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Conditions d’utilisation

TERMS OF SERVICE

Preamble

These Terms of Service (hereinafter "Terms") govern all contractual relationships between:

CHAMSAK LLC, a Limited Liability Company, with its registered office at 8206 Louisiana Blvd NE, STE A #5085, Albuquerque, NM 87113, USA, operating the ORSON brand on the website orsonmen.com (hereinafter "the Seller," "we," "our"),

and any adult individual making a purchase on the website orsonmen.com (hereinafter "the Customer," "you," "your").

Any order placed on orsonmen.com implies full and unconditional acceptance of these Terms. The Customer acknowledges having read them before validating their order.

Article 1 — Scope

These Terms apply to all sales of products made on orsonmen.com to consumers worldwide, except where local laws impose additional requirements.

They prevail over any other document, including any general purchase conditions of the Customer.

The Seller reserves the right to modify these Terms at any time. The Terms applicable are those in force on the day of the order.

Article 2 — Products

The products offered on orsonmen.com are described with the greatest possible accuracy (characteristics, composition, sizes, colors). Product photographs are as faithful as possible but do not have contractual value, particularly regarding color shades, which may vary depending on the screen.

Products are offered subject to availability. In case of unavailability after order placement, the Customer will be informed by email as soon as possible, and the order will be canceled and refunded in full.

Article 3 — Pricing

Prices are indicated in US dollars ($) or in the Customer's local currency where applicable, excluding shipping costs.

Shipping costs are communicated to the Customer before final validation of the order.

The Seller reserves the right to modify prices at any time, with the understanding that the applicable price is the one in force at the time of order validation.

Import duties and taxes may apply depending on your country of delivery. These are the responsibility of the Customer unless prepaid at checkout.

Article 4 — Orders

4.1 Order steps

To place an order, the Customer must:

  1. Select the desired products and add them to the cart
  2. Enter their contact details (name, shipping address, email, phone)
  3. Choose the delivery method
  4. Review the contents and total of their order
  5. Accept these Terms by checking the dedicated box
  6. Proceed with payment

The order is final only after payment validation.

4.2 Confirmation

A confirmation email summarizing the order details is sent to the Customer at the provided address. This email constitutes acceptance of the order by the Seller.

4.3 Order refusal

The Seller reserves the right to refuse or cancel any order for legitimate reasons, including prior dispute, suspicion of fraud, or manifestly abnormal order.

Article 5 — Payment

Payment for purchases is made exclusively online, by credit card (Visa, Mastercard, American Express) or any other payment method offered on the site.

Payments are secured by our provider Shopify Payments, which uses SSL (Secure Socket Layer) protocol for data encryption. The Seller does not store any banking data.

The Customer's account is charged at the time of order validation.

In case of payment default, the Seller reserves the right to suspend or cancel the order.

Article 6 — Shipping

6.1 Shipping zone

Orders are shipped worldwide. For specific countries or regions not listed at checkout, please contact us at hello@orson.com.

6.2 Delivery times

Indicative delivery times are 4 to 7 business days from order confirmation, depending on your location.

The Seller commits to delivering the product within a maximum of 30 days after the conclusion of the contract, unless otherwise agreed between the parties.

6.3 Shipping costs

Shipping costs are indicated to the Customer during order validation. They may vary depending on the chosen delivery method and destination.

6.4 Delivery delay

In case of a delivery delay exceeding 7 business days from the announced timeframe, the Customer may, after written notice remaining without effect for a reasonable period, terminate the contract by email. Amounts paid will then be refunded within a maximum of 14 days.

6.5 Reception

Upon reception, the Customer must check the condition of the packaging and the conformity of the delivered products. In case of visible damage, they must report it to the carrier and to hello@orson.com within 3 business days.

Article 7 — Right of withdrawal / Return policy

7.1 Period

The Customer has a period of 90 days from the receipt of the product to return their order for a refund or exchange, without having to justify reasons or pay penalties.

This 90-day window is a commercial gesture that exceeds the standard 14-day legal cooling-off period applicable in the European Union.

7.2 Exercise procedures

To exercise this right, the Customer must notify the Seller of their decision by an unambiguous statement, by email to hello@orson.com.

The Customer must then return the product to the address communicated by return email, in its original packaging, in perfect condition, unworn, unwashed, with tags attached, within a maximum of 14 days following the notification.

