Terms and Conditions of Sales

GENERAL TERMS AND CONDITIONS OF SALE ONLINE OF THE ONLINE STORE www.opinel.com

 

Article 1 • Purpose and acceptance of the GTCS

COUTELLERIE DE SAVOIE (hereinafter referred to as the "SELLER”), sells fixed clap knives for outdoor activities, DIY, gardening, cooking, table use, etc. and other OPINEL accessories (hereinafter referred to as the “Product” or the “Products”).

These general conditions govern sales of the SELLER products on the website www.opinel.com (hereinafter referred to as the "Website”) to any natural person of adult age acquiring the Products for purposes unrelated to their professional activities for delivery in mainland France and overseas (hereinafter referred to as the "Client”).

When the Client tick the “I have read and accept the general conditions of sale” box to confirm its order for the Product(s) he has chosen, he recognises that he has read these General Conditions of Sale and accept them without reservation.

The Client is thus invited to carefully read the clauses below.

The Client cannot purchase a Product on the Website unless he has accepted these General Conditions of Sale first.

Consultation of the Website www.opinel.com by the Client is also subject to the General Conditions of Use available on the site, which the Client declares that he has read and accept without reservation.

The SELLER reserves the right to amend these General Conditions of Sale at any time by publishing a new version of the same on the Website.

The General Conditions of Sale applicable are those in force on the Website as at the date the order is placed by the Client.

For the application of these General Conditions of Sale, it is agreed that the Client and the SELLER are collectively referred to as ”the Parties” and each individually as the "Party”.

 

Article 2 • Products

• 2.1     Essential characteristics and presentation

The SELLER informs the Client of the essential characteristics of the Products offered for sale, in particular:

• The brand and model,
• The references of the Product,
• The price,
• The guarantees,
• The technical characteristics,
• The applications,
• etc.

The SELLER invites the Client to become familiar with these characteristics. However, the SELLER will not be held responsible in the event of a change to the characteristics of the Product(s) by the supplier(s).

The SELLER shall not be held liable for differences in the colour and structure of the handle between photographs or illustrations of the Products presented on the website and the Product(s) received, since each handle made from natural materials (wood) is unique.

The SELLER undertakes to deliver Products that comply with current regulations relating to the health and safety of persons.

 

• 2.2     Availability

The SELLER promises to honour online orders within the limits of available stock.

The Products available are those that appear on the Website on the date the Client visits the Website, unless otherwise stated.

The SELLER reserves the right to discontinue the sale of a Product at any time, without affecting orders already placed for said Product.

If a Product is not available, the SELLER promises to inform the Client by e-mail as soon as possible.

The Client will then be able to cancel or amend their order and a replacement product can be sent to them, with their consent.

If an order is cancelled and payment has already been made, the Client will receive a refund within a maximum period of fourteen (14) days from receipt of their request for a refund.

 

Article 3 • Price

Prices are in euros and include all taxes, excluding transport costs and customs duties and other duties and/or taxes associated with the importation of the Products into the country of the Client, where applicable. These will be paid by the latter.

Value-added tax is French VAT applied at the standard rate in force on the date of the validation of the order.

If there is a change in the rate at which VAT is applied, said change can be passed on to clients in the price of the Products.

Processing, delivery and packaging costs - except for those specially mentioned within the context of promotional campaigns - are charged extra. These costs are stated on the order summary before the order is validated.

The SELLER reserves the right to amend the tariffs indicated on the Website at any time and without notice. The cost of Products will be invoiced according to tariffs in force at the time of the validation of the order by the Client.

 

Article 4 • Client account

Orders are placed online, directly on the Website.

When placing a first order, the Client must create a customer account: a login and password must then be entered by the Client.

If the Client loses their password, he enters its e-mail address in the appropriate field and the system sends a password reset link to their e-mail address.

Information provided by the Client when creating their account is binding on the Client. In the event of an error, in particular in the details of the recipient, the SELLER will not be held responsible for its inability to deliver the Products.

 

Article 5 • Placing an order

The Client places their order based on the Products presented on the Website and chooses the number of Products he wishes to order. An order implies acceptance of the price for the Product(s) ordered.

The Client must also provide the delivery address and choose the method of delivery and method of payment.

Before proceeding with payment, the Client can confirm the Product(s) ordered, the number ordered and the total price of their order in a summary. If he wishes, the Client will be able to amend or cancel its order.

When making payment, the Client declares that he accepts these General Terms and Conditions of Sale in full, without reservation.

The Client can then find a summary of their order in its customer account.

As soon as the order has been registered, an acknowledgement of receipt is sent to the e-mail address provided.

