Terms of service

1. PREAMBLE

PLEASE READ THESE GENERAL TERMS OF SALE (the “TOS”) CAREFULLY BEFORE ACCESSING, USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. Please note that your use of our Website constitutes your agreement to follow and be bound by these terms (the “Agreement”). Any online Order completed by the Customer at https://ocb-store.com (the “Website”) is subject to prior acknowledgement and acceptance of these TOS and applicable tariffs without any reserve.

The TOS are applicable without restriction or reserve to all the Items offered for sale on the Website. These TOS will always be available on the Website for the Customer to consult, file or print out at any time as these TOS regulate, together with the Privacy and Cookie Policy, the use of the Website by the User and the relationship between the Merchant and the you as visitor of the Website (“You” or “Customer”).

These TOS shall take precedence over any other document.

If you do not agree to these terms, please do not use the Website.

IDENTIFICATION OF THE MERCHANT (the “Merchant” or “OCB”):

Company Name: REPUBLIC TECHNOLOGIES (INTERNATIONAL) S.A.S
Legal status and share capital: SAS with capital of 11.108.700-€
CEO last name: Sanchez Vila
CEO first name: Santiago
Headquarters: 3750 avenue Julien Panchot – 66000 Perpignan Cedex, France.
Telephone: +33 6 14 19 96 39
Fax: +33 4 68 85 65 85
Contact form

WEB HOST:

Shopify
Google LLC
1600 Amphitheatre Parkway
Mountain View, CA 94043
USA
Tel: +1 650 253 0000
Fax: +1 650 253 0001

2. DEFINITIONS

Item(s): Product(s) of any kind offered for sale (e-commerce service) on the Website

Customer: A non-business individual placing the Order and holding full legal capacity.

Order: Commitment to purchase all the Items selected by the Customer via the ecommerce service of the Website.

Website: Website produced by OCB with the Shopify tool and accessible at https://ocb-store.com

3. AGREEMENT UPON PROOF

The Customer recognises and accepts that the order recording systems document all the transactions made between OCB and the Customer.

The Customer recognises and accepts that the proof of acceptance of the TOS is characterised by checking the box "I agree to the terms of service and to the Privacy and cookies Policy Sale".

For this purpose, the Customer acknowledges and agrees that the electronic data stored in OCB computer servers in reasonable conditions of security and integrity are considered, irrefutably, as evidence of acceptance of the terms of the TOS and the proof of all transactions between the Customer and OCB.

OCB will save the Purchase orders and invoices on a reliable and durable medium, pursuant to the provisions of Article 1348 of the French Civil Code and guaranteeing access to the Customer at any time if they so request it in accordance with the provisions of Article L. 134-2 of the French Consumer Code.

Consequently, unless a clear error on the part of OCB is proven by the Customer, the latter cannot challenge the admissibility, validity or probative value of the TOS and the content of the Order, based on any of the legal provisions that exist and that specify that certain documents must be written or signed to constitute proof.

Thus, these elements constitute proof and, if they are produced as evidence by OCB in any litigation or otherwise, shall be admissible, valid and opposable in the same manner, under the same conditions and with the same probative value as any document created, received or retained in writing.

At any time, the Customer can print, download and save a copy of the TOS to a paper or electronic medium.

4. AMENDMENT OF THE TOS

Given the possible changes of the Website and regulations, OCB reserves the right to change this TOS at any time. The updated TOS will be, as appropriate, made known to the Customer by online modification and will be applicable only to sales completed after the modification.

5. AUTHORIZED CUSTOMERS

The sale of Items on the Website is exclusively reserved to:

(a) Customers over the legal age in their country;
(b) Customers with principal residence in Spain;
(c) Retail sales / sales to private individuals.

5.1 Customers over the legal age in their country

This Website is not intended for children under 18 years old of age. If you are under 18, you are not authorized to use this Website and will not be afforded access to any features of this Website that allow for you to proceed to any Order on the Website.

5.2 Customers with principal residence in the country of Sale

In order to use this Website, you must be a resident of an authorized jurisdiction, understanding that it is forbidden for a Customer not residing directly in the country where the Items are sold to place an Order on the Website.

5.3 Retail sales / sales to private individuals

In no case may the Website be used by professional retail customers, alone or together, and regardless of the method of marketing their products (on the internet, in shopping malls, intermediaries, and including physical stores). The Customer acknowledges and agrees therefore that the Items can only be purchased in quantities reflecting average consumer needs, both in terms of the number of items ordered in one order and the number of individual orders respecting the usual amount an average consumer places for the same Item. OCB reserves the right to refuse to fulfil an Order clearly validated by a professional retail customer or by a Customer about whom OCB has suspicions as to the final destination of the Items.

