Terms of Sales

TERMS OF SALES

 

Article 1 - Scope
The General Conditions of Sale below apply, without restriction or reservation, to all sales made by ORLOV NY ("the Seller") to non-professional buyers ("The Customer or Customers"), wishing to buy the products offered for sale by the Seller (“The Products”) on its website www.orlov.fr.

They detail in particular the conditions of ordering, payment, delivery and management of potential returns of items purchased by Customers. The Products offered for sale on the website www.orlov.fr are as follows: jewellery, watches and accessories.


The main characteristics of the Products are presented on the website www.orlov.fr and more precisely the illustrations, the dimensions, the specificities of each article.

The Customer must be aware of these characteristics before placing an order. The Customer is solely responsible for the choice and purchase of the Product. The Customer must consult the specificities of each product, the description and the illustrations made available. The products are available within the limits of available stocks. Availability is indicated when the order is placed.


Seller's contact details :

ORLOV NY
The head office :
Marquisat building, boulevard de Houelbourg, Jarry
97122 Bay Mahault
Guadeloupe

Siret: 492 158 662 00014
Telephone: 0590 81 30 55

These General Terms and Conditions of Sale apply to sales made online and not through other distribution, marketing and store channels.

These General Conditions of Sale are available on the website www.orlov.fr at any time and will prevail over any other document.

The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided before validating the online order as well as the general conditions of use of the website www.orlov.fr.

These General Conditions of Sale may be modified later. Thus the version that will apply to the Customer's purchase will be the one published on the website on the date of validation of the order.

Unless there is contradictory evidence, the data recorded in the computer system of ORLOV NY will be considered as proof of the purchases made between the Seller and the Customer. In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by proving his identity,

ORLOV NY

Marquisat building, boulevard de Houelbourg, Jarry

97122 Baie-Mahault, Guadeloupe

By validating his order, the Customer accepts without restriction or reservation the present General Conditions of Sale. By accepting these conditions, the Customer is able to freely acquire the Products presented on the website www.orlov.fr.

If the products purchased are intended for countries other than metropolitan France and the DOM-TOMs, the Customer is considered to be the importer of the product(s). As such, customs or import duties as well as local or state taxes may be applied and must be paid by the Customer only.

Before any purchase intended for foreign countries, it is strongly advised to find out about the laws applied in the country of delivery in order to comply with the legislation in force. It would also be useful to translate the conditions of sale into the official languages ​​of the country in order to become fully aware of the laws applied.


Any changes to these General Terms and Conditions of Sale are presented to users of the www.orlov.fr website from the time they are put online. They do not apply to sales made previously.


Article 2 - Orders

The Customer selects the products he wishes to purchase on the website www.orlov.fr. The purchase is made according to the following procedure:

  • Click on the “add to cart” button
  • Check the contents of your basket and the delivery method chosen.
  • Enter your billing and delivery details
  • Choose your payment method and enter the necessary information to make the payment.
  • Confirm payment

All contractual information is displayed in French and is confirmed at the time of validation of the order. The availability of products is valid as long as they are visible on the site and within the limits of available stocks.

The sale is only final when the Seller confirms to the Customer that his order has been accepted and that the shipment of the purchased product is in progress. This confirmation will be made by e-mail after receipt of the purchased product.

The Customer must first check all the information related to the order: product(s) ordered, delivery address, delivery method, payment method. If the Customer notices an error, he should immediately contact customer service.

Any order made on the website www.orlov.fr is considered as a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse an order if there is a previous dispute with the Customer, in particular concerning the payment of a previous order.


The Customer has the possibility of following the various stages of his order on the website www.orlov.fr.


The products sold on the website www.orlov.fr are intended for non-professional customers. These products are intended for consumers of the brand and for personal use.

Thus, the Seller reserves the right to refuse an order if it includes a large quantity, namely more than 2 items of the same reference. In addition, in the event of a price error, the Seller may also cancel the order.

If the Customer wishes to modify the order, these modifications can only be accepted within the limits of stock availability and internal possibilities. The desired changes must be notified to the Seller within 2 days, at least, before the scheduled date of shipment of the order.

If these modifications cannot be accepted by the Seller, the Customer will be reimbursed within a maximum of 30 days from the notification of the cancellation of his order following the impossibility of accepting the desired modifications (unless the Customer wishes to benefit of a credit note instead).

After acceptance of the order by the Seller, if the Customer decides to cancel the order less than 2 days at least before the date scheduled for delivery of the product(s), an amount corresponding to 10% of the total amount of the order will be retained regardless of the reason given (except in the exercise of the right of withdrawal or force majeure). This sum will be invoiced to the Customer as damages for the loss suffered by the Seller.

ARTICLE 3 - Personalization

An engraving service may be offered to the Customer(s) on a selection of items. If the Customer wishes to have an item personalized, the latter must click on the “Add an engraving” button and provide the requested information.

