General Terms and Conditions of Sale and Use
These general terms and conditions of sale and use are subject to French law and govern all relations between the Oupo company operating the BitzStore brand and the persons placing an order on the website and the consultant, accessible at the address BitzStore.com.
These general conditions of sale and use are a translation from French, the language of reference in case of dispute, these conditions are primarily offered in English language to inform you.
In all cases, Oupo is subject to French laws and to the obligations of service and consumer protection given to French and European citizens. We will do our best to guarantee you the same quality of service and will follow the same quality requirements wherever you are on our little planet earth.
Section 1 : Application of the general terms and conditions of sale and use
The seller is defined below as Oupo, Siret: 878 983 766 00014. The buyer and customer is defined below as the person signing and accepting the present conditions of use and sale. The general terms and conditions of use and sale apply exclusively to all sales concluded on BitzStore.com. The mere fact of placing an order implies the unreserved acceptance of these terms and conditions. These general terms and conditions can be modified at any time and without prior notice by Oupo.
By placing an order on the shop, the customer certifies that he/she is an adult natural person acting for his/her personal needs; he/she acknowledges having the full capacity to commit him/herself under the present conditions when making transactions on BitzStore.com.
Section 2 : Products and Services
2.1 Product identification
The list of product characteristics (photographs, texts, graphics, technical data sheets) are defined through the pages of the BitzStore.com website.
The products and services offered on BitzStore.com comply with French legislation and the standards applicable in France. Oupo cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered.
The products and services offered on BitzStore.com are only intended for the use of private individuals. The purchaser remains the sole judge of the compatibility of the products and services offered with his use and with the complementary products already in his possession.
2.2 Product Availability
Products and services are available at the prices and conditions offered as long as they are visible on the BitzStore.com website (within the limits of available stocks). The availability of the products will be permanently displayed for each reference on the pages of BitzStore.com. Each order may be subject to prior confirmation. After validation, the preparation and dispatch of your order will be triggered.
In the event of total or partial unavailability of one or more products following a stockout, the refund of the product(s) out of stock will be made immediately. If the order includes several products, the available products will be shipped as agreed by these general terms and conditions of sale. The refund will be made by the means of payment used by the customer at the time of payment of the order or in the form of a purchase voucher. Oupo undertakes to inform the customer by e-mail in case of stock shortage.
2.3 Transfer of ownership
Oupo retains full and entire ownership of the products sold until full payment of all sums owed in connection with the customer's order, including all fees and taxes.
As of the reception of the products of the order at the customer's home, the risks incurred by the products received are transferred to the customer.
2.4 Validation and control before validation of the order
When placing your order, you must confirm it by the technique known as "double-clicking": that is to say, after having selected the products added to your basket, you must check and possibly correct the contents of your basket (identification and quantity of products selected, corresponding prices, delivery terms and costs), before validating it, accept the present terms and your obligation to pay for the order, and thus confirm the acceptance of your order.
You agree to receive your invoices exclusively in electronic form by e-mail at the time of the order, your invoice remains available and downloadable at any time on your personal space.
Section 3 : Prices and Payment
The sales prices are indicated and payable in euros, the price displayed is the sales price including all taxes. The prices of the products indicated on the cards of each product of the shop are exclusive of delivery charges and other possible complementary particular services to which you would have possibly subscribed, for example: delivery followed in international zone, insurances... Delivery costs are indicated to the customer as and when the product is added to the basket and the delivery method selected. The total amount is indicated at the end of the ordering process before confirmation of its acceptance. The price indicated in the order confirmation is the final price expressed in Euros, including all taxes at the legal rate in force. It includes delivery charges.
We reserve the right to modify our prices at any time but we undertake to apply the prices indicated at the time of the order.
3.2 Payment Methods
Payment with Stripe
Stripe allows you to use a variety of credit cards and to accept all payments in euros, Stripe is a simple, fast and secure payment method for all your transactions with BitzStore.com.
Oupo does not have access to bank identifiers, even in an encrypted way, and does not keep them on its servers. Your personal bank details are encrypted before your computer is sent to the Stripe server. No information transits in clear text on the Internet.
Payment with Paypal
Paypal allows you to pay for your purchases using your Paypal account by accepting a very large number of credit cards with the possibility of linking your bank account to your Paypal account.
