General terms
and conditions of sale

Version current as of 8 April 2024

Article 1, Subject matter and scope of application

Orak specialises in the maintenance and renovation of carpets for professional clients. These general terms and conditions of sale ("GTC") apply to all sales made by Orak for new or second-hand (reused and reconditioned) carpet tiles and any other associated products and services offered on the site orak.pro to professional clients.

Acceptance of the GTC is confirmed by a checkbox at the time of ordering. Any contrary condition of the Client shall be unenforceable against Orak, regardless of the time at which it may have come to its attention.

Article 2, Identity of the seller

The company Orak SAS is a simplified joint-stock company with share capital of €117,717.30, whose registered office is located at 15 avenue de Norvège, 91140 Villebon-sur-Yvette, registered with the Évry RCS under number 503 110 835.

Commercial department: contact@orak.fr, 01 60 92 42 99

Article 3, Creation of a personal account

To place an order on the site, the Client must first create a personal Account. Each Client may only create one profile. Login credentials are strictly personal and must be kept confidential. In the event of loss or theft, the Client must contact Orak immediately.

Article 4, Product information

4.1, Product description

The essential characteristics of the products are presented to the Client on the site. Orak makes its best efforts to ensure that the graphic representation of the products is as faithful as possible. However, colour rendering may vary depending on the screen.

In the event of a second order for an identical product, Orak draws the Client’s attention to the fact that the colour rendering may be very slightly different depending on the production batch.

Samples: available to order. The sample is chargeable for reused tiles (€5/tile). Shipping costs: €15.95 for 1 to 4 samples, €21.95 for 5 to 8 samples.

4.2, Product availability

Offers are valid subject to available stock. For reused tiles, the product is available in limited quantities. In the event of unavailability, Orak informs the Client and may cancel the order or propose a later date.

Article 5, Service information

The services offered by Orak are described on the site. Any service not included in the purchase of products will be subject to a personalised quote. The Client will be contacted by Orak to confirm the date and time of the intervention.

Article 6, Pricing

6.1, Prices

Prices are shown on the site in euros excluding tax and excluding delivery charges. The total amount due is indicated on the order confirmation page.

6.2, Delivery charges

Delivery charges are calculated based on the weight, dimensions of the package, delivery location, and carrier. They are displayed before the order is definitively registered.

6.3, Return of pallet boxes

Pallet boxes delivered with the products will be collected by Orak in accordance with the agreed terms. In the event of delay or incomplete or damaged boxes, additional charges may be invoiced.

Article 7, Order

By confirming the order, the Client expressly declares their full acceptance of the GTC without restriction. Once the order has been confirmed by the Client, Orak confirms it by email. The order may no longer be cancelled after confirmation.

Article 8, Payment terms

8.1, Payment date

For orders up to €10,000 excluding tax, the full price is due upon ordering. For orders exceeding €10,000 excluding tax: 30% upon confirmation, the balance upon shipment or 30 days after receipt.

8.2, Accepted payment methods

• Bank card (Visa, Maestro, American Express), secured by Stripe
• Online direct debit via Stripe
• Bank transfer
• Cheque (bank domiciled in metropolitan France)

8.3, Late payment

In the event of late payment, late payment penalties calculated at three times the statutory interest rate apply, along with a fixed penalty of €40 for collection costs.

Article 9, Product delivery

9.1, Place of delivery

Products can be delivered to metropolitan France, Corsica, or Monaco. Deliveries are made to the foot of the building. If the street is not accessible to vehicles over 7.5 tonnes, additional charges will be invoiced.

9.2, Delivery timeframe

The delivery timeframe is communicated to the Client before the order is confirmed. It may change, in particular in the event of force majeure, supplier delay, or customs difficulties.

Article 10, Receipt

The Client must verify the conformity of the products upon receipt. The notation "subject to unpacking" has no legal value. In the event of a defect or breakage, it is recommended to refuse the parcel or to note on the delivery note a detailed description of the damage.

Any claim to Orak for apparent defect must be submitted within 3 working days of receipt by email to: contact@orak.fr.

Article 11, Retention of title

Ordered products remain the property of Orak until full payment of the price has been received. However, risks relating to delivered products are borne by the Client from the moment of taking possession.

Article 12, Force majeure

Neither Party shall be held liable in the event that the performance of its obligations is delayed, restricted, or rendered impossible due to a case of force majeure as defined in Article 1218 of the Civil Code. The affected Party shall notify the other within 5 working days following the date on which it became aware of the event.

Article 13, Liability

Orak assumes no commitment or liability with regard to the consequences of failure to comply with the instructions given and/or the installation, laying, maintenance, and/or use specifications for the products. In any event, Orak’s total liability is limited to 100% of the amount invoiced for the relevant order.

Article 14, Termination

In the event of a breach by either Party of its obligations, in particular in the event of non-payment, the other Party may terminate the Agreement by operation of law following formal notice sent by registered letter with acknowledgement of receipt, within a maximum period of 15 calendar days.

Article 15, Personal data

The personal data requested is necessary for processing the order. In accordance with the GDPR and Law no. 78-17 of 6 January 1978, you have the right to access, rectify, restrict, oppose, erase, and port data relating to you. Requests should be sent to: contact@orak.fr.

Article 16, Intellectual property

All elements of the site, visual or audio, including the name, logo, graphics, and underlying technology, are protected by intellectual property rights. They are the exclusive property of Orak or its content providers. Any reproduction or reuse is prohibited without prior written authorisation.

Article 17, Newsletter

By checking the relevant box, the Client agrees to receive a newsletter from Orak. The Client may unsubscribe at any time by clicking the link present in each newsletter.

Article 18, Partial invalidity

If one or more provisions of the GTC are held to be invalid, the remaining provisions shall retain their full force and effect.

Article 19, Proof convention

The Client acknowledges the validity and evidential weight of emails, SMS messages, notifications, and digital records made by Orak.

Article 20, Applicable law

The contract is governed by and subject to French law. For any dispute, the competent jurisdiction is that of the location of Orak’s registered office.