Terms and conditions of sale

ARTICLE 1 - PURPOSE AND SCOPE

ORAK specializes in the maintenance and renovation of carpets for professionals. These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply to all sales made by ORAK for new or second-hand (reused and reconditioned) carpet tiles and any other product (hereinafter referred to as "Product") and related services offered on the website https://orak.pro (hereinafter "Site") to business customers (hereinafter "Customer"). Acceptance of the General Terms and Conditions on this platform is evidenced by a box to be ticked when placing an order. The contract concluded with ORAK consists solely of the GTCS and the special conditions mentioned in the order summary or the quotation drawn up by ORAK (hereinafter referred to as "the Contract"). Any condition to the contrary on the part of the Customer shall therefore, in the absence of express acceptance, be unenforceable against ORAK, regardless of the time at which it may have been brought to its attention.

ARTICLE 2 - SELLER'S IDENTITY - CUSTOMER SERVICE

To place an order on the Site, the Customer must first create a Personal Account (hereinafter "Personal Account").

3.1 - Creation procedure: To create a personal Account, the Customer must visit the Site and complete the mandatory fields in the registration form. Each Customer may create only one profile for his/her personal account.

3.2. - Management of identifiers : The login and password for access to the Personal Account are chosen by the Customer, taking into account the availability of identifiers already created by other Customers. These identifiers are strictly personal and must be kept secret by the Customer. In the event of loss or theft of login details, or of any unauthorized use of the Customer's Personal Account, the Customer is responsible for contacting ORAK so that new login details can be issued.

3.3 - Activation of the Personal Account: By validating the creation of his Personal Account, the Customer :

• Acknowledges having been able to verify and modify, if necessary, the information contained therein;
• Guarantees to have provided accurate, up-to-date and complete information concerning its identity and contact details.

3.4 - Updating the Personal Account: The Customer undertakes to regularly update all personal information in his Personal Account in order to maintain its accuracy.

ARTICLE 4 - PRODUCT INFORMATION

4.1 - Description of Products
The essential characteristics of the Products are presented to the Customer on the Site. However, the Customer may ask questions about the characteristics of a Product by sending a request by e-mail to the following address: contact@orak.fr or directly via the website form.

ORAK makes every effort to ensure that the graphic representation of the Products on the Site is as faithful as possible to the Products. However, color rendition may differ depending on the screen. Indeed, given the digital presentation of the Products on the Internet, it is possible that the Customer's perception of the photographic representation of the Products does not correspond exactly to the Product itself, which the Customer acknowledges and recognizes. ORAK cannot be held responsible for any difference in the Customer's perception of shapes and colors between the photographs or graphics presented and the Products.

On the other hand, in the event of a second order for an identical Product (same color), ORAK draws the Customer's attention to the fact that the color rendering may be very slightly different. As such, the Customer will not be entitled to request cancellation of the sale and reimbursement in the event of bath differences. Unless explicitly requested in writing prior to placing an order, the Customer will not be entitled to request cancellation of the sale and reimbursement in the event of bath differences.

In case of doubt, it is strongly recommended that the customer order samples. Samples and shipping will then be at the customer's expense.

In all cases, it is the Customer's responsibility to ensure that the Product ordered corresponds to his/her needs. Any order validated under the conditions below is final.

Samples :
The customer may order samples of carpet planks/tiles.

We ship by UPS or Colissimo.

Samples are subject to a charge for re-use slabs (€5/slab), with shipping and packaging costs payable by the customer: €15.95 for 1 to 4 samples, then €21.95 for 5 to 8 samples.

In the event of an order following the dispatch of samples, the cost of sample delivery will be credited to the customer in the form of a discount code issued on receipt of the samples. Sample discount codes cannot be accumulated.

Samples cannot be returned, exchanged or refunded.

4.2 - Product availability 

Product offers are valid as long as they are announced on the Site and within the limits of available stocks.

For re-use slabs, the Product is available in limited quantities. It is therefore the customer's responsibility to order the appropriate quantity. The Product may be recommended as a new tile if it is still available from the manufacturer.

