Terms and conditions of sale

Terms and Conditions

 

ARTICLE 1 – SCOPE OF APPLICATION

These Terms and Conditions of Sale (T&Cs) apply, without restriction or reservation, to all sales concluded by CHARCLO 2.0 OÜ with non-professional customers (“Customers” or “The Customer”), wishing to acquire the products offered for sale (“The Products”) on the website https://ozzy-nova.com. The products offered include burkinis.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://ozzy-nova.com, which the Customer is required to review before placing an order.

The choice and purchase of a Product are solely the responsibility of the Customer. Product offers are valid while stocks last, as specified when placing the order.

These T&Cs are accessible at any time on the website https://ozzy-nova.com and will prevail over any other document. The Customer acknowledges having read these T&Cs and accepted them by ticking the box provided for this purpose before proceeding with the online order process on the website https://ozzy-nova.com.

Unless proven otherwise, the data recorded in the Seller’s computer system constitute evidence of all transactions concluded with the Customer.

The Seller’s contact details are as follows:

  • CHARCLO 2.0 OÜ
  • VAT Number: EE102505102
  • Registered office: Narva mnt 5, 10117 Tallinn, Estonia
  • Email: contact@ozzy-nova.com

The Products presented on the website https://ozzy-nova.com are offered for sale to the following territories: France, Belgium, Switzerland, Germany, Spain, Italy, Netherlands, Luxembourg, Austria, and Portugal. In the case of an order to a country other than mainland France, Belgium, Switzerland, Germany, Spain, Italy, Netherlands, Luxembourg, Austria, and Portugal, the Customer is the importer of the Products concerned.

Customs duties or other local taxes or import duties may apply. They will be the responsibility of the Customer.

ARTICLE 2 – PRICE

The Products are provided at the prices in effect as listed on the website https://ozzy-nova.com at the time of order registration by the Seller. The prices are expressed in Euros, including VAT.

Prices take into account any discounts granted by the Seller on the website https://ozzy-nova.com. These prices are fixed and non-revisable during their validity period, but the Seller reserves the right to change prices at any time outside the validity period.

The prices do not include processing, shipping, transportation, and delivery costs, which are billed in addition, according to the conditions stated on the website and calculated before the order is placed. The amount requested from the Customer corresponds to the total purchase price, including these fees.

An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

ARTICLE 3 – ORDERS

It is the Customer’s responsibility to select on the website https://ozzy-nova.com the Products they wish to order, according to the following terms:

Product offers are valid as long as they are visible on the website, subject to stock availability. The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the website https://ozzy-nova.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

Any cancellation of the order by the Customer will only be possible before the Products are delivered (regardless of the provisions regarding the application or not of the legal right of withdrawal).

ARTICLE 4 – PAYMENT TERMS

The price is paid through secure payment, according to the following methods:

  • payment by credit card

The price is paid in full by the Customer on the day the order is placed. Payment data is exchanged in encrypted mode through the protocol defined by the certified payment provider involved in the banking transactions made on the website https://ozzy-nova.com. Payments made by the Customer will only be considered final after the Seller has received the amounts due.

The Seller will not be obliged to deliver the Products ordered by the Customer if the Customer has not paid the full price as indicated above.

ARTICLE 5 – DELIVERIES

Products ordered by the Customer will be delivered in mainland France or in the following areas: France, Belgium, Switzerland. Deliveries take place within 7-12 days to the address provided by the Customer when placing the order on the website.

Delivery constitutes the transfer to the Customer of physical possession or control of the Product. Unless in the case of a special circumstance or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller commits to using its best efforts to deliver the Products ordered by the Customer within the above timeframes. If the Products ordered are not delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled upon the written request of the Customer, in the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the cancellation date of the contract, excluding any indemnity or retention.

If the Customer makes a specific request regarding packaging or transport conditions of the ordered Products, duly accepted by the Seller in writing, the related costs will be subject to an additional specific billing, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. They have a maximum period of 14 days from the delivery to make complaints by email, accompanied by any relevant evidence (e.g., photos). After this period and in the absence of these formalities, the Products will be deemed to be in conformity and free of any apparent defect, and no complaint can be accepted by the Seller.

The Seller will refund or replace, as soon as possible and at their expense, the Products delivered that have defects or non-conformities proven by the Customer, in the conditions provided for in articles L 217-4 and following of the Consumer Code and the present T&Cs.

The transfer of risk of loss and damage will only take place when the Customer physically takes possession of the Products. The Products travel at the Seller’s risk unless the Customer has chosen the carrier. In that case, the risk is transferred when the Product is handed over to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only occur after full payment of the price by the Customer, regardless of the delivery date of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with article L221-18 of the Consumer Code, the Customer has fourteen (14) days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide a reason or pay a penalty, for an exchange or a refund, provided that the Products are returned in their original state and complete (packaging, accessories, instructions, etc.). Damaged, dirty, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on the website or any other unambiguous declaration expressing the desire to withdraw, and notably by mail sent to the Seller’s postal address or by email as indicated in ARTICLE 1 of these T&Cs.

Return shipping costs are borne by the Customer. The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the returned Products under the conditions stated in this article.

ARTICLE 8 – SELLER RESPONSIBILITY – WARRANTIES

The Products provided by the Seller benefit from:

  1. The legal guarantee of conformity for defective, damaged, or non-conforming Products to the order.
  2. The legal warranty against hidden defects arising from a defect in material, design, or manufacturing that affects the delivered Products and makes them unfit for use.

