TERMS AND CONDITIONS OF SALE
The site is published by the seller, Mrs. Jessica Marlène NGUEMA METOULE, a self-employed entrepreneur under the trade name OTINGUEMA, whose registered office is located at the following address: Rua Afonso Lopes Vieira, 31, 1 esq. 1700-011 Lisbonne (Portugal), and registered at the Direçao de Finanças de Lisboa under the NIF 295041390 of Comercio Artesanato.
The seller is not subject to VAT under Article 53 of the Portuguese CIVA.
The following provisions are intended to define the global terms and conditions of sale on the website www.otinguema.com.
These general conditions of sale (hereinafter "Terms") define the contractual rights and obligations of the seller and his client in the context of a distance selling and electronic sale of goods and products.
The Terms and Conditions govern exclusively the relationship between the seller and the customer.
The Terms express the entirety of the obligations of the parties. The placing of an order implies customer’s full acceptance of these Terms otherwise his order will not be validated.
In case of doubt about one of the conditions of sale, the uses in force in the distance selling sector by companies whose head office is in Portugal and the laws on consumption apply.
The seller reserves the right to change the terms and conditions. The changes will be applicable as soon as they are posted.
We will designate thereafter:
• "Site": the https: // www.OTINGUEMA.com site and all of its pages.
• "Products": all the products that it is possible to buy or to which it is possible to subscribe on the Site.
• "Seller": Jessica Marlène Nguema Metoule, a natural person, offering her Products on the Site.
• "Customer": the user, individual, making a purchase of Product (s) on the Site.
• "Consumer": "any natural person who acts for purposes that are not part of his commercial, industrial, artisanal or liberal activity".
The user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these General Terms and Conditions of Sale, print them and / or save them on a durable medium, before placing an order on the Website.
The Customer acknowledges having read the Terms and Conditions and accepts them in full and without reservation.
ARTICLE 1 - CATALOG OR ONLINE SHOP
The site www.otinguema.com is about: Online sales of fashion accessories, small leather goods and women's clothing
Through the site, the seller provides the customer with a catalog or an online store presenting exactly the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in case of errors or omissions in the presentation, the responsibility of the seller cannot be engaged thereby.
Products are offered within the limits of available stocks.
The prices and taxes related to the sale of the products are specified in the catalog or the online shop.
ARTICLE 2 - PRICES
The seller reserves the right to change prices at any time by posting them online.
Only the current rates indicated at the time of the order will apply, subject to the availability of the products on this date.
Prices are quoted in euros (excluding taxes and all taxes included) and do not include delivery charges, which are charged extra. The delivery costs are indicated before validation of the order by the customer.
The prices take account of the taxes applicable on the day of the order and any change of the rate of these taxes will be automatically passed on the price of the products of the catalog or the on-line shop. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.
The total amount of the order (all taxes included) and shipping costs included, is indicated before final validation of the purchase order.
Payment of the full price must be made when ordering.
ARTICLE 3 - ONLINE ORDER
The customer has the opportunity to fill out an order form online, by means of an electronic form. By filling out the electronic form, the customer accepts the price and the description of the products.
The customer will have to accept by clicking in the indicated place, the present general conditions of sale, so that his order is validated.
The customer must give a valid e-mail address and delivery address and recognizes by these general conditions of sale that any exchange with the seller may occur through this address.
The customer will also have to choose the method of delivery and validate the method of payment.
The seller reserves the right to block the order of the customer in case of default of payment, wrong address or any other problem on the customer's account and until resolution of the problem.
ARTICLE 4 - CONFIRMATION AND PAYMENT OF THE ORDER
It is an order with obligation of payment, which means that the placing of the order involves a payment of the client.
To place an order on the Otinguema website, the customer must add the products to his shopping cart, select his country of delivery to define the amount of the delivery costs, validate his order by accepting the Terms of sale and make the payment using one of the methods available to him. The client will receive a confirmation of registration and a confirmation of shipment of his order.
Otinguema reserves the right to refuse and cancel orders that it deems unfair, abnormal, made in bad faith, that contain incorrect or insufficient information or for any other legitimate reason.
The customer makes the payment at the time of the final validation of the using the payment methods available: either by specifying his credit card number, or via Paypal.
The customer guarantees to the seller that he has the necessary authorizations to use these methods of payment and recognizes that the information given for this purpose is worth proof of its consent to the sale and the payment of the sums due under the order.
In case of dispute or fraudulent use of the credit card without physical use of the credit card (use of the credit card number), any person may contest within 70 days from the date of the transaction by submitting a claim by e-mail to: email@example.com, so the seller bears the cost of the sale and returns the disputed sum.
