General terms and conditions of sale – Philippe Audibert
All orders placed from 20/12/23, will be sent from 03/01/24
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Version in force from 15 March 2022

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") govern the retail sales of PHILIPPE AUDIBERT brand products (hereinafter referred to as "the Products") on the merchant site accessible at (hereinafter referred to as "the Site") between :
    • OHARA, a simplified joint stock company with a share capital of 50,000 euros, whose registered office is located at 74 rue de Rennes - 75006 PARIS (France), registered with the Paris Trade and Companies Registry under number 350 215 687, VAT number FR12350215687
Contacts: E-mail: / Telephone: +33 1 42 84 16 17
(hereinafter the "Seller" or "OHARA")
    • any consumer who is a natural person and who is acting for purposes which are not part of his commercial, industrial, craft or liberal activity (hereinafter "the Customer").

If you do not fit this description, please contact our professional area by e-mail at the address indicated in the contacts.

The GTCs are intended to define the contractual relationship between OHARA and the Customer and the conditions applicable to any purchase made through the Site.
OHARA and the Customer agree that the GTCs shall exclusively govern their relationship. They apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels. They are available on the website: and shall prevail, if necessary, over any other version or any other contradictory document.
The acquisition of a product via the Site implies unreserved acceptance by the Customer of these terms and conditions of sale, which he acknowledges having read prior to ordering.
OHARA reserves the right to modify the GTCs at any time, in order to comply with any new regulation or in order to improve the use of its Site.
Therefore, the applicable conditions will be those in force at the date of the order by the Customer.


The products offered on the Site are exclusively intended to be sold to final consumers, whether natural or legal persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers.
Therefore, the Customer affirms that he/she is acting as an end consumer and does not intend to resell the products purchased on the Site for commercial purposes.
To be able to make a purchase on the Site, the Customer must meet the following conditions:
    • Have reached the age of legal majority in their country or have parental permission to make purchases on the Site;

    • Have the legal capacity to contract;

By making a purchase, the Customer declares and confirms that he/she is acting as a consumer, in a non-commercial capacity, that he/she is of legal age and that he/she has the full legal capacity to enter into a contract with OHARA.
OHARA is not in a position to verify the legal capacity of its visitors and Clients.
Consequently, if a person who does not have legal capacity places an order on the Site, his or her legal guardians (parents, guardians, etc.) will assume full responsibility for this order and will have to pay the price.
OHARA reserves the right to refuse any order which is clearly disproportionate, whose quantities would appear abnormal for a consumer or would seem to characterize a professional supply made with a commercial aim.


3.1 Characteristics of the Products
The Products offered for sale are those which appear on the Site and which are indicated by the "add to basket" option, unless exceptionally unavailable and within the limit of available stocks.
In accordance with article L.111-1 of the French Consumer Code, the Customer may, prior to the act of purchase, take note of the essential characteristics of the Products he/she intends to purchase on the Site.
The information (properties, dimensions, characteristics, composition, precautions for use and washing) relating to all the Products is mentioned on the product sheet reproduced on the Site.
While taking the utmost care and accuracy in the information and descriptions of the Products and data available on the Site, OHARA shall not be held responsible for any non-substantial errors that may occur.
The photographs of the Products are provided for illustrative purposes only and are not contractual. The Customer is invited to refer to the description of each Product for its precise characteristics.
The photographs of the Products presented on the Site are as accurate as possible, without OHARA being able to guarantee a perfect identity between these photographs and the corresponding real Products.
These possible differences can in no way be interpreted as defects in conformity that could lead to the cancellation of the sale.
3.2. Availability of the Products
The Products are offered for sale on the Site within the limits of available stocks, availability being assessed at the time the order is placed.
If, in spite of the indications appearing on the Site, one or several Products ordered should finally be unavailable, OHARA will inform you as soon as possible and will cancel the order of the said unavailable Products.

The sale price of the Products (hereinafter the "Price") is the one in force on the day of their purchase by the Customer.
The Price does not include the shipping costs of the Products, which will be indicated to the Customer at the time of purchase.
The Price is in Euros, including all taxes, taking into account the VAT applicable on the day of the order, excluding any other tax that may be applicable (hereinafter the "Prices") and applies on French territory.
Any change in the VAT rate may be reflected in the price of the Products without delay. The price in force is the one indicated on the Site, except for typographical errors for which OHARA cannot be held responsible.
It is the Customer's responsibility to comply with the national legislation of the country concerned and in particular to make any necessary declaration and to pay any local taxes, customs duties, import duties that may be required and which are under the sole responsibility of the Customer and at his expense.
OHARA recommends the Customer from a country outside the EU and the French overseas territories to inquire about the applicable duties, taxes and declarations with the competent local authorities before purchasing the Products.
The invoiced price is payable in full and in one instalment upon validation of the order.
OHARA reserves the right to change the Prices at any time, provided that the Price on the day of the order will be the only one applicable to the Customer.

