Terms and Conditions

The site: www.ogoliving.com is published by the company Lebrun, a simplified joint stock company, with capital of +1,000,000 €, whose head office is located at chemin du lobel, 62510 in ARQUES. Registered in the Sirène directory under number 57678007600013. Represented by its current director, Mr J.levisse – Email address: Link to contact page .

Article 1 – Definitions:

The terms below used in these general conditions of sale, both in the plural and the singular, will have the following meaning:

“Buyer” means the natural person who has the status of consumer and who wishes to order the Products for purposes which do not fall within the framework of a commercial, industrial, craft or liberal activity.

“ Order ” means any order placed by the Buyer under the conditions defined below. “General Conditions of Sale” or “GCS” means these general conditions of sale.

"Contract" means the contract concluded between OGO LIVING and the Buyer, consisting of the General Terms and Conditions of the Description and the Order placed by the Buyer under the conditions of the Site. The archiving and conservation of the elements of the Contract is carried out by OGO LIVING in accordance with the legal provisions. When the Contract concerns an amount equal to or greater than €120, OGO LIVING ensures the conservation of the Contract for 5 years and guarantees access to it at any time to the Buyer if the latter requests it.

“Description” means the information sheet relating to each Product containing all the information relating to the characteristics of the Products within the meaning of Article L.111-1 of the Consumer Code, and to any processing of their elements.

“ Party(ies) ” means OGO LIVING and/or the Buyer together or separately.

“ Products ” means OGO LIVING products, as described on the Website “ www.ogoliving.com ” and in the Order where applicable. These products intended exclusively for adults are not toys, they are not intended to be used for play purposes, particularly by minors.

“ Site ” means the site accessible at the address: www.ogoliving.com

Article 2 – Purpose – scope of application – enforceability:

These General Terms and Conditions define the terms and conditions under which the company OGO LIVING sells online tea-related products, tea accessories, decoration and vegetation-related products defined below, to Buyers. They are made available to consumers on the Site and can be consulted at any time.

Any Buyer placing an order with OGO LIVING acknowledges having the capacity to contract, having read these General Conditions of Sale and having accepted them in full before placing an order, in particular by checking the box provided for this purpose.

Placing an order implies the BUYER's full and unreserved acceptance of the General Conditions of SALE, which prevail over any contrary document not expressly validated by OGO LIVING.

OGO LIVING reserves the right to modify the general terms and conditions of sale without notice. Any order placed with OGO LIVING is subject to the General Terms and Conditions in force on the date the Order is placed.

Article 3 – Product offers:

The Products offered for sale by OGO LIVING are those available at the time the Order is placed, and as appearing on the Site, which includes the Description of the Products.

The Products comply with the requirements of French law in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.

The Products are offered and delivered within the limits of available stocks.

In the event of unavailability of the Product ordered, OGO LIVING will inform the Buyer as soon as possible and may offer to order another Product, or a voucher for the amount of the Order that can be used for any future Order, or even reimbursement of the sums paid by the Buyer.

OGO LIVING reserves the right to cease marketing any Product appearing on the commercial documents and/or to modify the characteristics of these Products at any time, without any prior notice and without being able to give rise to the payment of any damages, subject to Orders already validated. These modifications may occur at any time, including after the Buyer's Order if these modifications result from the application of standards, texts or regulations, whatever they may be, applicable to the Products, it being specified that in such a situation, OGO LIVING will inform the Buyer by any means.

The offers are reserved for consumers residing in France, in a member country of the European Union, in Monaco, and for deliveries in these same geographical areas. In the event of an order coming from a country other than France or Monaco, the Buyer will bear the burden and responsibility for customs duties or other applicable taxes as provided for by the legal provisions. In this regard, OGO LIVING invites Buyers in this situation to question it beforehand to obtain any information and/or to contact the competent authorities.

 

Article 4 – Orders:

4.1. In order to place an Order, the Buyer must have the capacity to contract and must complete a registration form requiring the provision of certain information necessary for the execution of the Contract by OGO LIVING. The Buyer undertakes to provide accurate and complete information on this occasion. In particular, he undertakes not to create a false identity or enter elements likely to mislead third parties. He is invited to keep confidential the elements provided in the registration form, in particular the e-mail address/identifier and password. In the event of an incomplete form or one containing incorrect information, the Order cannot be placed. OGO LIVING cannot be held liable for any data entry error by the Buyer.

