GENERAL TERMS AND CONDITIONS OF SALE ONLINE
OF THE ONLINE STORE
Article 1 • Purpose and acceptance of the GTCS
COUTELLERIE DE SAVOIE, operating under the trading name MUSEE OPINEL (hereinafter referred to as "MUSEE OPINEL”), sells fixed clap knives for outdoor activities, DIY, gardening, cooking, table use, etc. and other OPINEL accessories (hereinafter referred to as the “Product” or the “Products”).
These general conditions govern sales of MUSEE OPINEL products on the website www.opinel.com (hereinafter referred to as the "Website”) to any natural person of adult age acquiring the Products for purposes unrelated to their professional activities for delivery in mainland France and overseas (hereinafter referred to as the "Client”).
When the Client clicks on the “Next stage” icon after having clicked on the “I have read and accept the general conditions of sale” box to confirm their order for the Product(s) they have chosen, they recognise that they have read these General Conditions of Sale and accept them without reservation.
The Client is thus invited to carefully read the clauses below.
The Client cannot purchase a Product on the Website unless they have accepted these General Conditions of Sale first.
Consultation of the Website www.opinel.com by the Client is also subject to the General Conditions of Use available on the site, which the Client declares that they have read and accept without reservation.
MUSEE OPINEL reserves the right to amend these General Conditions of Sale at any time by publishing a new version of the same on the Website.
The General Conditions of Sale applicable are those in force on the Website as at the date the order is placed by the Client.
For the application of these General Conditions of Sale, it is agreed that the Client and MUSEE OPINEL are collectively referred to as ”the Parties” and each individually as the "Party”.
Article 2 • Products
• 2.1 Essential characteristics and presentation
MUSEE OPINEL informs the Client of the essential characteristics of the Products offered for sale, in particular:
- The brand and model
- The references of the Product
- The price
- Technical characteristics
MUSEE OPINEL invites the Client to become familiar with these characteristics. However, MUSEE OPINEL will not be held responsible in the event of a change to the characteristics of the Product(s) by the supplier(s).
Musée OPINEL shall not be held liable for differences in the colour and structure of the handle between photographs or illustrations of the Products presented on the website and the Product(s) received, since each handle made from natural materials (wood, horn) is unique.
MUSEE OPINEL promises to supply Products that comply with laws and regulations in force, in particular health and safety laws and regulations in accordance with national and European provisions.
• 2.2 Availability
MUSEE OPINEL promises to honour online orders within the limits of available stock.
The Products available are those that appear on the Website on the date the Client visits the Website, unless otherwise stated.
MUSEE OPINEL reserves the right to discontinue the sale of a Product at any time, without affecting orders already placed for said Product.
If a Product is not available, MUSEE OPINEL promises to inform the Client by e-mail as soon as possible.
The Client will then be able to cancel or amend their order and a replacement product can be sent to them, with their consent.
If an order is cancelled and payment has already been made, the Client will receive a refund within a maximum period of fourteen (14) days from receipt of their request for a refund.
Article 3 • Price
Prices are in euros and include all taxes, excluding transport costs and customs duties and other duties and/or taxes associated with the importation of the Products into the country of the Client, where applicable. These will be paid by the latter.
Value-added tax is French VAT applied at the standard rate in force on the date of the validation of the order.
If there is a change in the rate at which VAT is applied, said change can be passed on to clients in the price of the Products.
Processing, delivery and packaging costs - except for those specially mentioned within the context of promotional campaigns - are charged extra. These costs are stated on the order summary before the order is validated.
MUSEE OPINEL reserves the right to amend the tariffs indicated on the Website at any time and without notice. The cost of Products will be invoiced according to tariffs in force at the time of the validation of the order by the Client.
Article 4 • Client account
Orders are placed online, directly on the Website.
The Client can open a client account when placing their first order. To do so, they must provide a user name and a password.
If the Client loses their password, they must enter their e-mail address in the corresponding field. The system will then automatically send them their password at their e-mail address.
Information provided by the Client when creating their account is binding on the Client. In the event of an error, in particular in the details of the recipient, MUSEE OPINEL will not be held responsible for its inability to deliver the Products.
Article 5 • Placing an order
The Client places their order based on the Products presented on the Website and chooses the number of Products they wish to order. An order implies acceptance of the price for the Product(s) ordered.
The Client must also provide the delivery address and choose the method of delivery and method of payment.
Once they have completed the order form, the Client can confirm the Product(s) ordered, the number ordered and the total price of their order in a summary. If they wish, the Client will be able to amend or cancel their order.