The Customer can create a customer account either by clicking on in the top right-hand corner of the Site or when placing an order.
It is necessary to fill in all the fields of the form.
It is the Customer's responsibility to provide only complete, accurate and up-to-date information and, if necessary, to subsequently modify any information that has become obsolete or erroneous via their account or by contacting customer service.
The creation of the account will be confirmed by sending an e-mail to the e-mail address that has been provided.
The account, the password and any other information allowing access to the account are strictly confidential information that the Customer undertakes not to communicate to third parties.
The Customer is solely responsible for the use made of his account by any third party in the event that he has communicated his access data or in the event of imprudence or negligence on his part.
The creation of an account allows the Customer to :
    • track your orders and consult your order history;
    • return or exchange Products;
    • add or change delivery and billing addresses for future orders;
    • manage your newsletter subscription;
    • manage any discount and sponsorship codes.

The Customer may deactivate his account at any time from the Site.
After deactivating his account, the Customer is free to create a new account at any time.
OHARA reserves the right to delete any account that does not comply with the Terms and Conditions.

The Customer may browse freely on the Site without being committed to an order. It is possible to purchase Products without first creating a customer account.
Any order placed on the Site is an order with an obligation to pay.
Any validation of an order implies acceptance of the prices and the description of the products in force on the day of the order.
To place an order, the Customer must follow the online purchase procedure, the main steps of which are as follows:
    • Product Selection
At any time, the Customer can add Products to their selection by clicking on "Add to cart", and choose to finish shopping or continue browsing.
The Customer can consult his selection by clicking on the icon indicating the number of products in the basket at the top right of each page.
In the basket, you will see: the photo(s) of the Product(s) and reference(s), the quantity(ies) chosen, its (their) unit price(s) including VAT, the estimated delivery costs and the subtotal of the selection.
    • Finalizing the order
After selecting the Product(s) the Customer wishes to purchase, the Customer must click on "Order" to start the ordering process.
The Customer can consult the contents of the Basket and make any changes.
The Customer must click on "Proceed to payment" to continue the order process.
The Customer may decide to :
    • Order without creating an account;
    • Order by logging in to your account and entering your email and password by clicking on "already have an account?
In both cases, the Customer must ensure that they check the accuracy of their selection before confirming their order and that the delivery details are correct.
    • Validation of the delivery address
The Customer must enter the delivery address and complete the information if necessary.
The Customer must then click on the "Continue to shipping" link.
OHARA is free to choose the transport provider of its choice.
The information on the delivery method is therefore already filled in and not subject to the Customer's choice.
The Customer must then click on "continue to payment".
    • Validation of the payment method and payment of the order
OHARA offers the Customer the possibility to order and pay for the Products by secure payment through Paypal or by credit card.
Payment can be made from France or abroad using the following credit cards: Visa, Carte Bleu, Mastercard, American Express.
In case of payment by credit card, the Customer is redirected to the secure Sogecommerce (Société Générale) interface in order to safely enter the references of his credit card (his card number, the expiry date, the name of the card holder and the visual cryptogram located on the back of the credit card). All data exchanged between the Customer and Sogecommerce (Société Générale) is protected against attempts at piracy.
At the end of the ordering process described above and after having read and accepted the entirety of the GTCs by ticking the box provided for this purpose, you must click on the "Check order" button.
After verification, the Customer must click on "Check Order".
At this stage, the Customer can still make any changes to the order, his contact details, delivery and billing address and his payment method.
The sales contract will then be definitively formed by clicking on "Confirm payment".
    • Order confirmation
An order confirmation message will be displayed on the Site and a summary of the order will then be sent by e-mail with the GTCs attached.
The acknowledgement of receipt will include the total amount of the order, information on the cost and delivery time, the essential characteristics, quantity and price of the Products purchased.
The Customer is advised to keep this acknowledgement of receipt on a paper or electronic medium. It is possible for the Customer to follow the progress of his order in his customer account.
All the data provided and the recorded confirmation will be considered as proof of the transaction.
OHARA reserves the ownership of the Products until the amount of the order has been paid by OHARA.
OHARA reserves the right to cancel or refuse any order from a Customer subject to the existence of a legitimate reason in the sense of article L121-11 of the Consumer Code.
In particular, OHARA reserves the right to refuse or cancel any order that it considers fraudulent or that has been placed by a Customer who has not honoured a previous order.
The sale will be considered final after the Seller has collected the full price and sent the customer a confirmation e-mail, to which the GTCS will be attached.
For any question relating to the follow-up of an order, the customer can contact the seller at the following address:

The Products ordered by the Customer will be delivered to the address indicated by the Customer as the delivery address on the order ("Delivery Address").
OHARA only delivers at home, excluding deliveries to post office boxes in France and abroad (except Russia).
The Products are delivered to the address indicated by the customer on the order form; the customer must ensure that this address is correct. Any parcel returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the expense of the client.
7.1. Home delivery
The parcel with the ordered and paid products is delivered by TNT or DHL sign-on-receipt service where the Customer’s or the recipient’s acknowledgment of the order within a usual period of 7 days from the processing of the order.
Notification and delivery scheduling details are available:
    • TNT National:
    • DHL Express:
If the parcel is made available at a local point and is not collected within the time limit, the parcel will be returned to OHARA, which will either refund the order or make a second delivery with payment of the delivery costs by the Customer.
The electronic acknowledgement of receipt signed upon receipt of the package by the Customer, the recipient of the order or the person designated by the Customer or the recipient of the order, is proof of delivery by OHARA and receipt by the Customer or the recipient of the order of the ordered Products. No dispute regarding the delivery itself is possible if the package appears to have been delivered, the carrier's flashing being the proof.

7.2. Verification of delivery

The Customer or the recipient of the order is invited to check the appearance of the parcel and the Products on delivery in the presence of the carrier in order to express any reservations regarding apparent defects (damaged or open parcel, missing or defective item, etc.).
In the event of any anomaly concerning the package or the Products due to transport, the latter must :
    • Depending on the case: refuse the delivery if the delivery person is present, refuse the package if it is delivered in a relay or refuse to open the package if the delivery person is not present;

    • Report the refusal to Customer Services by email to within three working days of delivery;

    • If necessary, take photographs of the defects found.

In case of apparent defect or non-conformity of the delivered Product with the order form (missing item), the Customer shall notify the defects within three working days of the delivery by sending an email with acknowledgement of receipt or a registered letter with acknowledgement of receipt to OHARA customer service.
All risk of loss or damage to the Products passes to the Customer or the recipient of the order at the time you or a third party designated by you, other than the carrier offered by us, takes physical possession of the Products.
In the event of a defect making the Product unfit for use, the provisions of Article 9 of the GTC shall apply.

7.3. Delivery times

Except in cases of force majeure or during periods of closure of the online shop announced on the home page of the site, the delivery times will be, as an indication, within the limits of available stocks, those indicated below.

For deliveries in metropolitan France, the time is from 1 to 3 working days (except for Corsica for which the time is from 5 to 8 working days).
For deliveries in Europe, the time frame is 1 to 5 working days.
For International deliveries outside Europe, the delay is 3 to 5 working days.

The delivery time starts from the date of registration of the order indicated on the order confirmation e-mail.

For information purposes, the average delivery time normally varies from 4 to 15 working days depending on the destination of the Products.

The Seller undertakes to deliver the products within a maximum of 30 working days from the confirmation of the order, except in special cases of which the Customer will be informed (e.g. orders for personalized products).

For any order including Products requiring additional production time, the delivery time will be indicated in the order confirmation email.

In the event of non-compliance with the agreed delivery period, the customer shall request the Seller to dispatch the order within a reasonable additional period.

If the order has not been fulfilled by the end of this new period, the Customer may freely cancel the order.

In this case, the Seller is obliged to refund the customer for the entire amount paid, at the latest within 14 days of the date of the request to cancel the order.

8.1. Right of withdrawal for orders placed in the European Union
The Customer, as a consumer, has a right of withdrawal, without having to give reasons or pay penalties, which he can exercise via :
    • the withdrawal form within 14 (fourteen) calendar days following the date of receipt or withdrawal of the Order pursuant to Article L.221-20-12 of the Consumer Code ;

    • by contacting OHARA by e-mail at
If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
OHARA will acknowledge receipt of the withdrawal electronically.
The price of the Products will be refunded within 14 (fourteen) days to the bank account that made the payment.
The Customer who wishes to exercise his right of withdrawal must return the Products at his own expense within fourteen days of exercising his right of withdrawal.
Products must be returned in their original packaging, complete, new, unused, undirty and unwashed.
If not, the refund will not be possible.
Except in the case of a return due to the delivery of Products that do not conform to the Products ordered, or the delivery of a damaged Product, the cost of returning the Products is and remains the responsibility of the Customer, and will be deducted from the amount refunded to the Customer in the event of a refund.

8.2. Right of withdrawal for orders made outside the European Union
For any order made outside the European Union, the Customer will have the possibility of exercising his right of withdrawal within a period of fourteen days from the receipt of his order.
The cost of delivery of the order, of returning the Products ordered as well as any customs duties are and remain the responsibility of the Customer, which will be deducted from the price of the returned Product in the event of a refund.
Products must be returned in their original packaging, complete, new and undamaged.
OHARA will only refund the price in Euros of the Products ordered returned in their original package in perfect condition within fourteen days from the receipt of the returned Products, the delivery costs, customs clearance, taxes, customs duties and possible exchange rate variations remaining at the Customer's charge.
OHARA will not exchange the size of Products ordered and delivered to a territory outside the European Union.

OHARA is subject to the conditions of legal guarantees provided for in articles L.217-3 to L.217-17 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code, which allow the Customer to return defective or non-compliant Products.
9.1 Legal guarantee of conformity
The Customer may avail himself/herself of the legal guarantee of conformity of the Products offered for sale on the Site, in accordance with Articles L.217-3 to L.217-17 of the French Consumer Code.
Reminder of the provisions of the Consumer Code :
Article L.217-3
"The seller shall deliver goods that comply with the contract and the criteria set out in Article L. 217-5. He shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from the delivery.
Article L.217-4
"The good is in conformity with the contract if it meets, in particular, the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L.217-7
"Defects of conformity which appear within twenty-four months of delivery of the goods, including goods with digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.
For second-hand goods, this period is set at twelve months.

Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity which appears at the time of delivery of the goods shall be presumed to exist:
1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of the supply;
2° During the period in which the digital content or service is provided under the contract, where the contract provides for such provision for a period exceeding two years.
Article L.217-8
In the event of lack of conformity, the consumer shall be entitled to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, in accordance with the conditions set out in this Subsection.
The consumer shall also have the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in accordance with Articles 1219 and 1220 of the Civil Code.
The provisions of this Chapter are without prejudice to the award of damages.
9.2 Legal guarantee against hidden defects
The Customer may also avail himself/herself of the guarantee for hidden defects in the Products offered for sale in accordance with Articles 1641 to 1648 of the Civil Code.

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

9.3 Products excluded from legal guarantees
The following are excluded from coverage:
- Products to which the Customer has made modifications;
- Products damaged as a result of misuse by the Customer.
9.4 Implementation of legal guarantees

Legal guarantee of conformity
In accordance with article L.217-3 of the French Consumer Code, the consumer has a period of 2 years from the delivery of the Product to claim the guarantee of conformity.
According to Article L.217-8 of the same Code, the consumer may opt for the repair or replacement of the good, subject to the cost conditions provided for in Article L.217-12 of the Consumer Code.
The consumer 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.
However, the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Guarantee of hidden defects
In accordance with Article 1644 of the Civil Code, the consumer may choose between rescission of the sale or a reduction in the purchase price.

OHARA shall not be liable under the GTCs if the non-performance of OHARA's obligations is attributable to the act of a third party, to the fault of the Customer or to an event of force majeure as defined in Article 1218 of the Civil Code.
The Client undertakes to :
    • use the Site lawfully, in accordance with the legal and regulatory provisions in force and the purpose of the Site;

    • not to interfere with or interrupt the normal operation of the website.

It is strictly forbidden to :

    • reproduce, duplicate or counterfeit a Product in any way;

    • resell the Products purchased on the Site.

OHARA reserves the right to cancel or inactivate any Product resold without authorization without any liability to the offending Seller or Customer.

All intellectual property rights relating to the elements of the Site are reserved to OHARA.
The GTCs do not imply any transfer of intellectual property rights of any kind on the elements belonging to OHARA for the benefit of the Customer.
Any use, in whole or in part, of an element of the Site, not expressly authorised in advance by OHARA, is prohibited and constitutes an infringement.
In these conditions, the Customer undertakes not to make any use, copy or modification of these documents which could infringe OHARA's industrial and intellectual property rights.
The Customer is not allowed to reproduce, exploit, distribute, modify or use in any way whatsoever, even partially, the intellectual property rights of OHARA, without its prior written consent.