This acknowledge of receipt will contain the following information:

• The order number,
• The designation of the Product,
• The quantity of the Product,
• The amount invoiced, including transport costs,
• Confirmation of payment,
• The method of delivery and delivery address for the order,
• The details of the SELLER

 

This acknowledgement of receipt validates the transaction. The Client accepts that computerised order management systems constitute proof of purchase and of the date of said purchase.

 

The SELLER reserves the right to refuse or cancel any order from a Client in the event of:

• An existing dispute with the Client in relation to non-payment of a previous order;
• Unusual orders in terms of volumes ordered

 

Article 6 • Payment and reservation of title

Payment in full is made in euros on the Website when the order is placed.

Under no circumstances can amounts paid be considered a down payment or instalment.  

Payment can be made by PayPal, credit card, bank transfer or cheque.

The value of the transaction is immediately debited from the credit card of the Client once their details have been verified, upon receipt of the debit authorisation from the issuer of the card used by the Client.

In accordance with article L.132-2 of the Monetary and Financial Code, the undertaking to pay given using a payment card is irrevocable. By providing their credit card details, the Client authorises the SELLER to debit their card for the price of the Products plus delivery costs, including all taxes.

To this end, the Client confirms that he is the owner of the card to be debited, that the name on the card is their own and that he has the authorisations required to make the payment, where appropriate. The Client shall provide the sixteen digits and the expiry date on their credit card, as well as the three digits on the visual cryptogram on the card.

If its card is used on the Website in a fraudulent manner, the Client can contact the SELLER OPINEL on the following number: 04 58 25 01 16 or via e-mail at the following address: e-boutique@opinel.com

If the order is paid for via PayPal, the Client who has a PayPal account must enter their e-mail address linked to their PayPal account and their PayPal password. PayPal encrypts all information provided to it by the Client when he created their account. No information is provided to the SELLER other than the e-mail address of the Client. Financial and personal information is automatically encrypted when sensitive information is sent to the servers of PAYPAL.

If the amounts owed by the Client cannot be debited, the online sale will be terminated ipso jure and the order cancelled.

A detailed invoice is sent by e-mail to the Client for each order, once the order has been dispatched. The invoice also remains available in the customer account.

Products remain the property of the SELLER until all amounts owed by the Client under the terms of the Order have been paid, including taxes and charges.

 

Article 7 • Security of payments

Transactions carried out on the Website are secure for all payment methods offered. All information exchanged to process the payment is encrypted.

This data cannot be detected, intercepted or used by third parties. At no time does the Client's financial data pass through the SELLER’s computer system.

 

Article 8 • Delivery

The SELLER will inform the Client by email when the order has been dispatched. This email will contain the order tracking number as well as a link enabling the delivery to be tracked on the carrier's website.

In the case of collection from the Opinel Museum, the Client will be informed by email of the availability of the order at the Opinel Museum reception desk.

The invoice for the order will be sent to the Client by email at the time of dispatch of the order and will be accompanied by the general terms and conditions of sale and information relating to the terms and conditions for the exercise of the right of withdrawal by the Client.

Proucts are delivered to the delivery address provided by the Client during the ordering process. However, the carrier reserves the right to change the delivery address if the one initially chosen is unavailable. In this case, the carrier may have to deliver to a nearby collection point.

It is the responsibility of the Client to verify the exhaustiveness and conformity of information he has provided to the SELLER. Under no circumstances is the SELLER responsible for any data entry errors and their consequences in terms of delays or errors in delivery. In this context, all expenses incurred for reshipping Products will be met in full by the Client.

All orders, except for those for engraved knives, are shipped within 48 hours (business hours). Customised orders will be shipped within a maximum period of 72 hours (business hours).

The delivery date indicated when the order is placed is indicative and is based on an estimate of the theoretical delivery time for the chosen mode of transport. It is specified that the delivery times indicated are in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the times for processing, preparing and routing the order. For shipments outside the EU zone, the SELLER cannot be held responsible for any extended delivery times due to the customs clearance process. Delivery times run from the date of confirmation of the order by the SELLER.

If the delivery date is exceeded, the Client may instruct the SELLER by registered letter with acknowledgement of receipt to the following address: COUTELLERIE DE SAVOIE, 174 rue de l'Artisan, 73300 Villargondran, FRANCE or by another written document on a durable medium to make the delivery within a reasonable additional period.

In the event of the SELLER failing to meet this new deadline, the Client may inform the SELLER in the same way that he is terminating the contract.

