General terms and conditions of sales

GENERAL TERMS AND CONDITIONS OF SALE

 

Applicable from 1^st April, 2023

 

These General Terms and Conditions of Sale (“GTC”) are concluded by and between, on the one hand, the company ORECA SAS, with a share capital of 3 694 240 euros, registered with the Registre du Commerce et des Sociétés of Toulon (France) under number 302 045 794, whose registered office is at Parc d’activités du Plateau de Signes, 83870 Signes, (“ORECA”), and on the other hand, by any consumer pursuant article L. 221-18 of the French Consumer Code, natural person acting on his own behalf (“Consumer”), making a purchase via the website lifestyle.citroen.com (“Website”).

The Customer declares to be of legal age or hold parental permission, and to have the legal capacity to contract, allowing him to place an order on the Website or by any other available means.

 

ORECA has all the rights necessary for the marketing and distribution of CITROËN products on the Website. Any sale to legal persons is excluded.

 

For any questions regarding an online, the ORECA Customer Relations Centre (“Customer Service”) can be reached :

• At +33 (0)4 83 77 11 36 from 9:00 AM to 6:30 PM, Monday through Friday, with the exception of public holidays,
• From the “My account” section available on the Website,
• in writing by email to citroen-lifestyle@oreca.fr,
• by mail : Boutique CITROËN chez ORECA SAS - BP 706 - 83030 Toulon Cedex 09.

The parties agree that their relation will be governed exclusively by these GTC which are those in force on the Website on the purchase date.

These GTC are subject to change any time publishing a new version on the Website.

 

I. ORDER

1.1 The order validation implies acceptance without restriction or condition of these GTC. 1.2 The Customer receives an acknowledgement of receipt as confirmation of the order which will be sent by email. 1.3 Pursuant to article L. 122-1 of the French Consumer Code, ORECA may refuse the order if it is abnormal, made in bad faith or for any other legitimate reason, including without limitation, in case of a claim or dispute with the Customer regarding the payment of a previous order.

 

II. PRICE

2.1 The sales prices of the products are the prices indicated on the Website on the purchase date. The validity period of the offers and prices is determined by the updating of the Website. 2.2 The prices indicated on the Website are subject to change without prior notice. ORECA shall not be held liable for such change in particular in case of change in the VAT rate or in case of manifest error on the price, the product or the discount. 2.3 Prices are expressed in euros tax included (“VAT”), French VAT, excluding shipping costs and custom fees (“Ex Works”). Therefore, the payment is made in euros and any additional costs related to currency fluctuations and banking operations are entirely at the customer's expense. The telecommunication costs inherent to the access of the Website remain the exclusive responsibility of the Customer.

 

III. PRODUCTS MODIFICATIONS

3.1 The visuals, technical specifications and photos displayed in our commercial documentation and Website are given for illustrative purposes only. They are subject to change without prior notice. 3.2 The deletion or modification made by ORECA’s suppliers to products ordered by the Customer allows ORECA to cancel the order placed by a Customer without the Customer’s consent, unless such Customer agrees to modify the order.

 

IV. DELIVERY TIME

4.1 The Customer selects one of the delivery modes proposed on the Website in the course of the ordering process. The Customer shall be the sole responsible in case of a failure to deliver due to an error in the address of delivery. 4.2 The amount of the delivery charges, shown before the validation of the order, depends on the delivery mode chosen by the Customer. 4.3 ORECA commits to deliver the products within 2 (two) months from the date of order, subject to due completion by our provider of the ordered products by our supplier. The Customer receives confirmation of the dispatch of the order by email. Delivery terms are expressed in working days. Delivery times are given as an indication only, and do not constitute a commitment on the part of ORECA. 4.4 In the case that delivery time exceeds the length above mentioned, the Customer may request the cancellation of the order and claim reimbursement. For this purpose, once the 2 (two) months period has passed, the Customer must send an unambiguous statement of his intention to cancel his order to the Custom Service. 4.5 Upon receipt of the order at the destination, it is the Customer's responsibility to check the condition of the packaging and the products in the presence of the carrier to ensure that there is no damage. In case of anomaly (damaged packaging, missing, damaged or broken products), it is up to the Customer to issue the necessary reserves and claims, or even to refuse the package containing the order when it is obviously damaged upon delivery. Moreover, the Customer will have a period of 3 (three) working days to notify ORECA via the claim form on the Site with a photo to show the anomaly. Failure to report within the above time limit will extinguish any claim. 4.6 Delivery, customs and return costs will be charged to the Customer even in case of refusal to accept the order, with the exception of cases of refusal for damaged packages.

 

V. RETURNS

5.1 The Customer shall have a period of 14 (fourteen) calendar days from the date of delivery of the ordered products to exercise his or her withdrawal right. The Customer shall send to the Customer Service either by the claim form available on the Website or by an unequivocal notification to Customer Service, expressing its willingness to retract according to the model below. Return fees shall be borne by the Customer.