4.2. To place an Order, the Buyer, after having filled the basket on the Site by indicating the selected Products and the desired quantities, then clicks on the button "Proceed to Order" and provides the information relating to his identification, delivery and payment method. A summary of the Order is displayed, the Buyer has the possibility to check the details of his Order and its total price and to return to the previous pages to correct any errors or possibly modify his Order, then, the Buyer validates the GTC by checking the box "I have read and accept the general conditions of sale. The fact of placing an order constitutes acceptance of the general conditions of sale" and validates his order by clicking on the button "Order" with obligation of payment.

Validation of the Order entails acceptance of the General Terms and Conditions with obligation of payment and forms the Contract.

An email acknowledging receipt of the Order and its payment is sent by OGO LIVING as soon as possible.

The Contract thus formed will remain in force for the duration corresponding to the obligations of each of the parties.

4.3. OGO LIVING reserves the right to refuse any order for legitimate reasons.

Article 5 – Price – Payment conditions:

5.1. In accordance with the provisions of Article L. 112-1 of the Consumer Code, OGO LIVING states its prices for each of the Products on the Site in euros, all taxes included, excluding delivery and transport costs, these costs being stated before validation of the Order and invoiced in addition.

The total amount owed by the Buyer (current price and transport and delivery costs applicable on a case-by-case basis) is indicated on the Order confirmation page.

OGO LIVING reserves the right to modify its prices at any time. However, it undertakes to invoice the Products ordered at the prices indicated when the Order is placed.

5.2. Validating the Order implies the obligation on the part of the Customer to pay the price by credit card, check or bank transfer. Payment is secure, OGO LIVING having opted for a payment system ensuring the confidentiality and security of banking transactions. 

 

Article 6 – Personalization of Products:

In the event that the Buyer wishes to personalize the Products, with the registration of a specific mention or any other personalization proposed by OGO Living, the latter undertakes to submit to the Customer a presentation model of the Products (hereinafter referred to as "the Prototype"), which will be produced based on the elements communicated by the Buyer.

The Prototype is deemed strictly confidential.

The Prototype will be subject to written validation by the Buyer. Any modification requested by the Buyer after the validation of the Prototype will be invoiced in addition.

After written validation of the Prototype and the proof by the Buyer, OGO Living undertakes to prepare the Orders and Products in accordance with the proof and to deliver them to the Buyer under the conditions specified in article 7.

 

Article 7 – Delivery:

7.1. The Products are shipped by OGO LIVING to the delivery address indicated in the Order.

7.2. OGO LIVING undertakes, in accordance with legal provisions, to deliver the Product on the date or within the period indicated to the Buyer, subject to validation of the proof by the Buyer in the case of a personalized Product. Unless otherwise stipulated, the delivery period is fifteen (15) days from the sending of the email acknowledging receipt of the Order and its payment and one (1) month from the validation of the proof by the Buyer in the case of a personalized Product.

7.3. In the event of a failure by OGO LIVING to fulfil its obligation to deliver on the date or upon expiry of the period provided for in the Contract, the Buyer may terminate the Contract, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered, in the same manner, OGO LIVING to make the delivery. The Contract is considered terminated upon receipt by OGO LIVING of the letter or writing informing it of this termination, unless OGO LIVING has performed in the meantime.
This provision is not applicable if the delay is due to the Buyer due to the latter's failure to make full payment or due to the lack of validation of the Prototype and the proof in the case of a personalized Product.

7.4. From the date of shipment, the transfer of ownership to the Buyer takes place (subject to full payment of the price) as well as the transfer of risks relating to the Product.

7.5. Upon receipt of the Products, the Buyer must ensure that they comply with the Order. In the absence of compliance, the Buyer must send a complaint to OGO LIVING within 24 hours.

Article 8 – Right, time limit and terms of withdrawal:

For any purchase of a Product made on the Site, the Buyer has a right of withdrawal.

However, this right of withdrawal cannot be exercised for Orders relating to Products personalized according to the Buyer's specifications , in accordance with article L.221-28 of the Consumer Code.

In accordance with Article L.221.18 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, without having to justify his decision or bear costs other than those provided for in Articles L. 221-23 to L. 221-25 .

This period runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. In the case of an order for several goods delivered separately, the period runs from the receipt of the last good.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

To exercise his right of withdrawal, the consumer informs OGO LIVING of his decision to withdraw by sending it, before the expiry of the aforementioned 14-day period:

  • A letter of withdrawal to the following address: OGO LIVING, sas lebrun chemin du lobel 62510 ARQUES
  • or by sending him any other declaration, to the same address, free from ambiguity, expressing his wish to withdraw, or by e-mail via the contact form at the bottom of the page.