The Client validates their order by clicking on the “Proceed to payment” button. He or she then declares that they accept all of these General Conditions of Sale, without reservation.
Finally, the Client proceeds with payment. The Client will be able to print out their purchase order from their client account.
Once their order is recorded and later at the time of delivery of the Product, an acknowledge of receipt will be sent to the Client at the e-mail address provided.
This acknowledge of receipt will contain the following information:
- The order number
- The essential characteristics of the Product
- The quantity of the Product
- The amount invoiced, including transport costs
- Confirmation of payment
- The method of delivery and delivery address for the order
- The details of MUSEE OPINEL
- Information relating to after-sales service and commercial guarantees, where applicable
- A reminder of legal guarantees concerning conformity and latent defects
- Information on the conditions and modalities for exercising the right of withdrawal by the Client.
This acknowledgement of receipt validates the transaction. The Client accepts that computerised order management systems constitute proof of purchase and of the date of said purchase.
MUSEE OPINEL reserves the right to refuse or cancel any order from a Client in the event of:
- An existing dispute with the Client in relation to non-payment of a previous order;
- Unusual orders in terms of volumes ordered
Article 6 • Payment and reservation of title
Payment in full is made in euros on the Website when the order is placed.
Under no circumstances can amounts paid be considered a down payment or instalment.
Payment can be made via PayPal, credit card or wire transfer. The following cards are accepted: CB, Visa, Mastercard, Maestro, Visa Electron, E-CARTEBLEUE.
The value of the transaction is immediately debited from the credit card of the Client once their details have been verified, upon receipt of the debit authorisation from the issuer of the card used by the Client.
In accordance with article L.132-2 of the Monetary and Financial Code, the undertaking to pay given using a payment card is irrevocable. By providing their credit card details, the Client authorises MUSEE OPINEL to debit their card for the price of the Products plus delivery costs, including all taxes.
To this end, the Client confirms that they are the owner of the card to be debited, that the name on the card is their own and that they have the authorisations required to make the payment, where appropriate. The Client shall provide the sixteen digits and the expiry date on their credit card, as well as the three digits on the visual cryptogram on the card.
If their card is used on the Website in a fraudulent manner, the Client can contact MUSEE OPINEL on the following number: 04 7964 0478 from Monday to Saturday from 9h to 18h30, or via e-mail at the following address: firstname.lastname@example.org
If the order is paid for via PayPal, the Client who has a PayPal account must enter their e-mail address linked to their PayPal account and their PayPal password. PayPal encrypts all information provided to it by the Client when they created their account. No information is provided to MUSEE OPINEL other than the e-mail address of the Client. Financial and personal information is automatically encrypted when sensitive information is sent to the servers of PAYPAL.
If the amounts owed by the Client cannot be debited, the online sale will be terminated ipso jure and the order cancelled.
The Client is sent a detailed invoice for each order via e-mail. The invoice also remains available in the client account.
Products remain the property of MUSEE OPINEL until all amounts owed by the Client under the terms of the Order have been paid, including taxes and charges.
Article 7 • Security of payments
Transactions conducted on the Website are secured using the SYSTEMPAY payment system offered by La Banque Populaire.
The Systempay platform is 3-D Secure approved, with all information exchanged to process payment being encrypted.
These data cannot be detected, intercepted or used by third parties. At no point are the financial details of the Client carried on the MUSEE OPINEL IT system. La Banque Populaire verifies that the connection with the browser of the Client is secure before sending the payment form to the financial institution carrying out the financial transaction.
Given that La Banque Populaire is a technical service provider, it does not handle disputes in relation to orders. Such disputes are handled directly by MUSEE OPINEL as specified above or, where applicable, by the financial institution of the Client.
Article 8 • Delivery
Products are delivered to the delivery address provided by the Client during the ordering process. It is the responsibility of the Client to verify the exhaustiveness and conformity of information they have provided to MUSEE OPINEL. Under no circumstances is MUSEE OPINEL responsible for any data entry errors and their consequences in terms of delays or errors in delivery. In this context, all expenses incurred for reshipping Products will be met in full by the Client.
All orders, except for those for engraved knives, are shipped within 48 hours (business hours). Customised orders will be shipped within a maximum period of 72 hours (business hours). For indicative purposes, once an order has been posted delivery is made within the following time frames:
- Within France: D+1 to D+4, depending on the delivery method;
- Within Europe: D+1 to D+5, depending on the delivery method;
- Rest of the world: From D+2 to D+9, depending on the destination.
The delivery times indicated above are business days, excluding Saturdays, Sundays and public holidays, and refer to standard times that include the processing, preparation and dispatch of the order. These times start on the date of confirmation of the order by MUSEE OPINEL.
