ONE WAY TICKET - OWT
Société par actions simplifiée With a share capital of 2,000 euros
Registered office: BP 706 97133 Gustavia
RCS BASSE-TERRE

1. Scope of application

The present General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") apply without restriction or reservation to all sales concluded between ONE WAY TICKET - OWT, a simplified joint stock company with capital of TWO THOUSAND (2,000) euros, whose social headquarters are located at BP 706 97133 Gustavia RCS BASSE-TERRE, registered in the BASSE-TERRE Trade and Companies Register under No. RCS 982 172 736 R.C.S., VAT No. FR48982172736.

2. Definitions

• CGV: general terms and conditions of sale
• The company: ONE WAY TICKET - OWT
• The customer: any purchaser of items sold online by the company

3. General

These General Terms and Conditions of Sale are available at all times on the company's website: https://onewayticket-stbth.com. The company may modify the version of the General Terms and Conditions over time for updating purposes, so that the version applicable to the customer will be the one in force on the site on the day of online purchases.

Each purchase on the Site is subject to all the clauses of the General Terms and Conditions of Sale applicable on the date the order is placed. The customer may only validate an order after having read and accepted the present Terms and Conditions by ticking the appropriate box. 

The company considers that by validating the order, and by ticking the box provided for this purpose, the customer has duly read the general conditions of sale and accepts them unreservedly.

By validating these GCS at the time of ordering, the customer declares that he/she has the legal capacity to enter into a contract within the meaning of articles 1145 et seq. of the French Civil Code, and certifies that he/she is a non-trading natural person of legal age acting for his/her personal needs, or a duly registered legal entity acting within the framework of its professional activity. 

These general terms and conditions of sale apply to the exclusion of all other terms and conditions of purchase, in particular those applicable to sales of products in stores or through other distribution and marketing channels. 

If the customer is a consumer, he/she has specific rights under the Consumer Code. These rights do not apply to purchases on the company's website by professional individuals or legal entities.

4. Object

The purpose of the present conditions is to define the rules applicable to the online sale of materials and customizable decorative objects offered by the company on its online Site. 

These general terms and conditions of sale govern :

• Organization of legal relations between the company and the customer,
• Terms of sale between the company and the customer (order, delivery, etc.).

The company's website contains all the information concerning the items offered for sale.

5. Control

The customer can place an order on the Site using the following ordering process: 

• Select items and add to basket 
• Cart contents validation  
• Identification on the customer's site for the passion of the order - Choice of delivery method 
• Acceptance and payment 
• Payment confirmation

5.1 . Customer identification  

To place an order, the customer must log on to the Site. The Site is accessible 24/7, subject to incidents affecting service levels. 

When placing an order for the first time, the customer must fill in the information required to place the order. The customer expressly undertakes not to use false information or information from third parties. 

For subsequent orders, the customer may access his account by entering his login and password. The customer is entirely responsible for his login and password, and undertakes to keep them confidential. 

5.2 Placing an order  

Customers wishing to place an order select products on the Site. Once the selection has been made, the customer must click on the "BUY" button. The shopping cart is thus created by the customer. 

The ordering process takes place in 4 stages, following validation of the basket by the customer:

 a. Order summary: 

The customer checks the contents of his or her basket and can enter any advantage code allocated by the company, enabling him or her to benefit from an offer currently available on the Site.

b. Delivery : 

Prior to the final validation of the order, the customer has the opportunity to make changes if he/she notices that an error has occurred in the data entry. 

c. Validation 

The customer will be able to validate his order only after having taken knowledge of the present general conditions and having accepted them by notching the box dedicated to this effect.

d. Payment :

Once steps a), b) and c) have been completed, the customer must select a payment method and confirm payment. 

Payment for purchases is made by credit card, PayPal or any secure online payment platform offered by the company directly on its Site. Payment will be debited at the time of order confirmation.

e. Combating payment fraud: 

Where there is a suspicion of fraud at the time of payment for online purchases, the company reserves the right to ask the customer to provide proof of identity, place of residence and the means of payment used. Failing receipt of such proof, the company reserves the right to cancel any order. 

Requests for supporting documents will suspend the order pending their transmission directly on the site or by e-mail to : contact@onewayticket-stbarth.comor by post to the following address: ONE WAY TICKET - OWT -BP 706 97133 Gustavia.

The company may cancel the order in the event of non-conformity of supporting documents or failure to transmit such documents. In such cases, cancellation of the order shall not entitle the customer to claim any damages whatsoever. 

The company reserves the right to refuse to honour any order in the event of a dispute relating to the payment of a previous order. 

f. Payment confirmation : 

Payment is validated once the steps in the payment procedure described above have been completed.

g. Confirmation: 

Once the order has been validated by the customer and paid for, a confirmation e-mail is sent by the company to the e-mail address indicated by the customer.

The on-line provision of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order in accordance with the provisions of law no. 2000-230 of March 13, 2000, and shall constitute payment of the sums incurred by the seizure of the products appearing on the order form.

6. Information

Information relating to the order is subject to computerized data processing, for which the company is responsible, in accordance with the provisions of the subsequent article relating to these general terms and conditions of sale.

7. Product availability

The product offers presented on the Site are valid while stocks last. Prior to any purchase, the customer is kept informed of product availability. The customer acknowledges and accepts that the company will do its utmost to process and honour all orders that have been confirmed by the latter. 

In the event that, subsequent to confirmation of the order by the company, products become totally or partially unavailable, the company will inform the customer of this unavailability by e-mail.  

In accordance with articles L 216-1 et seq. of the French Consumer Code, the customer may cancel the contract by registered letter with acknowledgement of receipt if, after having requested the company to make the delivery within a reasonable additional period, the latter has not complied within this period.

The company will then refund the order within fourteen days of the date on which the contract was cancelled by the customer. In the event of an order comprising several products, only the missing products will be reimbursed by the company, the order remaining valid for the other products. 

8. Awards 

8.1. TVA

The prices indicated on the Site are in euros and exclude VAT, as the company is not subject to VAT in accordance with the code of contributions adopted by the Conseil territorial on 13/11/2007 in application of the law of 21/02/2007 conferring on Saint Barthélémy the status of Overseas Collectivity. 

Any promotional offers indicated on the Site will be valid while stocks last. 

8.2 Delivery charges 

Product prices include delivery charges, which will be announced and invoiced in addition to the product sale price at the time of order. The price guaranteed to the customer is that displayed on the Site at the time of ordering. The price of the product, fixed at the time of purchase, is firm and definitive. This price is payable in full and in a single instalment. 

The company reserves the right to modify its prices at any time, without prior notice, it being understood that the price displayed when the customer places an order on the Site will not be modified in any way. 

9. Payment

9.1 Terms of payment  

No payment made by the customer may be considered as a deposit or advance payment. The customer pays for the entire order by one of the means of payment indicated in point 5.2 d. above and according to the steps specified in this article. 

Online payments are made via a secure system using current Internet protocols. All orders involving payment by credit card are considered effective only when the relevant payment centers have given their approval. 

9.2 Payment incident - penalties 

The company shall not be obliged to deliver the products ordered by the customer in the event of a payment incident or fraud or for any other reason preventing the effective payment of the order.

In this case, the company reserves the right to suspend or cancel the delivery of orders in progress, and to claim late payment penalties from the customer equal to the legal interest rate applicable by operation of law after prior formal notice has remained without effect, without prejudice to any damages that may be claimed from the customer.

10. Retention of title and transfer of risk

Products ordered remain the property of the company until full payment has been received. However, the company may bring an action for recovery before the competent court if the products are delivered without the company having been paid, as a result of a banking incident or proven fraud subsequent to payment. 

The transfer of risk occurs at the same time as the transfer of ownership, in accordance with article 1196 of the French Civil Code. Should the goods ordered perish during transport, the customer will bear the risks and will not be entitled to claim reimbursement from the company.  

11. Delivery

11.1 Delivery terms

Products are delivered to the address indicated by the customer when ordering on the Site. On receipt, the customer must sign the delivery note. He/she must check the apparent condition of the parcel(s), check the condition of the products inside the parcel(s), check that the products conform to the order form on the one hand, and to the goods ordered on the other.

It is therefore the customer's responsibility to carry out all necessary checks to assess the conformity of the products upon delivery.

In the event of anomalies noted on delivery, the customer must make the necessary reservations, detailed, legible and as precise as possible: (breakage, damage, non-conformity: product error, different color and/or dimensions; missing items, etc.) and refuse delivery of the parcel(s), stating the reasons for the refusal.