PayPal helps protect your credit card information thanks to one of the best systems on the market for security and prevention against fraud. When you use PayPal, your financial information is never communicated to the merchant so Oupo.
Payment with Virement bancaire
We also accept payments by bank transfer (longer acceptance time), everything goes through your bank. You make a classic transfer on the personal space of your bank or directly at the counter on Oupo's account, all the payment details will be given to you when you finalize your purchase.
This last method is fully secured by your own bank and complies with the European directives on transfers in the SEPA zone (Single Euro Payments Area).
The bank transfer must be made within 10 clear days after the validation of your order. Otherwise Oupo reserves the right to cancel the order concerned.
Information on the details of payment by bank transfer will be sent to you after order confirmation and reminded by e-mail.
Voucher, Loyalty and discount vouchers
Loyalty, purchase and discount vouchers issued by Oupo on BitzStore.com must be used during the 365 days following their issue, after this period they will no longer be usable.
The use of loyalty, purchase and discount vouchers necessarily implies :
- The holding of an account on BitzStore.com
- A valid email address
3.3 Payment Security
By validating the order form, you guarantee that you have the necessary authorisations to use the payment method you have chosen.
In accordance with our commitment to the security of your payments, all our payment methods are encrypted and inaccessible to third parties. Oupo guarantees optimum security on the BitzStore.com website.
Oupo fights against fraudulent payment methods on the Internet. To guarantee the protection of our customers, we may be led to ask you for additional information such as proof of identity or domicile in the case of suspicions.
In this context, Oupo reserves the right to validate or invalidate the suspicious order.
Section 4 : Cancellation of the order before shipment and grouped order
4.1 Cancellation of the order before shipment
Until you receive electronic notification and change the status of your order to "in process of delivery", you may cancel any current order free of charge upon express request on the BitzStore.com website, which will proceed to a full refund without penalty.
All order cancellations must be made to the BitzStore.com customer service department using the contact form.
4.2 Grouped order
By "grouped orders" we mean the dispatch in a single package and shipment of at least two orders to one and the same customer.
Until we receive electronic notification and change the status of your order to "in process of delivery" for your first order, grouped order shipping is available free of charge.
Section 5 : Delivery
Oupo will do everything possible to ensure that your orders are delivered in the best possible conditions. Your orders are packed with the utmost care.
Above all, we are at your disposal for any problem of delivery and return of goods (see return conditions).
The delivery date is determined by the sum of the 2 elements, the taking into account of your order and the delivery time once handed over to the delivery service.
5.1 Consideration of orders
All orders placed on the BitzStore.com website are processed within 24 hours to 72 hours after full validation of your payment, for the entire period of working days.
Any change in case of force majeure, to the order processing time will be notified.
Oupo reserves the right to invalidate your order for any legitimate reason, for example :
If it would not be in conformity with the present GCS, one of your previous or current orders would not have been fully paid, a litigation relating to the payment of one of your previous orders would be in the course of treatment, several concordant elements would make weigh a suspicion of fraud on your order.
5.2 Packaging of orders
Your orders are shipped according to their weight, in bubble envelopes or small cardboard boxes to provide optimal protection during transport.
Oupo is part of an eco-responsible approach to preserve the resources of our planet, so we may use recycled and recyclable packaging.
5.3 Delivery times
Oupo indicates to the customer the date of departure by e-mail of his order and the possible information on the follow-up of his order if the option of follow-up was chosen by the customer.
For information, delivery times for France and the European Union are between 48 hours and 7 working days, and for the rest of the world between 7 and 21 working days.
Delivery times are given for information purposes only and the exceeding of these times cannot give rise to any deduction, indemnity, damages or compensation.
In case of failure to receive an order beyond 30 days following the conclusion of the sale, in particular because of a problem during transport :
- In accordance with the legal provisions in force, the customer may, after having given formal notice to the seller to deliver the goods within a reasonable period of time, request the cancellation of his order. He will then be reimbursed within 14 days following the date on which the contract was cancelled.
- The customer may request the opening of a dispute file with the carrier so that the latter can actively search for the lost package. This procedure can take a maximum of 20 days.
- The customer may request the immediate dispatch of a new package. The customer then undertakes to inform Oupo as soon as possible of any duplicate delivery that may be sent later, and to refuse it. Oupo reserves the right to use all legal means in case of refusal by the customer to return any package that would have reached him by mistake.
