OMAHA BEACH ORIGINAL
Sale Terms
Updated: April 2023
Please read the following Sale Terms carefully before purchasing any goods on the Omaha Beach Original website. In order to purchase any goods or service using this website, your acceptance of these Sale Terms is requested. Please save a copy of these Sale Terms for your records.
These Sale Terms set out the terms and conditions that will apply when you purchase merchandise from Omaha Beach Original, a brand created by Stéphane Gérain (EI) whose registered address is at 4 rue Dupont Delporte, 76000 Rouen FRANCE.
Our registered RCS number is 792 444 945
From time to time, we may change our Sale Terms. However, the Sale Terms that existed when you made yourpurchase will apply. We recommend checking the Sale Terms whenever a new order is placed.
Bold terms that we have used in these Sale Terms are defined in the “Definitions” Section below.
To help you find what you are looking for, we have divided these Sale Terms into separate Sections. These are:
3. Payment
4. Changing or Cancelling Your Order
10. Privacy
12. The Law
Which is Applicable to Our Relationship
13. Contact
Us
14. Definitions
1. ORDER AND ACCEPTANCE
1.1 Each order you submit is a non-binding offer from you to purchase merchandise in exchange for payment.
1.2 Orders are subject to our acceptance, and we may, at our discretion, refuse to accept your order in certain circumstances, including, but not necessarily limited to, when:
a. There is an error in the information you provided to us (e.g., you provided an incorrect shipping address);
b. There is an error on our site relating to the merchandise that you have ordered;
c. The merchandise that you have ordered is no longer available;
d. There are limitations in shipping to your region requiring additional information to complete a delivery
1.3 We specifically reserve the right to refuse to accept your order if we suspect that you intend to resell our merchandise. We will refuse to accept any order requesting us to:
a. Deliver to a freight forwarding company; or
b. Deliver to a P.O. box.
1.4 We will only be deemed to have accepted your order (or any part thereof) when we provide you with a shipping confirmation email. This contract will only apply to the merchandise which was in stock and shipped. Please note, your initial order confirmation email is not acceptance of your order, only acknowledgement that we have received it.
1.5 We take reasonable steps to ensure that the prices and other information about merchandise on our site are accurate. Despite these efforts, it is possible that errors, including incorrect pricing, may display on our site. However, if we have accepted your order and you have received a shipment confirmation email, you will not be asked to pay more than the price indicated when you placed your order.
2. PRODUCT AVAILABILITY
2.1 The inclusion of any merchandise on our site does not imply, warrant or guarantee that the merchandise will be available if you wish to place an order to purchase it.
3. PAYMENT
3.1 You may pay for your order using Credit Card or PayPal.
3.2 The charge for your order will appear on your credit, debit or charge card statement as “Omaha Beach Original” If you wish to dispute the validity or amount of a charge that appears on your card statement, please contact us by emailing us at obo.normandy@gmail.com.
3.3 If you cancel any portion of your order, any authorized “hold” will usually be released within three (3) to five (5) working days from the date of cancellation.
4. CHANGING OR CANCELLING YOUR ORDER
4.1 You can make changes to or cancel your order at any time before we have packed your order for shipment. To do so, please contact us by emailing us at obo.normandy@gmail.com
4.2 If we have already packed your order for shipment, you can request a refund or exchange, as described in the “Returns and Exchanges” Section below.
5. SHIPPING/DELIVERY
5.1 International shipping is available when ordering merchandise from our site. For the moment we deliver to the following countries : United States, United Kingdom, Canada, Australia, New Zealand, France and Europe. We can possibly deliver to other countries but only on request. Please contact us by emailing us at obo.normandy@gmail.com.
5.2 Shipping and handling charges vary depending on your address, and the value of your order.
5.3 Merchandise that we deliver to you becomes your property at the time that you receive it.
5.4 We will deliver all in-stock merchandise as soon as reasonably possible and in no event more than thirty (30) business days from the date on which we accept your order. Please note that during July and August expedition delays can be a little longer.
6. RETURNS & EXCHANGES
Please note, this Section pertains only to standard returns and exchanges for online orders. Please see below for more information regarding your Right of Withdrawal and Faulty Merchandise
If you are not satisfied with your purchase, return it to us for an exchange or refund, subject to the following terms:
6.1 We will refund or exchange any merchandise that is returned in resalable condition with a copy of your original invoice
6.2 Refunds for returned orders will be issued to the original form of payment. For exchanged orders, any price difference from the original order will either be credited to or debited from the original payment method used to place the order.
6.3 you can send the merchandise back to us at the return address listed below
6.4 To initiate your return or exchange, please contact us by emailing us at obo.normandy@gmail.com. Once you have submitted your online demand, you will receive a return label via email. Please note that you are responsible for the return shipping costs. Your refund or exchange will be processed as soon as we have confirmed we have received your return.
6.5 Our Adress :
Omaha Beach Original
4 rue Dupont Delporte
76 000 Rouen
France
7. RIGHT TO CANCEL
7.1 You have the right to cancel without providing reason within fourteen (14) days from the date that you (or a third-party other than the carrier) physically receive the merchandise.