ORLOV NY reserves the right to refuse any order for personalized items containing inappropriate, illegal or contrary to the image of our company. It is the Client's responsibility to ensure the accuracy of the information it provides for this purpose. The Customer releases ORLOV NY from any responsibility in the event of inaccuracy of this information.

Orders of personalized items are not cancellable and items that have been personalized cannot be exchanged or refunded.

 

Article 4 - Rates

The Products are sold at the prices indicated on the website www.orlov.fr during the validation of the order by the Seller. Prices are displayed in euros and include all taxes.

Prices may be subject to occasional reductions which are managed by the Seller and visible on the website www.orlov.fr.

The rates are fixed and non-negotiable throughout the period of posting on the website www.orlov.fr. Outside the period of validity, the Seller reserves the right to modify these prices at any time. Prices shown do not include processing fees, shipping, freight and delivery charges. These costs are calculated at the time of validation of the order and are invoiced in addition according to the conditions stipulated on the website www.orlov.fr. The total amount displayed at the time of payment includes all ancillary costs. An invoice is sent to the Customer by the Seller upon delivery.

Article 5 - Terms of payment

The products ordered must be paid for in cash and in full at the time of validation of the order by the Customer. Payment is made securely by Visa, MasterCard, American Express and other credit cards. Payment data is exchanged in encrypted mode using the SSL protocol.

The Seller offers Alma's credit service in order to offer the Customer a payment facility. This option is subject to the Customer's acceptance of the T&Cs and the credit agreement offered by Alma.

If the credit is not granted by Alma, the order may be cancelled. The execution of the payment is subject to the condition that a credit agreement between Alma and the Customer is signed.

The termination of the General Terms and Conditions of Sale between the Customer and the Seller will result in the termination of the General Terms and Conditions of Sale or the credit agreement between the Customer and Alma.

Payment can be made in installments through our partner Alma. Alma is responsible for securing payments that are protected by 3D Secure. Alma manages the electronic payment and establishes the electronic certificate which will be considered as proof of purchase with the amount and the date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.

The Seller undertakes to accept in advance the granting of credit between the Customer and Alma in accordance with Article L312-46 of the Consumer Code.

If Alma grants credit to the Customer, the amount will be paid by credit in accordance with article L312-45 of the consumer code. If Alma refuses the credit, the order may be canceled unless the Customer decides to pay cash for his purchase.

If the Customer wishes to withdraw, the costs and interest will be credited to him in accordance with the legislation in force.

If the contract of sale or provision of services has successive execution or undergoes long delivery times, the Seller has the obligation to specify in its General Conditions of Sale the period for the start of delivery. For more details, you can contact the Alma teams directly at the following address: support@getalma.eu.

 

Article 6 - Deliveries

The purchases made by the Customer are sent in Metropolitan France, in the DOM-TOMs and in European countries within 2 working days from the validation of the order.

It is necessary to take into account a time of preparation and processing of the order but also a time of routing to the delivery address indicated by the Customer during the purchase on the website www.orlov. Fr .

Delivery is effective upon physical receipt of the product by the Customer.

Except in case of unavailability of one or more products, the order is delivered in one go.

The Seller will do its utmost to ensure delivery of the products purchased as soon as possible indicated in the previous conditions. Nevertheless, the deadlines are transmitted as an indication. If the order is not delivered within 10 days after the indicative date, except in the event of force majeure or because of the Customer himself, the sale may be dissolved at the request of the Customer under the conditions provided for in articles L 216-2L 216-3L241-4 of the Consumer Code. The payment made by the Customer will be recredited at the latest within fourteen days following the date of termination of the contract, with the exception of any compensation or costs withheld.

Beyond our control, delays may nevertheless occur for any of the following reasons:

- Engraving on one of the products

- Unforeseen circumstances

- Delivery zone

The Seller offers free delivery to the store at the following address:

ORLOV NY
Marquisat building, boulevard de Houelbourg, Jarry

97122 Bay Mahault
Guadeloupe

The Seller encourages the Customer to check the Product as a whole at the time of delivery. If the delivered product does not conform (different reference, defective, incomplete or damaged product), the Customer must write to Customer Service no later than 5 (five) days after delivery to report their problem. This letter must be addressed to the Seller but also to the carrier if the problem relates to the delivery itself. The provisions of article 9 on legal guarantees will be applied.

Non-compliant products reported within 5 (five) days after delivery may be subject to the Customer's right of withdrawal and may be refunded without being repaired or replaced as set out in the legal guarantee of conformity.

Article 7 - Transfer of ownership - Transfer of risks

The transfer of ownership is applied when the order is accepted by the Seller. This transfer materializes the agreement of the two parties on the object and its price as well as on the date of payment and the indicative delivery time.

Article 8 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of his purchase to exercise his right of withdrawal from the Seller. This right of withdrawal can be applied with specific supporting documents and without an incomprehensible financial penalty. It is carried out by an exchange or a refund provided that the products ordered are returned in their original packaging and in perfect condition within 14 days of the request for withdrawal sent to the Seller.