If a Product is unavailable, ORAK will inform the Customer and may either cancel the order or propose a later delivery date. The Customer will, where applicable, be reimbursed for the sums paid in respect of the cancelled order no later than thirty days from the date of cancellation of the order.

ARTICLE 5 - SERVICE INFORMATION

The services offered by ORAK are described on the Site.

Any service not included in the purchase of the Products must be the subject of a personalized quotation specifying the description, the intervention period, the price and the terms of payment. Services may be subject to specific terms and conditions attached to the quotation.

The number of m² communicated by the Customer will be checked by ORAK and adjusted if necessary at the end of the service if the difference is greater than 5%. If the difference is less than 5%, a credit note will be issued. This adjustment does not take into account the fall rate required for installation, which varies according to the type of product and the degree of partitioning of the space to be carpeted.

The Customer will be contacted by ORAK to confirm the date and time of the intervention. These details will be agreed with the Customer. The Customer must authorize access to the ORAK teams. In the event of absence, the Customer will be billed for the postponement of the service at ORAK's current rate.

ARTICLE 6 - PRICES

6.1 - Prices: Prices are indicated on the Site when the order is placed. In all cases, prices are expressed in euros, exclusive of tax, delivery charges and any storage charges where delivery is deferred. The total amount due by the Customer, including delivery, storage and all other costs associated with the order, is indicated on the order confirmation page. Any change in the rate of VAT or ecotax will be applicable at the time the order is invoiced by ORAK.

6.2 - Delivery charges: Delivery charges are calculated according to the weight and dimensions of the parcel, the place of delivery and the carrier. The delivery charges applied are indicated at the time of the order and before the final registration of the order. Delivery charges are indicated in the "delivery charges" section. ORAK reserves the right to choose the carrier and guarantees the correct delivery of the goods. The Customer undertakes to provide all the information required for delivery. In the event of a change to the delivery address, once the goods have been dispatched, ORAK reserves the right to invoice the customer for the costs incurred.

6.3 - Return of pallet boxes : The pallet boxes delivered with the Products will be collected by ORAK according to the terms agreed with ORAK. If the Customer is late in returning the pallet boxes or if they are incomplete or damaged, additional charges and/or penalties may be invoiced to the Customer in accordance with ORAK's current price list.

6.4 - Price quotation: any service for which the price is not mentioned on the Site may be the subject of a personalized price quotation at the Customer's request.

ARTICLE 7 - ORDERING

By validating the order, the Customer expressly declares that he accepts the GCS without restriction or reservation.

Before validating the order, the customer can check the details of the proposed order and correct any errors.

Once the order has been validated, the Customer cannot cancel it.

After validation of the order by the Customer, ORAK confirms it by e-mail. In the event of unavailability of a Product, ORAK will inform the Customer and may either cancel the order or offer a later delivery date or an equivalent product. Furthermore, ORAK reserves the right to refuse or cancel any order or delivery in the event of :

• Existing disputes with the customer,
• Total or partial non-payment of a previous order by the Customer,
• Refusal by banking organizations to authorize payment by credit card,
• Non-payment or partial payment.

ARTICLE 8 - TERMS OF PAYMENT

8.1 - Payment date : 

For orders up to €10,000 excluding VAT: The full price is due at the time the order is placed, and the order will only be validated once these GTC have been accepted and the price has been paid.

For orders over €10,000 excluding VAT or with a delivery date of D+30: the customer will be contacted within 24h-48h by a sales representative in the area concerned before validating the order. Terms of payment are as follows:

• 30% of the total amount of the order, including VAT, upon validation of the order and the General Terms and Conditions by the Customer.
• The balance will be due either on the date of shipment of the Products, or 30 days after receipt, depending on the Customer's outstanding balance.

8.2 - Method of payment : 

Customers pay for their purchases as follows:

Payment by credit card, :

Only the following credit cards are accepted: Visa, Maestro, American Express. The customer must enter the card number, expiry date, cardholder's name and the visual cryptogram directly in the appropriate field. The amount of the order is debited upon confirmation of the order by ORAK.

The transmission of your personal information and your bank details is fully secured by the STRIPE system, which uses a security system for the transmission of your payment details to ensure a high level of security for your transactions.