If the agreed delivery deadline is not met, the Client can have the sales contract terminated by sending a letter via registered mail with acknowledgement of receipt to the following address: COUTELLERIE DE SAVOIE, 25 Rue Jean Jaurès, BP no. 2, 73300 SAINT-JEAN-DE-MAURIENNE if, after having instructed MUSEE OPINEL to deliver the order within a reasonable additional period, the latter has not delivered the order.
Where appropriate, the contract is considered to have been terminated upon receipt of the letter by MUSEE OPINEL, unless the order has been delivered in the meantime.
If the contract is terminated, the Client will be reimbursed, via any means of payment, for all amounts paid as soon as possible and by no later than fourteen (14) days after the date of receipt of the letter by MUSEE OPINEL.
MUSEE OPINEL cannot be held liable for non-performance of the contract, in particular in the event of non-delivery attributable to the Client (incorrect delivery address details), an unforeseeable and irresistible act by a third party or an instance of force majeure.
The cost of delivery of the Products depends on the geographical area of delivery and the weight of the order. In any event, the Client is informed of the cost of delivery before they validate the order.
Shipping is free for orders of more than 100 euros to the following countries: France, Belgium, Germany, Luxembourg, the Netherlands, the United Kingdom, Spain, Ireland, Portugal, Austria.
When placing their order, the Client must choose their mode of delivery and transport provider from a selection provided by MUSEE OPINEL.
Article 9 • Receipt of the order and conformity of the Products
Upon receiving the Products, the Client must verify the condition of packaging and the integrity of the Products delivered and, where appropriate, record any reservations and complaints on the delivery slip of the transport company. It must also inform MUSEE OPINEL by sending it a copy of the reservations made to the transport company by post or e-mail within two business day after the delivery of the Products at the following address: COUTELLERIE DE SAVOIE – MUSEE OPINEL, 25 Rue Jean Jaurès, BP no. 2, 73300 SAINT-JEAN-DE-MAURIENNE or email@example.com
The Client must also send any claim concerning an error in delivery and/or missing items to MUSEE OPINEL within 2 days of delivery. Any claim made after this time will be refused, with no recourse to appeal.
The Client must also verify the conformity of Products received pursuant to its order at the time of delivery. MUSEE OPINEL must be notified of any non-conformity or fault within the time frame specified in law.
As such, MUSEE OPINEL is liable for non-conformities in the Product under article L.211-4 et seq of the Consumer Code and for latent defects in the item sold under the conditions specified in articles 1641 et seq of the Civil Code.
- Has two years from the date of delivery of the Product to take action
- Can choose between having the Product repaired or replaced, subject to the cost conditions set out in article L. 211-9 of the Consumer Code
- Is exempt from having to prove the existence of the non-conformity of the Product for six months after delivery. This period will be extended to 24 months from 18 March 2016, except in the case of second-hand goods.
The legal guarantee of conformity applies irrespective of the commercial guarantee given.
The Client can decide to enforce the guarantee against latent defects in the Product sold under article 1641 of the Civil Code. In this case, the Client can choose to terminate the sale or accept a reduction in price in accordance with article 1644 of the Civil Code.
Article L217-4 of the Consumer Code
The seller must deliver a product that is compliant with the contract and address non-conformities that exist as at the time of delivery.
They must also address defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under its responsibility.
Article L217-5 of the Consumer Code
The Product is compliant with the contract:
1. If it is appropriate for the use normally expected for such a product and, where appropriate:
- If it corresponds to the description given by the seller and has the qualities presented to the customer in the form of a sample or model;
- If it has the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, in particular in advertising or labelling;
2. If it has the characteristics defined by mutual agreement by the parties or is appropriate for any special use sought by the customer that has been brought to the notice of the seller, and which the latter has accepted.
Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or their representative if it is established that they did not know them and was not legitimately able to know them.
Article L217-12 of the Consumer Code
The action resulting from the non-conformity is prescribed by two years from the delivery of the Product.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the latent defects in the item sold, which renders it unsuitable for the use for which it is intended, or which diminishes its use to such an extent that the buyer would not have acquired bought it or would have given a lower price if they had been aware of these defects.
Article 1648, paragraph 1 of the Civil Code
The action resulting from a latent defect must be brought by the purchaser within two years from the discovery of the defect.
If a Product is returned due to non-conformity or a latent defect, the Client must send a request to the customer service department of MUSEE OPINEL via e-mail at the following address: firstname.lastname@example.org, providing a detailed explanation of the defect or non-conformity found.
Returns will be refused if the defect found is the result of non-compliant handling or maintenance or the non-compliant use of the Product by the Client.
