General Terms and Conditions

Last modification - 2024 June

GENERAL CONDITIONS OF SALE (BtoC) – OAKÂME

The Company OAKÂME SARL, with a capital of 10 000 euros, whose headquarters are located in Tourcoing (59200), 60 Chaussée Albert Einstein, registered in the trade and companies register of LILLE MÉTROPOLE under the number 89 168 198 300 039 represented by Mr Christopher CHEVREUIL and Mr Hugo GAVEAU.

ARTICLE 1 – Scope of application

The purpose of the present General Conditions of Sale is to define the conditions under which OAKÂME (hereinafter also called “the Vendor” or “the Seller”) provides to consumers and non-professional Customers (“the Customer” or “the Customers”) who request it, by phone, by e-mail, or via the Vendor’s website www.oakame.com, the products proposed by mean of a quotation on the website, in the catalogs as well as custom-made furnitures (hereafter referred to as “the Products”).

They specify inter alia the conditions for placing an order, payment, and delivery of the Products ordered by the Customers.

These General Terms and Conditions of Sale are systematically communicated to all Customers prior to placing an order and shall prevail, if necessary, over any other version or any other contradictory document.

The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by placing an order with the Vendor. Validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges that he/she has the capacity required to contract and acquire the Products offered by the Vendor.

ARTICLE 2 – Orders – Availability of Products – Prices

2.1. Orders and Availability of Products

The Customer shall send a request for a quote via the Vendor’s website, by telephone or any other electronic means. For custom-made Products, Customers shall send a request for a quote via the Vendor’s website at the following address: https://www.oakame.com/fr/nous-contacter (“custom-made project” tab), by phone or by any other electronic means.

In addition, such orders for custom-made Products must be accompanied by a design plan of the Product as requested by the Customer, specifying its essential characteristics (e.g. raw materials, dimensions).

Sales are perfect and final only after:

Vendor’s express written acceptance of the Customer’s order, in the form of a quotation proposal, mentioning, inter alia, the price, the dimensions and the raw materials. For custom-made Products, the quotation will be accompanied by a virtual mockup version and acceptance of the quotation implies its acceptance;
Acceptance of the quotation and full payment of the order.

Unless otherwise specified, the quotation shall be valid for a limited period of thirty (30) days from the date of issue indicated on the said document. After this period, the Customer must request a new quotation from the Vendor.

Once the Order is validated, the Customer will receive by email the confirmation of his order and the invoice related to it. This confirmation will summarize the order as well as the relevant delivery information.

It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.

The Products are offered within the limits of available stocks. The Vendor shall not be held responsible for the non-performance of the contract in case of stock shortage or unavailability of the Product. In this case, the Vendor will contact as soon as possible the Customer in order to propose one of the following alternative solutions: a new delivery date, the replacement of the Product by another equivalent product or the reimbursement of the price of the Product concerned, without the Customer being able to claim any compensation.

The essential characteristics of the standard Products (Products other than the custom-made Products) are available on the Vendor’s website. Also, wooden Products are equipped with an NFC card, allowing the Customers to access, via a mobile portal, a detailed technical sheet specifying the characteristics and the origin of the wood.

The manufacturing of the Products is handmade and based on natural materials, this may result in visual variations between, on the one hand, the photographs and visuals of the website, catalogs and model of exposure and on the other hand, the Products as delivered. The photographs and visuals of the Products displayed on the website and catalogs are not contractual and the Vendor shall not be held responsible for any visual variations.

Unless otherwise stated, the dimensions are considered to be overall. *The products are handcrafted and as above-mentioned made from natural materials and may therefore vary by ± 2,5% from the dimensions indicated on the quotation.*

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.

2.2 Modification of the order

Any changes requested by the Customer shall be taken into account, within the limits of the Supplier’s possibilities and at its sole discretion, only if they are notified in writing seven (7) days after the order is placed and after the Customer has signed a specific order form and possibly adjusted the price.

ARTICLE 3 – Price – Terms of payment

3.1. Price of the Products

The Products are supplied at the price indicated on the order’s quotation. If the total cost of the Products is not calculable in advance, the Vendor shall send to the Customer a detailed quotation setting forth the formula for calculating the price, including for this purpose the cost of raw materials. In such case, the Vendor shall send a quotation with a definitive price as soon as it can be calculated.

Prices are expressed in euros and include VAT (VAT at the current legal rate applicable). These prices are firm and non-revisable during the period of validity of the quotation, as indicated on the latter, the Vendor reserving the right, outside this period of validity, to modify the prices of the Products.

