General Terms and Conditions

General terms and conditions of sale

1. OBJECT

The general terms and conditions of sale described below detail the rights and obligations between the company OTA, located at 109 rue Maréchal Joffre 45240 La Ferté Saint Aubin, with a share capital of €10,000, registered with the Trade and Companies Register of Orléans under number siren 813 920 121, (hereinafter referred to as "OTA"), represented by Lusosol, in her capacity as president, duly authorized for the purposes hereof.

Hereinafter referred to as the "Seller". On the one hand,

And the natural or legal person purchasing products from the company,

Hereinafter referred to as "the Client," on the other hand, the following has been stated and agreed upon:

2. PRICE

2.1.
The prices of the goods sold are those in effect on the date the order is placed. They are quoted in euros and are exclusive of tax. Any taxes payable by the Customer under applicable legislation will be passed on to them, as well as any shipping costs where applicable (see section 2.5).

2.2.
Customs duties, local taxes, import duties, or state taxes may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They are the sole responsibility of the Customer (declarations, payment to the relevant authorities, etc.). The Seller therefore advises the Customer to inquire about these matters with the appropriate local authorities.

2.3.
The Seller reserves the right to modify its prices at any time. However, OTA undertakes to invoice the goods ordered at the prices indicated when the order was registered.

2.4.
Unless otherwise agreed in a quote, items are invoiced based on the rates in effect at the time the order is placed. Prices quoted are exclusive of tax. Any taxes payable by the customer under applicable law will be passed on to them.

2.5.
For deliveries within mainland France, shipping costs will not be charged for any order of €700 or more (excluding VAT). Below this amount, a flat-rate shipping fee of €30 (excluding VAT) will be charged to the customer. For deliveries outside mainland France within the European Union, shipping costs will not be charged for any order of €1,500 or more (excluding VAT). For any order below this amount, the seller will obtain a shipping quote from a carrier, which will be the responsibility of the customer.

3. RETENTION OF TITLE CLAUSE

OTA retains ownership of the goods sold until full payment of the price, including principal and any additional charges. Therefore, if the Customer becomes subject to receivership or liquidation proceedings, OTA reserves the right to reclaim, within the framework of the insolvency proceedings, the goods sold but remaining unpaid.

4. ORDER

4.1.
Orders are firm and final for the Customer. An order will only be validated after payment has been accepted. All orders must be accompanied by a purchase order signed by the customer.

4.2.
Verbal or telephone orders are only considered valid if confirmed in writing by the Seller. Such orders cannot be shipped until the Seller is in possession of the purchase order(s) duly signed by the Customer. Any order, even when taken by representatives or employees, only becomes final upon acceptance by the Seller.

4.3.
Any order not expressly rejected by the Seller within fifteen days of receipt is presumed accepted. Exceptionally, acceptance may also be inferred by the shipment of goods. In the absence of a purchase order signed by the Customer or written confirmation, the delivery note shall be deemed to constitute a valid purchase order and the written sales contract between the Seller and the Customer.

4.4.
The Seller reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order, or total or partial non-payment of a previous order.

4.5.
Any modification or cancellation of an order by the Customer must be notified to the Seller in writing. Such a request will only be considered if it is received by the Seller in writing no later than eight days after receipt of the order confirmation. In the event of a verbal request or one received after the aforementioned deadline, the order in question will normally be delivered and invoiced to the Customer, who will be required to pay for it. Any order cancelled in writing within the contractual timeframe will automatically entitle the Customer to a payment to the Seller, as compensation for the loss incurred, of an indemnity fixed at 15% of the total amount including VAT of the cancelled order.

5. DELIVERY

5.1.
Unless otherwise expressly agreed in writing, delivery to the Customer is deemed to have taken place upon handover of the goods to the first carrier. The Customer assumes full responsibility for receiving the goods.

5.2.
The delivery has been made:

  • either by direct delivery of the goods to the Customer;

  • either by sending a notice of availability at the warehouse to the Client;

  • either at the location indicated by the Customer on the order form.

The delivery time indicated when the order is registered is only an indication and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products will not entitle the Customer to:

  • the award of damages;

  • order cancellation.

5.3.
OTA covers the transport costs in certain specific cases as explained in point 2.5. up to the location indicated when ordering for any order of an amount equal to or greater than €700 Excluding Taxes in metropolitan France.

5.4.
The risk of loss or damage to the goods, as well as the risk of additional costs arising from events occurring after delivery, is transferred from OTA to the Customer upon handover to the first carrier. Therefore, in the event of damage or missing items, the Customer must file all necessary claims and confirm their reservations by extrajudicial means or by registered letter with acknowledgment of receipt to the carrier within two days of receiving the goods.

To be admissible, any claim in the event of damage or missing items must be made by the Customer with specific reservations on the carrier's delivery slip, indicating the nature of the damage observed, the number of missing items, and the reference of the products concerned.

6. PAYMENT

6.1.
Payment is due no later than 30 days net from the invoice date. The invoice is issued no later than the day of delivery. However, OTA reserves the right to require payment in cash upon delivery in the following cases:

  • New customer

  • Delays or other payment incidents previously noted

  • Actual and demonstrable risk of non-payment or insolvency of the Client

6.2.
The price charged is in Euros; payment must be made in Euros. If this is not the case, the amount charged will be determined by applying the exchange rate set by OTA.

6.3.
Every customer will be subject to an account opening and will send to the company OTA an up-to-date K-BIS or their Siret number, their intra-community VAT number, as well as their bank details.

6.4.
In the event of late payment, OTA may suspend all pending orders and claim a late payment penalty equal to three times the legal interest rate. The applicable legal interest rate is that in effect on the date of delivery of the goods. This penalty is calculated on the total amount due, including VAT, and accrues from the payment due date without any prior formal notice being required. In addition to late payment penalties, any sum not paid by its due date will automatically incur a fixed penalty of €40 for recovery costs.

7. FORCE MAJEURE

OTA shall not be held liable for any failure to perform or delay in performing any of its obligations under these terms and conditions of sale if such failure or delay is due to force majeure. For the purposes of this clause, force majeure shall mean any external, unforeseeable, and irresistible event as defined in Article 1148 of the French Civil Code.

8. INTELLECTUAL PROPERTY

Any use of the OTA trademark requires prior written consent. All technical documents provided to the Client remain the exclusive property of OTA and may not be disclosed to any third party. OTA shall not be held liable for any unauthorized use or disclosure, and the Client shall bear all consequences, including financial ones.

9. Personal Data

The information collected within the framework of the business relationship is processed in accordance with the regulations in force relating to the protection of personal data.

The Client has the right to access, rectify, object to, limit and delete their data.

To exercise your rights or access your personal data, please visit our Personal Data page.

10. JURISDICTION

Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be governed by French law. In the absence of an amicable settlement, the dispute shall be brought before the Commercial Court of Paris.