7.2 To exercise this right, you will need to inform us either by (a) submitting the completed Right to Cancel form found at the end of these Sale Terms; or (b) notifying us that you are exercising your right to cancel in a clear statement. The form/statement can be submitted via:
- Post at Omaha Beach Original, 4 rue Dupont Delporte, 76 000 Rouen FRANCE
- Email at obo.normandy@gmail.com
7.3 Please note, you will need to provide your order number or other information associated with your order so we can locate the purchase in our system.
7.4 You are required to return the merchandise within fourteen (14) days of contacting us. Merchandise must be returned in its original packaging, where applicable. You can use the return label that is included in the shipment to return the merchandise to us.
7.5 After you provide notice of withdrawal, we will issue a refund for all returned merchandise within fourteen (14) days from when either (a) we receive the merchandise; or (b) you provide proof that you have shipped the merchandise back to us. If you have used the items other than what is necessary to establish the nature, characteristics and functioning of the items, you are liable for their diminished value.
7.6 Unless you have expressly agreed otherwise, we will make the refund to the same payment type you used for the initial order. You will not incur any fees as a result of such refund.
8. FAULTY MERCHANDISE
8.1 We are under a legal duty to supply merchandise that is in conformity with this contract. If you wish to return or exchange merchandise which is faulty or non-conforming, you can email us at obo.normandy@gmail.com .
8.2 If you choose to return your faulty or non-conforming merchandise, we will first need to confirm that it is faulty, damaged, or does not correspond to the description on our website. Once confirmed, we will refund the cost of the merchandise and the original shipping and handling charges paid by you. If we determine the merchandise is not faulty, you will not be entitled to a refund and we will return the merchandise to you at your cost. Please see the “Returns and Exchanges” Section above for more information regarding on how you can complete your return.
8.3 We will usually credit the refund back to the form of payment that you used to pay for the merchandise within approximately fourteen (14) days from the date that we receive the merchandise. Please note, it may take longer for the refund to appear on your payment card statement.
8.4 If you choose to exchange your faulty or non-conforming merchandise, please see the “Returns and Exchanges” Section above for more information regarding on how to exchange your item. Once we receive the returned merchandise, we will process your exchange. We will waive any applicable shipping and handling charges for replacement merchandise. If there is any difference between the price of the merchandise that youhave returned and the price of the replacement merchandise that you have requested, we will either credit or process payment from the payment card used to make your original purchase.
9. OUR LIABILITY TO YOU
9.1 Nothing in these Sale Terms will exclude or limit our liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited.
9.2 Nothing in these Sale Terms will exclude or limit our liability to you for breach of your legal rights, including the right to receive products which are (a) as described and match information we provided to youand any sample or model seen or examined by you; (b) of satisfactory quality; (c) fit for any particular purpose made known to us; (d) supplied with reasonable care and skill.
9.3 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.
9.4 We are not liable for business losses. Our merchandise is for private use, as such, we have no liability if you use the merchandise for commercial or business purposes. If you use the merchandise for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. PRIVACY
10.1 When you place an order through our site, you will be providing us with your personal information. We will use your personal information to process your order and deliver the merchandise ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject to the terms of our Privacy Notice
11. USE OF OUR WEBSITE
11.1 Your use of our site is subject to our “Website Terms of Use”
12. THE LAW WHICH IS APPLICABLE TO OUR RELATIONSHIP
12.1 The contract between you and us is governed by the law of FRANCE. However, if you are a consumer and you live outside FRANCE, you may be entitled to bring court proceedings in your own language and in your local courts. A local consumer advice organisation will be able to advise you of your rights.
13. CONTACT US
If you have any questions about these Sale Terms, please contact us by emailing us at obo.normandy@gmail.com.
14. DEFINITIONS
In these Sale Terms:
“contract”
means the contract between you and us for the sale and purchase of merchandise, comprising your order, our email confirmation of our acceptance of your order and these Sale Terms;
“merchandise”
means the products that we sell on our site from time to time
“order”
means an order for merchandise;
“Sale Terms”
means these terms and conditions of sale;
“site”
means our website : omahabeachoriginal.com
“we”,”our” or “us”
means Omaha Beach Original, 4 rue Dupont Delporte, 76000 Rouen FRANCE
“you” or “your”
means you, the customer.
15. Right of Withdrawal Form
Complete and return this form only if you wish to withdraw from the contract.
To: Omaha Beach Original, 4 rue Dupont Delporte, 76 000 Rouen FRANCE
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*).
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
| Ordered on | ____________________________________ |
| Received on | ____________________________________ |
| Order Number ** | ____________________________________ |
| Email on Order ** | ____________________________________ |
| Name of consumer(s) | ____________________________________ |
| Address of consumer(s) | ____________________________________ |
| ____________________________________ | |
| ____________________________________ |
Signature of consumer(s) (only if this form is notified on paper)
__________________________________________________________________
Date: ___________________________
(*) Delete as appropriate
(**) Helpful if you can provide this, not required