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Terms and conditions of sale

For the purposes of these GTS, the terms below have the following definitions:

– GCS: refers to the General Sales Conditions.
– Customer(s): refers to the person who has ordered or acquired a Product.
– Party: separately the Vendor or the Customer.
– Parties: jointly the Vendor and the Customer.
– Product(s): refers to the Products offered and sold on the oko-moments.com website.
– Site: refers to the internet site okomoments.com.
– Vendor: refers to SASU Vlora, SIRET: 91811700300023 whose registered office is located at: 4, Place Raspail, 69907 Lyon, France.

The purpose of the present General Terms and Conditions of Sale and Guarantees (hereinafter referred to as “GTCS”) is to define the terms and conditions under which OKO Moments offers to sell Products to individual Customers.

Consequently, any order placed by a Customer implies unreserved acceptance of and full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document, unless special conditions are expressly agreed to in writing by OKO Moments.

The Customer acknowledges having read the GTC prior to placing an order.

The present General Terms and Conditions of Sale come into force as from February 14, 2025. They supersede all previous versions.

OKO Moments reserves the right to modify these GTC at any time by publishing a new version on the Site. In the event of modification of the GTC, the applicable GTC are those in force at the date of the order.

The temporary or permanent non-application of one or more clauses of the GCS by OKO Moments shall not constitute a waiver of the other clauses of the GCS, which shall remain in full force and effect.

ITEM 1.
1.1 PRODUCTS

A detailed description of the Products is available when viewing each one individually on the Site.

The system thus set up requires an active approach on the part of the Customer. It complies with the legal requirements for online sales and consumer protection.

The Products offered are those shown on the Site while stocks last.

To this end, we display the availability of the products we sell. We cannot be more precise about the availability of Products than what is indicated on this page or elsewhere on the Site. When processing your order, we will inform you as soon as possible by e-mail using the address associated with your order if any Products you have ordered prove to be unavailable due to a stock error on the Site.

With regard to Products offered on the Site which fall within the food category of perishable foodstuffs and ordered on the Site, in accordance with the provisions of article L. 221- 18 of the French Consumer Code, and subject to the hypotheses referred to in article L.121-21-8.4° of the said Code, the Customer does not have the right of withdrawal provided for in article L.121-21 of the French Consumer Code.

OKO Moments undertakes to accept orders placed on the Site, within the limits of available stocks, in accordance with the terms of the present document, which the Customer must declare to have read when validating the order.

For all purchases on our Site, a confirmation e-mail is sent to the Customer mentioning the order number and details of the products ordered. Once the order has been processed, the Customer receives an e-mail with information enabling him to track the delivery of the Products.

1.2 LIMITATIONS
If a Product is out of stock, OKO Moments will inform the Customer as soon as possible by e-mail to the e-mail address provided. OKO Moments will inform the Customer of the lead times required to obtain the desired Product or will offer a replacement Product of equivalent value.

OKO Moments is not in a position to manage backorders: if a Product is out of stock without a specific restocking period, OKO Moments will offer the Customer a refund of the Product ordered, via the payment method used when the order was placed.

Orders will only be considered once full payment for the Products has been received and will be confirmed by OKO Moments by e-mail.

OKO Moments reserves the right to cancel any Orders that are non-compliant, suspect, or placed in bad faith. Furthermore, OKO Moments reserves the right to refuse any Order from a Customer with whom there is any previous or current dispute.

1.3 PAYMENT
Article L132-2 (Loi nº 2001-1062 du 15 novembre 2001 art. 34 Journal Officiel du 16 novembre 2001)

The order or commitment to pay given by means of a payment card is irrevocable. Payment may only be stopped in the event of loss, theft or fraudulent use of the card or the data linked to its use, or in the event of the beneficiary’s receivership or liquidation.”

In the event of it being impossible to debit the sums due in settlement of the order, for whatever reason, the order will be cancelled, without prejudice to any damages that the Seller may claim to compensate for its loss.

OKO Moments cannot be held responsible for fraudulent use of the payment methods used on the Site or for errors in the payment system.

ARTICLE 2.
PRICES
OKO Moments reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

Prices shown are in euros and include all taxes (VAT and all other taxes according to the rates applicable in France at the time of the order).

Prices are net prices and include the price of products, handling, packaging and storage costs. Prices are valid on the date the order is validated. Prices are subject to change without notice.

Shipping costs for delivery of the Product are not included in the price, unless expressly agreed between the Parties. These costs are those indicated when the order basket is validated, and may vary according to the amount and weight of the Order and/or the country of dispatch.

Under no circumstances will OKO Moments be liable for any additional costs related to the delivery of the Order, other than the shipping costs described and invoiced at the time a Customer places an order on the Site.

ARTICLE 3.
PAYMENT
Payments are made by credit card. Customers are redirected to a secure interface where they can safely enter their personal credit card account details.

The Customer’s credit card will be debited when the Order is confirmed.

To this end, he/she guarantees that he/she is the holder of the bank card to be debited and that the name on the card is his/her own.

If payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable.

OKO Moments reserves the right to suspend any Order processing or delivery in the event of unpaid invoices or payment incidents (false bank details, lack of funds in the Customer’s account, etc.).

If the Customer has an e-mail address and has entered it on the order form, confirmation of the order will be sent by e-mail.

ARTICLE 4.
DELIVERY
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.

OKO Moments delivers only in France (including Corsica), Belgium, Luxembourg, Netherlands, Switzerland, Italy, Spain, Germany and Portugal.

4.1 DELIVERY METHODS
Packages are delivered by La Poste, Chronopost or Mondial Relay (according to the customer’s choice) to the customer’s home address or to any other address of the customer’s choice (to be specified on the delivery form).

OKO Moments undertakes to deliver the goods within a maximum of 30 days from the registration of the Order, subject to full payment of the price.

OKO Moments will provide the Customer with a tracking number.

In the case of home delivery, if the Customer is absent, a notice will be left in his/her letterbox, enabling him/her to collect the Products ordered from the nearest carrier’s office, within a period indicated by the postal services.

4.2 DELIVERY TIMES
OKO Moments undertakes to do everything in its power to deliver the Products ordered within the time indicated when the delivery is selected. After this deadline, you have 15 days to contact us to find a solution.

Orders placed on the Site on a Friday afternoon, Saturday or Sunday will not be processed until the following Monday. Furthermore, Orders placed on the Site on a French public holiday will only be processed on the following working day.

4.3 DELIVERY CHARGES
Delivery charges are those indicated when the order basket is validated.

4.4 DELIVERY CONDITIONS
The Order is delivered to the delivery address chosen by the Customer.

Any risk of loss or damage to the Product is transferred to the Customer at the time the Customer or a third party designated by the Customer takes physical possession of the goods, and no subsequent claim may be made. The customer is therefore advised to check the contents of the package before signing for receipt. All claims must be made to the carrier.

The customer is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the delivery agent. In the event of damage in transit, any protest must be made to the carrier within three days of delivery, under the conditions defined by the carrier.

4.5 Customs
When you order Products with an address or delivery point outside the European Union, you may be subject to import duties and taxes, which are levied when the package reaches its destination. You will be responsible for any additional customs clearance charges; we have no control over these charges.

Protecting your privacy is important to us, and we draw the attention of our international customers to the fact that cross-border deliveries may be opened and inspected by customs authorities.

ARTICLE 5.
RIGHT OF WITHDRAWAL
Pursuant to the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal which may be exercised within a maximum period of fourteen (14) clear days from the date of receipt of the Product(s) concerned, without having to justify the reason.

When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

To exercise his right of withdrawal, the customer must send an e-mail to the following address: retours@okomoments.com

Customer Service will then contact the Customer using the contact details provided in order to organize the return of the Products, the direct costs of which will be borne by the Customer.

Packages must be returned to the following address:
OKO MOMENTS
4 PLACE RASPAIL
69007 LYON
FRANCE

Reimbursement will be made as soon as possible after receipt of the returned Product(s), and at the latest within 14 days of receipt of the Product(s), and will be made by the same means of payment used at the time of purchase.

However, refunds will only be made if the Product is returned in perfect condition, in its original packaging, with all accessories, instructions and documentation. Moreover, Products that have been unsealed and/or mixed inseparably with other Products will not be refunded.

Only the Customer may exercise this right of withdrawal. In the event of delivery to a person other than the Customer, this right cannot be exercised by the recipient of the Order.

ARTICLE 7.
CONFORMITY – WARRANTY AGAINST HIDDEN DEFECTS
OKO Moments guarantees respectively that the Products conform to their intended use, and are free from defects or hidden faults making them dangerous or unfit for normal use. Thus, all products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code).

Article L.217-4 of the French Consumer Code states that “the seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery”.

Article L217-5 of the French Consumer Code states that: “Goods conform to the contract:
If it is fit for the use normally expected of similar goods and, where applicable :

– if it corresponds to the description given by OKO Moments and possesses the qualities that OKO Moments presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by OKO Moments, by the producer or by his representative, particularly in advertising or labelling

Reminder:
With regard to Products offered on the Site which fall within the food category of perishable foodstuffs and ordered on the Site, in accordance with the provisions of article L. 221- 18 of the French Consumer Code, and subject to the hypotheses referred to in article L.121-21-8.4° of the said Code, the Customer does not have the right of withdrawal provided for in article L.121-21 of the French Consumer Code.

ARTICLE 8.
RESERVATION OF OWNERSHIP
In accordance with the law of May 12, 1980, the elements reproduced on the Site (in particular, trademarks and all illustrations, images and logos, photographs) are the exclusive property of OKO Moments and are protected by copyright, trademark law and patent law where applicable.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos or any graphic content, for any reason and on any medium whatsoever, without the express prior consent of OKO Moments, is strictly prohibited.

The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents, which are the exclusive property of OKO Moments.

