OKOON’s general terms and conditions of sale of hereunder set out the rights and obligations of the parties within the context of the sale of products, in particular, an OKOON BY MOLENAC sleeved stole, and the use of the dedicated website.
These terms and conditions are agreed between OKOON, a limited liability company with share capital of €5,000, registered in the Paris Trade and Companies Register under No. 494 096 613, having its registered office at 21, rue Saulnier, 75009 Paris, France, and a final individual purchaser – a person acting outside their professional business – hereinafter referred to as ‘the Customer’, in the context of a distance selling system.
Products purchased on the website may not be re-sold.
Users may place orders via the Internet at the following address: www.okoonbymolenac.com
The details given on the product data sheet(s) are provided solely as a guideline and OKOON may not be held liable for any errors it may contain. Once informed of any errors or omissions, OKOON undertakes to endeavour to make the appropriate corrections as soon as possible.
Customers shall have a period of 7 (seven) days in which to cancel their order should the products sold not match the description given on the product data sheet or where the details provided are incorrect.
Prices shown are in Euros, including VAT but excluding shipping charges.
Postage and handling fees are automatically calculated by the number of articles, the destination and the choice between normal and express delivery.
Prices shown in foreign currencies (USD and Yen) are given solely as a guideline. All payments over the website shall be made in Euros.
Customs duties or other local taxes or import duties may be payable on products shipped outside the European Union or to the French Overseas Départements or Territories.
OKOON is not liable for these charges. They are payable by the Customer and the Customer is exclusively responsible for any declarations and payments to the competent authorities in their country.
The products shall remain the property of OKOON until the full price has been paid.
These general terms and conditions of sale constitute the only agreement between the parties and shall prevail over any other document.
By validating the ordering process, the Customer accepts these general terms and conditions of sale fully and unconditionally and validates the purchase order.
Such acceptance may only be challenged in the limited cases provided for in this contract in the articles entitled ‘Product availability’ and ‘Exchange and refund’.
Save where other evidence is provided, the data recorded by OKOON shall constitute evidence of all transactions between OKOON and its customers.
OKOON will automatically confirm Customer orders by e-mail.
OKOON shall endeavour to process all orders.
Items will be delivered subject to availability. OKOON undertakes to inform the buyer as soon as possible should any product be unavailable. The buyer will then be able to select another item or cancel the order and obtain a refund.
If the customer’s account has been debited before being informed that the item is unavailable, OKOON shall send an e-mail stating that a refund procedure is under way. Following this e-mail, the speed at which the bank account is credited shall depend on the type of bank card held by the customer: for cards permitting immediate debit, the current account shall be credited within 3 to 8 days, depending on the bank; for deferred debit cards, the credit will appear in the same conditions as those of normal debits on the card account and not on the current account. Customers are urged to contact their bank if the refund takes any longer.
In the event of partial delivery of products, only the amount actually delivered shall be debited to the bank card. Where payment is made by cheque, OKOON will refund any overpayment by cheque.
All payment transactions are carried out direct with Scellius Net, Banque Postale’s secure online bank card payment solution. Scellius Net guarantees the confidentiality and security of the transmission of information and bank card data input by the Customer using SSL 128 bit technology, that is to say, their bank details travel over the Internet in encrypted (and therefore secure) form between their computer and the Banque Postale remote payment server, and never reach our site. The payment pages may be viewed in five languages: French, English, German, Spanish and Italian. Once the payment has been validated, the Customer’s order is recorded on our site. The Customer may pay for their order online using their bank card (Carte Bleue, Visa, Eurocard/Mastercard).
The Customer confirms that s/he is fully authorized to use the bank card and that this bank card allows access to sufficient funds to cover any costs arising out of the use of OKOON services. Only persons legally capable of entering into contracts relating to the goods and services offered on the site may place orders via okoonbymolenac.com.
OKOON reserves the right to demand payment by bank transfer for orders of €300 or more.
OKOON accepts payment by cheque only from customers in mainland France. Cheques must be made out in Euros, payable to OKOON. The order number shown on the Customer’s invoice must be written on the back of the cheque. Cheques must be sent to the following address: OKOON, 21 rue Saulnier, 75009 Paris, France. Orders will be dispatched on receipt of the cheque.
We insure our products up to delivery. Packages will be delivered against signature. In order to facilitate delivery, Customers must provide an address to which the order may be delivered during business hours.
Delivery will only be made subject to the agreement of the Customer (in the purchase order), the Banque Postale payment centre (payment agreement) and OKOON, which reserves the right to refuse any order from a customer with whom there is an ongoing dispute in relation to payment for an earlier or current order.
OKOON does not deliver to post office boxes.
OKOON may not be held liable for the direct or indirect consequences of cancellation of any order or any delay in delivery for any reason whatsoever and in particular, in the case of any disturbance in or any strike involving the postal or transport services and in general, events outside our control. OKOON may not be held liable for any additional delays caused by failure to issue bank authorization.
Delivery periods are shown solely as a guideline and deliveries made outside those periods shall not give rise to any damages, refusal of the goods or cancellation of the order.
Indicative delivery periods are as follows and are under the responsibility of the following service providers and therefore susceptible to change :
2 business days for mainland France ;
3 to 7 days for European countries and French Overseas Départements and Territories ;
4 to 8 days for all other destinations.
1 business day for mainland France and European countries ;
4 to 7 days for French Overseas Départements and Territories ;
2 to 4 days for all other destinations.
