Terms & Conditions

GTC/UGU WTO

These General Terms and Conditions of Sale are entered into between OH MY CREAM, SAS with capital of €32,219, registered with the Paris Trade and Companies Register under number 751427527, whose registered office is at 47 rue de Babylone, 75007 Paris, and any person who has made a purchase from the http://www.ohmycream.com website, hereinafter referred to as "the Customer". Any purchase from thewww.ohmycream.com website (hereinafter referred to as the "Site") automatically implies acceptance of all of these terms and conditions, which the Customer acknowledges having read prior to placing an order.
Our unique identifier (article R.541-173 of the French Environment Code) : CITEO (Packaging) FR217499_01GDKR.

 

Article 1: Buyer’s capacity

The Client who makes a purchase on the site declares that he / she has the legal capacity to accept these Terms and Conditions.

 

Article 2: Price

All prices presented on the website include all taxes. The products’ prices are in Euros, except for products sold towards the United-Kingdom which are in Pounds. Oh My Cream reserves the right to modify its prices without warning; the Client will pay the price he /she was quoted at the moment of purchase. The goods remain the property of Oh My Cream until the payment has been made in full by the Client.

 

Article 3: Presentation of Articles

Oh My Cream undertakes to present and describe the products sold on its website in the most accurate and precise manner as possible.

 

Article 4: Orders

An online order is processed once payment has been accepted by Oh My Cream. Oh My Cream reserves the right to refuse orders placed by customers when previous problems involving payment have arisen. Oh My Cream also reserves the right to request any necessary information from the customer, such as proof of identity or proof of address. If the customer does not respond within 5 days, their order will be automatically cancelled. Oh My Cream only undertakes to process received orders if stocks allow it.

Article 5: Delivery to mainland France

Any order placed before 2pm will be dispatched the same day, except for orders placed on Saturday and Sunday that will be despatched the following Monday, as well as orders placed on holidays that will be dispatched the next working day.

The customer can choose between several delivery methods: via Colissimo within 48 working hours, via TNT within 24 working hours, via Mondial Relay within 3 to 5 working days.

Article 6: Delivery outside mainland France

Any order placed before 2pm will be dispatched the same day, except for orders placed on Saturday and Sunday that will be despatched the following Monday, as well as orders placed on holidays that will be dispatched the next working day.

Delivery outside mainland France is by IMX or Fedex, depending on the destination. All deliveries to French overseas departments and territories are systematically treated as "international deliveries" according to the postal rates in force on the day the order is placed. For deliveries to the United Kingdom, you can order directly from our English site without customs or import duties. Outside the European Union, customs or import duties may be added to the price of our products and remain the responsibility of the customer. It is therefore the customer's responsibility to check with his local customs office for the amount of these taxes. Shipping costs are at the customer's expense and vary according to destination:

Delivery country

Delivery time (after dispatch)

Standard Shipping

Express shipping delivery time (after dispatch)

Express Shipping

Dom Tom

5 to 10 days

15€

Free for all orders > 150€

 

 

European Union and Switzerland (Spain, Portugal, Germany, Austria, Finland, Belgium, Luxembourg, Netherlands, Denmark, Ireland, Sweden, Italy, Switzerland)

3 to 6 days

8€

Free for all orders > 100€

1 day

15€

7€ for all orders > 100€

Rest of Europe and Norway (Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, Norway)

4 to 7 days

15€

Free for all orders > 150€

2 days

25€

10€ for all orders > 150€

USA

5 to 8 days

15€

Free for all orders > 150€

2 days

20€

5€ for all orders > 150€

Other countries

4 to 10 days

15€

Free for all orders > 150€

2 to 4 days

25€

10€ for all orders > 150€

Oh My Cream offers worldwide delivery except Russia due to custom legislation.

 

Article 7: Payment

A. Methods of purchase

When the Client validates his/her purchase, he/she accepts The Terms and Conditions of Sale. The Client pays for their purchase on www.ohmycream.com:

by Bank card (Visa or Marstercard), through the secure payment platform, Paybox; and/or

- with a gift card.

B. 3D secure payment

It is possible for your order to be carried out through a Secure 3D platform. Secure 3D is an authentication payment method which guarantees optimal security when you shop online. During payment, your bank verifies the identity of the card user before validating the transaction.