Where applicable, the contract shall be deemed to have been terminated on receipt by the SELLER of the letter, unless the SELLER has made the delivery in the meantime.

If the contract is terminated, the Client will be reimbursed, via any means of payment, for all amounts paid as soon as possible and by no later than fourteen (14) days after the date of receipt of the letter by the SELLER.

The SELLER cannot be held liable for non-performance of the contract, in particular in the event of non-delivery attributable to the Client (incorrect delivery address details), an unforeseeable and irresistible act by a third party or an instance of force majeure.

The cost of delivery of the Products depends on the geographical area of delivery. In any event, the Client is informed of the cost of delivery before he validates the order.

From 69 € of purchase, benefit from free economy delivery to a collection point or other delivery methods at reduced prices, for all orders to the European Union, Iceland, Norway, Switzerland and the United Kingdom.

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At the time of ordering, the Client chooses the delivery method from a selection defined by the SELLER.

 

 Article 9 • Receipt of the order and conformity of the Products

Upon receiving the Products, the Client must verify the condition of packaging and the integrity of the Products delivered and, where appropriate, record any reservations and complaints on the delivery slip of the transport company. It must also inform the SELLER by sending it a copy of the reservations made to the transport company by post or e-mail within two business day after the delivery of the Products at the following address: COUTELLERIE DE SAVOIE, 174 rue de l’Artisan, 73300 Villargondran, FRANCE or e-boutique@opinel.com

The Client must also send any claim concerning an error in delivery and/or missing items to the SELLER within 2 days of delivery. Any claim made after this time will be refused, with no recourse to appeal.

Any delivery dispute will be investigated by the carrier and will require supporting documents to be sent.

If the dispute is proven, the content of the order that is the subject of the complaint will be sent to the Client, but no request for reimbursement will be accepted.

If the supporting documents are not provided or do not justify the dispute, the dispute request will be inadmissible.

The Client must also verify the conformity of Products received pursuant to its order at the time of delivery. The SELLER must be notified of any non-conformity or fault within the time frame specified in law.

As such, the SELLER is liable for non-conformities in the Product under article L.211-4 et seq of the Consumer Code and for latent defects in the item sold under the conditions specified in articles 1641 et seq of the Civil Code.

In the case of a legal guarantee of conformity, the Client :

- Has two years from the date of delivery of the Product to take action

- Can choose between having the Product repaired or replaced, subject to the cost conditions set out in article L. 211-9 of the Consumer Code

- Is exempt from having to prove the existence of the non-conformity of the Product for six months after delivery. This period will be extended to 24 months from 18 March 2016, except in the case of second-hand goods.

The legal guarantee of conformity applies irrespective of the commercial guarantee given.

The Client can decide to enforce the guarantee against latent defects in the Product sold under article 1641 of the Civil Code. In this case, the Client can choose to terminate the sale or accept a reduction in price in accordance with article 1644 of the Civil Code.

 

Applicable laws: 

 

Article L217-4 of the Consumer Code

The seller must deliver a product that is compliant with the contract and address non-conformities that exist as at the time of delivery.

They must also address defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under its responsibility.

 

Article L217-5 of the Consumer Code

The Product is compliant with the contract:

1. If it is appropriate for the use normally expected for such a product and, where appropriate:
- If it corresponds to the description given by the seller and has the qualities presented to the customer in the form of a sample or model;

- If it has the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, in particular in advertising or labelling;

2. If it has the characteristics defined by mutual agreement by the parties or is appropriate for any special use sought by the customer that has been brought to the notice of the seller, and which the latter has accepted.

 

Article L217-6 of the Consumer Code

The seller is not bound by the public statements of the producer or their representative if it is established that they did not know them and was not legitimately able to know them.

 

Article L217-12 of the Consumer Code

The action resulting from the non-conformity is prescribed by two years from the delivery of the Product.

 

Article 1641 of the Civil Code

The seller is bound by the guarantee by reason of the latent defects in the item sold, which renders it unsuitable for the use for which it is intended, or which diminishes its use to such an extent that the buyer would not have acquired bought it or would have given a lower price if they had been aware of these defects.

 

Article 1648, paragraph 1 of the Civil Code

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

 

In the event of a claim for non-conformity or hidden defect, the Client must send a request to the customer service department of the SELLER via e-mail at the following address: e-boutique@opinel.com, providing a detailed explanation of the defect or non-conformity found.

Returns will be refused if the defect found is the result of non-compliant handling or maintenance or the non-compliant use of the Product by the Client.

The SELLER will examine the Client’s request and may ask for the defective knife to be sent for expertise. If the Client’s request proves to be well-founded, the SELLER will, at the Client’s discretion, exchange or reimburse the Product(s).

