General Terms and Conditions of Sale

General Terms and Conditions of Sale

1. Preamble

These General Terms and Conditions of Sale govern the contractual relationship between Claire Offenstadt / O.BY.CLAIRE / whose registered office is located at 41 Boulevard du Roi, 78000 Versailles / Registration number: 941 593 113 00017 / Email: obyccreations@gmail.com, and any natural or legal person wishing to make a purchase on the website https://www.o-byclaire.com, hereinafter referred to as “the Buyer.”

2. Products

The products offered are as follows: handcrafted ceramic products or hand-painted bisque items. Ceramic is a very fragile material; wash with a neutral soap and a non-abrasive sponge. Do not place in the dishwasher or microwave. Each piece is unique and may display slight variations in shape, color, or dimensions, reflecting the artisanal work involved.
The main characteristics of the products, in particular the specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://www.o-byclaire.com, which the Customer is required to read before placing an order. The choice and purchase of a product are the sole responsibility of the Customer.
The product offers are in stock and available, or made to order following a discussion with the seller, Claire Offenstadt. These General Terms and Conditions of Sale are accessible at any time on the website https://www.o-byclaire.com and shall prevail over any other document. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows: O.BY.CLAIRE / Claire Offenstadt / 41 Boulevard du Roi, 78000 Versailles / Registration number: 941 593 113 00017 / Email: obyccreations@gmail.com

The products presented on the website https://www.o-byclaire.com are offered for sale within French territory. In the case of an order to another country, the Customer must first request a quotation from the Seller, who will calculate the shipping costs based on the weight of the package and the destination. Shipping rates will be those of Colissimo. Customs duties or other local taxes, import duties, or state taxes may be payable. These will be borne solely by the Customer and are the Customer’s full responsibility.

3. Order

It is the Customer’s responsibility to select on the website https://www.o-byclaire.com the Products they wish to order, according to the following process: select the Product, add other Products if desired, provide the necessary information, choose the delivery method, select payment by bank card, and then confirm the order. Product offers are valid as long as they are visible on the website. Any order implies full and unconditional acceptance of these General Terms and Conditions of Sale. The order is confirmed after receipt of full payment. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the website https://www.o-byclaire.com constitutes the formation of a distance sales contract between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is an ongoing dispute relating to payment of a previous order.

4. Pricing

The products are supplied at the prices in effect as shown on the website https://www.o-byclaire.com at the time the order is recorded by the Seller. Prices are indicated in Euros, excluding delivery charges. The prices take into account any discounts granted by the Seller on the website https://www.o-byclaire.com. These prices are firm and non-revisable during their period of validity; however, the Seller reserves the right to modify the prices at any time but undertakes to apply the prices in effect at the time of the order.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total purchase amount, including these charges. An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered products.

5. Payment Conditions

Payment is made online via bank card through a secure platform. The Buyer’s banking information is not stored by O.BY.CLAIRE. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider handling banking transactions carried out on the website https://www.o-byclaire.com. Payments made by the Customer will only be considered final once the Seller has actually received the amounts due. The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

6. Shipping

• Delivery areas: Products ordered by the Customer will be delivered in France via Colissimo, to the recipient’s home address, against signature upon receipt of the package. The package is also sent with insurance. The Seller’s products may also be shipped worldwide upon the Customer’s request for a quotation. The only shipping service provider used by the website https://www.o-byclaire.com is LA POSTE’s Colissimo service.
  When you purchase multiple items, they are combined in the same box; however, in some cases, orders may need to be shipped in multiple parcels for transport safety reasons. I also offer a free pick-up service in Paris (8th arrondissement), Versailles, and Saint-Germain-en-Laye.
• Delivery times: Products are shipped within 5 business days to the address provided by the Customer when placing the order on the website. Delivery is deemed to occur upon the transfer to the Customer of the physical possession or control of the product. Delivery times vary depending on the destination. O.BY.CLAIRE cannot be held responsible for delays attributable to the shipping services.
• Shipping fees: Shipping costs are calculated based on the weight, dimensions of the package, and the destination. Insurance is also included, and the package is delivered to the Buyer against signature. Prices are indicated at the time of order confirmation for deliveries within France. For delivery outside France, you must send me an email indicating your address and country so that I can calculate the shipping costs.

7. Transfer of Risk

Products on the website https://www.o-byclaire.com are shipped exclusively via Colissimo Home Delivery with signature and insurance.
Transport-related risks are covered by shipping insurance, which includes coverage for loss or damage and is included in the delivery charges.

8. Receipt of Products and Breakage upon Delivery

• Inspection upon receipt: The Buyer is required to check the condition of the packaging and the products upon delivery.
• In case of breakage or damage:
  If the product is broken upon receipt, take photos of the package and the damaged products and send them to O.BY.CLAIRE within 48 hours to the following address: obyccreations@gmail.com, providing evidence (photos, copy of the delivery slip with written reservations).
• Procedure: Upon receipt of the required documentation, O.BY.CLAIRE undertakes to offer either a replacement of the product (subject to availability) or a full refund, including delivery costs.

9. Right of Withdrawal

In accordance with current legislation, the Buyer has a period of fourteen (14) days from the date of receipt of the product to exercise their right of withdrawal without having to provide any justification or pay any penalties, with the exception of return shipping costs, which remain the Buyer’s responsibility.

10. Return Conditions

The product must be returned in its original condition and packaging, intact, accompanied by any accessories, the invoice, and the certificate of authenticity. Damaged or incomplete products will not be accepted. Return shipping costs are the responsibility of the Customer. The exchange or refund will be processed within 14 days from receipt by the Seller.

• Return procedure: The Buyer must inform O.BY.CLAIRE of their decision in writing, by email at obyccreations@gmail.com or by postal mail, before proceeding with the return.

11. Warranties

• Legal Warranty of Conformity: In the event of a non-compliant product or one with a hidden defect, the Buyer benefits from the legal warranties provided by law.

• Exclusions: The warranties do not cover damage resulting from improper use or use contrary to the instructions.

12. Responsibility

O.BY.CLAIRE cannot be held liable for any indirect damages that may arise from the purchase of the products. In any case, O.BY.CLAIRE’s liability is limited to the amount of the order.

13. Intellectual Property

All elements of the website https://www.o-byclaire.com, whether visual or audio, including the underlying technology, are protected by copyright, trademark, or patent law. They are the exclusive property of O.BY.CLAIRE.

14. Personal Data

The information collected is necessary for order management and business relations. It is processed in accordance with our privacy policy available on the website. The Buyer has the right to access, modify, and delete their personal data.

15. Governing Law and Disputes

These General Terms and Conditions of Sale are governed by the laws of France. In the event of a dispute, an amicable solution will be sought before any legal action. Failing that, the courts within the jurisdiction of O.BY.CLAIRE’s registered office shall have competence.

16. Customer Service

For any questions or complaints, the Buyer may contact customer service:

• Email : obyccreations@gmail.com

• Phone number: + 33643301442

• Address: 41 boulevard du Roi 78000 Versailles