Or by direct debit (online) :

By choosing direct debit, the Customer will automatically be directed to the STRIPE direct debit page. Once payment has been validated, the Customer can complete the order on the Site.

Or by bank transfer (offline) :

If the Customer chooses to pay by bank transfer, ORAK will send an e-mail to the Customer after the order has been validated in order to transmit the Customer's bank details.

Or by cheque :

Cheques must be issued by a bank domiciled in mainland France.

8.3 - Invoicing: ORAK shall send or make available to the Customer a proforma invoice electronically after each payment. The Customer hereby expressly agrees to receive invoices electronically. The final invoice will be sent at the time of shipment.

8.4 - Late payment: In the event of late payment, ORAK may suspend all outstanding Customer orders, without notice and without compensation to the Customer. Any suspension of payment or set-off without the prior written consent of ORAK shall constitute a default of payment. Any sum not paid on the due date agreed at the time of the order shall entail, ipso jure and without prior notice, the application of the following penalties from the day following the due date:

• Late payment penalties calculated on the basis of three times the legal interest rate will be applied to the outstanding amount including VAT,
• And a flat-rate penalty of €40 for collection costs, without prejudice to any other rights of ORAK, and in particular the right to terminate the Contract in advance to the detriment of the Customer.

In the event of non-payment within 15 days of the formal notice sent to the Customer by ORAK, a sum corresponding to 10% of the amount of the said invoice, inclusive of tax, shall also be due by way of penalty clause. All bank charges, legal fees and fees for the collection of the debt shall also be borne by the debtor.

ARTICLE 9 - PRODUCT DELIVERY

9.1 - Place of delivery : Products can be delivered to Metropolitan France, Corsica or Monaco. When the order is dispatched, a dispatch confirmation e-mail is sent to the Customer. The Products ordered by the Customer will be delivered to the address and in the manner specified when the order was placed. The Customer undertakes to provide all the information required for delivery. If the street is not accessible to trucks weighing more than 7.5 tons or 3.5 tons, the cost of delivery by van or small truck will be billed to the Customer. ORAK draws the Customer's attention to the fact that deliveries are made to the foot of the building. In the event of a special request, the Customer should contact ORAK in order to draw up an additional estimate.

9.2 - Delivery time: The delivery time is mentioned to the Customer as accurately as possible before the order is validated. The delivery time is specified when the order is placed. However, this delivery time may change, particularly in the event of force majeure, unforeseen circumstances, late delivery by an ORAK supplier or difficulties related to customs formalities in the case of imported Products. In such cases, ORAK will inform the Customer as soon as possible of the foreseeable new delivery date, without this giving rise to any right to compensation or penalty in favour of the Customer. In the event of a change of date on the part of the customer, delivery charges will remain unchanged if we remain within the current month. In the event of an additional month, the customer will be invoiced for additional storage costs.

9.3 - Delivery terms : 

• Choice of carrier: ORAK reserves the right to choose the carrier (independent carrier) and guarantees the safe delivery of the goods. In the event that the Customer wishes to entrust the delivery of the Product to a carrier other than the carrier chosen by ORAK, the risk of loss or damage to the good is transferred to the Customer when the good is handed over to the carrier. ORAK shall in no event be held liable for any failure by the carrier chosen by the Customer to meet its obligations relating to the transport of the Product.
• Delivery date: the delivery date and time slot are indicated to the Customer by the carrier. In the event that the Customer is not present on the date and within the time slot indicated by the carrier, ORAK may re-invoice the Customer for the costs incurred with the carrier in bringing the Products to the Customer, as well as the costs of returning them to its warehouses in France.

ARTICLE 10 - ACCEPTANCE

10.1 - Verification of Products on receipt : 

The customer must check that the products conform to the order and that there are no apparent defects (missing or damaged products, opened packages, etc.) as soon as they are received. The words "subject to unpacking", "damaged in intact packaging" or any other remark on the packaging have no legal value and do not allow any recourse against the carrier.

 

Caution! Correct-looking packaging may conceal damage. In the event of damage or breakage, please refuse the parcel.