These times are provided solely as a guideline and are subject to change, particularly during periods of high demand. OKOON stresses however that it will endeavour to make deliveries within these times and meet its customers’ needs.
If the Customer is unhappy with a product, they have five days from the date of receipt of the package to return it to the following address: OKOON, 21 rue Saulnier, 75019, Paris, France.
The product must not have been worn. It must still bear its original labels and be returned in perfect condition, by registered post at the postal rate in force corresponding to the value of the returned package and accompanied by the original invoice.
It is important for the Customer to return the item to us by registered post as we cannot be held liable for non-receipt of the returned product.
In accordance with Article 8.1, the Customer may exchange the product, ask for a refund or be issued with a credit note valid for one year.
Customers must indicate their choice and the reasons for returning the item by completing the form on the back of the invoice.
We will not charge shipping in the event of exchange due to faulty goods. In all other cases, shipping charges will be invoiced.
All refunds will be made within 15 days of return of the item. If payment has been made by bank card, the Customer should remind OKOON of their bank card number. Their account will be credited with the price of the product, less shipping charges. If payment was made by cheque, the same amount will be refunded by cheque.
For countries outside the European Union, please inform the customs authorities that the items is being ‘returned due to non-conformity’.
Personal data is deemed to be any personal information, including identifier, password, first and last names, date of birth, e-mail and postal addresses, town, state, region, country that may be provided to OKOON by customers within the context of their order.
OKOON is responsible for collecting and processing personal data from the okoonbymolenac.com website.
OKOON shall take steps to ensure the security of files set up using personal data collected on the site. OKOON would like to remind Customers, however, that it has no control over the risks involved in Internet use and would draw their attention to the fact that there may be a risk as regards the confidentiality of data passing over the network.
OKOON is the sole recipient of the personal data collected on okoonbymolenac.com. OKOON undertakes not to disclose to third parties any information provided by customers on the website. Such data is confidential. It will only be used internally for processing Customer orders and to strengthen and customize communication, in particular by newsletter and e-mail alert.
This article shall not prevent the assignment or transfer of the business to a third party.
Pursuant to the law of 6 January 1978 on data processing, data files and individual liberties, Customers have the right to access, correct, complete, update, block, object to or delete any personal data concerning them. Customers may exercise this right by writing to OKOON, at 21 rue Saulnier, 75009 Paris, France, indicating their e-mail addresses, first and last names.
Pursuant to the law concerning the protection of individuals as regards personal data processing of 6 August 2004, the okoonbymolenac.com website has been registered with the Commission Nationale de l’Informatique et des Libertés under No 1218403.
OKOON may place a cookie, a digital identifier, on Customers’ hard disks for them to be recognised the next time they visit the site.
The information provided by the cookie will be kept for no longer than one year.
Customers may stop cookies being placed on their hard disk by configuring their Internet browser to reject cookies. We recommend referring to the Internet browser software instructions (Help section on the browser toolbar) or seek assistance from the software publisher.
The website is the property of OKOON, which is the holder of the related intellectual property rights. No part of the site or its content may be copied or downloaded, with the exception of the press kit.
Hyperlinks to the okoonbymolenac.com site are strictly forbidden, without the prior express written consent of OKOON, which consent may be revoked at any time. OKOON has no control over any site having a hyperlink to the okoonbymonelac.com site or any of the elements of which it is composed and declines any liability, in particular editorial, as regards access to and the content of such sites.
All texts, commentaries, works, illustrations and images reproduced on the OKOON SARL website are reserved by way of copyright and intellectual property worldwide. In this regard, and pursuant to the provisions of the French Intellectual Property Code, the only authorized use is private utilisation subject to various or even more restrictive provisions of the intellectual property code. Any other use constitutes an infringement and may be penalised under Intellectual Property law.
OKOON is bound only by a best endeavours obligation at all stages of access to the site, from the ordering process to delivery or after sales services.
OKOON may not be held liable for any nuisance or damage arising out of the use of the Internet, in particular any interruption in the service, any intrusion from outside or the presence of computer viruses, or any event qualifying as force majeure.
Photographs illustrating the products are not binding. OKOON SARL cannot be held liable for any errors, in particular, typographical errors or any ‘screen/reality’ colour differential.
OKOON reserves the right to change these general terms and conditions of sale. Any such changes shall be published online and shall be deemed to have been accepted unconditionally by any Customer accessing the site after they have been posted.
Neither party shall be liable for total or partial failure to perform its obligations under this contract where such failure to perform is caused by an event of force majeure.
The party claiming an event of force majeure must advise the other party within 5 (five) business days following the occurrence or threatened occurrence of such an event.
The parties agree that they shall act in concert and as quickly as possible to establish the arrangements for processing the order during the period of force majeure.
After a period of one month’s interruption for force majeure, OKOON may decide not to honour the order, in which case the Customer shall be reimbursed.
If one or more clauses of these general terms and conditions of sale are held to be invalid or declared invalid pursuant to a law, a regulation or a final decision of a court having jurisdiction, the other clauses shall retain their full force and scope and the invalid clause will be replaced by the closest valid clause with the aim of obtaining the result desired by the parties.
Failure by either party to claim for any default by the other party as regards any of its obligations set forth in these general terms and conditions may not be interpreted in future as a waiver of the obligation in question.
These general terms and conditions of sale are governed by French law, both as regards form and substance. Only the French version of these general terms and conditions of sale may be relied upon against OKOON.
Unless an amicable solution can be found between the parties within 1 (one) month, jurisdiction shall be attributed to the courts of the judicial district of the Paris Court of Appeal.