No returns for non-conformity or latent defects will be accepted without prior validation from the SELLER.

In any event, the guarantee shall not apply if the Client does not comply with the "Instructions for the use, maintenance and safety of the Products”, engages in any abnormal use of the Products, or uses the Products for purposes other than those for which he was intended.

 

Article 10 • Right of withdrawal

In accordance with the provisions of the Consumer Code, the Client has THIRTY (30) clear days from receipt of the Products to exercise their right of withdrawal without having to provide reasons or pay penalties, except for return costs, by completing the standard withdrawal form below or by sending an e-mail to the following address: e-boutique@opinel.com. The Client will then immediately receive an acknowledgement of receipt of their withdrawal via e-mail.

The Client must return the Products to the following address within fourteen (14) days after the transmission of the withdrawal form or e-mail to the the SELLER:

COUTELLERIE DE SAVOIE

174 rue de l’Artisan

73300 VILLARGONDRAN

FRANCE

 

It is the responsibility of the Client to retain the proof of delivery that will be sent to it by La Poste, as the La Poste stamp constitutes proof of the date of return of the Product. Given that returns are the responsibility of the Client, no refund will be paid if the parcel is lost.

The SELLER promises to reimburse the Client using the same means of payment as that used by the Client for the initial transaction for the cost of the Product, as well as  delivery costs, without undue delay and by no later than fourteen (14) days after the date of recovery of the Products.

 

Specific case - Customised and engraved products

By virtue of article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the supply of “items made according to the specifications of the consumer or items that are clearly customised”.

For this reason, customised and engraved items are neither exchangeable nor refundable.

 

All risks and expenses associated with the return of items are to be met exclusively by the Client.

The right of withdrawal can only be exercised for Products that have been returned in full and are unopened, clean, in perfect condition in their original packaging (box and cardboard) and with the insert used to protect the Product, with a copy of the purchase invoice. Returned products that are incomplete, mutilated, dirty or damaged for whatever reason will not be accepted. 

The Client assumes responsibility for depreciation of the Product resulting from handling other than that required in order to determine its nature and characteristics and to ensure its correct operation.

 

Withdrawal form

(Please complete and send this form only if you wish to withdraw from the contract.)

Attention: COUTELLERIE DE SAVOIE – the SELLER:

By way of this form, I / we (*) inform you of my / our (*) withdrawal from the contract for the sale of the product (*) for the provision of the services (*) below:

Ordered (*) / received on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in the event of notification of this form on paper):

Date:

* Delete as appropriate

 

Article 11 • Liability

The SELLER will not be held liable in the event of non-compliance with legislation in the country where the Product is delivered. Therefore, it is up to the Client to confirm with local authorities whether or not he is able to import or use a particular Product.

The SELLER will not be held liable for  any inconvenience or damages due to use of the internet, in particular an interruption to service, an inability to access the Website, external intrusion or the presence of computer viruses, or which is due to any instance of force majeure, in accordance with French case law.

The Client is solely liable for damages caused to it or to a third party resulting from the misuse of the Products. Under no circumstances will the SELLER be held liable in such cases.

 

Article 12 • Customer service

Should they require any information or have any questions or complaints, Clients can contact the SELLER via any of the following means:

• Via e-mail: e-boutique@opinel.com
• Via post: COUTELLERIE DE SAVOIE, 174 rue de l’Artisan, 73300 Villargondran, FRANCE
• By phone on 04 58 25 01 16 at the times indicated on https://www.opinel.com/en/customer-service/contact

 

Article 13 • Personal data

Type of data collected:

The personal data collected and later processed by the SELLER are those voluntarily given by the Client on the order form and/or when he creates their account online. As a minimum, said data consist of the surname and forename of the Client, a delivery address and a valid e-mail address.

 

Purposes for which personal data are collected:

Details identified as mandatory on the form are required to manage orders, the authentication of payments and the delivery of the Products.

 

Transfer of data to third parties:

Data can be sent to companies involved in the performance of services and the fulfilment, management, execution, handling and payment of orders.

In particular, the data gathered are sent to the company OPINEL SAS for marketing purposes and for the provision of services, especially product after-sales services. 

The SELLER promises not to transfer their data to third parties other than those referred to above.

 

Duration of personal data retention:

These data are retained and stored for the time strictly required in order to achieve the objectives referred to above.

At the very least, data are stored for a maximum period of five years from the date of delivery.

