(GTCU/GTCS)
These general terms and conditions of use and sale establish the rights and obligations of the parties within the framework of the sale of articles proposed by OPALIZA SAS.
The general terms and conditions of use and sale apply exclusively to current and future commercial relations between OPALIZA SAS, simplified joint stock company, registered at the Nanterre corporate register under number 833 442 080 R.C.S NANTERRE with registered office located at 25 rue de Bezons, 92400 Courbevoie, and the person placing the order (the "Customer").
OPALIZA SAS reserves the right to modify these general terms and conditions of use and sale at any time by posting a new version on its website www.opaliza.com. In that case, the applicable GTCU/GTCS are those in force on the date of order payment (or of the first payment in the event of multiple payments).
The Customer declares to have the legal capacity to contract, i.e. is of legal age of majority and is not under guardianship.
The order placed by the Customer implies irrevocable acceptance of these general terms and conditions of use and sale.
Orders are accepted in French or English, via email or the form available on www.opaliza.com or by a personal appointment for the creation of personalised or custom pieces.
The photographs, drawings and descriptions of the pieces provided on www.opaliza.com are for information only and are not binding on OPALIZA SAS. The Customer may make an appointment or obtain additional information by sending a request via e-mail or the form on the site.
OPALIZA SAS cannot be held liable in the event of a clear discrepancy between the characteristics of the pieces and their presentation.
In application of the provisions of Article 1369-2 of the French Civil Code, the Customer may verify the details of the order and its total price, and correct any errors before confirming the order to express acceptance. Once the Customer has confirmed the order and given his/her agreement, OPALIZA SAS will acknowledge receipt without delay by electronic means.
However, the sale will be considered final only after receipt of full payment of the order. OPALIZA SAS will then send the Customer confirmation of the order with delivery information.
Furthermore, and in accordance with the provisions of article L.122 1 of the French Consumer Code, OPALIZA SAS reserves the right to refuse any abnormal order or any order placed in bad faith or for any improper reason. Similarly, OPALIZA SAS reserves the right to cancel any current order in the event of a dispute relating to a previous payment irregularity.
Prices are in euros, all taxes included.
The Customer is responsible for payment of delivery and import costs (taxes and customs duties).
However, the cost of delivery may vary depending on the country of delivery and the amount of the order.
The Customer will be informed of the price including VAT of each item the Customer wishes to purchase, delivery charges (if not covered by OPALIZA SAS) and import costs, if any, either during contact with OPALIZA SAS, or by e-mail or telephone.
At delivery, the Customer will receive written confirmation of the price paid for each article, detailing the price of the articles, delivery and import costs, where appropriate, for which the Customer is responsible.
All orders are payable in euros.
OPALIZA SAS reserves the right to modify its prices at any time and without notice. Products already ordered will be invoiced on the basis of the prices in force at the time the order was recorded.
Customers must pay for their purchases by bank transfer at the time of the order.
However, OPALIZA SAS reserves the right to demand payment of a deposit to reserve the article or articles because certain items for sale are one-of-a-kind pieces or limited series. Therefore, any Customer wishing to purchase this type of article must confirm the order through payment of a deposit equal to at least 50% of the total amount of the order. Payment of the deposit may be made by bank transfer, CB card, Visa, Eurocard/MasterCard or American Express.
To this end, when placing an order by telephone or by email, the Customer must confirm that he/she is the holder of the credit card and that the name appearing on the credit card to be charged is his/her own. Then, by telephone only, the customer provides the fifteen- or sixteen-digit card number, the expiry date appearing on the front of the credit card, as well as the security code appearing on the back (or front) of the credit card.
If, for any reason (card is blocked, declined by the issuer, etc.), the amounts owed by the Customer cannot be paid, the sale made by telephone will be cancelled immediately.
The pieces will be sent to the delivery address provided by the Customer when placing the Order. The Customer is responsible for ensuring that the delivery address has been entered correctly.
OPALIZA SAS reserves the right to choose its carrier.
The Customer is responsible for paying delivery and import costs (taxes and customs duties).
The amount of delivery costs may vary depending on the country of delivery and of the amount of the order.
The pieces(s) can be delivered in metropolitan France (including Corsica) and worldwide. The Customer is responsible for paying delivery costs.