How 3D Secure verification works:
Once you've validated your bank details, you'll be transferred to your bank's website. In the 3D Secure window that appears, the authentication procedure to be followed is specific to each bank. You may be asked to:
- Enter your date of birth
- Enter a code received by SMS
- Or answer a personal question.
This is a secure exchange of information between you and your bank. It guarantees the identity of the card user. If you have any questions about your 3D Secure code (obtaining, loss, modification, etc.), please contact your bank directly. WARNING: After 3 failed authentication attempts, your transaction will be cancelled. Your card will be blocked. Please contact your bank.

C. Verification of payment

In order to protect against certain abusive fraud practices, Oh My Cream moderates the orders placed on the website. In order for this to be carried out effectively, our client service team may contact you to collect certain information to validate your order. They may ask proof of address in your name, or in the name of the person to whom the order will be delivered.

 

Article 8: Secure Payment - Protection of bank transfers

Oh My Cream entrusts the security of transactions to the service provider Paybox. The payment is secured using the online payment system of our partner Paybox. The bank details only appear in our systems in encrypted form, this means that they are coded in such a way that they cannot be understood and are therefore never held by Oh My Cream.

 

Article 9: Data Protection

The personal data communicated by the Client on the website www.ohmycream.com are subjected to computer processing. It is processed in order to treat and deliver the orders, to chose free samples and to suggest to the Client products adapted to his / her specific needs. The recipient of the data will only be Oh My Cream.

For information on the processing of your personal data: Our Privacy Policy.

Article 10: Return & Exchange

10.1 Purchases on the website www.ohmycream.com

For all purchases on the website www.ohmycream.com, the Customer has a period of 14 days from the date of receipt of his order to exercise his right of withdrawal without giving any reason.

Pursuant to article L.121-28 of the French Consumer Code and article 16(e) of Directive 2011/83/EU of 25 October 2011, the Client cannot withdraw from contracts as regards the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (e.g. care products, make-up products…). Any product returned to Oh My Cream in violation with article L.121-28 of the French Consumer Code and article 16(e) of Directive 2011/83/EU of 25 October 2011 will be sent again to the Client at Oh My Cream’s expense without the Customer being entitled to any compensation.

To exercise the right of withdrawal, the Customer must notify OH MY CREAM (47 rue de Babylone, 75007 Paris - contact@ohmycream.com) of his decision to withdraw before the expiry of the deadline by means of an unambiguous statement (e.g. letter sent by post or e-mail).

The Client may use the following withdrawal form:

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

To the attention of OH MY CREAM, 47 rue de Babylone, 75007 Paris, contact@ohmycream.com :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date:
(*) Delete as appropriate.

In the event of withdrawal by the Customer, OH MY CREAM shall reimburse the amount of the order, including the delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen, where applicable, a more expensive delivery method than the standard delivery method proposed by OH MY CREAM), no later than fourteen days from the day on which OH MY CREAM is informed of the Customer's decision to withdraw.

OH MY CREAM may defer the refund until it receives the returned products or until the Customer has provided proof of shipment of the products, the date being the earlier of these two events.

When the order was accompanied by a gift offered to the Customer under conditions - for example, gift offered only if a minimum order amount was reached - and the Customer no longer fulfils the conditions necessary to obtain the gift due to the exercise of the right of withdrawal by the Customer, the gift must be returned to OH MY CREAM together with the returned products and OH MY CREAM may defer the reimbursement until receipt of the gift or until the Customer has provided proof of dispatch of the gift, the date retained being the date of the first of these facts.

OH MY CREAM will make the refund using the same means of payment as the one used for the initial transaction, unless the Customer expressly agrees to a different means and this refund does not incur any costs for the Customer.

The Client must return their order to the following address: DUHAMEL LOGISTIQUE, Site 5 pour OH MY CREAM, Voie du Futur, Parc d’Affaires des Portes, 27100 Val de Reuil, no later than fourteen days after the date on which the Client informed OH MY CREAM of their wish to cancel their order. This timeframe will be deemed to have been respected if the Client despatches the order before the end of the fourteenth day.

The Client will have to bear the direct cost of returning the products.

OH MY CREAM advises the Customer to choose a mode of transport with a tracking number. Without a tracking number, OH MY CREAM will not accept any claim.

The Client is only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

10.2 Purchases from OH MY CREAM stores

Products purchased in OH MY CREAM stores cannot be reimbursed. When the Client purchases something in an OH MY CREAM store, they cannot request the reimbursement of the products they have purchased.

In the store, the Customer has a period of fourteen days to make an exchange of equal or greater value than the product initially purchased, or to obtain a credit note in the form of a gift card valid for one year.