When the right of withdrawal is exercised in accordance with the legal provisions, OGO LIVING shall reimburse the Buyer for all payments received from it, including delivery costs (with the exception of additional costs arising from the fact that the Buyer has chosen, where applicable, a method of delivery other than the least expensive method of standard delivery offered by OGO LIVING) without undue delay and, in any event, no later than fourteen days from the day on which OGO LIVING is informed of the decision to withdraw from the Contract. OGO LIVING shall make the reimbursement using the same means of payment as that used by the Buyer for the initial transaction, unless the Buyer expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Buyer.

It is specified that the Buyer bears the costs of returning the Product(s) in the event of withdrawal.

It is recalled that the Buyer's liability, in the event of withdrawal after use of the Product(s), is incurred with regard to the depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these Product(s). According to the European Commission, these handlings are those that a consumer can carry out in a store, for the goods offered for sale there. All products must be returned new, unused, in the packaging
original

In case of use of the product, a discount of 10% to 80% will be applied
because the product will no longer be saleable as new as stipulated in our conditions
general terms of sale:

  • Product returned new but packaging opened: 10% discount
  • Product returned new without original packaging: 20% discount
  • Returned product used with original packaging: 30% discount
  • Returned product used without original packaging: 40% discount
  • Product returned damaged regardless of the packaging: 50% discount
  • Returned product broken: 80% discount

OGO LIVING may defer reimbursement until receipt of the Product(s) subject to the Order, or until the Buyer has provided proof of shipment of this (or these) Product(s), the date retained being that of the first of these facts. Instructions
to be respected for any validation of return of your item:

• Stick the return slip on
the package and insert the withdrawal form in the package.

• Imperative: send us the
proof of deposit by email in order to have a quick refund.

For any purchase of a Product made on the Site, the Buyer has a right of withdrawal.

However, this right of withdrawal cannot be exercised for Orders relating to Products personalized according to the Buyer's specifications , in accordance with article L.221-28 of the Consumer Code.

Article 9 – Guarantees – Liability:

9.1. Guarantees

 The Products offered by OGO LIVING comply with current French legislation and the standards applicable in France.

OGO LIVING is liable for defects in conformity of the Products to the Contract, under the conditions of Articles L.217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

When acting under the legal guarantee of conformity:

– the consumer has a period of two years from delivery of the Product to take action;

– In the event of a lack of conformity, the Buyer chooses between repair and replacement of the Product.
However, OGO LIVING may not proceed according to the Buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the Product or the significance of the defect. It is then required to proceed, unless impossible, according to the method not chosen by the Buyer;

– the consumer is required to provide proof of the existence of the lack of conformity of the good within six months following delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

If the Customer decides to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

To do this, the Buyer must make their request in writing to the following address: OGO LIVING, chemin du lobel, 62510 ARQUES , informing OGO LIVING of the non-conformity or defects noted, what is desired (exchange or refund) as well as a copy of the order or invoice to enable this request to be processed.

Reproduction of legal provisions:

Article L217-4 of the Consumer Code:

“ The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under his responsibility by the contract or has been carried out under his responsibility.

Article L217-5:
“ The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12:
“ The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. ”

Article 1641 of the Civil Code:

" The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them ."

Article 1648 of the Civil Code:

“ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ”

9.2. Liability

OGO LIVING shall not be held liable if the non-performance or poor performance of the Contract is attributable either to the Buyer, or to the unforeseeable and insurmountable act of a third party to the Contract, or to a case of force majeure.

OGO LIVING cannot be held liable for non-compliance of the Product with the legislation of the Buyer's country, which is responsible for verifying whether the Product is not prohibited from sale in its country.

OGO LIVING cannot be held liable for failure to make the necessary reservations with the carrier in the event of packaging defects (crushed/open/wet or damaged package). It is the buyer's responsibility to immediately check whether the Product is in good condition upon receipt.

Article 10 – Intellectual property:

10.1. The Contract and the sale of the Products to the Buyer shall not result in the transfer of any intellectual property rights relating to the Products by OGO LIVING to the Buyer. OGO LIVING retains all industrial and intellectual property rights relating to the Products and related documentation.

The Buyer undertakes not to infringe in any way the rights of OGO LIVING, and in particular refrains from reproducing or imitating, directly or indirectly, in any way whatsoever, all or part of the Prototype or the Products, and from claiming any intellectual property right whatsoever over all or part of the Products.