The Customer may also have articles purchased as a gift delivered to any other natural person.
OPALIZA SAS proposes delivery by courier for delivery addresses located within Paris, or by express shipping.
Approximate delivery time:
If, at delivery, the package’s external appearance is not perfect, the Customer must open it in the presence of the carrier to check the condition of the article. If the article has been damaged, the Customer must provide a clear description of the damage on the return voucher.
In accordance with article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen days from receipt of the order to exercise his/her right of withdrawal and to return unwanted products in their original packaging for exchange or refund.
The request must be sent to hello@opaliza.com, and the pieces to Opaliza, 25 rue de Bezons, 92400 Courbevoie, France.
Before sending a refund, Maison Opaliza will verify the conformity of the returned (and undamaged) pieces.
Once the return has been approved, a refund will be issued within 14 days using the means of payment used to make the purchase, and the Customer will be notified by email.
In accordance with Article L.221-28 of the French Consumer Code, the Customer has no right of withdrawal for pieces made to the Customer’s specifications or that are personalised to a significant degree.
In this regard, OPALIZA SAS distinguishes between "Personalised" pieces made based on models available on the site, and "Custom" pieces designed in the workshop and/or created according to a Customer special order.
In either case, the Customer is informed of this lack of a right of withdrawal before a custom piece is ordered, either by e-mail or in person.
All pieces made by Maison Opaliza are covered by the legal guarantee of conformity required by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and the guarantee against hidden defects under articles 1641 and 1648, first paragraph, of the French Civil Code.
"The seller delivers merchandise conforming to the contract and is liable for any non-conformity at the time of delivery. It is also liable for non-conformity resulting from the packaging, assembly or installation instructions when it was made responsible for installation by the contract or when installation was performed under its responsibility.
"The merchandise is in conformity with the contract:
1. if it is appropriate for the use generally expected of a similar good and, if applicable:
2. or if it has the characteristics defined jointly by the parties or if it is appropriate for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.”
"The suit resulting from the non-conformity shall be extinguished after two years from the delivery date of the merchandise."
"The seller is bound by the guarantee against hidden defects in the item sold rendering it unfit for the use for which it was intended or that diminish this use such that the buyer would not have purchased it or would have paid a lesser price had he/she been aware of them."
"The suit resulting from redhibitory defects must be brought by the buyer within two years of the date on which the defect was discovered."
However, Maison Opaliza has chosen to offer its Customers a lifetime warranty against hidden defects. Maison Opaliza pieces are made by hand by skilled craftspeople.
Maison Opaliza will repair the Customer’s piece in the event of a hidden defect. The piece will be examined to determine the origin of the defect. If it is an error of the Maison Opaliza workshops, the piece will be repaired and returned to the Customer at Maison Opaliza’s expense. This warranty does not apply to any piece modified in any way by a workshop other than that of Maison OPALIZA.
OPALIZA SAS is liable only for direct damage that is foreseeable when the piece is ordered by the Customer resulting from the Customer’s use of the website www.opaliza.com as well as for the articles sold.
OPALIZA SAS is liable only for direct damage that is foreseeable when the piece is ordered by the Customer resulting from the Customer’s use of the website www.opaliza.com as well as for the articles sold.
OPALIZA SAS does not guarantee the legality or the accessibility of www.opalzia.com content for all countries of the world. Therefore, the Customer must ensure the content respects the regulations applicable in the country in which the Customer uses the website.
OPALIZA SAS will inform the Customer of any case of force majeure within seven days of its occurrence. The parties will then examine the event within 30 days and agree on conditions under which the order can be performed. Should the fortuitous event or case of force majeure last more than 60 days, the order may be terminated by the injured party. The following will be considered a fortuitous event or case of force majeure: any event or circumstance that is unavoidable, external to the parties, unforeseeable, unavoidable, beyond the parties’ control and which could not be prevented by them, despite all reasonably possible efforts.
Furthermore, the following will be considered fortuitous events or cases of force majeure in addition to those generally accepted by case law of French courts: blockage of means of transport, delivery or procurement, earthquakes, fire, storms, flooding, lightning, shutdown of telecommunications networks.