MUSEE OPINEL will examine the request of the Client and, if the request is founded, will exchange the Product or issue a refund for the cost of the Product(s) refunded, as decided by the Client, including the cost of dispatch and returns.
No returns for non-conformity or latent defects will be accepted without prior validation from MUSEE OPINEL.
In any event, the guarantee shall not apply if the Client does not comply with the "Instructions for the use, maintenance and safety of the Products”, engages in any abnormal use of the Products, or uses the Products for purposes other than those for which they were intended.
Article 10 • Right of withdrawal
In accordance with the provisions of the Consumer Code, the Client has THIRTY (30) clear days from receipt of the Products to exercise their right of withdrawal without having to provide reasons or pay penalties, except for return costs, by completing the standard withdrawal form below or by sending an e-mail to the following address: email@example.com. The Client will then immediately receive an acknowledgement of receipt of their withdrawal via e-mail.
The Client must return the Products to the following address within fourteen (14) days after the transmission of the withdrawal form or e-mail to the MUSEE OPINEL:
COUTELLERIE DE SAVOIE – MUSEE OPINEL
25 Rue Jean Jaurès
BP no. 2
73300 SAINT JEAN DE MAURIENNE
It is the responsibility of the Client to retain the proof of delivery that will be sent to it by La Poste, as the La Poste stamp constitutes proof of the date of return of the Product. Given that returns are the responsibility of the Client, no refund will be paid if the parcel is lost.
MUSEE OPINEL promises to reimburse the Client using the same means of payment as that used by the Client for the initial transaction for the cost of the Product, as well as delivery costs, without undue delay and by no later than fourteen (14) days after the date of recovery of the Products.
Specific case - Customised and engraved products
By virtue of article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the supply of “items made according to the specifications of the consumer or items that are clearly customised”.
For this reason, customised and engraved items are neither exchangeable nor refundable.
All risks and expenses associated with the return of items are to be met exclusively by the Client.
The right of withdrawal can only be exercised for Products that have been returned in full and are unopened, clean, in perfect condition in their original packaging (box and cardboard) and with the insert used to protect the Product, with a copy of the purchase invoice. Returned products that are incomplete, mutilated, dirty or damaged for whatever reason will not be accepted.
The Client assumes responsibility for depreciation of the Product resulting from handling other than that required in order to determine its nature and characteristics and to ensure its correct operation.
(Please complete and send this form only if you wish to withdraw from the contract.)
Attention: COUTELLERIE DE SAVOIE – MUSEE OPINEL:
By way of this form, I / we (*) inform you of my / our (*) withdrawal from the contract for the sale of the product (*) for the provision of the services (*) below:
Ordered (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the event of notification of this form on paper):
* Delete as appropriate
Article 11 • Liability
MUSEE OPINEL will not be held liable in the event of non-compliance with legislation in the country where the Product is delivered. Therefore, it is up to the Client to confirm with local authorities whether or not they are able to import or use a particular Product.
MUSEE OPINEL will not be held liable for any inconvenience or damages due to use of the internet, in particular an interruption to service, an inability to access the Website, external intrusion or the presence of computer viruses, or which is due to any instance of force majeure, in accordance with French case law.
The Client is solely liable for damages caused to it or to a third party resulting from the misuse of the Products. Under no circumstances will MUSEE OPINEL be held liable in such cases.
Article 12 • Customer service
Should they require any information or have any questions or complaints, Clients can contact MUSEE OPINEL via any of the following means:
- Via e-mail: firstname.lastname@example.org
- Via post: COUTELLERIE DE SAVOIE – MUSEE OPINEL, 25 Rue Jean Jaurès BP no. 2, 73300 SAINT JEAN DE MAURIENNE
- By telephone on 04 7964 0478 between 9h and 18h, Monday to Saturday
Article 13 • Personal data
Type of data collected:
The personal data collected and later processed by MUSEE OPINEL are those voluntarily given by the Client on the order form and/or when they create their account online. As a minimum, said data consist of the surname and forename of the Client, a delivery address and a valid e-mail address.
Purposes for which personal data are collected:
Details identified as mandatory on the form are required to manage orders, the authentication of payments and the delivery of the Products.
Transfer of data to third parties:
Data can be sent to companies involved in the performance of services and the fulfilment, management, execution, handling and payment of orders.
MUSEE OPINEL promises not to transfer their data to third parties other than those referred to above.
Duration of personal data retention:
These data are retained and stored for the time strictly required in order to achieve the objectives referred to above.
At the very least, data are stored for a maximum period of five years from the date of delivery.