Article 11 : Gift cards

A. Gift cards for a specific amount

Les cartes cadeaux montant achetées sur le Site ou en boutiques, sont utilisables pendant 1 an sur l’ensemble des produits proposés sur le Site ainsi que dans nos boutiques, sur présentation du code / QR code reçu par mail (pour toute carte cadeau achetée sur le site) ou sur présentation du code / QR code présent sur la carte cadeau papier délivrée par la boutique (pour toute carte cadeau achetée en boutique). Les cartes cadeaux de soins achetées sur le site français peuvent être uniquement utilisées en France et en Belgique. Les cartes cadeaux de soins achetées en Angleterre sont utilisables uniquement dans nos magasins londoniens.

Amount gift cards can be combined with promotional codes (such as the Goodie Bag offer), but cannot be combined with each other. An amount gift card cannot be used to purchase another amount gift card or a cabin care gift card. Gift cards cannot be exchanged or refunded, even partially, for any reason whatsoever (including theft, loss, damage or expiration). The purchase of one or more gift card(s) on the eshop and in boutiques does not allow you to benefit from our Goodie Bag, including if the basket contains one or more products other than gift card(s).

 
B. Treatment Gift Cards

Les Cartes Cadeaux Soins Cabines achetées sur le Site francais ou en boutiques, sont utilisables pendant 1 an dans nos boutiques Oh My Cream françaises et belges. Attention toutes nos boutiques ne proposent pas les mêmes soins :

- Flagships specific treatments are only available in our Flagships,

- Concept-store treatments are available in any Concept-store.

If you want to know more about our cabin treatments, you can consult our care map. The delivery of the service in the store will only be possible on presentation of the code / QR code received by email (for any gift card purchased on the website) or on presentation of the code / QR code present on the paper gift card delivered by the store (for any gift card purchased in the store). Care gift cards are neither exchanged nor refunded, even partially, for any reason whatsoever (including theft, loss, damage or expiration). The purchase of one or more care gift card(s) on the eshop does not allow you to benefit from our Goodie Bag, including if the basket contains one or more products other than gift card(s).

 

Article 12: Promotional Codes

Promotional codes apply only to non-rebated base prices and do not apply to limited editions. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used 1 time per customer account unless otherwise instructed by OH MY CREAM. These codes are not refundable in the event of an exchange.

Loyalty Programme

Article 13: Loyalty Programme

A. Object

The "Oh My Cream Club" loyalty program is the Oh My Cream loyalty program (hereinafter the "Loyalty Program"). The Oh My Cream Loyalty Program is a program designed to provide benefits to customers based on purchases made in stores or on the website www.ohmycream.com (hereinafter the "Site").

The Oh My Cream Loyalty Program is dedicated to Oh My Cream customers and gives access to three thresholds offering exclusive advantages, as well as points that can be exchanged for gifts. As such, a gift can be chosen either when ordering on the Site or collected at a point of sale. Oh My Cream customers who join the Loyalty Program are hereinafter referred to as "Members" or "You".

Each euro (VAT inc.) spent on the Site or in an Oh My Cream store allows the Member to win one point (hereafter a “Point”). At each purchase, the threshold is recalculated, based on the expenditure in the 12 months preceding the last purchase.

The Oh My Cream loyalty program is omnichannel, meaning that Points are earned for all orders placed on the Oh My Cream website or in stores, provided that you are logged in to your customer account on the Website or provide your email address in store. For more information, please consult the Loyalty Program FAQ.

 

B. Eligibility

Only physical clients of Oh My Cream are eligible to be members of the Oh My Cream Club. Companies or persons acting for commercial gain may not be members.

The Members undertake to respect Oh My Cream’s General Conditions of Sale and the terms and conditions applicable to the Oh My Cream Club and agree to behave in a way that is loyal to Oh My Cream.

To be part of the Loyalty Program, an Oh My Cream customer must have spent more than €180 (including tax) in the 12 months preceding the last order.

Oh My Cream will only take into account orders placed in the 12 months preceding the date of the last order.

 

C. How the Points work

Each euro (VAT inc.) spent on the Site or in an Oh My Cream store allows the Member to win one point. In order to use their Points, an Oh My Cream client must have spent more than 220€ VAT inc. in the 12 months preceding the date of their last order.

If an Oh My Cream client has not reached the 220€ threshold in the 12 months preceding their last order, Oh My Cream will still take the points into consideration.

Points are personal, nominative and reserved for non-professional clients of Oh My Cream for their own personal use. They cannot be given away, transferred to a third person, exchanged or sold.

For more information, please see the Loyalty Programme FAQ.

Period of validity of Points: Points are valid for 12 months from the last transaction on the Member's Oh My Cream account. If no purchase is made from the Member's Oh My Cream account within 12 months of the last purchase, the Points balance will automatically be reset to zero. The accumulation of Points shall be rounded down to the nearest euro and shall take into account the amount of purchases paid by the Member, net of discounts.

Cancellation of Points: Points relating to a purchase that has been refunded or returned will be cancelled and deducted from the Member's account. In the event of a refund of a purchased item, the corresponding Points will automatically be cancelled. Thus, any Points unduly collected by the Member shall be automatically debited from his/her account by Oh My Cream.

D. Member benefits

The Oh My Cream Loyalty Programme provides access to three thresholds with exclusive benefits. Each threshold has different benefits. To view the benefits available per threshold, please visit the Loyalty Programme FAQ.

 

Silver

(220 Points or more)

Gold

(440 Points or more)

Platinum

(1300 Points or more)

10 % off one order per year

Oh My Cream offers a reduction of 10%, to be used on one purchase, valid for 12 months with no minimum purchase, available from the date of entry into one of the thresholds of the programme, either silver, gold or platinum.

      ✓

      ✓

      ✓

 

Gifts available all through the year

From 300 Points obtained you can exchange these Points in "gift", directly on your customer account or proving your identity in store (selection of this gift only when you place a new order).

 

      ✓

      ✓

      ✓

An exclusive access to our garage sale

The Braderie corresponds to products selected by OMC with a price reduction of up to 40%.

These reductions are available throughout the year and are at the sole discretion of Oh My Cream.

 

      ✓

      ✓

VIP Day – 20%

 Once during the calendar year (from January to December) you will benefit from a reduction of 20 % on one order (no minimum order required).

This 20 % reduction can be applied to all of the products for sale on the Oh My Cream site or in store.

   

      ✓

Exclusive invitations  

Exclusive invitations are personal and cannot be given away, transferred or exchanged for other products or gifts.

 

 

      ✓

Surprises

 

 

      ✓

Loyalty program gifts are not exchangeable or refundable.

E. Personal Data

By participating in the Oh My Cream Loyalty Programme, customers acknowledge that some of their personal data will be passed on to Oh My Cream in order to enable them to join this Loyalty Programme and enjoy the benefits of the Loyalty Programme. As such, all personal data collected, processed and used in connection with the Oh My Cream Loyalty Programme will be used in accordance with the Privacy Policy Oh My Cream Privacy Policy.

F. Rights Reserved to Oh My Cream

Oh My Cream reserves the right to only share special offers in accordance with the different thresholds of the Loyalty Programme. Oh My Cream reserves the right to modify or suspend the Loyalty Programme at any time. Thus, the Oh My Cream Loyalty Programme could be suspended, modified or removed, either in whole or in part, without notice. Oh My Cream can also change the Points thresholds at any moment. At no point can a Member seek to be indemnified in relation to a change or to the cancellation of the Oh My Cream Loyalty Programme.

In the event that the Oh My Cream Loyalty Programme be cancelled or modified leading to the loss to the Member of Points or benefits that were still valid, the Member will be informed by mail and will not have the right to claim any indemnity.

Further, Oh My Cream cannot guarantee that the benefits or Points that have not been used will be redeemable if the Programme is modified.

Oh My Cream reserves the right not to contact inactive Loyalty Programme Members (i.e. those who have not made a purchase in the preceding 12 months) in order to inform them about changes to the Programme or the loss of their Points.

The client will not be compensated where there has been a modification, evolution or cancellation of the Loyalty Programme.

The Member cannot claim compensation, and in particular there will be no compensation in the following situations:

  • fraud, attempted fraud or theft by the Member, either in-store or on the Oh My Cream website,

  • inappropriate use of the Oh My Cream Loyalty Programme,

  • an abnormal number of transactions on the same day or over a number of days,

  • in the event of a payment incident not remedied within one month of a reminder from Oh My Cream, and more generally, in the event of failure to comply with the provisions of Oh My Cream's general terms and conditions of sale and these general terms and conditions of the Loyalty Program.