As required, the Buyer acknowledges that all intellectual property rights relating to the Products (such as designs, trademarks, copyright, etc.) and their adaptations, modifications, improvements and enhancements belong to OGO LIVING or are reserved for it.

The provisions and prohibitions provided for in this article apply for the entire duration of the intellectual property rights and for the world.

10.2. In the event of customization of the Products with the Buyer's elements, the Buyer declares and guarantees to be the holder of all rights and/or to legally exploit the elements that would be ingested into the Products, without reservation or claim, in particular the rights of representation and reproduction. Consequently, the Buyer grants to OGO LIVING, on a non-exclusive basis, the rights necessary for the integration of these elements into the Products by OGO LIVING, in particular the rights of representation, reproduction and adaptation.

Article 11 – Termination clause:

The Order may be terminated by the Buyer by registered letter with acknowledgement of receipt or by writing on another durable medium in the event of:

– delivery of a product that does not comply with the declared characteristics of the Product;

– delivery exceeding the deadline set in the Order, after OGO LIVING has been ordered, in the same manner and without result, to make the delivery within a reasonable additional period;

– a price increase which is not justified by a technical modification of the Product imposed by the public authorities.

In all these cases, the Buyer may demand reimbursement of the amount paid plus interest calculated at the legal rate from the date of receipt of the amount.

The Order may be terminated by OGO LIVING in the event of the Buyer refusing to take delivery. In all these cases, the amount paid for the Order remains acquired by OGO LIVING as compensation. It is up to OGO LIVING to deduct the logistics, transport and order management costs.

Article 12 – Confidentiality:

The Buyer acknowledges that in the context of the performance of the Contract, OGO LIVING may be required to communicate confidential information to the Buyer, which relates in particular to its know-how (hereinafter, the “Confidential Information”). In particular, any description or model communicated by OGO LIVING to the Buyer, as well as the Prototype, will be considered Confidential Information.

The Buyer undertakes to keep the Confidential Information confidential and shall not disclose, assign, transfer, to anyone and in any manner whatsoever, or reproduce the Confidential Information, without the prior written consent of OGO LIVING. These obligations are stipulated without prejudice to the use of the Products, as they will be delivered to him.

These provisions will remain applicable for the duration of the Contract and five (5) years from delivery of the Products to the Buyer.

 

Article 13 – Personal data:

The nominative and personal information collected during registration is necessary for the processing and management of the Contract. This information is stored and secured, in accordance with the legal obligations in this area. OGO LIVING has made a declaration to the CNIL.

The data controller is OGO LIVING.

The personal data concerning the Buyer are intended solely for OGO LIVING, for the purposes of the execution and management of the Contract and, where applicable, for the transmission of commercial offers for products and services similar to those received by the Buyer.

In accordance with the Data Protection Act No. 78-17 of 6 January 1978, known as "Data Protection Act", the Buyer has the right, at any time, to access, modify, rectify or delete personal data concerning them. They may also object to the processing of data concerning them.

The Buyer may exercise his rights by sending a letter to OGO LIVING, if possible indicating his customer references, to the address given in the header of these General Terms and Conditions.

The Buyer also has the option to object to the use of his/her contact details each time a message is sent to him/her. To do this, simply click on the link provided for this purpose on each email sent or on the Site or send a request via the contact form.

 

Article 14 – Miscellaneous provisions:

The fact that OGO LIVING does not assert one of the stipulations of the Contract cannot be interpreted as constituting a waiver on its part to assert any of the said stipulations at a later date.

In the event that one of the provisions of the Contract is declared null and void or without effect, this provision shall be deemed unwritten, without this affecting the validity of the other provisions, unless the provision declared null and void or without effect was essential and decisive.

Article 15. Applicable law:

The validity, execution or non-execution, interpretation and termination of the Contract including in particular the General Terms and Conditions will be governed by French law.

 

Article 16. Complaint – Mediation:

16.1. In the event of a dispute or complaint, the Buyer must first contact OGO LIVING via the contact form at the bottom of the page and/or by mail to: OGO LIVING, sas lebrun, chemin du lobel 62510 arques, stating the references of his Order and the subject of his request.

16.2. In the event of failure of the claim request to OGO LIVING or in the absence of a response from the latter within a period of two months, the Buyer may submit the dispute relating to the Contract opposing him to OGO LIVING to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

To submit his request for mediation, the Buyer therefore has the option of using CAREN, a mediation center:

The parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The Buyer is also informed of the possibility of using the online out-of-court dispute resolution platform set up by the European Union and accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR