TERMS & CONDITIONS
www.owlso.com (hereinafter the "Website" or “www.owlso.com”) is published by the company Kerala, a French “société par actions simplifiée” with a minimum share capital of 20 euros, with a registered office situated 54 rue Notre Dame de Lorette – 75009 Paris, France, registered with the Paris Company and Trade register under no. 822 507 562 (hereinafter “Owlso”, “Kerala” or the “Company”).
(1) GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with Kerala for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
Kerala reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
(2) WEBSITE'S INFORMATION AND ACCESS
www.owlso.com is an e-commerce merchant owned and managed by Kerala.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Kerala or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the French courts. Kerala is not liable for any damage incurred by an unavailability of the Website.
Kerala does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Kerala may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Kerala reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
(3) ORDERING ON THE WEBSITE
To place an order, the client shall at first input personal data (the “Personal Data”) to ensure billing and delivery of the order (the “Order”).
An order placed by a client shall be validated by Kerala after checking the Personal Data filled by the client.
By placing an order, the client ensures the accuracy and completeness of the data provided. If an error occurs relating to the recipient address, Kerala shall not be held liable in case of any inability to deliver the products ordered.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Kerala’s payment provider. Kerala reserves the right to refuse any request or order at its sole discretion.
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Kerala. Kerala cannot be liable in case of an order cancellation because of stock depletion.
Kerala takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the client may either exercise his right of withdrawal, or implement the Kerala guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by Kerala, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its cart (the “Cart”). The Cart summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Cart before validating the order.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by Kerala. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company Kerala. The invoices are sent by email.
(6) ORDER REFUSAL
Kerala reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of Kerala to satisfy the client expectations, Kerala may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Kerala cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
Kerala reserves the right to refuse or cancel any Order placed by a client with whom Kerala has currently a dispute concerning the payment of a previous order.
(7) PRICES AND TERMS OF PAYMENT
Price are mentioned in the Website in Euros. Prices includes V.A.T. but excluded any customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
Kerala reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order. In addition, the Client will be charged at the time of placing a Pre-Order.
The purchases shall be settled via the secure platform provided by our partner STRIPE. The client expressly acknowledges that disclosure of their bank card number to Kerala gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Kerala to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by STRIPE. Kerala will never keep payment card details.
The data recorded and kept by Kerala constitutes proof of the order and all previous transactions. The data recorded by STRIPE constitutes proof of the financial transactions.
Note: our e-commerce transactions are processed in and shipped from France. Hence, some international banks or credit cards charge a foreign transaction fee for online purchases from online stores based in the European Union. OWLSO does not charge such fee. Please contact your bank or credit card company before purchasing to confirm, and email email@example.com for any questions.
Deliveries are carried out by La Poste, Monday to Friday, depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order.
The delivery is made to the delivery address indicated by the Client, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to Kerala which reimburses the Client within ten (10) days of the products’ receipt by Kerala. The reimbursement excludes shipping fees.
Orders are shipped within 12 business days at most for a Delivery in metropolitan France and 20 business days for a International Delivery, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days in periods of high demand.
Kerala cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the Client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. Kerala cannot be liable of any direct or indirect damage resulting from delay of delivery.
(9) RIGHT - RETURNS & REFUNDS
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available on the Website prior to returning the order. The return request will be confirmed by Kerala to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 Return conditions in case of the use of the withdrawal right
The products must be returned to Kerala within fourteen (14) days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
Returns are paid by the Client.
In all cases, the expenses of returning the product are covered by Kerala if the product delivered is damaged or different from the product ordered.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, Kerala cannot proceed to refund the products in question.
A refund by Kerala for the order returned is made within fourteen (14) days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition.
Except as otherwise indicated by the client, repayment will be made through the same payment means used to pay the Order.
The repayment of an order paid by gift card or a voucher will always be by voucher.
9.4 Refunds on Pre-Orders
If the Company is unable to commence shipping of a Pre-Ordered Product on or before the 6 months anniversary of the Client placing the Pre-Order for that Product, the Company shall process a full refund to the Client.
(10) PARTIAL INVALIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
(11) APPLICABLE LAW AND JURISDICTION
These General T&Cs are governed by the laws of France.
In the event of a dispute between the Client and Kerala concerning the interpretation, performance or termination of this T&C’s, Kerala strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Kerala hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, Kerala and the Client agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.