6. CREATION OF A CUSTOMER ACCOUNT

Placing an Order via the Website should require the prior creation of a customer account. Any adult Customer may freely and at no charge create a customer account through the "Create an account" section. Creation of a Customer account is completed by the Customer by filling out the form requesting identification information. This account is strictly personal and enables an individual to log in before placing an Order. When creating the customer account, the Customer enters data that allows its identification under its full responsibility, control and direction and is committed to providing complete, accurate and timely information, and not to assume the identity of a third party, nor hide or change its age. During the creation of a Customer Account, the Customer chooses its username and password. If the username chosen is already assigned, the system prompts a message to choose another. Usernames and passwords are personal and confidential. The Customer is solely responsible for them. The Customer undertakes to keep its password secret and to not disclose it under any context and for any reason whatsoever.

If it is suspected that a username and password has been used by a third party, the Customer must immediately alert Shopify and OCB to change its password and/or choose to close its account. OCB won’t be liable in any case.

OCB reserves the possibility to close any Customer account and refuse any sale to a Customer in the following cases:

Lack of payment for one or several past Orders;
Abuse, unfair or fraudulent use of the Order service provided on the Website or failure to respect any of the Customer's obligations set out in the TOS, such as but not limited to the section 5. “Authorized Customers” of the present TOS.

In this case, Shopify or OCB will send an email to the Customer concerned, via the address communicated by the latter during the creation of its Customer account, informing the deactivation of its username and password and the closing of the account. Generally speaking, the Customer is informed of the fact that its account may be closed following the first request of the Customer issued by email to OCB.

Website users can also order without creating a Customer account. In this case, the Customer must still comply with the present TOS and provide OCB with all the information necessary for the proper processing of the order (name, delivery address, telephone number). The Customer shall be solely responsible for the accuracy of the information provided and OCB shall not be liable for any failure to deliver or process the Order as a result of failure to comply with this clause.

7. ITEMS CHARACTERISTICS

The Items available for sale are those appearing on the Website. The offers are valid as long as they are visible on the Website within the limits of available stocks. OCB reserves the right to remove from sale, at any time, any Item present on the Website and/or replace or modify any information associated with the Items appearing on the Website. In the event of an Item's unavailability after placing an Order, the Customer is notified by email and the Order is automatically cancelled.

The Items for sale on the Website are only available for delivery in the following country: Spain.

The characteristics of Items sold on the Website (photographs, colours, graphics and descriptions of items, etc.) are purely indicative and may vary over time. They are not contractual.

8. ORDERING ITEMS

Placing an Order requires the compliance with the section 3 and the section 4 of the present TOS. To place an Order, the Customer must follow the online purchase process and click on "Order" to submit an Order.

If it is accepted that the Customer can place an Order via the Website without creating a customer account, it is nevertheless understood that the simple fact of placing an Order through the Website is considerate as a complete and unequivocal acceptance of the present TOS. Furthermore, even if the Customer does not wish to create a Customer account, he will be obliged to provide certain essential information such as delivery address, surname, email address so that OCB can process the Order in due form.

The payment of the Order requires the acceptance of these TOS, the price of the Items and the content of the Order. After validation of payment, OCB sends an order confirmation email to the Customer. Every Order is subject to the prior acceptance of OCB and is not definitively confirmed until after receipt by the Customer of an email confirming the shipping of the Item(s). If the Customer does not receive an email following its Order, the Customer must contact OCB customer service by email and via the contact form located on the contact page of the Website.

OCB cannot in any case be held responsible in the event of an input error or transmission of an input error not allowing the issuance of the confirmation email and/or Items.

9. PRICES OF ITEMS

The prices are indicated on the Website in EUROS (€-), all taxes included, not including the processing and shipping fees. Usually they already include any potential discounts applicable on the day of the Order, except in the case the Customer is in possession of a promotional code. In this case, the discount resulting from this promotion code will be deducted after the Customer has entered the necessary data accordingly.

The prices of the Items do not include delivery costs (transport, packaging and handling of packages according to the amounts in effect). The shipping costs are specified on the Website before validation of the Order.

OCB reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order. Any new taxes or contributions, notably environmental, may be added to the retail price of the Items.