G. Oh My Cream’s Responsibility

Oh My Cream is exonerated from any responsibility for the direct or indirect consequences of any issues or anomalies relating to the Loyalty Programme, whatever their cause. Oh My Cream will make every effort in order that the Member can retain the benefits relating to their points. In particular Oh My Cream cannot be held responsible if the issue relates to the failure on the part of the Member to carry out their obligations or in the case of force majeure.

H. Partial invalidity - Modification of the terms and conditions

Oh My Cream reserves the right to modify these general terms and conditions and undertakes to inform the Member of any modifications using one of the following methods (email or in updating the terms and conditions via the site at www.ohmycream.com).

If one or several of the stipulations of these terms and conditions was deemed to be null or void, this would not render the remaining stipulations null and void. Oh My Cream reserves the right to adapt or to modify these terms and conditions at any moment and without warning. The adapted or modified stipulations will then apply to any client using the Loyalty Programme thereafter.

I. Litigation - Applicable law & Jurisdiction

These terms and conditions are governed by French law. The French version of the terms and conditions relating to the Loyalty Programme is deemed to be the only valid version. Any litigation resulting from the interpretation or the execution of these terms and conditions shall be judged before the competent French courts.

If you have any questions about our Loyalty Program, you can contact our customer service department at contact@ohmycream.com.

 

Sponsorship Programme

Article 14: Article Programme

Conditions applicable to the Oh My Cream Sponsorship Programme

The Oh My Cream Sponsorship Programme allows Oh My Cream clients to obtain promotional discounts when they place regular orders and when they recommend Oh My Cream to others.

As a member of the Oh My Cream sponsorship programme (a "Sponsor"), you are under an obligation to be aware of and to respect the general terms and conditions of sale and use of the Oh My Cream site and the following conditions relating to the Oh My Cream sponsorship programme.

Definitions

Sponsor A registered Oh My Cream customer (with an Oh My Cream account) who has already made at least one purchase on the ohmycream.com website or in an Oh My Cream boutique.

Referrer A "friend" is a person close to the Sponsor who has not yet purchased an item on ohmycream.com or in a store and to whom the Sponsor shares his personalized link. A "close friend" is a person with whom the Godfather communicates frequently and whom he has already met in person. The Godfather and the Godchild cannot be the same person (including when two different email addresses are used).

Referral link Referral link: a personalised referral link specific to each Sponsor, provided to you by Oh My Cream.

Referral discount 10% off your first Oh My Cream order, to be used on the ohmycream.com website or in Oh My Cream shops, valid for 6 months after the referral link is issued.

Sponsor discount 10 discount for a purchase of €60 or more on the ohmycream.com website or in Oh My Cream stores, valid for 6 months from the time the Referred Friend makes his/her first purchase with the promotional code.

About our Programme

How does the Sponsor obtain a discount 

The Sponsor can obtain a discount of ten (10) euros when he or she spends sixty (60) euros. To be redeemed on the ohmycream.com site or in store on a future Oh My Cream purchase if one of the Sponsorees clicks on his or her sponsorship link (which will have been sent by mail), creates a new Oh My Cream account and makes a first purchase on the ohmycream.com site or in store in the 6 months following the date on which the code was generated. Once the code has been used by the Sponsoree and the purchase made, the Sponsor will receive a discount to be used in the following six months, either on the ohmycream.com site or in one of the stores. The Sponsor may recommend up to fifty (50) friends or family members.

How does the Sponsoree benefit from a discount

To benefit from the Sponsoree discount, the Sponsoree must click on the Sponsorship link from the Sponsor and make a purchase on the ohmycream.com site or in one of the stores. When purchasing from the site, the Sponsoree discount will be automatically applied to the price of the Sponsoree’s order and can be used once only in the six months following receipt of the link by mail. In store, the Sponsoree must provide his or her code which can be found in his or her client account.

Exclusions 

Each discount code is unique and cannot be combined with any other promotional code.

Rules

Oh My Cream reserves the right to examine, enquire about and ultimately disqualify any person who acts contrary to the spirit of the Oh My Cream Sponsorship Programme, such as by attempting to obtain a reduction by sponsoring themself using a different email address or by distributing the Sponsorship link as spam or for commercial purposes. Oh My Cream can withhold a discount whilst enquiries are ongoing and can also refuse to process an order without giving a specific reason. If you or your Sponsoree cancel your order, the discount may no longer be valid or may be withdrawn.

