General Terms of Sales
Overview
The terms of these general conditions of sale starting with a capital letter have the meaning given to them in clause 14 below entitled “Definitions”.
These general conditions of sale apply to all Products sold by the Company on the Website, in-store or by electronic transmission.
The Company’s Customer acknowledges unreservedly accepting these general conditions of sale as soon as they are checked, by means of an electronic click, prior to placing the Order or filling out our forms in store upon delivery of goods.
These general conditions of sale as well as the Order Confirmation constitute the Contract between the Company and the Customer for the supply of the Products. All other general conditions will not apply.
The Contract may only be modified if the Company agrees to modify it in writing or by email.
The information contained in advertisements, brochures, or any other written documents provided directly by agents or employees of the Company and/or distributed or communicated on any media and in particular via the internet constitute an invitation to enter into discussions and has no contractual value.
1. Legal information
STUART OKOMA LTD T/A USANG USANG
contact@valeur.co.nz
2. Pre-contractual information
As the product we distribute are manufactured in Europe, we rely on information supplied to us by the international company, the information about the products can be found in our catalogue and training manual which we supply to retail stores. A description of each product listed on the catalogue is also provided on the website.
No second-hand Products are sold by the Company on the Website or to the retail stores. All our products are well packaged in its original packaging with a company seal. We confirm that our company only sales 100ml, 50 ml and 14ml perfume. We also sell 200g Candle and 100ml dry body oil. Should you purchase any other bottles in store or online that does not come in this ml, it is not from us and may be old stock from previous retailers or wholesalers. Contact the store where you made your purchase for any information relating to your purchase. We refute any claims from customers of any products not sold or supplied by us.
The photographs, graphics and descriptions of the products offered for sale are only indicative and in no way imply ABSOLUTE VALUE. Customers can obtain additional information by contacting Customer Service.
In the event of a manifest error between the characteristics of the articles and their representation, STUART OKOMA LTD cannot be held liable.
By checking these general conditions of sale, the Customer acknowledges:
To be a full decision-maker or have authorization from the authorized person before committing to an Order placed with the Company;
having read, in addition to the information contained in these general conditions, information on the essential characteristics of the Products which is ordered; this information is contained in the catalogue and training manual supplied. These general terms of sale should be read alongside our privacy policy and refund policy provided on our website at https://valeur.co.nz. In any case, the Customer has the possibility of contacting the Company by email in order to obtain additional information on the Products presented on the Website.
3. Order
3.1 Taking the Order
The customer can only place an order via the website and retailers must fill out a PO and send it to us by email to place a bulk order AND must confirm that they have read our general terms of sale, refund policy and privacy policy.
The Company also draws the Customer’s attention to the fact that, if the information entered incorrectly or incompletely (in particular the address of the recipient) when ordering online is likely to lead to errors in the execution of the order. Order (particularly in its delivery) which cannot under any circumstances be attributed to the Company.
The Customer must accurately verify the Product(s) ordered, the quantities ordered, as well as the shipping location of the Order.
3.2 Order Confirmation
If the Company accepts the Order, it notifies its acceptance by issuing an Order Confirmation addressed to the Customer at their email address.
The sale will only be considered final after the customer has been sent confirmation of the order by the company STUART OKOMA LTD, specifying the shipment of the items. Only shipped items will be charged with shipping costs.
The Company reserves the right to refuse any Order from a Customer for a legitimate reason, in accordance with current legislation.
It is therefore entitled to refuse any order or order placed in bad faith. In addition, the Company will be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order with STUART OKOMA LTD, or from any other merchant.
3.3.1 Cancellation of the Order by the Company
An Order may always be cancelled by the Company in the event of:
– unavailability of the Product(s) ordered for which a Service order has been placed;
– failure of the Customer to pay the Order Price within the allotted time, as specified in clause 5.1 below.
– force majeure (in particular: unforeseeable delay in deliveries or defective deliveries from suppliers).
Case of unavailability of the Product(s) ordered
Although the Company will make every effort to provide the Products mentioned in the Order Confirmation, it may nevertheless be unable to provide the Customer with the Products ordered because, for example, significant fluctuations stocks do not ensure absolute availability.
