unless the buyer objects. Data is not shared with third parties, unless necessary for order fulfillment.
13. Applicable Law and Dispute Resolution
These GTC are governed by French law. In case of dispute, an amicable solution will be sought. Failing this, the competent courts will be seized.
If you have not been able to resolve your dispute after sending us a written complaint (letter or email), dated, recalling the circumstances that gave rise to the dispute and what you are claiming, you may contact the consumer mediator, designated below, if you have received a negative written response from us or no response two months after sending your complaint.
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has implemented a consumer mediation mechanism. The chosen mediation entity is:
MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV (Consumer Mediation Development)
In the event of a dispute, you can submit your complaint on their website: https://www.medconsodev.eu
or by mail to:
MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
14. Modifications to the General Terms and Conditions of Sale
ORMAIN reserves the right to modify these GTC at any time. The applicable conditions are those in effect at the time of the order.