Sponsors must agree to conform to the applicable commercial regulation and laws which may include the laws in force in the country of residence of the Sponsoree. For example, emails must be created and sent personally; the mass distribution of mails is not permitted. Any distribution of the sponsorship link that could constitute unsolicited commercial mail distribution, commercial prospecting or spamming is expressly prohibited and will give rise to the immediate resiliation of your account and exclusion from the Oh My Cream Sponsorship Programme.

Eligibility

Only physical persons are eligible to join the Oh My Cream Sponsorship Programme. It may not be used by companies for commercial purposes.

Confidentiality

When using the promotional offer, the Sponsoree accepts that some personal data may be shared with the Sponsor, such as the confirmation of a purchase by the Sponsoree or the receipt by the Sponsor of a Sponsoree reduction. For this reason, Oh My Cream recommends that Sponsorees use only the personal Sponsorship code received from someone that they know and trust. All personal data collected, treated and used as part of the Oh My Cream Sponsorship Programme, including that of the Sponsor and Sponsoree, will be used in accordance with the Oh My Cream confidentiality policy.

Right to close an account

Oh My Cream reserves the right to close any Sponsor or Sponsoree account and to request the appropriate payment in the event that a Sponsor or Sponsoree attempts to use the Sponsorship Programme in a way that shows bad faith or malicious intent or that contravenes the present Terms and Conditions.

Right to close the Programme or to modify the present conditions

Oh My Cream reserves the right to close the Sponsorship Programme or to modify the present conditions at any point and without consultation. In the event that the programme is cancelled, Oh My Cream undertakes to inform any clients with active promotional codes by mail 2 weeks before the closure of the programme.


If you have any questions about our sponsorship programme, you can contact our customer service department at contact@ohmycream.com.  

 

Article 15: Intellectual Property

All elements present on the www.ohmycream.com website, whether visual, textual or audio, are the exclusive property of OH MY CREAM, or of the holder of the intellectual property rights concerned, and are therefore protected by the intellectual property code and copyright. As such, any reproduction of the OH MY CREAM brand or the www.ohmycream.com website, whether partial or complete, is strictly prohibited.

It is permitted for links to be made to our site, however this must be done in an honest manner and such a link cannot pose a threat to our good name or seek to profit from our reputation. It is strictly forbidden to put a link to our website on a site that is not your own nor to imply a link to Oh My Cream where no such link exists. We reserve the right to remove links without notice.

 

Article 16: Limitation of liability

OH MY CREAM cannot be responsible to third parties for indirect damage, special damage or any events stemming from the failure or negligence of the Client or as a result of the incorrect use by the Client of a product sold on the site www.ohmycream.com. As regards access to or consultation of the site, the order process, the payment for delivery or service, OH MY CREAM is only under an obligation of means. OH MY CREAM cannot be held responsible for issues arising from the use of the internet and in particular any issues relating to the internet connection or to a virus. Further, OH MY CREAM cannot be held responsible for any event qualified as force majeure as per the jurisprudence of the French Cour de Cassation. Finally, OH MY CREAM’s responsibility is limited to the amount of the Client’s order.

 

Article 17: Legal Guarantee

Products sold on the website www.ohmycream.com are subject to the legal guarantee relating to compliance and to the guarantee against latent defects as per articles 1641 and the subsequent articles of the civil Code.

17.1 Legal Guarantee of compliance

Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. Article L. 217-5 of the Consumer Code: The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.


17.2 Warranty on defective items

Article 1641 of the Civil Code: The Seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

When the Client brings an action based on the legal guarantee of conformity for goods, he / she:

- has a period of two years from the date of delivery of the goods to take action;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L.217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The legal guarantee of conformity for goods applies irrespective of the commercial guarantee that the seller may have granted.

The Client can bring an action based on the warranty against latent defects of the sing sold as provided by article 1641 of the French Civil Code and may chose in that case between (1) returning the thing and having the price returned to him or (2) keeping the thing and having a part of the price returned to him pursuant to article 1644 of the French Civil Code.

 

Article 18: Litigation - Complaint - Information

Si vous avez une question, une réclamation ou besoin d’informations relatives aux conditions de vente en ligne mises en place par OH MY CREAM, adressez-vous au Service Client par courrier électronique à l’adresse suivante : contact@ohmycream.com.