Provisions regarding legal warranties:

  • Article L217-4 of the Consumer Code: “The seller is obliged to deliver a product that conforms to the contract and is responsible for any defects of conformity existing at the time of delivery.”
  • Article L217-5 of the Consumer Code: “The product conforms to the contract if it is suitable for the normal use expected of such a product and, where applicable, if it matches the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model.”
  • Article L217-12 of the Consumer Code: “The action resulting from a lack of conformity is prescribed within two years from the delivery of the good.”
  • Article 1641 of the Civil Code: “The seller is liable for hidden defects in the goods sold that make them unfit for their intended use, or that reduce their use so much that the buyer would not have bought them, or would have given a lower price, had they known about them.”
  • Article 1648 paragraph 1 of the Civil Code: “The action resulting from hidden defects must be brought by the buyer within two years of discovering the defect.”
  • Article L217-16 of the Consumer Code: “When the buyer asks the seller, during the commercial warranty granted during the acquisition or repair of movable goods, for a remedy covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty remaining to run.”

To enforce their rights, the Customer must inform the Seller, in writing (by email or mail), of the non-conformity of the Products or the existence of hidden defects from the moment they are discovered. The Seller will refund, replace, or repair the Products or parts under warranty that are deemed non-conforming or defective. The shipping costs will be reimbursed based on the charged rates, and the return costs will be reimbursed upon presentation of proof.

Refunds, replacements, or repairs of non-conforming or defective Products will be done as soon as possible and no later than 14 days after the Seller’s acknowledgment of the defect or non-conformity. This refund may be made by bank transfer or cheque.

The Seller’s liability will not be engaged in the following cases:

  • non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to verify;
  • misuse, professional use, negligence, or lack of maintenance by the Customer, such as normal wear and tear, accidents, or force majeure;
  • photographs and graphics shown on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller’s warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.

ARTICLE 9 – PERSONAL DATA

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for the transmission to third parties for the delivery of the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the website https://ozzy-nova.com are as follows:

  • Product order: When placing an order, the Customer’s name, address, phone number, and email address.
  • Payment: When paying for the Products offered on the website https://ozzy-nova.com, financial data related to the Customer’s bank account or credit card are recorded.

9.2 Recipients of Personal Data

Personal data are exclusively for the use of the Seller and its employees.

9.3 Data Controller

The data controller is the Seller, as defined by the Data Protection Act and from May 25, 2018, by Regulation 2016/679 on the protection of personal data.

9.4 Limitation of Processing

Unless the Customer gives explicit consent, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention

The Seller will retain the collected data for a period of 5 years, covering the time of prescription for civil contractual liability.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the internet.

9.7 Exercise of Rights by Customers and Users

Under applicable data protection regulations, Customers and users of the website https://ozzy-nova.com have the following rights:

  • They can update or delete the data concerning them by logging into their account on the account settings tab.
  • They can delete their account by writing to the email address provided in article 9.3 “Data Controller.”
  • They can exercise their right of access to know what personal data we hold by writing to the email address provided in article 9.3 “Data Controller.”
  • If the personal data we hold is inaccurate, they can request the update of the information by writing to the email address provided in article 9.3 “Data Controller.”
  • They can request the deletion of their personal data in accordance with applicable data protection laws by writing to the email address provided in article 9.3 “Data Controller.”
  • They can also request the portability of the data held by the Seller to another provider.
  • Finally, they can object to the processing of their data by the Seller.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above. The Data Controller must respond within one month.

If the request is denied, it must be justified. The Customer is informed that if denied, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or seek judicial recourse.

The Customer may be invited to check a box for agreeing to receive informative and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the website https://ozzy-nova.com is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 11 – Applicable Law – Language

These T&Cs and the operations arising from them are governed and subject to French law. These T&Cs are written in French. In case they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

ARTICLE 12 – Disputes

For any complaints, please contact customer service at the Seller’s postal or email address as stated in ARTICLE 1 of these T&Cs. The Customer is informed that they may always resort to conventional mediation, to existing sectoral mediation bodies, or any alternative dispute resolution methods (e.g., conciliation) in case of a dispute. In this case, the designated mediator is:

The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform:

All disputes relating to the purchase and sale operations under these T&Cs, which have not been settled amicably between the seller or through mediation, will be submitted to the competent courts under common law.

ANNEX I – Withdrawal Form

Date ______________________

This form must be completed and sent only if the Customer wishes to withdraw from the order placed on https://ozzy-nova.com except exclusions or limitations of the right of withdrawal under the applicable Terms and Conditions.

To: CHARCLO 2.0 OÜ

  • Narva mnt 5, 10117 Tallinn, Estonia

I hereby notify the withdrawal of the contract for the product below:

  • Order of (indicate date)
  • Order number: …………………………………………………..
  • Customer’s Name: …………………………………………………………………
  • Customer’s Address: ……………………………………………………………..

Customer’s Signature (only if this form is notified on paper)

CONTACT US

If you have any questions, please contact us by email at contact@ozzy-nova.com, or by mail at the following address:

  • CHARCLO 2.0 OÜ
  • Narva mnt 5, 10117 Tallinn, Estonia

 

Last update: 07/02/2025