When the seller is prevented from executing the contract by a case of force majeure or a fortuitous event as defined by French jurisprudence or by a foreign cause, in particular a fault attributable to you, the delivery period may be automatically extended according to the duration of the impediment. We will inform you by e-mail of the occurrence of the hindrance and its end. If the hindrance lasts longer than four 4 weeks, the customer or the seller shall be entitled to withdraw from the contract by operation of law, without being able to claim compensation.
5.4 Delivery charges
Our delivery package includes all the costs inherent to the preparation of an order: handling fees, postage at the current rate charged by our carriers and consumables for packing.
Orders shipped outside the European Union may be subject to possible taxes and customs duties depending on its destination.
The buyer undertakes to have prior knowledge of the said customs duties or taxes. These customs duties and possible taxes related to the delivery of an item are the responsibility of the buyer and are his entire responsibility.
The fixed price of delivery is indicated to the customer as and when he chooses products and is invoiced to him at the end of the order in addition to the price of the selected products. The price indicated in our order confirmation is the final price expressed in euros, including all taxes at the legal rate in force. It includes delivery costs.
5.5 Limitation of liability
All products ordered on the BitzStore.com shop will be sent to the delivery address specified by our customers at the time of ordering.
Oupo declines all responsibility, in particular for the non-delivery of the goods, it will be your responsibility to contact the carrier in case of an error committed on the validity of the addresses communicated for the delivery of your order. In the latter case, any expenses incurred by the return of the goods will be exclusively at the customer's expense, failing which Oupo reserves the right to suspend any return pending a response from the customer.
The buyer will have the possibility in case of error committed on the validity of the addresses :
- Payment of the costs incurred by the return, followed by return to the valid address.
- Cancellation of the order against reimbursement in favour of the customer, minus original shipping costs and bank charges.
In case of no response from the customer, a cancellation of the order will be made 10 clear days after notification of the incident, cash on delivery in favour of the customer, original shipping costs and bank charges deducted.
Section 6 : Right of withdrawal
6.1 Withdrawal periods
In accordance with the legal provisions and within the framework of the additional guarantee satisfied or refunded on BitzStore.com. The consumer has a period of 21 clear days as from the delivery of the product to his home address to exercise his right of retraction of the product sold and dispatched by Oupo on BitzStore.com, without having to justify reasons or pay penalties, with the exception of the costs of return using a routing method that provides proof of its effective dispatch, which remain at his expense.
6.2 Methods of exercising the right of withdrawal
To exercise your right of withdrawal, you must notify us of your decision to withdraw from your order, you will have a period of 21 days following your return notification to return the products.
This notification must be made in writing and transmitted to the customer service department at BitzStore.com electronically via our contact form.
Once the notification of withdrawal has been taken into account by our customer service department and validated.
The product must be returned by the customer, at his or her own expense and must be sent by a method of delivery that provides proof that it was actually sent, in its original state and complete as it was delivered to him or her.
In order to ensure the proper management of returns and the speed of reimbursement we offer a list of items to check before returning the products:
- Copy of the purchase invoice mentioning the returned items.
- The product in its original condition: complete packaging, unused goods, accompanied by its accessories.
- Make sure of a routing method that provides proof of the actual shipment of the returned products.
- Make sure of a routing method that ensures the safety of the returned products.
Items returned incomplete, damaged or in such a state of dirt that they are unsaleable because they have been depreciated will not be accepted; its responsibility may, if necessary, be engaged.
If it is found that there is a lack of merchandise at the time of return, Oupo reserves the right to deduct the value of the missing items from the amount of the refund or purchase order as well as any incomplete product return (which must conform to the description in effect on the site at the time of return), as well as any deterioration of the products due to your fault will not give rise to any form of refund or compensation.
The transport of the returned products is the responsibility of the customer, the customer must ensure that the products are returned in a sufficient protection to their protection, any damage suffered on the products on this occasion will render null and void the exercise of your right of withdrawal.
Any request for refund or exchange may be refused in case of non-compliance with these clauses previously stated.
6.3 Refund arrangements
Oupo undertakes to reimburse the items returned by the customer within 14 days after receipt of the returned products.
