These general conditions of sale are concluded on the one hand between OUTRENOIR SAS (hereinafter “OUTRENOIR”) and on the other hand, any person, individual
OUTRENOIR and the Buyer are hereinafter collectively referred to as the “Parties” and, individually, a “Party”.
The works presented and offered for sale are either existing products or products requiring a production time (hereinafter The Product(s)).
The Products are possibly:
Presented on the website https://outrenoir.eu/ (hereinafter “The Site”)
Existing products, presented and offered for sale, are sold as is.
Each Product presented on the Site is accompanied by a description which presents its essential characteristics.
The presentation photographs of the Products are provided for informational purposes only. The photographs have no contractual value and do not engage the responsibility of OUTRENOIR.
Each Product offered by OUTRENOIR being unique or reproduced in limited quantities, the Order is always concluded under the suspensive condition of its availability or feasibility (case of products requiring a lead time for completion).
Confirmation of an Order entails unreserved acceptance of these General Terms and Conditions.
These General Terms and Conditions and the summary of the Order sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
Computerized data or any other exchange of information between the Parties, kept by OUTRENOIR and its partners, will be considered as proof of communications, orders, payments and delivery arrangements concluded between the Parties.
These General Terms and Conditions may be subject to modification at any time.
In the event of a modification, the applicable General Terms and Conditions are those in force and available on the Site on the date of access and consultation of the Site by the user.
When placing an Order, the applicable General Terms and Conditions are those which were in force on the day of the Order.
The price of each Product indicated on the Site is expressed in Euros, all taxes included (hereinafter “TTC”), excluding accessories, delivery, customs and insurance costs.
In the event of delivery to a country other than France, if customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are his entire responsibility, both in terms of declaration and payments to the competent authorities and bodies. It is up to him to obtain information from the competent authorities.
For old works, in accordance with the tax regulations applicable to textile goods, the value added tax (“VAT”) is calculated on the margin, invoices are established inclusive of tax.
Prices may be modified at any time by OUTRENOIR, which the Buyer acknowledges and accepts.
The price of the Product may be increased by delivery costs which include packaging costs and shipping costs.
OUTRENOIR will indicate to the Buyer the delivery costs that the Buyer will have to pay to validate their Order.
At the time of placing an Order, the Buyer declares to be at least 18 years old, and to have the legal capacity, or to hold parental authorization, allowing him or her to place an Order.
At the time of placing the Order, the Buyer ensured the availability of the Product in the or the feasibility of the Product in the case of a product requiring a lead time by, as desired:
When placing the Order, the Buyer ensured
OUTRENOIR will communicate by email an order proposal specifying:
To place an Order, the Buyer is deemed to have validated these elements before paying:
Validation is done by email to contact@outrenoir.eu
OUTRENOIR reserves the right to refuse any Order from a Buyer with whom there is a dispute or a risk of violation of current legislation.
Payment is made in euros exclusively. The full price and delivery costs are due upon validation of the Order.
Payment of the price of the Product and delivery costs is made in accordance with the terms agreed between the Buyer and OUTRENOIR.
Payment can be made:
Any bank charges (commission fees, transfer fees, conversion fees, etc.) are the responsibility of the Buyer, including in the event of reimbursement.
After confirmation of payment by their bank, OUTRENOIR informs the Buyer by email of the validation of their payment.
As soon as the Buyer’s payment is validated, OUTRENOIR will package the product and have it shipped within 7 working days by a carrier chosen by OUTRENOIR.
The packaged product will be handed over to the carrier who will choose the solutions adapted to the protection of the package during transport.
Under these conditions OUTRENOIR declines all responsibility in the event of damage or loss of the goods during transport and delivery.
The delivery time on the territory of mainland France is at most 60 days from validation of payment by our bank. For any other location it is increased to 90 days.
Upon validation by OUTRENOIR of the Buyer’s payment, OUTRENOIR will have the product produced according to the Buyer’s specifications and recalled in the Order.