If you nevertheless decide to accept the parcel, you must make a detailed note of any damage on the delivery note, and keep a copy of it. This will be required for any compensation or exchange.

Don't let the driver intimidate you! 

 

10.2 - Complaints to the carrier: the Customer must also formulate any complaint in a precise manner on the carrier's slip and confirm his reservations to the carrier, by registered letter with acknowledgement of receipt, within 3 working days of receipt, a copy of which will be sent simultaneously to ORAK by post or by email to the following address: contact@orak.fr

10.3 - Complaints to ORAK : 

Conditions: without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or non-conformity of the product delivered with the product ordered, not attributable to transport, must be made to ORAK within 3 working days of receipt of the Products by post or by email to the following address: contact@orak.fr

Proof to be provided: it is the Customer's responsibility to provide all proof of the defects or shortages observed; in this respect, the Customer must enclose the delivery note and one or more photographs of the products delivered with the letter of complaint, to provide ORAK with the information required to process the complaint;

Non-conforming products: if, after inspection, an apparent defect or shortage is found by ORAK and attributable to it, ORAK may choose either to reimburse the Customer for the non-conforming Products, or to replace the non-conforming Products, at ORAK's expense; no Product may be returned by the Customer without ORAK's prior written consent (by post or e-mail). A quality control is carried out during the preparation of each of our orders. The number of stars indicated when the product is purchased indicates the difference in quality between a 5-star and a 3-star product. Recall the detail of stars here

10.4 - Unconditional acceptance: whether or not the Customer has inspected the Products, they are deemed to have been accepted in the absence of any reservations formulated in accordance with the above conditions; unconditional acceptance of the Products ordered by the Customer covers any apparent defect and/or shortage.

ARTICLE 11 - RETENTION OF TITLE

The Products ordered remain the property of ORAK until full payment has been received by ORAK. In the event of a payment incident, the Customer undertakes to return the Products received to ORAK on first request. On the other hand, on the effective date of taking possession of the Products, the risks (in particular of loss, theft or deterioration) concerning the Products delivered are assumed by the Customer.

ARTICLE 12 - FORCE MAJEURE

None of the Parties shall be held liable in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of an event of force majeure as defined in the new article 1218 of the French Civil Code, i.e. "any event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract, and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation". The Parties accept as cases of force majeure, without this list being limitative, the following events, as long as they present the characteristics provided for by article 1218 of the Civil Code : a strike, the blocking of means of transport or supplies, the stoppage of telecommunication networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunication networks external to the Parties, health circumstances (such as : epidemic), fire, natural events (such as earthquakes, storms, floods, lightning), civil or foreign war, riots or civil commotion, terrorist attacks, hacking or computer attacks, any government measures preventing performance of the obligations (hereinafter "Force Majeure".)

The Party affected by the Force Majeure shall notify the other within five (5) working days of becoming aware of it. The Parties will then agree on the conditions under which performance of the Contract will continue.

Failing agreement between the Parties, :

• If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the Contract.
• If the impediment is definitive, the Contract is terminated ipso jure and the Parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.

The Customer acknowledges and accepts that, except with the prior written agreement of ORAK, Force Majeure shall not have the effect of delaying or suspending payments of any kind due to ORAK by the Customer.

ARTICLE 13 - LIABILITY

13.1 - ORAK assumes no responsibility or liability whatsoever for the consequences of failure to comply with the instructions given by ORAK and/or the instructions for installation, fitting, maintenance and/or use of the Products.

13.2 - In general, ORAK is not liable when the poor performance or non-performance of the obligations arising from the Contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the Contract, or to a case of Force Majeure.

13.3 - ORAK shall under no circumstances be held liable for any indirect or unforeseeable damage suffered by the Customer which may arise from or in connection with the performance of this Contract and its consequences. Indirect damage includes, but is not limited to, loss of earnings or profits, loss of opportunity, commercial damage, the cost of obtaining a substitute product, service or technology, the consequences of complaints or claims by third parties against the Customer.