The customer may express any precise reservations directly on the site concerning the products delivered, at the latest within three days of the date of receipt, or by e-mail to contact@onewayticket-stbarth.com. In the absence of precise reservations formulated by the customer, the delivery will be presumed to conform, subject to the guarantees described below.

11.2 Delivery area - customs duties

The company's products can be delivered in Metropolitan France and in European Union countries. The purchase of goods from a European Union country is not subject to any customs duties. For purchases outside the European Union, the purchaser must pay any customs duties applicable to imported products, in accordance with the legislation of his state.

11.3 Delivery method

The customer chooses the delivery method at the time of ordering (post or parcel post).

11.4 delivery time

The company undertakes to deliver the products ordered by the customer within the time indicated in the order. These delivery times may vary depending on the destination. The company cannot be held responsible for delays in delivery, which are the sole responsibility of the carrier. The company undertakes to keep the customer informed of the progress of his order. During busy periods, delivery times may vary. Delivery times are subject to product availability.

Delivery times are calculated in working days (except Sundays and public holidays). Delivery times run from the date of receipt by the customer of an e-mail confirming the order. In the event of delivery problems, the company undertakes to do its utmost to inform the customer of any delivery date overrun.

11.5 Liability

The company cannot be held responsible if the delay in delivery is due to force majeure. If the delivery deadline is exceeded, and if this is not due to force majeure, the customer may cancel the sales contract directly on the website or by e-mail to the following address: contact@onewayticket-stbarth.com or by registered letter with acknowledgement of receipt to : ONE WAY TICKET - OWT - BP 706 97133 Gustavia.

The sale will be considered cancelled if delivery has not taken place prior to receipt of the email or letter by the company. The amount of the sale paid by the customer will be reimbursed no later than 14 days following the customer's request for cancellation.

10.6 Delivery charges

Delivery charges are displayed on the Site and are specified to the customer when the order is placed, in particular when the basket is validated. Shipping costs depend on the weight and volume of the order and the delivery zone. The cost of delivery will appear in the order summary before final validation. Delivery charges may be offered free of charge on an occasional basis, solely as part of the company's promotional marketing operations.

12. Product information

The company takes the utmost care in disseminating information online concerning the essential characteristics of products, and undertakes to provide descriptions in the form of a "product sheet".
The company publishes photographs of products on its site, within the limits of technology and in compliance with the best market standards. There may be slight variations, particularly in presentation, between the products delivered to the customer, particularly those made by hand, and those shown on the site.

The company cannot be held responsible for any minor visual differences that do not affect the essential characteristics of the products.

13. Right of withdrawal

In principle, in accordance with the provisions of article L 221-18 of the French Consumer Code, the consumer customer has a cooling-off period of 14 clear days from the day following the conclusion of the sales contract.

However, according to article L 221-28, in the case of the sale of clearly personalized products, requiring specific and unusual work on the part of the seller, the buyer has no right of withdrawal. The company manufactures made-to-measure and unique items, which require renewed creativity as and when they are produced, justifying exemption from the provisions of the Consumer Code relating to the cooling-off period.

14. Warranties

After payment of the order, the consumer customer benefits from the legal guarantee of conformity and the guarantee against hidden defects in accordance with the legal provisions of articles L 217-1 to L 218-2 of the French Consumer Code and articles 1641 to 1649 of the French Civil Code. This 2-year period runs from the conclusion of the contract for the legal warranty of conformity, or from the discovery of the defect for the legal warranty against latent defects.

At the time of delivery, the customer must carry out all examinations necessary to detect any damage, shortages, defects or other apparent faults or non-conformity of the products delivered with the order. In particular, he must check the condition of the packaging, the number of packages, and the quantities, references, condition and characteristics of the products.

He must inform the company of any non-conformities or hidden defects within 3 days of delivery if he wishes to obtain an exchange or refund of the product. In the event of product unavailability due to stock shortage, the refund or credit note solution will prevail.

15. Claim

To invoke the legal warranties, the customer must notify the company of the lack of conformity or defect directly on the website or by e-mail, accompanied by photographs of the product subject to complaint, to contact@onewayticket-stbarth.com. The customer must comply with the product return conditions described above. The cost of returning products is borne by the buyer in accordance with the Hamon law of March 17, 2014.

16. Litigation and liability

The company may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular due to a break in service, external intrusion or the presence of computer viruses.