The price of the Items invoiced is therefore that indicated during the Order.

The Items remain the full property of OCB until complete payment of the price, which the Customer recognises and accepts.

10. PAYMENT OF THE ORDER

The Order is payable immediately, by Shopify payment, through bank cards (CB, Visa, MasterCard, American Express), Apple payment or PayPal. The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email. The transactions carried out on the Website are entrusted to Shopify Payments, the secure online payment platform. They are secured by a solution that presents highly secured pages to enter payment information: card number, expiration date and the visual cryptogram.

This platform encrypts then transmits this payment information to the bank, in full confidentiality and makes them inaccessible to third parties.

The Customer is informed by email, once the Order is shipped, that the invoice including shipping fees and applicable VAT is accessible online on the Customer account.

11. DELIVERY TERMS AND CONDITIONS

Items are delivered only in the countries indicated in section 5 of these terms and conditions.

The Customer can make a selection from several delivery modes, some of which will be for the account of the Customer. The Customer can track the route of its parcel on the chosen carrier's Website, using the consignment and tracking number. The Customer is informed that it is its duty to provide the accurate information required for proper dispatch of its Order and its delivery (access code, access specifications, for example).

The Customer will receive an order number by e-mail, confirming that its Order has been received and accepted. The Customer will be informed about the various stages of its Order by e-mail, in accordance with the chosen carrier’s processes.
The Customer is informed by e-mail when the Items are dispatched, using the e-mail address provided by the latter in its Customer account.

The Customer can track the route of its parcel on the chosen carrier's Website, using the consignment and tracking number. The Customer is informed that it is its duty to provide the accurate information required for proper dispatch of its Order and its delivery (access code, access specifications, for example).

The ordered Items will be delivered within a period not exceeding forty (40) calendar days from the date on which the Order was received, provided that the whole price has been paid. Delivery periods may be longer during busy operating periods. For Outlet items, delivery times will be extended to ten (10) working days.

In the event that delivery should take more than seven (7) working days in excess of the maximum delivery period mentioned above, the Customer may contact OCB by e-mail to have delivery made within a reasonable additional period. In the event of non-adherence to this new period, the Customer may ask OCB by e-mail to cancel its Order. The contract and thus the sale will be deemed to have been terminated when OCB receives an e-mail or letter in which the Customer informs OCB of its decision, provided that delivery did not take place before the end of the reasonable additional period nor between the time of sending and receipt of the Customer's e-mail or letter.
If the Order should be definitely cancelled, the Customer will be reimbursed for the price paid for its Order within a period of fourteen (14) calendar days following confirmation of the cancellation by e-mail.

Each delivery shall be deemed to have been made once the parcel has been made available to the Customer by the carrier, as indicated in the control system used by the carrier.

If the parcel is damaged or if the Item does not correspond to the Customer's Order, the Customer is granted a period of fourteen (14) calendar days from the dispatch date to initiate the return proceedings as described in section 12 below.

If the Customer is absent when delivery is made, a delivery notification how is parcel is to be stored and made available to the Customer, at the complete and sole responsibility of the carrier.

OCB cannot be held responsible for any delay in delivery due entirely to the unavailability of the Customer following several attempts by the carrier to arrange for delivery, nor for unprofessional behaviour/ deterioration of the package and Items, loss of the package due to the carrier.

If the delivery dates for the various Items of such an Order differ, the delivery date will be based on the date furthest away from the date of the Order.

If the delivery address furnished by the Customer is invalid, thus resulting in a return of the parcel due to non-receipt at the indicated address, the cost of resending the parcel will be paid by the Customer.

A delivery note is included in the parcel, providing a summary of the Items ordered and effectively delivered. The Customer assumes all the risks related to the Items from the date of their delivery.

12. RETURN, REFUND AND EXCHANGE POLICIES AND PROCEDURES

The Customer has the right to cancel its Order at any time within a period of fourteen (14) calendar days following the date on which he received the Items.
The withdrawal shall be done under the conditions set out hereinafter.

12.1 Warning

The 14-days statement shall begin on next day the delivery of the Items. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the first working day next.

12.2 Return policy

The Items that you wish to return must be:

returned in its original condition, unused (the item's label must not be cut off),
unworn and clean, free from any smells, stains and holes,
returned to OCB in their original packaging, with all original accessories, and protections intact.