Returned products must be in perfect condition and include their packaging, accessories, manuals and any other item sent in the original package. They must be able to be put back on sale without intervention from the Seller and returned with the purchase invoice. Damaged, broken, worn or incomplete products will not be accepted.

The notification of the right of withdrawal must be made by e-mail. An acknowledgment of receipt will be sent to you by the Seller. The withdrawal request must be clear and precise, without any ambiguity.

If the Customer's right of withdrawal is exercised within the aforementioned period, the latter will be refunded the price of the item and the delivery costs but not the return costs. Return costs are the responsibility of the Customer.

The exchange (if the item is still available) or the refund will be made within 14 days of receipt of the returned products and meeting the conditions provided for in these General Conditions of Sale.

Article 9 - Seller's liability - Warranty

The products sold on the website www.orlov.fr comply with the regulations in force in France. They are intended for non-professional use.

In accordance with the legal provisions and independently of the right of withdrawal, the products sent by the Seller benefit ipso jure and without additional payment from the following guarantees:

  • Legal guarantee of conformity: this guarantee applies to products which appear to be defective, damaged or incomplete, or which do not correspond to the reference ordered.
  • Legal guarantee against hidden defects: this guarantee provides security in the event of a material defect and a design or manufacturing defect which would render the product unusable under the conditions and according to the methods defined in the appendix to these General Conditions of Sale (Compliance Guarantee / Guarantee of Hidden Defects).

To assert his rights, the Customer must inform the Seller by mail and clearly state to what extent the product does not meet his expectations. This request must be made within a maximum period of 2 years from the delivery of the purchased products. In the event of latent defects, a maximum period of 2 years also applies from the discovery of the latent defect.

Once the non-conformity has been noted, the seller will replace, repair or reimburse the products or parts under warranty and recognized as defective. In such a case, the shipping costs will be reimbursed according to the invoiced rate.


Products found to be non-compliant or defective will be refunded as soon as possible and at the latest within 30 days of the finding by the Seller. Reimbursement will be made either by crediting the Customer's bank account or by sending a bank cheque.

The responsibility of the Seller is not engaged in the following cases:

  • If the Customer has not checked the legislation of the country of delivery and non-compliance with the legislation is noted.
  • If the Customer misuses the product, neglects it, does not maintain it as directed or uses it in a professional manner.
  • If it is normal wear and tear of the product, an accident or force majeure

Items modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover items damaged in transit.

The Seller's warranty is limited to a replacement or reimbursement of products recognized as damaged, non-compliant or with a hidden defect.

Article 10 - Computing and Freedoms

In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be transmitted to the Seller's partners who process, execute and manage orders and their payments.

In accordance with the national and European regulations in force, the Customer has a right of permanent access, modification, rectification and opposition with regard to information concerning him.

This right can be exercised under the conditions and according to the methods defined on the website www.orlov.fr.

Article 11 - Intellectual property

The content of the website www.orlov.fr is the property of the Seller and its partners. This content is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may be likely to constitute an offense of counterfeiting.

The Seller remains the owner of all intellectual property rights to the photographs, studies, presentations, drawings, models, prototypes and any other document produced (even at the request of the Customer) for the provision of Services to the Customer. The Customer does not have the right to reproduce or use said photographs, studies, presentations, drawings, models and prototypes, etc. without the Seller's clear, written and prior authorization. These authorizations may be subject to financial compensation.

 

Article 12 - Applicable law - Language

These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.

These General Conditions of Sale are written in French. In the event of a dispute and in the case of a translation into one or more foreign languages, only the French text shall prevail.

 

Article 13 - Disputes

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the seller and the customer will be submitted to the competent courts of Pointe-à-Pitre, under the conditions of common law.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with existing sectoral mediation bodies. or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

Article 14 - Pre-contractual information - Client acceptance

The Customer acknowledges that before validating his order, he had access to all the General Conditions of Sale in a visible, clear and easily understandable manner, as well as all the conditions and information mentioned in article L 221-5 of the Consumer Code and in particular the following information:

  • Specificities specific to the Product

the price of the Product and related costs (e.g. processing and delivery costs)
the delivery date or deadline if the order is not processed immediately

  • Information on the identity of the Seller, in particular his address, telephone and e-mail address, as well as his activities
  • Information on the legal and contractual guarantees as well as the methods of application
  • Payment methods accepted
  • The functions of digital content and its possible interoperability
  • The possibility of exercising conventional mediation in the event of a dispute
  • Information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard form of withdrawal), the costs of returning the Product, the methods of termination and other important contractual conditions.

In the case of an order placed by a natural (or legal) person on the www.orlov.fr site, the latter is considered to have adhered to and accepted the General Terms and Conditions of Sale in their entirety. This person also undertakes to pay for the product(s) ordered and waives the right to rely on any contradictory document opposable to the Seller.