3.3.2 Cancellation of the Order by the Customer
An Order may be cancelled by the Customer in the event of:
– lack of conformity in kind of the Product(s) delivered to the Customer, claimed under the conditions referred to in clause 6.6 below;
– exercise by the Customer of his legal right of withdrawal, as indicated in clause 7.1below;
3.4 Consequences of Cancellation of the Order
In the event of cancellation of the Order for the reasons set out in clause 3.3.1 and 3.3.2 above:
– payments already made by the Customer and collected by the Company will be reimbursed by a refund to the bank account details from which payment was made or alternative payment methods as advised by the customer to the exclusion of any other compensation or damages, in accordance with the Consumer Guarantee Acts or Fair-Trading Act. i.e., within a maximum period of thirty (30) days from the day following that on which the Customer transmitted their Order;
– return costs will be due by the Customer in accordance with the provisions of clause 6 below.
4. Price
4.1 Price List
The Sales Price of a Product is freely determined by the Company; it can vary at any time, up or down.
The Company will endeavour to reflect as quickly as possible all fluctuations in the Price of the Products offered for sale, by updating the references on the Website https://valeur.co.nz as regularly as possible.
In all cases, the Price invoiced to the Customer will be that in force at the time of the Order, as it appears on that date on the Website, subject to availability of the products ordered at that time.
The Price is stipulated on the Website and expressed in NZD, all taxes included, including shipping costs.
4.2 Invoices
The Total Price of the Order (including tax), including the additional delivery costs referred to respectively in clause 3.1 above, will be shown on the Invoice established by the Company after its Order Confirmation; the Invoice will be made available to the Customer on the Website, via their personal account. In the case of the retailer, this would be notified by email if order placed by email.
4.3: Reservation of title
Until effective and full payment of the price, the Company remains the owner of the Product(s) sold. Full payment will constitute transfer of ownership; however, the customer becomes responsible for the items upon delivery, the transfer of possession representing transfer of risks.
5. Payment for Products.
5.1 Payment terms
The Customer can pay for the Products by credit card (Mastercard, visa) or Afterpay. The Customer must pay in NZD.
All payments made on the Site are SECURED. In order to avoid any delay in processing order the Company advises the Customer to enter when placing their Order:
– A valid email address.
In the event of a risk of non-payment on a transaction, the Company reserves the right not to follow through on the Order.
6. Delivery of Products
6.1 Place of delivery
The Company will only deliver the Products to the delivery address indicated on the Order.
The information provided by the Customer on the Order binds the latter: in the event of an error in the wording of the contact details of the recipient of the delivery, the Company cannot be held responsible for the impossibility in which it may be able to deliver the Product(s).
No change of delivery address after payment of the Order will be taken into account for the delivery of the Product(s) ordered. The Customer may nevertheless request, at their own risk, a change of delivery address from
the Carrier. In this case, the Company cannot be held responsible for any delivery errors or loss of packages by the Carrier.
6.2 Delivery time
The Product(s) is (are) usually delivered and/or executed within 3 to 10 working days from the Order (excluding weekends and public holidays).
The delay may be significantly longer for areas that are difficult to access for instance rural areas
.
The time between order registration and initial delivery from the carrier to the address indicated by the customer is the total of 2 parameters:
1.preparation time (24 to 48 hours) = payment, preparation and handling of the order by the carrier.
2.the delivery time of your order by the carrier (48 to 72 hours). An email is sent to the customer as soon as their order leaves our warehouses.
Delivery and shipping dates are given for information only, without contractual obligation.
However, in the event of an unforeseen shipping delay, an email will be sent to the Customer.
6.3 Partial delivery
A Customer who has placed an Order for several Products may, in the event of unavailability of one or more Products on the date the Order is shipped, only be delivered Products available on that date.
In this case, the Company will reimburse the Customer for the price of the undelivered Product.
6.4 Transfer of risks
The risks relating to the Products will be transferred upon delivery of the Products.
6.5 Receipt of Products
Delivery will be made by a Carrier and materialized by a paper or electronic receipt document, entitled Delivery Note, signed by the Customer and/or any other recipient indicated by the Customer in the Order.
In the event of transport damage, non-compliance with the Order of the Product(s) delivered, brought to the prior knowledge of the Company under the conditions referred to in article 7.1 below, the recipient must very precisely mention its reservations, upon receipt, directly on the Delivery Note.