The completion time varies depending on the work and can vary from 4 weeks to 4 months.
This deadline depends on numerous parameters such as the availability and supply of raw materials (fabrics, supplies, etc.) or the intervention of certain subcontractors.
Within 15 working days OUTRENOIR will inform the Buyer of the completion time
Upon receipt of the Product by the Buyer, the latter undertakes to unpack and check its condition in the presence of the carrier and to express any reservations it deems useful to the latter, in writing and without delay. , and at the latest within 48 hours by email to contact@outrenoir.eu
Any Product which has not been the subject of reservations communicated by registered letter with request for acknowledgment of receipt within 3 days of its receipt to the carrier, in accordance with article L 133-3 of the commercial code, and of which a copy will be sent simultaneously to the Site, will be considered accepted by the Buyer.
In accordance with articles L.121-21 to L.121-21-8 of the Consumer Code, the Buyer has a withdrawal period of 14 calendar days from the day of receipt of the Product.
To exercise this right, the Buyer must notify his wish to withdraw by, as desired:
Notification of the Buyer wishing to exercise his right of withdrawal must:
The exercise of the right of withdrawal by the Buyer entails for him the obligation to return at his own expense, within 14 days from the exercise of his right of withdrawal the Product whose Order has been canceled.
If applicable, OUTRENOIR indicates to the Buyer the return address of the Product.
The Product must be returned in its original packaging or any other equivalent packaging adapted to its nature, accompanied by a copy of the purchase invoice.
The Product must be returned under the same transport conditions as those of delivery (carrier).
The returned Product must not have suffered deterioration of any kind, the Buyer being deemed responsible in the event of deterioration of the Product.
If damage is noted, additional costs will be withheld from the Buyer’s reimbursement.
If damage to the Product renders it unsuitable for marketing or non-compliant, no reimbursement may be required.
Upon receipt of the returned Product, and subject to its good condition and conformity and provided with all its possible accessories, OUTRENOIR will reimburse all amounts received within 14 days.
In accordance with article L221-28 of the Consumer Code, the right of withdrawal is excluded in the event that the Product is made according to the Buyer’s specifications.
OUTRENOIR SAS will be the only party to determine whether a refund of the product ordered on its platform can be refunded or not.
OUTRENOIR’s liability for the Products delivered, including within the framework of the applicable contractual or legal guarantees, is limited to the prices of the Products that do not comply with the detailed description of the Site and recalled on the Order. OUTRENOIR cannot be held responsible for compensation for indirect damage or any other financial loss suffered by the Buyer or a Third Party.
The visual representations of the Products visible on the site are as faithful as possible. However, these representations may vary on the same screen depending on the graphics settings of the latter or from one technical display system to another. These variations and differences cannot be attributed to OUTRENOIR, which cannot under any circumstances be held liable.
OUTRENOIR cannot be held responsible for the misuse of the Products, poor maintenance of the Products, accidental damage or even abusive or improper use of the Products following their use.
No Party may be held responsible for the total or partial non-performance of its obligations if this non-performance is due to a fortuitous event or the occurrence of an element constituting force majeure such as in particular, and without this list being limitation, flood, fire, storm, transport strike, partial or total strike, or lockout. The party having been affected by such events must inform the other party as soon as possible and at the latest within five working days of the occurrence of this event.
The parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the Order during the duration of the force majeure or fortuitous event.
If the case of force majeure lasts for more than 1 month, OUTRENOIR may not honor the Order, it being up to OUTRENOIR to reimburse the Buyer, if necessary, for the sums paid by him under the Order concerned.
The General Terms and Conditions are written in French. Only this original version in French is authentic, and takes precedence over any other version interpreted or translated into a foreign language.
The relations between the Parties under an Order are governed by French law.
OUTRENOIR, concerned with the satisfaction of the Buyer, will always favor the amicable resolution of a dispute. However, in the event that an amicable solution cannot be reached, any legal action will fall under the exclusive jurisdiction of the courts within the jurisdiction of the head office of OUTRENOIR.