For all shipments outside the European Union and the French overseas departments and territories, the Vendor shall take care of customs export formalities. It is then up to the Customer to pay any customs duties and any other tax related to the import on the basis of the documents provided by the Vendor.

The prices of the Products do not include shipping, transportation, delivery and installation costs, which are invoiced in addition and calculated before the order is placed.

3.2. Terms of payment

Unless otherwise stated, sales are due and are payable in full including VAT on the date of issue of the invoice.

The Seller reserves the right to start manufacturing the Product when receiving the effective payment by the Customer.

The following payment methods can be used:

by SEPA bank transfer
by any other payment methodes proposed on Oakâme’s website

All SEPA bank transfers must be sent to the supplier to the following bank account:

IBAN Number : FR76 1670 6050 3653 9983 1023 310
SWIFT Code : AGRIFRPP867
Bank name : CREDIT AGRICOLE NORD DE FRANCE

Any bank charges related to the transfer for the payment of the invoices shall be borne by the Customer.

Payments made by the Customer shall not be considered definitive until the Seller has received the amounts due.

In the event of cancellation of the order or termination of the contract by the Customer, for any reason whatsoever, the Seller shall retain 50% of the total amount of the Order.

In the event of a written agreement between the Parties providing for different payment terms, the following rules may be applied:

Articles 1231 and following of the Civil Code regulate the regime of damages in case of non-performance of the contract, which includes default damages. This is compensation for the debtor’s delay. Article 1236 provides that: “Damages due for delay in the payment of an obligation to pay a sum of money shall consist of interest at the legal rate from the date of the notice of default”.

The applicable legal interest rate is the one defined every six months by order of the French Minister in charge of the economy. According to the order of June 25, 2021 setting the legal interest rate for the second half of 2022, the legal interest rate is set at 0.76% for debts owed by natural persons not acting for professional purposes.

Except with the express, prior and written agreement of the Seller, and provided that the reciprocal claims and debts are certain, liquid and due, no compensation may be validly made between any penalties for late delivery or non-conformity of the Products ordered by the Customer on the one hand, and the sums owed by the latter to the Seller for the purchase of said products on the other.

Any sum paid in advance of the price, deposit or advance payment, shall bear interest at the legal rate at the end of a period of three months from the date of payment until the date of delivery or performance of the service (art. L214-2 of the Consumer Code).

In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.

The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.

ARTICLE 4 – Discounts and Rebates

The Vendor may grant the Vendor price reductions, discounts and rebates based on the number of Products available or on the frequency of the orders, according to the conditions set forth in a specific written agreement by the Vendor.

ARTICLE 5 – Deliveries – Reception

5.1. Terms of delivery

The Products ordered by the Customer will be delivered to the address provided by the Customer when placing the order. The Products are accompanied by a delivery note, which must be signed by the Customer or any representative of the latter. The Seller is not responsible for undelivered Products once proof of shipment can be provided.

In the event that delivery is impossible due to an error in the address provided by the Customer, the Seller shall contact the Customer as soon as possible to obtain a new delivery address and any additional delivery charges shall be borne by the Customer.

All postal shipments are assigned a tracking number. Once the order is processed, this number is sent by email with the link to track the package in real time.

The Products purchased by the Customer will be delivered within the time period indicated on the order form. The delivery periods only start to run as from the effective receipt by the Vendor of the sums due.

In the event of a request for modification subsequent to the placing of the order by the Customer, and in particular concerning custom-made Products, the delivery period shall only begin as of the last modification request concerning the custom-made Product.

In the event of a delay exceeding the maximum time limit, the Customer may request the cancellation of the sale and the payments made will then be returned to him by the Seller.

The Seller shall not be liable for any delay or suspension of delivery which is due to the Customer’s default, and inter alia, in the event of late payment, or in case of force majeure.

In the event of a particular request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs shall be the subject of a specific additional invoice, based on a quotation previously accepted in writing by the Customer.

It is important for the Client to check that the furniture ordered can be delivered to his home. If the Client lives in a specific area or one that is difficult to access (impassable stairwell and/or too narrow a lift, etc.) without it having been specified in advance, the delivery may be overcharged or cancelled. If any doubts, the Client needs to contact Oakâme’s team to find a suitable delivery solution.

5.2. Receipt of the Products

The Customer is required to check the apparent condition of the Products upon receipt of the Products. If the Customer detects an apparent defect of conformity of the order or the Products at the reception of the Products:

The Customer must express his precise and motivated reservations at the very moment of the reception of the goods on the delivery note and inform the Seller as soon as possible and within a maximum period of 72 hours by e-mail.

It shall be the Customer’s responsibility to provide any justification as to the reality of the apparent defects invoked. The Customer shall give the Vendor all facilities to establish such defects and shall refrain from repairing the Products without the prior written approval of the Supplier.

The Seller also reserves the right to arrange for repairs through a third party near the Client’s residence.

In the event of an apparent defect in the Products duly noted by the Supplier under the conditions/formalities provided for above, the Supplier shall replace the delivered Products as soon as possible and at its own expense, or shall proceed with a refund if the Products are no longer available. No return of goods will be accepted without the prior agreement of the Supplier. Any non-conforming Product must be returned in its original packaging, accompanied by a copy of the invoice and any other document that may have been provided.

ARTICLE 6 – Transfer of ownership – Transfer of risks

The Vendor retains the ownership of the material and the equipment sold until the effective payment of the entire amount.

The transfer of risk, loss and deterioration shall only be effective when the Customer takes physical possession of the Products. The Seller shall bear the risks of transport.

The seller cannot be held responsible for loss or damage if the customer has not signed the delivery note.

ARTICLE 7 – Responsibility of the Supplier – Guarantee

The Products offered for sale comply with the regulations in force in the territory where the Products are marketed and are only compatible with non-professional use.

The Products supplied by OAKAME benefit by right and without additional payment, in accordance with the legal provisions contained in the Consumer Code and the Civil Code of:

the compliance guarantee (article L. 217-5 of the Consumer Code), for the Products apparently unsuitable for consumption or not corresponding to the order and of ;
the legal guarantee against the latent defects (articles 1641 to 1649 of the Civil Code) coming from a defect of material, design or manufacture affecting the Products delivered and making them unsuitable for the use under the conditions and according to the modalities aimed in the present General Conditions of Sale.

● has a period of two years (art. 1648 of the Civil Code) from the delivery of the goods to act against the SELLER;

● is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.

It is recalled that under the legal guarantee against latent defects, the Customer:

can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code;
has a period of two (2) years from the discovery of the hidden defect within a maximum period of five (5) years;
the burden of proof rests on the Customer, who must therefore demonstrate the existence and the consistency of the defect.

The Customer shall benefit from these rights provided that the Customer has complied with the recommendations for use and maintenance of the unprocessed Products.

To assert its rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned time limits and return the defective Products in the original packaging with all the elements (accessories, notices, etc.).

Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective. In the case of delivery, shipping charges (excluding extra shipping costs) will be refunded on the basis of the invoiced rate and return shipping charges (excluding extra shipping costs) will be refunded upon presentation of receipts.

7.1. Exclusion of warranty

Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Customer, as well as in case of abnormal wear and tear of the Product, in case of use in conditions different from those for which the Products were manufactured or in case of force majeure.

It does not apply either in case of deterioration or accident due to shock, fall, negligence, lack of supervision or maintenance, or in case of transformation of the Product.

The visual characteristics of the raw materials and ultimately of the Products may evolve and thus the Products may in particular encounter one of the following situations, without the Seller’s guarantee being engaged:

the appearance of mould stains if the Products are left in a closed and non-ventilated place with a high level of humidity;
a change in color or the appearance of cracks and fissures depending on the climatic conditions to which the Products are subjected (e.g. bad weather, humidity, dryness, exposure to UV rays);
swelling and enlargement of cracks of ± 2,5% of the Products if they are exposed to water or moisture, dryness or frost;
the appearance of mold and if the Products are left in an enclosed, unventilated area with high humidity;
the separation of minor wood particles that may create splinters.

The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 8 – Return – Right of withdrawal

In accordance with article L. 221-18 of the French Consumer Code, the Customer has a right of withdrawal of 14 days from the date of receipt of the Products to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, provided that the Products are returned in their original packaging and in perfect condition within 14 days of the notification to the Vendor of the Customer’s decision to withdraw.

The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their return to the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not accepted.

The right of withdrawal may be exercised by email to the following address: contact@oakame.com and for this purpose, the Customer may use the withdrawal form available in Appendix II of these General Terms and Conditions of Sale, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.

In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the cost of returning the Product(s) shall be borne by the Customer.

The refund shall be made, by the same means of payment as the one used for the payment of the order, unless otherwise agreed between the Parties, within 14 days from the notification to the Seller of the withdrawal decision.

However, in accordance with Article L. 221-28 of the French Consumer Code, in the case of distance selling, the right of withdrawal may not be exercised for contracts for the supply of custom-made Products, made to the consumer’s specifications or clearly personalized.

The right of withdrawal therefore applies only to standard Products.

ARTICLE 9 – Intellectual property

The brand, the logo, and the graphic charter of the website of the Seller are registered trademarks at the INPI and works of the mind protected under the copyright, whose property is exclusively the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.

The Seller shall remain the exclusive owner of all intellectual property rights on the Products, photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) with a view to supplying the Products to the Customer.

The Customer shall therefore refrain from reproducing or exploiting said photographs, presentations, studies, drawings, models and prototypes, etc., even partially, whether in the form of a photo, logo, visual or text, without the express, written and prior authorization of the Seller, which may be conditional upon a financial consideration.

ARTICLE 10 – Protection of personal data

The Vendor undertakes not to disclose to any other company the personal data collected during the registration of its buyers. The only purpose of the personal data collected is to allow the realization and management of the order and delivery, and also the administrative and commercial management of the customer relationship (e.g. commercial prospecting, commercial operations, settlement of unpaid invoices).

In accordance with the Data Protection Act of January 6, 1978 (amended) and the General Data Protection Regulation, the Customer has a right to access, rectify, portability and deletion of his personal data. The Buyer may also object to the processing of his personal data. If the Buyer wishes to exercise this right, he can write to Tourcoing (59200) 60 Chaussée Albert Einstein or send an email at the following address : contact@oakame.com, indicating his/her name, first name, address, email and, if possible, the buyer’s reference in order to speed up the processing of his/her request.

The Customer can at any time access and change the information concerning him/her in the customer area under the tab “my account”.

The personal data collected from the Customers are subject to computer processing by OAKAME. They are recorded in its buyer file and are essential to the processing of the order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.

The data controller is the Vendor. Access to personal data will be strictly limited to the employees of the data controller, who are authorized to process them by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the authorization of the Customer being necessary.

Apart from the cases set out above, the Vendor shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer, unless compelled to do so for a legitimate reason.

ARTICLE 11- Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, in particular, and not exclusively, in the event of a shortage of raw materials for the Supplier, within the meaning of Article 1218 of the Civil Code.

The Party observing the event shall without delay inform the other Party of its inability to perform its obligations and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it give entitlement to the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive, the present contract shall be, by right, purely and simply terminated.

ARTICLE 12 – Applicable law

By express agreement between the parties, these General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law, unless the mandatory provisions of the law of the country where the Customer has his usual residence are more favorable if the latter is located on the territory of the European Union.

The present General Conditions of Sale are written in French.

In the event that they are translated into one or more foreign languages, only the French text shall be deemed binding in the event of a dispute.

ARTICLE 13 – Disputes

In case of litigation relating to the interpretation and execution of the General Terms and Conditions, the Customer shall first contact the Seller to find an amicable settlement within 30 days. To this end, the Vendor provides a service for Customers that can be reached by e-mail at the following address: contact@oakame.com

In the absence of amicable agreement and in accordance with Article L. 612-1 of the Consumer Code, the Customer may have recourse free of charge to the mediation service CNPM to which the Seller is affiliated:

electronically : https://cnpm-mediation-consommation.eu or;

by mail: CNPM – Médiation – Consommation – 27 Avenue de la Libération 42400 Saint-Chamond

who will attempt to reach a solution between the Parties.

If the Customer is based in the European Union, he may also file a claim on the online dispute resolution platform set up by the European Commission, accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase

In the absence of amicable resolution, all disputes arising from the interpretation or execution of these Terms and Conditions of Sale will be under the exclusive jurisdiction of the competent courts under the conditions of common law.

ANNEX 1 – COMPLIANCE GUARANTEE – LATENT DEFECT LEGAL GUARANTEE

Article L217-4 of the Consumer Code

The Seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.

Article L217-5 of the Consumer Code

To conform to the contract, the property must:

Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the Seller and possess the qualities that the Seller has presented to the buyer in the form of a sample or model
- have the qualities that a buyer may legitimately expect in view of the public statements made by the Seller, the producer or his representative, particularly in advertising or labelling
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and accepted by the latter.

Article L217-12 of the Consumer Code

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L217-16 of the Consumer Code

When the purchaser asks the seller, during the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty which remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it or would have given only a lesser price for it if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

ANNEX II – WITHDRAWAL FORM FOR DISTANCE PURCHASES

The Company OAK ME, SAS, with a capital of 10 000 euros, whose head office is located in Tourcoing (59200), 60 Chaussée Albert Einstein, registered in the Trade and Companies Register of LILLE MÉTROPOLE under the number 89 168 198 300 039 represented by Mr Christopher CHEVREUIL and Mr Hugo GAVEAU.

To the attention of the company OAKAME SAS whose head office is located in BONDUES (59910) 40 Avenue du Professeur Paul Langevin [email address of contact@oakame.com]:

I/we () hereby notify you/us () of my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services (*) below:

Ordered on ()/received on () :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only if notifying this form on paper):

Date:

(*) Delete as appropriate.

GENERAL CONDITIONS OF SALE – OAKÂME

ARTICLE 1 – Scope of application

The present general conditions of sale constitute, in accordance with article L 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties.

Their purpose is to define the conditions under which OAKÂME (“the Supplier”, “the Seller” or “the Vendor”) provides to professional buyers (“the Buyers” or “the Buyer”) who request it, by phone, by e-mail, or via the Supplier’s website www.oakame.com, the products proposed by mean of a quotation on the website, in the catalogs as well as custom-made furnitures (hereafter referred to as “the Products”).

They apply without restrictions or reservations to all sales concluded by the Supplier with Buyers of the same category, regardless of the clauses that may appear on the Buyer’s documents, and in particular its general terms of purchase.

In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Buyer who requests them, to enable him to place an order with the Supplier.

Any order of Products implies, on the part of the Buyer, the acceptance of the present General Sales Conditions of the Supplier.

The information appearing in the Supplier’s catalogs, website and price lists is given as an indication and may be revised at any time. The Supplier is entitled to make any changes that he deems useful.

ARTICLE 2 – Orders – Availability of Products – Prices

2.1. Orders and Availability of Products

The Buyer shall send a request for a quote via the Vendor’s website, by telephone or any other electronic means. For custom-made Products, Purchasers shall send a request for a quote via the Seller’s website at the following address: https://www.oakame.com/fr/nous-contacter (“custom-made project” tab), by phone or by any other electronic means.

In addition, such orders for custom-made Products must be accompanied by a design plan of the Product as requested by the Buyer, specifying its essential characteristics (e.g. raw materials, dimensions).

Sales are perfect and final only after:

 Supplier’s express written acceptance of the Buyer’s order, in the form of a quotation proposal, mentioning, inter alia, the price, the dimensions and the raw materials. For custom-made Products, the quotation will be accompanied by a virtual mockup version and acceptance of the quotation implies its acceptance;

 Acceptance of the quotation by the Buyer and full payment at receipt.

Unless otherwise specified, the quotation shall be valid for a limited period of thirty (30) days from the date of issue indicated on the said document. After this period, the Buyer must request a new quotation from the Supplier.

Once the Order is validated, the Buyer will receive by email the confirmation of his order and the invoice related to it. This confirmation will summarize the order as well as the relevant delivery information.

The Products are offered within the limits of available stocks. The Supplier shall not be held responsible for the non-performance of the contract in case of stock shortage or unavailability of the Product. In this case, the Supplier will contact the Buyer in order to propose one of the following alternative solutions: a new delivery date, the replacement of the Product by another equivalent product or the reimbursement of the price of the product in question, without the Buyer being able to claim any compensation.

The essential characteristics of the standard Products (Products other than the custom-made Products) are available on the Supplier’s website. Also, wooden Products are equipped with an NFC card, allowing the Buyers to access, via a mobile portal, a detailed technical sheet specifying the characteristics and the origin of the wood.

The manufacturing of the Products is handmade and based on natural materials, this may result in visual variations between on the one hand, the photographs and visuals of the website, catalogs and exposure models and on the other hand, the Products as delivered. The photographs and visuals of the Products displayed on the website and catalogs are not contractual and the Supplier shall not be held responsible for any visual variations.

The products are handcrafted and as above-mentioned made from natural materials and may therefore vary by ± 2,5% from the dimensions indicated on the quotation.

2.2 Modification of the order

Any changes requested by the Buyer shall be taken into account, within the limits of the Supplier’s possibilities and at its sole discretion, only if they are notified in writing seven (7) days after the order is placed and after the Buyer has signed a specific order form and possibly adjusted the price.

2.3 Prices

The Products are supplied at the price indicated on the order’s quotation.

If the total cost of the Products is not calculable in advance, the Vendor shall send to the Buyer a detailed quotation setting forth the formula for calculating the price, including for this purpose the cost of raw materials. In such case, the Supplier shall send a quotation with a definitive price as soon as it can be calculated.

For professionals based in metropolitan France:

Prices of the Products are expressed in euros and are inclusive of all taxes, except in cases stipulated by the law, excluding shipping and packaging costs. The installation costs are included in the price of the Products as proposed on the quotation.

For professionals based outside metropolitan France:

Prices of the Products are expressed in euros and are exclusive of VAT, including transport costs, in accordance with the applicable Incoterms ® 2020 rule, and packaging. Installation costs are also included in the price as proposed on the quotation.

For sales to professionals based within the European Union, the Products are invoiced exclusive of VAT, subject to the transmission of the Buyer’s intra-Community VAT number.

Unless otherwise stated at the time of order placement, deliveries are made using the DAP Incoterm, thus, formalities and costs related to importation such as import duties and taxes are at the charge of the Buyer.

Prices and economic conditions (e.g. discounts) are firm and not subject to revision during their period of validity, as indicated by the Supplier and by default within a limited period of thirty (30) days.

Particular pricing conditions may be applied according to the specificities requested by the Purchaser concerning, for instance, the delivery terms and deadlines, or the payment terms and conditions. In that case, a special commercial offer will be sent to the Purchaser by the Supplier.

ARTICLE 3 – Terms of payment

Unless otherwise agreed in writing between the Parties, the Products shall be paid in full at the time the order is placed.

Seller reserves the right not to proceed with the manufacture of the Product until full payment has been received from Buyer.

The following payment methods can be used:

by SEPA bank transfer scheme
by all the payment methods proposed on the website

All bank transfers must be sent to the Supplier to the following bank account

IBAN Number : FR76 1670 6050 3653 9983 1023 310

SWIFT Code : AGRIFRPP867

Bank name : CREDIT AGRICOLE NORD DE FRANCE

Any bank fees related to the transfer for the payment of the invoices are to be paid by the Buyer.

Payments made by the Buyer shall only be considered complete after the Supplier has effectively received the sums due.

In the event of cancellation of the order or termination of the contract by the Buyer, for any reason whatsoever, Seller retains 50% of the total amount of the Order.

In the event of a written agreement between the Parties providing for payment terms different from those indicated above, the following rules may be applied:

In the event of late payment and payment of the sums due by the Purchaser beyond the period set forth above, and after the payment date appearing on the invoice sent to the Buyer, late payment penalties shall automatically and legally be due to the Supplier, without any formality or prior notice of default, and calculated on the basis of the rate applied by the European Central Bank to its most recent financing operation, increased by ten percentage points, but not less than three times the legal interest rate.

In the event of non-compliance with the above-mentioned terms of payment, the Supplier also reserves the right to cancel the sale.

Except with the express, prior and written agreement of the Supplier, and provided that the reciprocal claims and debts are certain, liquid and due, no compensation may be validly made between any penalties for late delivery or non-conformity of the Products ordered by the Purchaser on the one hand, and the sums owed by the latter to the Supplier for the purchase of said Products on the other hand.

A fixed compensation for collection costs, of an amount of 40 euros, shall be due, automatically and without prior notice, by the Buyer in the event of late payment. The Supplier reserves the right to request additional compensation from the Supplier if the collection costs actually incurred exceed this amount, upon presentation of supporting documents.

ARTICLE 4 – Discounts and Rebates

The Vendor may grant the Buyer price reductions, discounts and rebates based on the number of Products available or on the frequency of the orders, according to the conditions set forth in a specific written agreement by the Supplier.

ARTICLE 5 – Deliveries – Reception

5.1. Terms of delivery

Delivery shall be made to the address indicated on the initial quotation sent to the Purchaser and the Products shall travel at the risk of the Vendor to the place of delivery determined by the Parties on the quotation and the invoice and in accordance with the Incoterms ® 2020 rule chosen by the Parties and by default under the DAP Incoterm for deliveries outside metropolitan France.

In the event that delivery is impossible due to an error in the address indicated by the Buyer, the Supplier shall contact the Buyer as soon as possible in order to obtain a new delivery address and any additional delivery costs shall be borne by the Buyer.

The Supplier undertakes to provide all material and human efforts to deliver the Products as soon as possible. These may vary depending on the geographical area of the Purchaser, the delivery method chosen or the Product ordered.

The delivery times indicated at the time of placing the order do not constitute a strict deadline and the Supplier shall not be held liable in the event of a delay in delivery of less than 60 days.

Moreover, the delivery periods only start to run from the effective collection of the sums due.

In the event of a delay of more than 60 days, the Buyer may only request the cancellation of the sale. The amounts already paid will then be returned to him by the Supplier.

The Supplier shall not be held liable in the event of delay or suspension of delivery attributable to the Purchaser or in the event of force majeure.

5.2. Approval of delivery – defects of conformity

The Buyer is required to check the apparent condition of the Products upon receive of the Products. If the Buyer detects an apparent lack of conformity of the order or the Products upon receipt of the Products:

 The Buyer must express his precise and well-founded reservations at the moment of the reception on the shipping order and ;

 The Buyer has :

 three (3) days for sales made in metropolitan France, in accordance with Article L-133-3 of the Commercial Code, to send a registered letter with acknowledgment of receipt to the Supplier;

 three (3) days for sales made outside metropolitan France to send an email with a confirmation of reading to the Supplier.