Right of access and rectification:
The Client is informed that, in accordance with French and European regulations in force, they can exercise the following rights provided that they can prove their identity:
- The right to oppose, for legitimate reasons, their personal data being handled for purposes other than those for which they have given their consent;
- The right to oppose, at no cost, the commercial use of their data by the processing manager now or in the future;
- The right to receive information on the processing in which their personal data are used;
- The right to obtain information on processing operations carried out upon personal data managed by MUSEE OPINEL and all information that provides a view of and, where required, challenge the logic behind the processing of said data;
- The right to obtain copies of their personal data, as well as a right to rectification, the right to portability and the right to update and to delete all or some of said data;
The Client can exercise these rights by writing to MUSEE OPINEL at email@example.com, providing their surname, forename and e-mail address. They can also send a letter by post to: COUTELLERIE DE SAVOIE – MUSEE OPINEL, 25 Rue Jean Jaurès, BP no. 2, 73300 SAINT JEAN DE MAURIENNE.
The Client accepts and recognises that they are responsible for conformity with the confidentiality of passwords associated with any account used in order to be able to place orders on the Website. Consequently, the Client agrees that they are the sole person responsible vis-a-vis MUSEE OPINEL for any action carried out from their account.
If the Client learns of the unauthorised use of their password or account, they agree to inform MUSEE OPINEL without delay by writing to the following address:
firstname.lastname@example.org or by post at: COUTELLERIE DE SAVOIE – MUSEE OPINEL, 25 Rue Jean Jaurès, BP no. 2, 73300 SAINT JEAN DE MAURIENNE.
Receipt of promotional materials:
Depending on the settings chosen when creating or consulting their account, the Client may receive offers from MUSEE OPINEL and/or its partners, as indicated when they created their account. If the Client changes their mind and no longer wishes to receive promotional materials, they can request not to receive said materials at any time by sending an e-mail to email@example.com or by post at: COUTELLERIE DE SAVOIE – MUSEE OPINEL, 25 Rue Jean Jaurès, BP no. 2, 73300 SAINT JEAN DE MAURIENNE, providing their surname, forename and e-mail address.
The Client is informed that if they do not wish to receive marketing telephone calls, they can register for free on an official telephone preference list such as www.bloctel.gouv.fr.
Article 14 • Force majeure
MUSEE OPINEL cannot be held liable for any late or non-fulfilment of a contractual obligation resulting from an instance of force majeure, i.e. an irresistible, unforeseeable event beyond the control of the parties.
The execution of obligations incumbent on MUSEE OPINEL will be suspended in the case of an event that constitutes force majeure under the jurisprudence of French courts. In this case, MUSEE OPINEL will inform the Client of the duration of the instance of force majeure and of its foreseeable consequences as soon as possible.
Article 15 • Non-waiver
If MUSEE OPINEL does not exercise its rights at a given time in relation to one of the clauses herein, this shall not be interpreted as a waiver to later exercise its rights under these clauses.
Article 16 • Modification
MUSEE OPINEL reserves the right to amend the provisions of these general conditions of sale at any time. The Client is bound by these modifications.
Orders will be regulated by the version of the General Conditions of Sale in force as at the date of their validation by the Client.
Article 17 • Severability
If one (or more) provisions of these General Conditions of Sale is held to be invalid, the validity of other stipulations will not be affected unless they are indissociable from the invalidated provision.
Article 18 • The entirety of the agreement between the Parties
These General Conditions of Sale, the General Conditions of Use of the Website and the order summary sent to the Client form a single contract and constitute the whole of the contractual relationship between the Parties.
Article 19 • Governing law - Disputes
The sales contract entered into between MUSEE OPINEL and the Client is governed by French law. It is not covered by the application of any international agreements.
The language used in this contract is French.
In the event of a dispute, the Client is informed that if an attempt to resolve said dispute via amicable means directly with MUSEE OPINEL is unsuccessful they can resort to a consumer ombudsman, in accordance with the provisions of the Consumer Code.
Musée Opinel is a member of the ASSOCIATION DES MÉDIATEURS EUROPÉENS. The details of this association are as follows: 11 Place Dauphine – 75001 PARIS – http://www.mediateurseuropeens.org/
In accordance with article 14 of Regulation (EU) no. 524/2013, the European Commission has put an online dispute resolution system in place that facilitates the independent resolution of disputes online between consumers and professionals in the European Union via extrajudicial means.
This platform can be accessed by using the following link: https://webgate.ec.europa.eu/odr/
Failing that, it is agreed that any dispute that arises out of this contract falls within the jurisdiction of the French courts, with the competent court being appointed according to the procedural rules in force in France.