OHARA collects personal data from the Customer and, if applicable, from the recipient of the order.
The purposes, recipients and conditions under which OHARA collects and processes personal data are set out in the Personal Data Protection Policy and in the Site's Cookie Usage Policy.


13.1. Evidence and register
The computerized registers, kept in OHARA's computer systems, will be considered as written proof of communications, acceptances and management of orders, unless proven otherwise.
13.2. Archiving
In accordance with article L.213-1 of the French Consumer Code, OHARA ensures the conservation of the written record of the Customer's order for an amount equal to or greater than 120 euros for a period of ten years from the delivery of the order and guarantees the Customer access to it at any time during this same period by simple request by email or by post to OHARA's address.
13.3 Copy of GTC
The Customer has the option of saving and editing the GTC using the standard functions of his browser and via a "copy/paste" operation.

OHARA is released from its contractual obligations in the event of force majeure or acts of God.
Pursuant to Article 1218 of the Civil Code, events beyond the control of the Parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered to be force majeure or fortuitous events, insofar as their occurrence renders the performance of the obligations totally impossible.
In such circumstances, OHARA shall notify the Customer in writing, in particular by e-mail, within 72 hours of the date of occurrence of the events and the contract between OHARA and the Customer shall be automatically suspended without compensation as of the date of occurrence of the event.
If the event lasts for more than 30 (thirty) days from the date of its occurrence, the contract of sale concluded by OHARA and the Customer may be terminated by the more diligent Party, without either Party being entitled to claim damages.
This termination will take effect on the date of first presentation of the registered letter with acknowledgement of receipt denouncing the said sales contract.

15.1 Integrity of the sales contract
The GTC and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the two Parties.
In the event of any contradictions between these documents, the GTC shall prevail.
15.2. Non-waiver
OHARA's failure to require performance of any provision of the GTC at any time shall not be construed as a waiver of the right to invoke such failure in whole or in part at a later time.
15.3. Validity of the General Terms and Conditions of Sale
If any of the provisions of the GTC are declared null and void in whole or in part by a court of law in application of a regulation in force, the other provisions and the other rights and obligations arising from these GTC shall remain unchanged and shall remain applicable.
15.4. Language of the contract
The GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

For any difficulties, the Customer is invited to contact OHARA by e-mail at
If no amicable resolution is reached, the Customer may, if he so wishes, request mediation under the conditions stipulated in Article 17.

17.1 Prior complaint - OHARA Customer Service
In the event of a dispute, the Customer must address his complaint in priority to OHARA's Customer Service:
    • By telephone (Monday to Friday from 9am to 1pm and from 3pm to 6pm) on +33 1 42 84 16 17
    • By mail: OHARA - Customer Service: 74 rue de Rennes - 75006 PARIS.
    • By email: to
17.2 Request for mediation
The Customer may have recourse to a mediator for any dissatisfaction after having previously addressed a complaint to OHARA in accordance with the terms and conditions stipulated in article 16 of these GTC.
In case of failure to file a complaint with the customer service or in the absence of a response from this service within one month, the Customer may submit the dispute relating to the GTC to the Association of European Mediators (AME Conso), the consumer mediator to which OHARA belongs, which will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.
To submit a request for mediation, the Customer has a complaint form accessible on the website, taken in its capacity as a consumer mediation body, accessible at
The Parties remain free:
    • to accept or refuse the use of mediation
    • in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The use of mediation is an alternative mechanism that is not a precondition for legal action.

The provisions of the GTC are subject to French law regardless of the country of residence of the Customer and/or the place of issue of the order, subject to the mandatory rules of the country of residence of the latter.
Any question relating to the GTC and the sales they govern, which is not dealt with by the present contractual stipulations, will therefore be governed by French law, to the exclusion of any other law, with the exception of the mandatory rules of the Customer's country of residence.

The GTC and the prices applicable on the day of the order are expressly agreed and accepted by the Customer, who declares and acknowledges that he has full knowledge of them, and therefore waives the right to rely on any contradictory document.

Withdrawal Form
Please complete and return this form electronically to or by post to the address below, together with your order number, only if you wish to withdraw from your order placed on the website, except where exclusions or limitations to the exercise of the right of withdrawal are set out in the applicable General Terms of Sale.
To the attention of OHARA, 74 rue de Rennes -75014 PARIS
I hereby give notice of my right and choice to withdraw from the contract for the sale of the product below:
Ordered on ........................................... / Received on .........................................................................
Order number: ...............................................................................
Name of client(s): .........................................................................
Order delivery address: .........................................................................
Date : 
Signature of the Client(s) (only in case of notification of this form on paper) :

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