Concerning the non-apparent defects of conformity of the delivered Product, these must be materialized by sending an email with a confirmation of reading to the Seller within three (3) days as from the reception of the Products.

It shall be the Buyer’s responsibility to provide any justification as to the reality of the apparent defects or lack mentioned as reservations. The Purchaser must allow to the Supplier all facility to proceed with the detection of such defects and shall refrain from repairing the Products without the prior written approval of the Supplier.

The Products cannot be subject to a claim for non-conformity based on the characteristics of the raw materials and in particular by taking into account the disparities of color with respect to the metallic parts of the Products or of the wood or the specificities of the wood such as knots and natural formed cracks.

In case of apparent defect or non-conformity of the Products duly noted by the Supplier in the conditions/conditions provided for above, the Supplier shall replace as soon as possible and at its own expense, the delivered Products whose lack of conformity has been duly proved by the Purchaser. No return of goods shall be accepted without the prior agreement of the Supplier. Any non-conforming Product must be returned in its original packaging, accompanied by a copy of the invoice and any other document that may have been provided.

It is important to check that the furniture ordered can be delivered to the address mentioned by the Client. If the Client’s customer lives in a specific area or one that is difficult to access (impassable stairwell and/or too narrow a lift, etc.) without it having been specified in advance, the delivery may be overcharged or cancelled. If you have any doubts, the Seller needs to be notified in order to find a suitable delivery solution.

ARTICLE 6 – Transfer of ownership – Transfer of risks

6-1. Transfer of ownership – ownership reserve clause

The Vendor retains the ownership of the material and the equipment sold until the effective payment of the entire amount.

The Buyer can neither sell, nor modify the material or the equipment before full payment of the invoice.

In the event of subsequent sale, the Vendor retains the possibility of claiming the price of the Products held by the sub-purchaser.

Retention of title shall be carried forward to the proceeds of the sale.

The Vendor will be able to exercise its rights under the present clause of property reserve, and in accordance with the specific legislative and regulatory provisions relating to the territory on which the good concerned is located. For any of its claims with respect to the Products in possession of the Buyer, the latter will be contractually presumed to be unpaid. The Vendor shall be entitled to take them back or to claim them as compensation for all its unpaid invoices, without prejudice to its right to cancel the ongoing sales.

In the event of a judicial administration or a judicial liquidation of the company of the Buyer, the latter must immediately inform the Vendor and he will be able to claim the property of the transferred goods.

It is specified that the non-payment of any of the due dates may result in the claim of the Products.

6-2. Transfer of risks

For deliveries in metropolitan France:

The Products are packaged and guaranteed until their installation at the place of delivery as agreed by the Parties.

In the event of transport not desired by the Seller and organized by the Buyer himself, the material is removed from the Seller’s premises and travels at the Buyer’s risk.

For deliveries outside metropolitan France:

The transfer of risk shall take place in accordance with the Incoterms ® 2020 rules as defined between the Parties in the quotation and, by default, under the DAP Incoterm, under which the transfer of risk shall take place upon receipt of the goods by Buyer before unloading, at the place of delivery in the country of destination of the Products.

ARTICLE 7 – Responsibility of the Supplier – Guarantee

7.1. Legal warranty of the Products against hidden defects

In accordance with Article 1641 of the Civil Code, the Products delivered by the Supplier benefit from a legal warranty against hidden defects, as of the date of delivery, resulting from a defect in raw materials, design or manufacture affecting the Products delivered and rendering them unfit for the use for which they are intended.

The warranty forms an inseparable whole with the Product sold by the Supplier.

This warranty is limited to the replacement, repair or reimbursement of non-conforming Products or products affected by a hidden defect.

In accordance with Article 1648 paragraph 1 of the Civil Code, in order to assert its rights, the Purchaser shall, under penalty of forfeiture of any action relating thereto, inform the Supplier, in writing, of the existence of the defects within a maximum period of 2 years from their discovery.

The Supplier shall replace or repair the Products or parts that are found to be defective under this warranty. This warranty also covers labor costs and transportation costs but shall not be liable for any costs related to the handling, assembly and disassembly of the Products and any additional costs.

The replacement of defective Products or parts shall not extend the duration of the above warranty.

7.2. Exclusion of guarantee

Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in case of abnormal wear of the Product, in case of use in conditions different from those for which the Products were manufactured or in case of force majeure.