ARTICLE 9.
RESPONSIBILITY
OKO Moments undertakes to take all necessary care in the implementation of the service offered to its Customers.

The Site provides the Customer with information (photos, texts) on an indicative basis, as is, with all imperfections, errors, omissions, inaccuracies and other ambivalences that may exist, and is in no way contractual. Furthermore, this information must be taken into consideration at the time it is put online and not at the time the Site is consulted.

OKO Moments declines all responsibility:

– In case of stock shortage or unavailability of the Product ;
– In the event of disruption, total or partial strike, in particular of postal services or means of transport and/or communications;
– For any interruption, malfunction or unavailability of access to the Site ;
– For any misuse or incorrect configuration of the Customer’s computer;
– For any damage of any nature whatsoever resulting from fraudulent intrusion by a third party leading to modification of the information made available on the Site;
– For any failure due to force majeure as defined by article 1218 of the French Civil Code, and in particular, without limitation, catastrophes, strikes, fires, floods, material failures or breakdowns in means of transport or communication, or due to actions on the part of the Customer;
– For any indirect damage such as loss of profits, loss of earnings, loss of data, loss of clientele, which may result from the use of the Site, or on the contrary from the impossibility of its use.

In any event, regardless of the grounds on which OKO Moments is held liable, its liability is limited to the lower of the following two amounts: (1) the amount of the direct loss suffered by the customer, or (2) the price of the Order.

OKO Moments may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, the occurrence of bugs, external intrusion or the presence of computer viruses.

ARTICLE 10.
PROTECTION OF PERSONAL DATA
OKO Moments is committed to preserving the confidentiality of information provided by the buyer, which he/she may be required to transmit in order to use certain services.

In general, the Customer is not required to provide any personal data when visiting the Site. However, for certain services offered by the Site (purchase, contact), the Customer may be required to communicate certain data such as: surname, first name, e-mail address, postal address and telephone number. This is the case when the Customer fills in the sales form or the contact form. Customers have the right to access, modify and delete any information concerning them. They may request this at any time by e-mail or using the contact form on the site.

ARTICLE 11.
INTELLECTUAL PROPERTY
The use of this Site is reserved for strictly personal use. In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all elements, trademarks, designs, models, logos, graphics, etc. found on this Site as well as their compilation are the exclusive property of OKO Moments or its suppliers, the latter granting no license or right other than that of consulting the Site. OKO Moments reminds you that any reproduction, use or modification, whether partial or total, of any element of the Site is strictly forbidden, except with the prior, special and express authorization of OKO Moments. As a consequence, OKO Moments may take legal action, in particular for counterfeiting, against all those who, directly or indirectly, infringe its rights.

ARTICLE 12.
COMPLAINTS
For any questions about an order, OKO Moments customer service is available to its customers via the “Contact” section.

In the event of a dispute, all Customers must provide their Order number and the exact reason for their request. Inquiries with La Poste regarding the delivery of any parcel must not exceed 30 days. After 2 months, once a “complaint” file has been opened, requests for reimbursement can no longer be considered.

ARTICLE 13.
APPLICABLE LAW – DISPUTES
All complaints must be sent to OKO Moments by email using the contact form available on the Site, within a reasonable time. If OKO Moments does not reply within sixty-sixty days, or if the reply does not meet the Customer’s expectations, the Customer is informed that he/she may refer the matter, free of charge, to a consumer ombudsman under the conditions set out in Book VI of the French Consumer Code and the contact details of the relevant consumer ombudsman(s).

In the event of total or partial impossibility to perform the Services due to an event defined as force majeure by the jurisprudence of the French Courts and Tribunals, neither Party shall be held liable. The respective obligations of the Parties will initially be suspended for the duration of the force majeure event, with the exception of obligations that may survive. Should the suspension exceed a period of thirty 30 days, the present contract may be terminated ipso jure at the initiative of either of the Parties.

ARTICLE 14.
DURATION AND VALIDITY
The present terms and conditions apply for the duration of the online availability of the Products and services offered for sale by OKO Moments.

These General Conditions may be supplemented from time to time by other articles or appendices.

OKO Moments reserves the right to modify these Terms and Conditions at any time, without prior notice or obligation to justify its decision, and without incurring any liability as a result. The Terms and Conditions applicable are those in force on the day of use of the Site by the User and/or on the day of purchase of a Product by the Customer, depending on the nature of the modification made to the Terms and Conditions.

ARTICLE 15.
CLAUSE DEEMED UNWRITTEN
If one or more clauses of these GTS are held to be null and void by virtue of a law, regulation or final decision of a competent court, the other clauses shall retain their full legal force and scope. The Parties hereby agree to replace the clauses declared null and deemed unwritten in such a way as to maintain the economic equilibrium and good sense of these GCS.

CUSTOMER SERVICE
For any information, complaint or question relating to these General Terms and Conditions of Sale or to the Products themselves, the Customer should contact Customer Service by e-mail: hello@okomoments.com.