General Conditions of Sale (GSC)
This website omaikid.com (the "Website") is published by the company OMAÏKID, sole trader registered in Noumea, New Caledonia, under the number 1 160 746.002, with its registered office located at 4 rue Édouard Unger, Nouméa, New Caledonia (hereafter called "OMAÏKID").
These general conditions of sale (the "General Conditions") are concluded between OMAÏKID and any physic person (the "User") wishing to make a purchase on the Website (hereinafter referred to as the "Parties").
The Parties agree that these Terms and Conditions govern their relationship exclusively. OMAÏKID reserves the right to modify the General Conditions punctually. They will be applicable as soon as they are posted.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in New Caledonia.
ARTICLE 1: OBJECT
The General Conditions are intended to define the terms of sale between OMAÏKID and the User, from ordering to after-sales services, through payment and delivery.
ARTICLE 2 - PRODUCTS
The products governed by these Terms and Conditions are those appear on the Website and indicated as sold and shipped by OMAÏKID (the "Products"). They are offered within the limits of available stocks.
Products are described and presented as accurately as possible. However, if errors or omissions may have occurred regarding this presentation, OMAÏKID's liability could not be engaged.
The photographs of the Products are not contractual.
ARTICLE 3 - PRICES
The prices of the Products are indicated in the currency chosen by the customer, all taxes included. They include the taxes and any discount applicable on the day of the order.
The prices of the Products are exclusive of delivery charges (shipping and packing of the package). The amount of delivery charges will be specified on the order form before validation of the order.
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the Products on the Website.
However a price can not be modified once the order of the User has been validated.
ARTICLE 4 - ORDER
4.1 Prior identification of the User
To place an order, the User must identify himself with his email address or his customer number and password. For any first order, the User must follow an account creation procedure indicated on the Website.
In case of password’s loss, the User may request it again via his customer account. He will then receive his password on the email address he communicated at the time of registration.
The User may also contact Customer Service by email at email@example.com for assistance.
4.2 Registration and validation of the order
The User has the opportunity to order products directly on the online store. Once the basket has been validated, the User must accept the General Conditions, choose the address and delivery method, and finally validate the payment’s method, this last step formalizing the sales contract between OMAÏKID and the User.
Any order implies acceptance of prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below (Article 7).
OMAÏKID will acknowledge the receipt of the order upon validation by sending an email.
In some cases, including default of payment, wrong address or other problem on the account of the User, OMAÏKID reserves the right to block the order of the User until the problem is solved.
In case of unavailability of a Product ordered the User will be informed by email. The cancellation of the order of this Product and its possible refund (only Products available at the time of the order can be the subject of a refund), will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the User must consult his account on the Website or contact the Customer Service by email at firstname.lastname@example.org
ARTICLE 5 - TERMS OF PAYMENT
The payment is processed at the validation of the order.
The User can pay by credit card (Visa, Mastercard, Discover, American Express, JCB cards) and Paypal.
In case of exhausted Products or unavailable after the validation of the order, the refund will be made before shipping the rest of the order.
ARTICLE 6 - DELIVERY
Orders are shipped from a logistics hub in Hong Kong to provide international customers an optimal shipping.
OMAÏKID uses the services of UPS, DHL and Morning Express (Hong Kong only) in order to deliver the orders of the Users under the best conditions.
The delivery times usually noted are between seven (7) and fourteen (14) days from the final validation of the order (subject to availability of products and the User has provided correct data). In any case, these deadlines can not exceed thirty (30) days.
Due to the global health crisis (Covid-19), delivery times may be extended without notice. The responsibility of OMAÏKID cannot be engaged concerning the delivery times until it doesn’t come back to normal. Above conditions will be waived accordingly.
The User undertakes to recover his parcel within the time limits communicated by the carrier. The order of the User will be automatically returned to the sender after this time.
Delivery costs vary depending on the carrier chosen, the weight of the order and the country of destination.
ARTICLE 7 - REFUND AND EXCHANGE
The User has a right of retract of thirty (30) days from the reception of his order. It may request the refund of returned items in the state in which they were received with all items (accessories, packaging, instructions ...), without having to justify, to the shipping address (logistics platform).
Only the shipping costs of goods return will be at his expense.
OMAÏKID undertakes to refund as soon as possible and in any case within thirty days from the receipt of the returned merchandise.
The refund will be made in the same way as the initial payment. Thus, if the User has paid his order by credit card, OMAÏKID will re-credit his bank account / card, and if he paid his order via Paypal, his Paypal account will be credited.
If the User wants more information about his rights please contact us at email@example.com.
However, if the User refuses the package upon delivery because it is damaged or open, it will be returned to OMAÏKID by the carrier initially chosen. In this case, the User will not bear the cost of returning the goods and will be refunded the price of his order.