Reimbursement will be offered in the form of a voucher valid on the entire site or by the means of payment available in article 3.2.
By default the refund is made using the same payment method as that used by the customer.
The customer is informed that the reimbursement of the costs related to the initial delivery will be made on a pro rata basis for the returned items. Thus, if the customer returns all the goods making up his order, he will be reimbursed for the totality of the initial delivery costs.
Section 7 : Receipt of the order
7.1 Receipt and initial verification
Upon receipt, you must check the completeness of your order and its good condition in the presence of the delivery man and in case of damage you must notify the delivery man in writing and inform Oupo as soon as possible. If the package is delivered too damaged, you will have to refuse its reception and notify the delivery man in writing. In the two previous cases, as soon as you report it, an investigation procedure will be started with the delivery man.
7.2 Error of delivery
In the event that you receive a delivery that is not intended for you, we ask you to refuse the package. In case you have accepted it, please keep the package as it is and inform our customer service immediately using our contact form.
Products delivered not in conformity with the order
In case of non-conforming or incomplete products or with additional products, you can submit your complaints to our customer service using our contact form.
We remind you that in accordance with article 1376 of the Civil Code, if you receive an order that is not intended for you, you are then obliged to return it. Failing this, Oupo will be entitled to invoice you for the product that you have wrongly received in case of refusal to make it available to you.
Section 8 : Warranty
When you buy a product sold by Oupo on BitzStore.com, you benefit from two distinct guarantees:
Legal guarantee of conformity
Art. L. 211-4. "The seller is bound to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been entrusted to him by the contract or has been carried out under his responsibility".
Art. L. 211-12. "The action resulting from the lack of conformity shall be time-barred after two years from the delivery of the goods.
Article L. 211-5. "In order to be in conformity with the contract, the thing must :
1. Be fit for the use ordinarily expected of a similar good and, where appropriate: Correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model; Present the qualities which a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling.
2. Present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".
Legal guarantee against hidden defects
Art. 1641. "The seller is bound by the warranty in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lesser price for it, if he had known of them.
Art. 1648 - paragraph 1. An action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
We draw your attention to the fact that the warranties do not cover normal wear and tear of a product, inappropriate use, wilful destruction or wilful damage.
You are subject to an obligation of care in the use of your products. Evidence of a problem caused by negligence, deterioration or improper use would render the associated warranties ineffective.
Section 9 : Liability and legislation
The products offered are in conformity with the French legislation in force. Oupo cannot be held responsible in case of non-respect of the legislation of the country where the product is delivered.
Oupo is subject to French law. Any dispute is therefore subject to French jurisdiction.
Section 10 : Protection of personal data
The information transmitted is important for order processing. Their absence will result in the cancellation of your order. By registering on the site, you agree to provide us with sincere and true information.
In compliance with the law n°78-17 of January 6, 1978 "Informatique et Libertés", the collection and processing of your personal data is subject to the latter.
Oupo will under no circumstances transmit your data to a person outside of oupo unless requested by a French court decision, the tax authorities, the need for transmission to a service provider for the execution of your orders (carrier, bank service provider).
You can at any time make a request to us to find out what information about you is held and have it deleted on request.
Section 11 : Resolutive clause
In the event of non-compliance by the buyer with one of its obligations under these general conditions of use and sale, Oupo shall have the right to terminate all current orders by operation of law, without prejudice to any damages that the seller may claim against the buyer.
Section 12 : Safeguard clause
Should any provision of the General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision will then be replaced by the applicable legal provisions.
Section 13 : Security Warning
The products offered by the BitzStore.com are intended for model makers and adults and require a certain amount of dexterity; they are not assimilated to toys.
The products sold on BitzStore.com are not suitable for children under 36 months of age due to their very small size, sharp and pointed appearance.
BitzStore is a registered trademark operated by Oupo.
Oupo SAS Capital 100€ - 878 983 766 R.C.S. Annecy
Head Office : 1160 route du crêt - France
SIRET : 878 983 766 00014
TVA : FR05878983766
E-mail : contact@BitzStore.com
Publishing Director : Nicolas Richard
Hosting : OVH - RCS Lille Métropole 424 761 419 00045 - Head Office : 2 rue Kellermann - 59100 Roubaix - France
Updated on 1 August 2020