Any dispute not made in the rules defined above and within the time limits cannot be taken into account and clear.
The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including asking the customer for personal data identification.
In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller reserves also the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase and payment by the customer, the seller sends to the latter, on the email address that he has specified, confirmation of receipt of the purchase order and a copy of the contract to print.
The seller is required to send an invoice to the customer upon delivery. The customer may request the sending of the invoice to another address than the delivery by sending a request to this effect to the customer service (see contact details below) before delivery.
In case of unavailability of a product, the seller will keep the customer informed by email as soon as possible to cancel the order of this product and refund the price, the rest of the order remains firm and definitive.
For any question relating to the tracking of an order, the customer may contact the customer service by e-mail to firstname.lastname@example.org.
ARTICLE 5 - ELECTRONIC SIGNATUREE
The online supply of the credit card number of the buyer and the final validation of the order are worth proof of the agreement of the customer, of the payability of the sums due under the order form, signature and express acceptance of all transactions carried out.
ARTICLE 6 - PROOF OF TRANSACTION
Communications, orders and payments between the customer and the seller can be proven through the computerized registers, stored in computer systems the seller in reasonable safety conditions. Purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.
ARTICLE 7 - PAYMENT METHODS
All methods of payment made available to the customer are listed on the seller's website. The customer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing an order.
ARTICLE 8 - DELIVERY
Delivery is made only after confirmation of payment by the bank of the seller. The products are delivered to the address indicated by the customer on the online form worth order form, the customer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the customer's expense.
Except in case of force majeure, delivery occurs, according to the mode chosen by the customer, within the following deadlines:
In Europe: between 2 and 6 days
Rest of the world: between 2 and 10 days
1. DELAY IN DELIVERY AND CANCELLATION
In case of late delivery, the seller will inform the customer, who may terminate the contract and ask to be refunded within 14 days from the cancellation.
The total refund of the product and delivery charges, or re-shipment if any, is then made.
This cancellation of the contract must be sent by e-mail to email@example.com
Any cancellation not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any liability vis-à-vis the customer.
2. CHECKING OF ORDER
If at the time of delivery, the original packaging is damaged, torn open, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered as made when the customer, or a person authorized by him, signed the delivery note.
The customer will, if necessary, inform the seller of its reserves as follows: by e-mail to firstname.lastname@example.org
Any reservation not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any responsibility vis-à-vis the customer.
Upon receipt of the claim, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by email to the customer.
3. DELIVERY ERROR
In case of error of delivery and / or non-conformity of the products with respect to the indications appearing on the purchase order, the customer formulates his claim with the salesman the day of the delivery or at the latest the first working day following the delivery.
The claim can be made by e-mail: email@example.com
Any claim not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any liability vis-à-vis the customer.
4. BACK OF ORDER
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, as follows:
Product returned within 7 to 10 days maximum from the date of delivery to the following address: Rua Afonso Lopes Vieira, 31, 1 esq. 1700-011 Lisbon (Portugal)
Any claim or return not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any liability vis-à-vis the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The return costs are the responsibility of the customer.
ARTICLE 9 - WARRANTIES OF THE PRODUCTS
The seller warrantees the products compliance to the contract. The customer can make a request under the legal warranty of compliance or under the warranty of defects.
1. WARRANTY OF COMPLIANCE
The customer has a period of 2 years from the delivery of the product to implement the legal warranty of compliance.
As such, he can choose between repair or replacement of the product.
The customer is not required to prove the existence of a lack of conformity, within 24 months except for second-hand goods following the date of issue of the product.
2. WARRANTY OF DEFECTS
The customer, if he implements the warranty of defects can choose between the resolution of the sale or a reduction of the price.
ARTICLE 10 - UNAVAILABILITY OF PRODUCTS AND REFUND
In case of unavailability of a product ordered, the customer will be informed by e-mail. The customer will have the possibility cancel the order and will thus have the choice between the repayment of sums paid by him within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 11 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM
In accordance the Consumer can assert his right of withdrawal and return of the product within fourteen (14) working days from the date of receipt of the Product of his order, to retract.
He will be required to return any product that does not suit him and request the exchange or refund without penalty, except for the cost of return, within fourteen days from the receipt by OTINGUEMA of the refund request.
The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The return or exchange of the product can only be accepted for the products as a whole, intact and in their original state, in particular with a complete packaging, intact and in sales condition.
The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to send to OTINGUEMA.
After communicating its decision to withdraw, the customer then has 14 days to return or return the goods.
Any withdrawal or return not made in the rules set out above and within the time limits cannot be taken into account and release the seller from any liability to the client. The client may request the exchange or refund of the returned product, without penalty, to the except for the costs of return that remain at his expense.