Conformément aux dispositions du Code de la consommation concernant le règlement amiable des litiges, Oh My Cream! adhère au service du médiateur du e-commerce de la Société de la Médiation Professionnelle (smp) dont les coordonnées sont les suivantes : Médiateur-Consommation-smp - 24, rue Albert de Mun - 33000 Bordeaux- https://www.mediateur-consommation-smp.fr/ . Après démarche préalable écrite des consommateurs vis-à-vis d'Oh My Cream! et en cas de réclamation non résolue amiablement par le Service Client d'Oh My Cream!, le Service du médiateur peut être saisi pour tout litige de consommation dont le règlement n’aurait pas abouti.
Au niveau européen, la Commission Européenne met à votre disposition une plateforme de résolution en ligne des litiges,  cliquer ici.

 

Article 19: Applicable Law

The Customer accepts and fully acknowledges that French law governs these General Terms and Conditions of Sale, as well as any dispute or litigation that may arise between the Customer and OH MY CREAM. Furthermore, the Internet user (or the Customer) accepts that in the event of a dispute, following a visit to or a purchase from www.ohmycream.com, the French courts shall have jurisdiction.

 

Article 20: Modification of the GCU/CGV

OH MY CREAM reserves the right to modify and update the GTC/CSR without prior notice. OH MY CREAM will publish the new GTC/CSR on its Website. In order to be informed of these possible modifications, OH MY CREAM advises the Customer to reread the GCU/General Terms and Conditions of the Site regularly. The Customer's order shall be subject to the GTC/GVS in force at the time of the order.

 

Declaration relating to data protection

1. Collection and general use of details

a. Ordering: When you place an order with us, we record your details in order to process your order and to ship the products you have purchased. This information is also stored for security purposes, to comply with legal and regulatory obligations, and to enable us to improve and personalise our offers. Your e-mail address is used to send you an order confirmation and to communicate with you if necessary. Your e-mail address is also used to identify you when you log in to your user account. The personal data collected on www.ohmycream.com are exclusively reserved for OH MY CREAM.

b. Logging into your user account: When you place an order on our site, we offer you access to your "User Account" protected by a password. This allows you to access information about your past orders and to correct your personal information if necessary. It is important that you do not disclose your User Account information to any third party.

c. Advertising: We use your information to send you information about our products and to recommend products for sale on our site that may be of interest to you. We use email advertising only to the extent permitted by law.

d. Newsletter Subscription: If you choose to subscribe to our newsletter, you will receive information about special offers which you can stop receiving at any time by clicking on the link provided in each newsletter. The information collected when you subscribe to our newsletter allows us to make more relevant commercial offers to you.

e. Consultation of websites: For security reasons, during your visits to our site the following data may be collected and temporarily recorded: domain name or IP address, http response code, number of bytes transferred, address of the website from which the user arrived. This data is collected completely anonymously (we collect the data but do not associate it with an identity) and allows us to provide more relevant offers to our users.
 

2. Saving Data Using Cookies

A cookie is a small file stored on your computer. It contains information on the navigation carried out on the pages of our site. It makes it easier for the same person to use the site later and to remember the preferences chosen by a user during a visit. You can limit the use of cookies by configuring your browser, although this will limit the use of certain services we offer on our site. You also have the option of deleting cookies manually.

Google Analytics We use Google Analytics, a service of Google Inc. ("Google") to understand how users interact with our site. Google Analytics uses cookies. The information obtained with the help of the cookie about your use of the www.ohmycream.fr website (including your IP address) is transferred to a Google server where it is stored. The terms of use of Google Analytics, to which OH MY CREAM has agreed, prohibit the transmission to Google Analytics of personally identifiable information, including (but not limited to) names, e-mail addresses or bank details. Google uses this information to evaluate your use of our website and to provide other services related to your use of our website. You can restrict the use of cookies by configuring your browser, although this will limit the use of some of the services we offer on our website. Cookies can also be deleted manually. If you do not want your browser to use Google Analytics, you can install the browser add-on for the deactivation of Google Analytics: https://tools.google.com/dlpage/gaoptout

. By using our website you agree to the processing of data about you by Google for the purposes described above.

For more information about the use of cookies by OH MY CREAM, please see our Cookie Usage Statement (bottom of this page).

Data protection on Ask OMC 

To facilitate your exchanges with our customer service, we use the Hero chat application. This application is developed and offered by the American solution Hero, in compliance with European regulations. The data that Hero collects is stored in the European Union and is only kept for the time strictly necessary for our internal quality control. 

To find out more about Hero's data protection policy, please visit this page.

3. Secure transfer of details

Our site is covered by a security system. We have adopted the process of SSL crypting (Secure Socket Layer) which assures the protection against loss, damage, access, modification or circulation of your details by non-authorised third parties.
 