13.4 - In all cases where ORAK's liability is incurred in the performance of the Contract, the Customer must inform ORAK immediately. In any event, except in the case of gross negligence, wilful misconduct or fraud, the total liability of ORAK is limited, for all causes combined, to an amount equal to one hundred percent (100%) of the amount invoiced for the order concerned or for the current contractual period in the case of a contract with successive performances. In any event, the Customer undertakes, both on its own behalf and on behalf of its insurers, to waive any recourse against ORAK beyond the guarantees set out in the insurance certificate issued by its insurance company.

13.5 - In the event of a claim or any other difficulty arising from the performance of the Contract, the Customer undertakes to implement the appropriate measures, having regard to the circumstances, in terms of securing the premises and persons and limiting damage. If this obligation is not respected, ORAK will be exempted from compensating the damages that the Customer could have avoided, even if the liability of the service provider may be at stake.

ARTICLE 14 - TERMINATION

In the event of a breach by one of the Parties of any of its obligations under the Contract, in particular in the event of non-payment on the agreed due date, the other Party may terminate the Contract ipso jure after formal notice, by registered letter with acknowledgement of receipt, to remedy the breach within a maximum period of fifteen (15) calendar days.

In accordance with article 1225 of the French Civil Code, the formal notice shall specify the terms of the present clause. Termination shall be notified by registered letter with acknowledgement of receipt or by extrajudicial act, and shall take effect upon receipt of said notification to the detriment and grievance of the defaulting Party, without prejudice to all other rights and actions.

ARTICLE 15 - PERSONAL DATA

The personal data requested are necessary for processing the order. You acknowledge and accept that the order cannot be processed if this information is incomplete, outdated or inaccurate.

Pursuant to the RGPD and Articles 38 to 40 of Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms, you have the right to access, rectify, limit oppose, delete and port data concerning you. You also have the right to formulate general or particular directives relating to the conservation, deletion and communication of your personal data after your death in accordance with article 40 II of law 78-17 of January 6, 1978.

To this end, you can make changes by accessing your Account if you have created one. You may also send any request accompanied by a copy of your ID to ORAK by post or e-mail at the following address: contact@orak.fr.

ARTICLE 16 - Intellectual property

All elements of the Site, whether visual or audio, including the name, logo, graphics, underlying technology, as well as any media provided by ORAK are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of ORAK or its content providers. Any reproduction, representation or reuse, in whole or in part, on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement of copyright, for which the infringer may be held civilly and criminally liable.

It is forbidden to systematically extract and/or reuse parts of the content of the ORAK Site without its prior written authorization. In particular, it is forbidden to use a data extraction robot, or any other similar data collection or extraction tool to extract (in one or several times), to reuse a substantial part of the ORAK Site without its prior written authorization. You may not create and/or publish your own databases that include substantial portions (e.g., prices and product lists) of the ORAK Site without ORAK's prior written consent.

ARTICLE 17 - ORAK NEWSLETTER

By ticking the box provided for this purpose or by expressly giving their consent to this end, the Customer agrees that ORAK may send them, at a regular and reasonable frequency, a newsletter which may include information relating to ORAK's activity.
By checking the appropriate box, the Customer agrees to receive commercial offers from ORAK for Products, Services and Consumables similar to those presented on the Site.
The Customer may unsubscribe from the newsletter by clicking on the link provided for this purpose in each ORAK newsletter.

ARTICLE 18 - PARTIAL INVALIDITY

If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

ARTICLE 19- EVIDENTIARY AGREEMENT

In addition to the legal provisions recognizing the evidentiary value of electronic writing, the Customer acknowledges the validity and evidentiary value of e-mails, SMS, and digital notifications and recordings made by ORAK.

ARTICLE 20 - APPLICABLE LAW - DISPUTES

THE CONTRACT IS GOVERNED BY AND SUBJECT TO FRENCH LAW.

IF THE CUSTOMER IS A MERCHANT, ANY DISPUTE OF ANY NATURE WHATSOEVER, RELATING IN PARTICULAR TO THE INTERPRETATION, VALIDITY AND PERFORMANCE OF THE CONTRACT CONCLUDED WITH ORAK, EVEN IN THE EVENT OF AN ACTION IN WARRANTY OR MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURT IN THE PLACE OF ORAK'S REGISTERED OFFICE.