 

For the attention of Customer Service Boutique CITROËN - Chez ORECA

BP 706

83030 Toulon Cedex

citroen-lifestyle@oreca.fr

Dear Madam, Sir,

I hereby notify herewith the withdrawal from the contract for the sale below:

• Order’s number (mentioned under the section « My account » of the shop):
• Returned Product;
• Ordered the / Received the:
• Name of the customer:
• Email address of the customer:
• Postal address:

                Date and Signature

 

5.2 ORECA offers the possibility to the Customer to return the ordered products for a refund, within 30 (thirty) calendar days from the delivery date, provided that the returned products are in a new, undamaged condition and in their original packaging. If these conditions are not respected, that the product has been used or that the deadline has not been respected, then no refund will be made. Beyond this period, no product will be refunded. The customer will be responsible for the entire cost of returning the products ordered. 5.3 Nonetheless, no return provided by the articles 6.1 and 6.2 shall be accepted in the case of specific order regarding products which are not in stock, custom made, customised and/or ordered specially for the Customer. 5.4 The returns must be followed by the merchandise authorization number received from the Customer Service on the day of the claim.  The top portion of the return form (‘bon de retour’) must be visible on the exterior of your return parcel, and the bottom portion must be included within the parcel. Any return not stating or not ascertaining the return merchandize number shall not be treated by our services and will be available for pick up from our warehouse. 5.5 If the product is not returned in its original condition with its packaging, ORECA reserves the right to retain a minimum of 20% (twenty percent) of the price of said products for storage, packing or/and reconditioning. Furthermore, for the returns provided for in article 5.2, ORCA reserves the right to refuse the refund if the products are not returned in their original condition. In this case, if the Customer wishes to recover the said products, they will have to pay the return costs.

 

VI. GUARANTEE

6.1 The consumer shall have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. 6.2 The legal guarantee of conformity entails an obligation on the part of the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods. 6.3 The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of his request, free of charge and without any major inconvenience to him. 6.4 If the goods are repaired under the legal guarantee of conformity, the consumer shall benefit from an extension of the initial guarantee for six months. 6.5 If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity shall be renewed for a period of two years from the date of replacement of the good. 6.6 The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by being reimbursed in full in return for the return of the good, if : 1° the trader refuses to repair or replace the goods; 2° the repair or replacement of the goods takes place after a period of thirty days; 3° the repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods; 4° the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity 6.7 The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand. 6.8 The consumer is not entitled to rescind the contract if the lack of conformity is minor. 6.9 Any period of immobilisation of the goods for the purpose of repair or replacement shall suspend the guarantee that was still running until the delivery of the repaired goods. 6.10 The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. 6.11 A seller who obstructs the implementation of the legal guarantee of conformity in bad faith shall be liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).6.12 The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in return for the return of the goods.

 

VII. PAYMENTS AND DUE DATES

7.1 The products are payable in cash at the time of the order. 7.2 Means of payment accepted are credit card and PayPal. 7.3 Orders are shipped once payment is cleared. In the case that the payment is not possible, the order shall be immediately terminated as of right. 7.4 Any amount paid by the Customer at the time of order shall be considered by the parties as a deposit. 7.5 If on a credit note, the Customer will receive a credit electronically. The latter issued will be usable from the next order performed by telephone only. This credit has a limited period of 12 (twelve) months as from the issue date. The credit is personal and non-transferable.

 

VIII. INTELLECTUAL PROPERTY

All trademarks, figurative or not, and more generally any and all trademarks, illustrations, images and logotypes appearing on the products, their accessories and packaging, whether registered or not shall remain the exclusive property of AUTOMOBILES CITROEN,Stellantis Auto SAS and/or ORECA. Any reproduction, modification or use of the trademarks, illustrations, images and logotypes, in whole or in part, in any form or on any medium whatsoever, without the prior written consent of AUTOMOBILES CITROEN, Stellantis Auto SAS and/or ORECA is strictly prohibited. The same applies to any combination or conjunction with any other trademark, illustration, image, symbol and/or logotype and more generally any distinctive mark intended to form a logo composite as well as any copyright, design, model and patent which are the property of AUTOMOBILES CITROEN, Stellantis Auto SAS and/or ORECA.

 

IX. PERSONAL DATA

As personal data controller, Stellantis Auto SAS can collect personal data. In accordance with the French Freedom and Information Law of 6 January 1978 and the EU Regulation n°2016/679, the Customer shall have a right to access, rectify and oppose his or her personal data. To exercise this right, the Customer shall send a written request stating his/her name and address to the address privacyrights-citroen@stellantis.com.

PSA Automobile invites you to refer to the Charter of persona data protection available on the Website.

 

X. ACT OF GOD AND FORCE MAJEURE

10.1 ORECA’s obligations shall be suspended in the event of an Act of God or Force Majeure event, such as defined under French Law and caselaw, which would impede or delay the performance thereof. In this case, ORECA shall not be held liable and the Customer shall not be entitled to any damages whatsoever.

10.2 ORECA shall promptly inform the Customer of the existence of an Act of God or Force Majeure event.

10.3 If ORECA’s obligations are suspended for more than 4 (four) consecutive months, the Customer shall have the possibility to cancel the order and ORECA shall reimburse such order.

 

XI. GOVERNING LAW AND COMPETENT JURISDICTION

11.1 Any dispute relating to or arising out of these General Terms and Conditions of Sale shall be submitted to French law to the exclusion of any conflict of laws rules and the 1980 Vienna Convention on International Sales of Goods. 11.2 Any claim arising out between ORECA and a Customer shall be submitted to the commercial courts of Toulon (France). 11.3 In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, ORECA is a member of the FEVAD Ombudsman’s Service (Federation of e-commerce and distance selling) whose contact details are as follows : 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After a prior written approach by consumers to ORECA, the Ombudsman’s Service may be seized on the FEVAD website any consumer dispute that has not been settled.

11.4 The European Commission set up a dispute resolution platform in order to record claims from European consumers related to a purchase online and send them to the competent national mediators :

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

11.5 In case of discrepancy between the French and the English versions of the GTC, the French version shall prevail.