Nevertheless, in case of exchange, delivery costs may be billed again to the customer.
The seller will have to refund the customer the total amount paid, including delivery charges, within 14 days of the recovery of goods or of the transmission of proof of the shipment of these goods.
The customer can always assert his right of retraction within 14 days from the moment the information concerning the unavailability of the product has been addressed to him previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense. It is recommended to the Customer to make the return by a solution allowing a tracking of the parcel.
Otherwise, if the returned package does not arrive at the Seller, it will not be possible to initiate an inquiry with the postal services to ask them to locate the latter.
The refund will be made using the same means of payment as the one chosen by the Client for the initial transaction, unless the Customer expressly agrees that the Seller uses another method of payment, and to the extent that the reimbursement does not incur any costs for the Customer.
The Seller also reserves the right to postpone the refund until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not occurred previously.
In case of depreciation of the Products resulting manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the Customer's liability may be incurred.
The client will exercise his right of withdrawal by contacting the customer service by e-mail: firstname.lastname@example.org.
The Customer Consumer can find below a standard withdrawal form for an order placed on the site:
Retraction form (Please complete and return this form only if you wish to withdraw from the contract.)
To: OTINGUEMA, Rua Afonso Lopes Vieira, 31, 1 esq. 1700-011 Lisboa (Portugal)
I / us (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the good below:
Ordered on (*) / received on (*):
Name of Customer (s): Address of Customer (s):
Signature of Customer (s) (only in case of Notification of this form on paper):
(*) Delete as appropriate.
ARTICLE 12 - EXCEPTIONS TO THE RIGHT OF RETRACTATION
Some products, because of their intrinsic quality, cannot be subject to the right of withdrawal and cannot be reimbursed, including but not limited to the products below:
• any custom-made product
• any product that cannot be re-shipped by nature
• any perishable product
• any video product
• any press product ...
The Site offers the sale of Pre-Order Products for which retraction’s right cannot apply.
The Customer acknowledges having read this list, notified prior to the sale in these Terms.
ARTICLE 13 - CUSTOMER SERVICE
Customer Service of this Website is accessible by email at the following address: email@example.com or by postmail to the address indicated in the header of these Terms.
ARTICLE 14 - INTELLECTUAL PROPERTY
All the elements of this Site belong to the Seller. Any reproduction, representation, adaptation of the logos, textual, pictographic or video contents, without this enumeration being exhaustive, is rigorously forbidden and is related to the counterfeiting.
The brands and logos contained in the Site may be deposited by OTINGUEMA, or possibly by one of its partners. Any person proceeding to their representations, reproductions, interlocations, diffusions and reruns incurs legal proceedings.
ARTICLE 15 - FORCE MAJEUR
The parties will be exonerated from their obligations, in case a circumstance constituting a case of force majeure would prevent their execution.
The obligations of the parties will be suspended.
The party invoking such a circumstance must notify the other party immediately, its occurrence and its disappearance.
Are considered as force majeure all facts or circumstances irresistible and unpredictable, inevitable and which cannot be prevented by the latter, despite all the efforts reasonably possible, defined as such by French jurisprudence and in particular, the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stop of the telecommunication networks.
If the case of force majeure has duration greater than three months, the present global terms and conditions can be terminated by the party harmed.
ARTICLE 16 - PARTIAL INVALIDITY
If one or more stipulations of the present global terms and conditions of sale came to be declared void by operation of law, regulation or final decision of a court, the other stipulations will retain all their force and their range.
ARTICLE 17 - ALTERNATIVE RESOLUTION OF DISPUTES
In case of dispute or claim, the Customer will first contact the Seller to obtain an amicable solution or use an alternative mode of dispute resolution.
In this regard, for any transaction made via the website www.otinguema.com, we inform you - in accordance with EU Regulation No. 524/2013 - that you have the possibility to resolve any dispute in an extrajudicial way by accessing the platform online dispute resolution system at http://ec.europa.eu/consumers/odr/.
You can consult the updated list of ADR entities available under Article 17 of Law No. 144/2015 of 8 September, on the Consumer Portal, via the website www.consumidor.pt.
ARTICLE18 - APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in Portugal in a stable and sustainable manner to effectively carry out his activity, whatever the location of his registered office.
Also, these Terms are subject to the application of Portuguese law.
This provision does not preclude the application of other rights granted to the consumer by the laws in force.
In case of dispute or claim, the customer will first contact the seller to obtain an amicable solution.
Failing an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings in the court of the place of the seat social seller.
The present Terms are written in French and in English. If the two versions differ, only the French version shall prevail.