In this regard, it is the Customer’s responsibility to check the content, conformity and condition of the Product(s) upon delivery.
This verification is deemed to have been carried out once the Customer, or a person authorized by the customer, has signed the Delivery Note presented by the Carrier.
Only a subsequent claim for lack of conformity in kind of the Product(s) delivered will be possible, made under the conditions of clause 6.6 below.
If anomalies are actually noted by the Company, the Customer’s Order will be cancelled, and will carry the consequences referred to in clause 3.4 above, it being specified that no return costs will be due by the Customer with regard to the recovery immediate delivery of the Product(s) by the Carrier.
The Customer will have to place a new Order if he wishes a new delivery.
6 Complaint
If the Products delivered do not conform in kind to the Order (incorrect reference), the Customer who has not expressed reservations on the Delivery Note must, under penalty of nullity, formulate his complaint to the Company by email at the latest late 7 (seven) Working days after the delivery date, specifying:
– the Order number;
– the reference(s) and quantity of the Product(s) ordered;
– the reference(s) of the Product(s) received – the exact reason for the complaint,
If the lack of conformity in kind is actually noted by the Company, the Customer’s Order will be cancelled, and will carry the consequences referred to in clause 3.4 above and 7.2 below.
The Customer will have to place a new Order if the customer wishes to be delivered again.
7. Customer’s right to return the Products
7.1 Legal right of withdrawal
The customer has a period of seven (7) days to inform STUART OKOMA LTD of customers wish to withdraw, from the day of receipt of the order. The customer, to exercise this right of withdrawal, must within this period inform STUART OKOMA LTD of its decision to withdraw by email to contact@valeur.co.nz . The customer must then return, at their own expense, the Product(s) in their original packaging(s), no later than seven (7) days following the email on the site concerning their withdrawal. If the conditions mentioned are met, STAURT OKOMA LTD will reimburse the customer the entire amount paid by the customer as soon as possible, at the latest within thirty (30) days from the date of delivery of the Product(s). (s) concerned. STUART OKOMA LTD reserves the right to defer reimbursement until recovery of the Product(s). In any event, reimbursement of the price of the Product(s) ordered, delivered then returned(s) will only be made provided that the Product(s) returned(s) have been inspected and judged to be complete and in good condition by STUART OKOMA LTD.
The return costs of the returned Product(s) are the responsibility of the Buyer.
In addition, please also refer to our refund policy on our website at https://valeur.co.nz
7.2 Return of Products attributable to non-compliant delivery of the Products
In the event of non-compliance in kind with the delivery of the Product(s) ordered, the Customer, having sent his complaint to the Company under the conditions referred to in clause 6.6 above, may s) return to the Company if he has obtained authorization to do so under the conditions provided for in said clause 6.6.
7.3 Change of mind after delivery of goods
Change of mind after delivery of goods will incur a 20% restock cost, which is 20 percent of the total invoice of the order including GST. This is not applicable to online customers, please refer to our refund policy on our website at https://valeur.co.nz
STUART OKOMA LTD may at its discretion agree to accept standard stock product returns from Customer. Such standard stock products must be in its original condition and with our company seal to allow for resale. STUART OKOMA LTD reserves the right to charge a restocking fee of a minimum of twenty percent (20%) of the selling price including GST on the total cost of the invoice issued. The customer shall also be responsible for the payment of all shipping charges for the returned product.
There will be a restocking fee applied to any store that returns items that were ordered and delivered or with carrier to be delivered.
7.4 Payment terms
7.5 Payment terms are 7 days from the day of delivery of goods and must be paid to the company’s account supplied within that period. The company will issue the invoice to customer for payment.
8. Warranty
The products offered by the Company comply with current European legislation and the standards applicable in Europe.
9. Liability
9.1 If the Customer is a non-professional Consumer, nothing in these general conditions can limit or exclude the liability of the Company for a failure to fulfil any of its obligations under a legal provision of public order.
9.2 If the Customer is a Professional Consumer:
(1) These general conditions describe all of the obligations and responsibilities of the Company regarding the supply of the Products;
(2) The only obligations and guarantees incumbent on the Company are those expressly set out in these general conditions, to the exclusion of all other guarantees and/or obligations;
(3) The Company will not be responsible if the Products do not meet the Customer’s needs.