4. Your rights

Access and rectification rights: In accordance with the law "informatique et libertés" n°78-17 of January 6, 1978 modified, you have a right of access, modification, rectification and deletion of the data which concern you. For any request relating to the processing of your personal data or to exercise your rights, we invite you to write to us, indicating your contact details, at SAS OH MY CREAM 5 rue d'Aguesseau 75008 Paris - contact@ohmycream.com.

Right of objection and cancellation: You can cancel, at anytime, the use of your personal data for advertising or study purposes. To do this, please write to us via email or post to the above address.

Cookies policy

The Internet site www.ohmycream.com (hereafter the « Site ») is made available to you in accordance with this Cookie Policy, together with the Terms and Conditions of the site and the specific terms and conditions mentioned on various pages of the Site (collectively the « Terms and Conditions »).

We recommend that you read this Cookie Policy before using the Site or reading any content, making use of any service or acquiring any product via the Site. By using the Site you accept, without restriction or qualification, this Cookie Policy in its entirety.

Definition

A cookie is a text file that contains a small amount of information downloaded to your computer or mobile device when you visit a website. A cookie is then returned to the original website when you visit it again or at another site that can recognize the given cookie. Cookies are useful because they allow a website to recognize the user's device. For more information on cookies, visit www.allaboutcookies.org.

Cookies on this Site

In order to help you browse the Site effectively, OH MY CREAM uses cookies or other similar systems. These Cookies help to improve the service we provide insofar as they are able to record information pertaining to your navigation on the site.

These cookies do not identify you individually.

On this Site, cookies have several functions. They allow you to navigate between pages effectively, to keep your preferences in memory and, in general, to improve your experience on the Site. They also help to make online advertising more relevant to you and your interests.

The cookies used on this Site can be classified into four categories: (1) strictly necessary cookies; (2) cookies contributing to the performance of the Site; (3) cookies recording functional requests; and (4) targeted cookies. Below is a description of each of these types of cookies.

- Cookies strictly necessary: These cookies are essential, they allow you to browse the Site and use its features, including access to secure areas on the Site. Without these cookies, the services you request can not be provided. These cookies do not collect information that can be used for marketing purposes. By using this Site, you agree that we may place such cookies on your device.

- Performance Cookies: These cookies collect information about how you use this Site. For example, they can collect information about the pages you visit most often and save if you have received an error message on any of the pages of this Site. These cookies do not collect information directly to identify you. When you provide us with identifying information, we may use these cookies to adapt the Site based on the information you provided to us and your activities on the Site. By using this Site, you agree that we may place such cookies on your device.

- Preference cookies: These cookies allow a website to remember choices you have made in the past: user name, choice of language or region for example. The Site then uses this information to provide you with improved functionality. These cookies can also be used to remember modifications you have made, for example the size and style of the font. If the data collected by these cookies is anonymous, the cookies can identify you when the data is combined with other information since they observe information relating to your internet service provider. They do not collect any information that could be used to target you with advertising nor to ascertain your browsing habits. When you modify the options or the settings of the Site, you accept that OH MY CREAM will place preference cookies on your device. In using the Site, you accept that we will place this type of cookie on your device

- Targeted cookies: These cookies collect information about your browsing habits. They have two different uses.


1. Analytical: These cookies allow OH MY CREAM to understand a user’s browsing habits using Google Analytics. The data collected is aggregated and not personal.


2. Commercial function: These cookies are generally placed by advertising networks - in the case of OH MY CREAM only by Facebook - which record what you have viewed on the Site and share this information with other organisations, including advertisers. This allows online advertisements to be more tailored to you and your interests. Although these cookies can track your visits to websites, they generally do not know who you are. Without these cookies, online advertisements will be less relevant to your interests.
By using this Site, you consent to the placement of these cookies on your device.

Possibility to restrict or block cookies

You can prevent the use of all cookie types by using the cookies banner which appears on the site when you are browsing.

You can also configure the settings of your browser so as to limit the use of cookies or to block them entirely (either on the Site or elsewhere on the web). Your browser may provide information on how to personalise your settings.

You can also visit www.allaboutcookies.org for general information on cookies and how to set cookie settings in various browsers. This Site also explains how to remove cookies from your computer. You may also refuse targeted cookies from certain vendors using the denial process presented by www.youronlinechoices.eu.

Please note that restricting cookies may affect the functionality of the Site.

 

Contents