 

Right of access and rectification:

The Client is informed that, in accordance with French and European regulations in force, he can exercise the following rights provided that he can prove their identity:

• The right to oppose, for legitimate reasons, their personal data being handled for purposes other than those for which he has given their consent;
• The right to oppose, at no cost, the commercial use of their data by the processing manager now or in the future;
• The right to receive information on the processing in which their personal data are used;
• The right to obtain information on processing operations carried out upon personal data managed by the SELLER and all information that provides a view of and, where required, challenge the logic behind the processing of said data;
• The right to obtain copies of their personal data, as well as a right to rectification, the right to portability and the right to update and to delete all or some of said data;

 

The Client can exercise these rights by writing to the SELLER at e-boutique@opinel.com, providing their surname, forename and e-mail address. He can also send a letter by post to: COUTELLERIE DE SAVOIE, 174 rue de l’Artisan, 73300 Villargondran, FRANCE.

 

Password confidentiality:

The Client accepts and recognises that he is responsible for conformity with the confidentiality of passwords associated with any account used in order to be able to place orders on the Website. Consequently, the Client agrees that he is the sole person responsible with regards to the SELLER for any action carried out from its account.

If the Client learns of the unauthorised use of its password or account, he agrees to inform the SELLER without delay by writing to the following address: e-boutique@opinel.com or by post at: COUTELLERIE DE SAVOIE, 174 rue de l’Artisan, 73300 Villargondran, FRANCE.

 

Opinel newsletter:

By subscribing to the Opinel newsletter, the Client agrees to receive emails from the brand concerning news, products, advice, recipes and promotions. Data will be processed exclusively in accordance with current legislation. The Client may unsubscribe from the newsletter at any time by clicking on the link at the bottom of the emails sent to them.

The Client may also unsubscribe at any time by sending an email to the following address: e-boutique@opinel.com.

After subscribing to the newsletter, the Client will receive a 10% discount on a future order using a discount code sent automatically by email. Depending on the service provider, the message may end up in the spam folder.

This discount code is strictly personal and will be valid once only, provided that the Cu Client stomer is subscribed to the newsletter at the time of ordering.

To enjoy this offer, the Client must enter the discount code in their basket when confirming their order and then click OK.

If the Client unsubscribes from the Opinel newsletter and then re-subscribes, he will not be able to reuse it and will not be entitled to a second discount code.

 

Article 14 • Force majeure

The SELLER cannot be held liable for any late or non-fulfilment of a contractual obligation resulting from an instance of force majeure, i.e. an irresistible, unforeseeable event beyond the control of the parties.

The execution of obligations incumbent on the SELLER will be suspended in the case of an event that constitutes force majeure under the jurisprudence of French courts. In this case, the SELLER will inform the Client of the duration of the instance of force majeure and of its foreseeable consequences as soon as possible.

 

Article 15 • Non-waiver

If the SELLER does not exercise its rights at a given time in relation to one of the clauses herein, this shall not be interpreted as a waiver to later exercise its rights under these clauses.

 

Article 16 • Modification

The SELLER reserves the right to amend the provisions of these general conditions of sale at any time. The Client is bound by these modifications.

Orders will be regulated by the version of the General Conditions of Sale in force as at the date of their validation by the Client.

 

Article 17 • Severability

If one (or more) provisions of these General Conditions of Sale is held to be invalid, the validity of other stipulations will not be affected unless they are indissociable from the invalidated provision.

 

Article 18 • The entirety of the agreement between the Parties

These General Conditions of Sale, the General Conditions of Use of the Website and the order summary sent to the Client form a single contract and constitute the whole of the contractual relationship between the Parties.

 

Article 19 • Governing law - Disputes

The sales contract entered into between the SELLER and the Client is governed by French law. It is not covered by the application of any international agreements.

The language used in this contract is French.

In the event of a dispute, the Client is informed that if an attempt to resolve said dispute via amicable means directly with the SELLER is unsuccessful he can resort to a consumer ombudsman, in accordance with the provisions of the Consumer Code.

The SELLER is a member of the ASSOCIATION DES MÉDIATEURS EUROPÉENS. The details of this association are as follows: 11 Place Dauphine – 75001 PARIS – http://www.mediateurseuropeens.org/

In accordance with article 14 of Regulation (EU) no. 524/2013, the European Commission has put an online dispute resolution system in place that facilitates the independent resolution of disputes online between consumers and professionals in the European Union via extrajudicial means.

This platform can be accessed by using the following link: https://webgate.ec.europa.eu/odr/

Failing that, it is agreed that any dispute that arises out of this contract falls within the jurisdiction of the French courts, with the competent court being appointed according to the procedural rules in force in France.