It does not apply either in case of deterioration or accident resulting from shock, fall, negligence, lack of supervision or maintenance, or in case of transformation of the Product.

The visual characteristics of the raw materials and ultimately of the Products may evolve and thus the Products may encounter one of the following situations, without the Supplier’s guarantee being engaged :

appearance of mold stains if the Products are left in a closed and non-ventilated place with high humidity;
change in color or appearance of cracks and fissures depending on the climatic conditions to which the Products are subjected (e.g. bad weather, humidity, dryness, exposure to UV rays);
swelling and enlargement of cracks of ± 3% of the Products if they are exposed to water or humidity, dryness or frost ;
the separation of light wood particles that can create splinters.

ARTICLE 8 – Protection of personal data

The Supplier undertakes not to disclose to any other company the personal data collected during the registration of its buyers. The only purpose of the personal data collected is to allow the realization and management of the order and delivery, and also the administrative and commercial management of the customer relationship (e.g. commercial prospecting, commercial operations, settlement of unpaid invoices).

In accordance with the Data Protection Act of January 6, 1978 (amended) and the General Data Protection Regulation, the Buyer has a right to access, rectify, portability and deletion of his personal data. The Buyer may also object to the processing of his personal data. If the Buyer wishes to exercise this right, he can write to Tourcoing (59200), 60 Chaussée Albert Einstein or send an email at the following address : contact@oakame.com, indicating his/her name, first name, address, email and, if possible, the buyer’s reference in order to speed up the processing of his/her request.

The personal data collected from the Buyers are subject to computer processing by the Supplier. They are recorded in its buyer file and are essential to the processing of the order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.

The data controller is the Supplier. Access to personal data will be strictly limited to the employees of the data controller, who are authorized to process them by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the authorization of the Purchaser being necessary.

Apart from the cases set out above, the Supplier shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Purchaser, unless compelled to do so for a legitimate reason.

ARTICLE 9 – Force majeure

ARTICLE 10 – Termination of the contract

10.1. Termination for force majeure

Termination by right for reasons of force majeure may only take place 30 days after a letter of formal notice has been sent by registered letter with acknowledgement of receipt or by any extrajudicial act. This letter of formal notice may only be sent 30 days after the date of commencement of the event causing the force majeure.

10.2. Termination for failure of a party to meet its obligations

In the event of non-compliance by either Party with its obligations as provided below

the non-payment on the due date of the Products ordered by the Buyer ;
failure to comply with the conditions relating to the methods of payment;
the non-payment of a previous order.

This list is not exhaustive.

the Sale may be terminated at the discretion of the injured party.

10.3. Provisions common to all cases of termination

In any aforementioned cases, the injured Party may request before the court the granting of damages.

ARTICLE 11 – Intellectual Property

The brand, the logo, and the graphic design of the Vendor’s website are registered trademarks at the NIIP (the French National Institute of Intellectual Property) and works of the mind protected under the copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.

The Supplier shall remain the exclusive owner of all intellectual property rights on the Products, photographies, presentations, surveys, drawings, models, prototypes, etc., made (even at the request of the Buyer) for the purpose of supplying the Products to the Buyer.

The Buyer shall therefore refrain from reproducing or exploiting said photographies, presentations, surveys, drawings, models and prototypes, etc., without the express, written and prior authorization of the Supplier, which may be conditional upon a financial consideration.

ARTICLE 12 – Disputes

In the event of a dispute relating to these obligations, the Parties shall apply the following procedures:

In the first instance, the Parties undertake to use their best efforts to seek an amicable settlement of their dispute;
If no amicable solution has been found within 30 days, the Parties may decide:
to submit any dispute arising out of or relating to this contract to the Commercial Court of LILLE METROPOLE, unless the Supplier decides :
to submit any dispute arising out of or relating to this contract to an attempt at mediation, in accordance with the mediation rules of the CAREN or the International Chamber of Commerce depending on the territoriality of the dispute.
in the event that mediation fails, to have any dispute arising out of or relating to this contract settled by arbitration in accordance with the CAREN, or ICC arbitration Rules, depending on the institution that has been chosen for the mediation procedure.

ARTICLE 13 – Applicable law – Language of the contract of sale

By express agreement between the parties, the present General Conditions of Sale and the purchase and sale operations resulting from them are governed by French law.

They are initially written in French and in the event of a dispute the French version shall prevail.

ARTICLE 14 – Acceptance by the Buyer

The present general conditions of sale are expressly approved and accepted by the Buyer, who declares and acknowledges having a perfect knowledge of them, and thus renounce the right to make any form of claim based on any contradictory document notably his own general conditions of purchase.

For any
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A personalized project or specific request