ARTICLE 8 - GUARANTEES
All products sold by OMAÏKID are subject to rigorous quality controls.
However, and despite the greater attention paid to the manufacture of the products, it is possible that some items prove to be defective, or that a reference does not correspond to the one ordered.
In accordance with the legal provisions in force relating to the conformity of the good, the defective Products (not due to the Customer use) or not matching with the order will be refunded or exchanged following the choice of the Customer.
The Products must be returned to the logistics platform in the condition in which they were received with all the elements (accessories, packaging, instructions ...), after having notified the OMAÏKID customer service.
For any complaint, the User is asked to contact the customer service by email at firstname.lastname@example.org
ARTICLE 9 - SIGNATURE AND EVIDENCE
In any case, the online supply of the credit card number and the final validation of the order will be a proof of the said order. This validation constitutes a signature and express acceptance of all the operations carried out on the Website.
However, in case of fraudulent use of his credit card, the User is promptly invited to complete an objection with his bank and contact the Customer Service referred to in the preamble.
The computerized records stored in the computer systems of OMAÏKID and its partners under reasonable security conditions, shall be considered as evidence of communications, orders and payments between the Parties.
The filing of purchase orders and invoices is carried out on a reliable and durable system for a faithful and durable copy.
ARTICLE 10 - LIABILITY
OMAÏKID undertakes to describe with the greatest accuracy the products sold on the Website.
OMAÏKID's liability can not be engaged in the event that the non-performance of its obligations is attributable either to the unpredictable and insurmountable event of a third party to the contract or in a case of force majeure. Similarly, OMAÏKID can not be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
ARTICLE 11- PARTIAL NULLITY
If one or more stipulations of the present GSC are considered as invalid or declared as such under a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain all their strength and all their scope.
ARTICLE 12- APPLICABLE LAW
These general conditions are subject to French law as applicable in New Caledonia. Any dispute relating to the interpretation and / or the execution of the present conditions falls under the jurisdiction of New Caledonia.
General conditions of use (CGU)
Navigation conditions :
This site (omaikid.com) is optimized for computers, tablets and smartphones use. OMAÏKID do all its best to ensure a reliable information and update of its websites. However, errors or omissions may occur. The user must therefore ensure the accuracy of information from the company (contact above) and report any changes on the website that could be useful. OMAÏKID is in no way responsible for the use made of this information, and any direct or indirect damage that may result.
The omaikid.com website may ask you to accept cookies for statistical and display purposes. A cookie is information stored on your hard drive by the server of the site you are visiting. It contains several data that are stored on your computer in a simple text file that a server accesses to read and save information. Parts of this site may not be functional without the acceptance of cookies.
Intellectual property :
All the contents of this site omaikid.com, including, but not limited to, the graphics, images, text, videos, animations, sounds, logos, gifs and icons and their formatting are the exclusive property of the company with the exception of trademarks, logos or content belonging to other partner companies or authors. Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these elements is strictly prohibited without the express written consent of OMAÏKID. This representation or reproduction constitutes an infringement punishable by articles L.335-2 and following of the Code of Intellectual Property. Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer. In addition, owners of copied Content may sue you.
The present conditions of the site omaikid.com are governed by the French law as applicable in New Caledonia, and any dispute or litigation that could arise from the interpretation or the execution of these will be the exclusive competence of the courts on which the head office of the company depends. The reference language for settling potential disputes is French.
Personal data :
In general, you are not required to provide us with your personal information when you visit our website omaikid.com. However, this principle has some exceptions. For certain services offered by our website, you may be required to provide us with certain data such as: your name, e-mail address and telephone number. This occurs when you complete the contact form that is available online. In any case, you may refuse to provide your personal data. In this case, you will not be able to use the site's services, such as soliciting information about our company, or receiving newsletters. We also may automatically collect certain information about you during a simple navigation on our website, including: information about the use of our site, such as the areas you visit and the services you access, your address IP, the type of your browser, your access times. This kind of information is used exclusively for internal statistics purposes, so as to improve the quality of the services offered to you. The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
Sole trader company
Headquarters: 4 rue Édouard Unger Nouméa
RCS of Noumea n ° 001 160 746 - RIDET: 1 160 746.002
Contact us :
For any information or advice, you can contact us:
OMAÏKID 4 RUE ÉDOUARD UNGER, PACIFIC PLAZA APPT151, NOUMÉA, NEW CALEDONIA
You can report any inappropriate or illegal content to the following address: email@example.com
Website’s publisher :
Editorial Manager: Émilie GAUDILLIERE
Host : Shopify
Website : fr.shopify.com
Axelle Nardoux Web Designer
Website : www.axellenardoux.com