7.3 Return costs

Return shipping costs are the responsibility of the Customer, except in case of a defective product, non-conforming item, or error on our part.

7.4 Refund

The Seller will refund the entirety of amounts paid (product + initial standard shipping costs) within a maximum of 14 days from the receipt of the returned product, or from the proof of shipping by the Customer, whichever is earlier.

The refund is issued by the same payment method used for the order, unless expressly agreed by the Customer for another method.

7.5 Exclusions

For hygiene and health protection reasons, returns cannot be accepted for:

  • Products that have been manifestly worn or washed
  • Products made to measure or clearly personalized
  • Products unsealed after delivery that cannot be returned for hygiene reasons

Article 8 — Warranties

8.1 Conformity warranty

The Seller is required to deliver a product that conforms to the order and is responsible for conformity defects existing at the time of delivery.

The Customer has a period of 2 years from the delivery of the product to act.

The Customer may choose between repair or replacement of the product.

8.2 Hidden defects warranty

The Seller is liable for hidden defects in the sold item that make it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known about them.

The Customer may decide to enforce this warranty within a period of 2 years from the discovery of the defect. They may then choose between rescission of the sale or a reduction in the sale price.

8.3 Warranty enforcement

To enforce one of these warranties, the Customer must contact customer service at hello@orson.com, specifying the nature of the problem and attaching any useful supporting documents (photo, order number).

Article 9 — Customer service

For any question, claim, or request relating to an order, you can contact our customer service:

We commit to replying within 48 business hours.

Article 10 — Liability

The Seller cannot be held responsible for non-performance of the contract in case of force majeure, disruption or total or partial strike of postal services and means of transport, in case of flood, fire, or any other event beyond its control.

The Seller cannot be held responsible for damages resulting from misuse of the product or use not in conformity with its intended purpose.

The Seller cannot be held responsible for any indirect damage resulting from the use of orsonmen.com or the purchased products.

To the maximum extent permitted by applicable law, the Seller's total liability for any claim arising from these Terms shall not exceed the amount paid by the Customer for the product giving rise to the claim.

Article 11 — Intellectual property

All elements of the orsonmen.com website (texts, images, trademarks, logos, design, source code) are the exclusive property of CHAMSAK LLC or are subject to authorizations of use. Any unauthorized reproduction or use is strictly prohibited.

Article 12 — Personal data

Personal data collected as part of the order is processed in accordance with our Privacy Policy. The Customer has rights of access, rectification, erasure, and objection regarding their data, to be exercised with hello@orson.com.

For EU residents, GDPR rights apply. For California residents, CCPA rights apply. For UK residents, UK GDPR applies.

Article 13 — Dispute resolution

In case of dispute, the Customer is invited to first contact the Seller's customer service at hello@orson.com to seek an amicable solution.

For European Union residents, the Customer may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr

If no amicable solution is found, disputes shall be resolved according to the law and jurisdiction specified in Article 14.

Article 14 — Governing law and jurisdiction

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict of law provisions, except where mandatory consumer protection laws of the Customer's country of residence apply.

In case of dispute, after attempting amicable resolution, the parties agree to submit to the exclusive jurisdiction of the competent courts of Bernalillo County, New Mexico, USA, unless mandatory local consumer law of the Customer's country of residence provides otherwise.

Nothing in these Terms shall limit the Customer's mandatory rights under their local consumer protection laws.

Article 15 — Severability

If any of the provisions of these Terms were judged null or inapplicable by a competent jurisdiction, the other provisions would remain fully in force.

Article 16 — Entire agreement

These Terms constitute the entire agreement between the parties concerning the subject matter hereof and replace any prior agreement, written or oral, relating to the same subject matter.


ANNEX — Withdrawal form template

(To be copied and completed by the Customer only if they wish to withdraw, then sent to hello@orson.com)

To the attention of CHAMSAK LLC — ORSON 8206 Louisiana Blvd NE, STE A #5085 Albuquerque, NM 87113, USA hello@orson.com

I hereby notify you of my withdrawal from the contract relating to the sale of the following item(s):

  • Product reference(s): ___________________________________
  • Order number: ___________________________________
  • Ordered on: ___________________________________
  • Received on: ___________________________________
  • Customer name: ___________________________________
  • Customer address: ___________________________________
  • Date: ___________________________________
  • Signature (only if paper notification): ___________________________________