The customer is responsible for verifying the completeness and accuracy of the information he/she provides to the company when placing an order, and in particular the delivery address. The customer is responsible for the information provided when registering and ordering.

The company cannot be held responsible for any input errors that may cause delivery errors. If the delivery address proves to be incorrect, or if the customer decides to change the delivery address after the products have been dispatched by the company, the cost of the new delivery will be borne by the customer.

The choice and purchase of products by the customer are his sole responsibility. Consequently, the total or partial impossibility of using the products, notably due to the incompatibility of the product with the customer's needs, cannot give rise to any compensation, reimbursement or liability on the part of the company, except in the case of the legal guarantees mentioned above.

The company cannot be held responsible for damage resulting from misuse of the products by the customer, or in cases of fortuitous events or force majeure such as carrier strikes or natural disasters such as floods or fires.

17. Data protection

17.1 Collection

The company collects the customer's personal data for the purposes of processing the order, invoicing by the company, satisfaction surveys, customer identification, or to inform the customer of the follow-up of the order or shipment, delivery and any other action relating to the management and life of the order.

In addition, the information communicated on the Site also enables the company, with the customer's express consent, to send newsletters informing the customer of current commercial operations, events organized by the company and to follow the company's news.

17.2 Consent

However, the customer retains the possibility of refusing the use of his data, either by not giving his consent when registering and/or validating his order, or by objecting free of charge to the use of his details for sending commercial offers. Customers may make their request either by clicking on the unsubscribe link in each e-mail message, or by sending an e-mail to contact@onewayticket-stbarth.com.

The company is responsible for processing this data. Pursuant to the French Data Protection Act 78-17 of January 6, 1978, as amended by the Act of August 6, 2004, and the European Data Protection Regulation, customers have the right to access and rectify information concerning them, as well as the right to object to the processing of their data and the right to portability.

To exercise any of these rights, the customer may either fill in a form provided by the company on the Site by clicking on the "CONTACT US" button, or send an e-mail to the address: contact@onewayticket-stbarth.com, or a letter to the following address:

Customer Service

ONE WAY TICKET - OWT

BP 706 97133 Gustavia

RCS BASSE-TERRE

17.3 Data identification

Personal data" refers to information concerning the customer as a natural person, voluntarily communicated by the latter. Personal data thus includes nominative data (such as surnames, first names, e-mail addresses, postal addresses, telephone numbers) to enable the execution of the service requested by the customer. The company protects the customer's privacy in compliance with current legislation.

18. Intellectual property

The content of the Site (texts, logos, graphic and/or sound images....) is the property of the company and is protected by French and international intellectual property laws. The content may not be copied, reproduced or recorded in any way whatsoever without the prior written authorization of the company. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

The company holds intellectual property rights in respect of copyright, designs and models, or other rights of a similar nature. Furthermore, the customer may only access and display the contents of the database and any other element of the Site for non-commercial and private use.

19. Use of cookies

A cookie is a small file containing textual information that appears when the customer visits the company's website.

Cookies are used to record information about the pages consulted on the Site. They help to understand browsing on the Site and save users' preferences for future visits to the Site in order to improve the services offered by the company.

If you wish, you can block cookies by modifying the preferences in your web browser.

20. Mediation

In accordance with article L616-1 of the French Consumer Code, the customer may, free of charge, have recourse to the mediation service of his choice, either electronically or by post. He/she may use the list of mediators registered with the Court of Appeal of basse Terre, which can be viewed at the following link: https: //www.cours-appel.justice.fr/basse-terre/mediateurs, for all claims already lodged in writing with the company less than a year ago and not satisfied.

21. Severability of clauses

The fact that any clause of these general terms and conditions of sale may become null and void, unenforceable, invalid, illegal or inapplicable as a result of a law, regulation or final decision of a competent court, shall not call into question the validity, legality or applicability of the other stipulations of these general terms and conditions of sale, which shall remain in force.

22. Applicable law and jurisdiction

These General Terms and Conditions of Sale are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute. These General Terms and Conditions are governed by French law. Prior to any dispute, the parties shall seek an amicable settlement.

Failing amicable agreement, any dispute relating to the formation, performance, interpretation and termination of sales contracts concluded online between the company and the customer, including warranty claims or involving multiple defendants, will fall under the exclusive jurisdiction of the courts of Basse Terre.