The elements of the site www.opaliza.com are protected by French copyright and intellectual property legislation. The site www.opaliza.com, its general structure, as well as the texts, images, photographs, logos, know-how, drawings, graphics, design and any other element comprising it or distinctive signs, are the property of OPALIZA SAS or of third-party companies having authorised Opaliza to reproduce their data. It is specifically protected by copyright law, trademark law or the protection granted to know-how. Opaliza reserves all of its rights.
The Opaliza trademark, illustrations, images and logos appearing on Opaliza articles, accessories, cases or packaging, whether registered or not, are and will remain the exclusive property of OPALIZA SAS. Any full or partial reproduction, modification or use of these trademarks, illustrations, images and logos for any reason and on any medium whatsoever, without the prior and express consent of OPALIZA SAS, is strictly prohibited. The same applies for any combination or conjunction with any other trademark, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and models owned by OPALIZA SAS.
The use of all or part of the website, including downloading, reproduction, transmission or representation for purposes other than personal and private use with a non-commercial purpose is strictly prohibited.
Violation of these provisions exposes the party to penalties under the Intellectual Property Code, in particular as regards copyright infringement (Article L.335-1 et seq.), trademark law (article L.716-1 et seq.) and the French Civil Code for civil liability (articles 1382 et seq.).
Any link to the site www.opaliza.com must first be approved for copyright by writing to: Opaliza, 25 rue de Bezons, 92400 Courbevoie, France.
These GTCU/GTCS are written in French. Any disputes related to the commercial relationship between Opaliza SAS and the Customer are the exclusive jurisdiction of the French courts.
The Customer may request a consumer mediator at any time, by sending an e-mail to hello@opaliza.com
By accepting these general terms and conditions of sale, the Customer authorises SAS OPALIZA to collect and use these data to fulfil this contract. Similarly, by entering his/her email address on the site www.opaliza.com, the Customer agrees to receive emails containing information and promotional offers concerning products from OPALIZA SAS. The Customer may unsubscribe at any time, simply by clicking on the link at the end of our emails or by contacting the data controller by registered letter with notice of receipt sent to 25 rue de Bezons, 92400 Courbevoie, France.
In accordance with the Data Protection Act, Law 78-17 of 6 January 1978, supplemented by Law 2018-493 of 20 June 2018 (European Regulation 2016/679/EU, the GDPR), the Customer has the right to access his/her personal data held by OPALIZA SAS and to have his/her data modified and corrected. The Customer may also oppose the processing of data concerning him/her for legitimate reasons. Upon presentation of valid identification, the Customer may exercise his/her rights by contacting: hello@opaliza.com
Access to personal data is strictly limited to the publication directors of OPALIZA SAS and, where appropriate, to their sub-contractors who are subject to an obligation of confidentiality and may use Customer data only in conformity with the contractual provisions and the applicable legislation.
Outside the cases outlined above, OPALIZA SAS undertakes not to sell, rent, assign or grant access to the Customer’s data to third parties without the Customer’s prior consent, unless required to do so for a legitimate reason (legal obligation, prevention of fraud or abuse, exercise of the rights of defence, etc.).
The Customer's data are kept for up to one year, unless he/she exercises one of the rights recognised by law, or if longer storage is permitted or imposed by law or regulations.
In the event of difficulties processing the Customer’s personal data, French law also permits the Customer to contact the national data protection authority—Commission Nationale Informatique et Libertés (CNIL)—via its website: https://www.cnil.fr.
The general terms and conditions of sale are modified regularly, in particular for legal changes. New general terms and conditions of use and sale will apply on the date they are posted on the website www.opaliza.com.
Cookies are small text files that are stored on the Customer’s computer, tablet or mobile phone when the Customer visits a website.
Opaliza reserves the right to use cookies on the Customer’s computer during visits to www.opaliza.com.
Cookies do not identify the Customer but signal any previous visit by the Customer to the site in order to help Maison Opaliza personalise its services.
The information collected is also used to facilitate browsing, offer functions, optimise site performance and allow sharing on social media.
The Customer can configure his/her browser to deactivate cookies (although some services require their use). For information on how to modify these settings, the Customer should consult the browser’s Help menu.