9.3 The Company will not be liable in the event of loss of income, loss of profits, loss of contracts, loss of data as well as for any other indirect or consequential damage, even if caused by its fault (including negligence).
The Company’s total liability is capped, whatever its basis, at the amount paid by the Customer for the Product(s) in question.
10. Force majeure
The following cases will be considered in particular as force majeure: wars, lockouts, riots, strikes, natural disasters, pandemics and more generally those recognized by the jurisprudence of the courts and tribunals in accordance with their unpredictable, irresistible nature. and exterior.
The Company will not be held responsible for the non-performance of any of its contractual obligations to the extent that this lack of performance is due to a case of force majeure and this event could not be reasonably foreseen, nor avoided or overcome.
11. Applicable law
The general conditions of sale would be governed by the applicable legislations in NZ. It is subject to the Consumer Guarantee Acts and Fair-trading Acts which regulates consumer rights and protection This is applicable to individual customers and retailers in any dispute.
12. General provisions
12.1 All of the provisions of these general conditions constitute the entire agreement between the Company and the Client (hereinafter the “Contract”) with regard to its subject matter, and replace and cancel all declarations, negotiations, commitments, oral or written communications, acceptances, understandings and prior agreements between the Parties, relating to the provisions to which this contract applies or which it provides.
12.2 The fact that one or the other Party, on one or more occasions, does not take advantage of one or more provisions of the Contract, may in no case imply the waiver by that Party of taking advantage of it. later.
12.3 If one of the provisions of the Contract proves to be contrary to an applicable law or regulation, this provision will be deemed to be waived, without this affecting the validity of the other provisions of the Contract.
12.4 Any modification of the Contract will be the subject of a written amendment concluded by mutual agreement between the Parties.
13. Data protection
The customer, by placing an Order, the Customer agrees that the Company may store, process and use the data collected from the customer Order to process the customer’s Order. Some of this information may be transferred to the companies involved in the delivery of the Products.
The Customer agrees that he authorizes the Company to send him commercial solicitations by email concerning its Products or Services. Please refer to our privacy policy on our website at https://valeur.co.nz
If the customer no longer wishes to receive such information, he or she may request this by specifying this by e-mail or unsubscribing to our Newsletter or other means by which information may be stored.
13.1 Use of our website
13.2 By using, viewing, clicking or browsing our website you agree to the terms of use of our website to include cookies stored on the website, information collection and advertisement. This is in addition to our privacy policies available for reading on our website at https://valeur.co.nz
13.3 You must not copy, use any images or information on our website without express permission, our website is subject to copywrite.
13.4 Communication
13.5 We prefer communication by email rather than a phone call to keep track of communication between our company and customer.
14. Definitions
“Company” means the Company STUART OKOMA LTD T/A USANG USANG contact@valeur.co.nz;
“Order” means the electronic order form appearing on the Website placed by the Customer in accordance with the provisions of these general conditions;
“Customer” means a non-professional consumer who purchases Products from the Company (number of products limited to 10 units per order);
“Order Confirmation” means the order confirmation that the Company issues to notify the Customer of the acceptance of their Order;
“Non-professional consumer” means a customer who purchases Products and/or Services for needs other than those of his professional activity;
“Contract” means the contractual whole consisting of these general conditions and the Order Confirmation;
“Invoice” means the invoice issued by the Company for payment of the price of the Products;
“Business Day” means any day other than a Saturday or Sunday or a public holiday;
“Order Number” means the order number issued by the Company to the Customer;
“Party(ies)” means the Client and/or the Company;
“Price” means the price of the Product(s) purchased by the Customer from the Company, as defined in article 4 of these general conditions of sale;
“Products” means the products available on the Website that the Company agrees to deliver under these general conditions and may include Services;
“Site or Website” means our website, available at https://valeur.co.nz designed to accommodate consumer orders
“Carrier” means any carrier responsible for the delivery of the Product(s) ordered, namely, as the case may be, in particular: Aramex, NZ POST, NZ Couriers, DHL
15. Company Contacts Details
STUART OKOMA LTD
Contact email: contact@valeur.co.nz