Exceptions

Please note that the 14-days cooling-off period doesn't apply to:

Items made to order or clearly personalised – such as a personalized sweatshirt;
Sealed Items that cannot be returned for health or hygiene protection reasons – such as but not limited to panties, thongs and culottes (individual or in pack), briefs, boxer briefs, bra accessories, accessories for hair, cosmetics, socks, sunglasses, masks, hand sanitizer, bottles, socks and earrings, when their wrapping, packaging or seal that protects the product has been opened, except for those that are defective or present tares face masks, swimming suits or underwear;
Outlets Items;
Products with a short shelf life that spoil quickly.
Perfumery and costume jewellery (necklaces, bracelets, rings ...)

12.3 How to return your order by mail (except Outlets)

Your Order may be delivered in several parcels. Returns can be sent in one or several packages provided that all relevant delivery notes are included. You are responsible for the complete costs of returns by post.

Making a return:

You initially have fourteen (14) calendar days from the date you receive your Order to return an Item. During this period, you must exercise your right of withdrawal by generating your prepaid return label. If you have a Customer account, you should access the "My Orders" section of the "My Account" page. Select the relevant order and click on "Return Label". If you placed an Order as a guest, you will be able to access the return label via the "Order Tracking" page, which can be accessed from our Website by entering your order number. Generating your return label constitutes withdrawal. Please note that you may also notify us of your withdrawal by filling out our contact form (accessible under the "Returns and Refunds" tab) or by using the withdrawal form available here. In this case, you must nevertheless generate your return label within fourteen (14) calendar days of receiving your Order.

Once the return label has been generated, you then have ten (10) calendar days from the date on which the return label was generated to return your package. Before to proceed to the return, it is mandatory for you to:

tick the Item(s) you wish to return on the delivery note in your parcel;
insert this delivery note in the return parcel, as well as the Item(s) you are returning;

After downloading the prepaid return label on your account page, print it and attach it to your package. The return address is the following one:

REPUBLIC TECHNOLOGIES TORREMILLA
ZONE RETOUR OCB STORE
12 RUE SANTOS DUMONT
66000 PERPIGNAN

No returns will be accepted of the return do not comply with the returns process and policy.

12.4 When will you receive your refund?

Once your return has been checked by us and that the conditions of the returned products mentioned in section 12.2 are fully respected, you will receive an email confirming your refund.

We are committed to refunding the amount corresponding to the Item(s) returned as soon as possible and, at the latest, within thirty (30) calendar days from the date on which your return or proof that your return has been dispatched arrives at our warehouses.

Your refund will only be credited back to the original payment card or though the payment method used by the Customer when passing the Order. You will receive an email confirmation of your refund once it has been validated by our systems. You can track the progress of your return from your account in the "My Orders" section, or, if you placed your Order as a guest, in the "Order Tracking" section.

Any Items returned to us in bad conditions and/or are unsaleable will be denied. OCB customer service will notify the Customer by email or via the Shopify platform that the return is not in conformity and that, therefore no refund will be provided.
If the Customer so wishes, they may request customer service to return the non-conforming Items to them, exclusively at their own expense. OCB reserves the right to accept or decline this request.

13. CUSTOMER SERVICES

13.1 OCB’s Customer services

For any information or question, to follow orders, to exercise the right to cancel and return an Order or to obtain warranty service, the Customer must contact our customer service via the contact form located on the contact page.

14. COMMERCIAL OFFERS AND NEWSLETTERS

OCB may send commercial offers to Customers by post, email, sms, telephone or via any web spaces run by OCB or any of its subsidiaries on social networks, subject to prior acceptance. At any time, the Customer has the ability to cancel these commercial notifications, without cost, by clicking on the unsubscribe link, appearing in each email.

15. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in and to the Website located at https://www.ocb-store.com, its contents, and all materials made available through the Website, are owned by OCB and its third-party licensors. The Website and its contents are protected by national (including the Spanish RD 1/996 for Intellectual Property Law) and international copyright, authors' rights, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws. OCB reserves all ownership of its commercial exploitation rights and moral rights to the Website and its contents.

OCB grants users and Customers a limited license to access and use the Website solely for personal, non-commercial purposes. Any reproduction, distribution, public communication, transformation, modification, or exploitation of the Website or its contents without express written consent from OCB is strictly prohibited, including unauthorized use of trademarks, design elements, databases and creation of private copies of the Website. This prohibition applies regardless of the method of reproduction, representation, or modification, and is indefinite. Users must respect all copyright and trademark notices and refrain from using automated tools to access the Website. Unauthorized reproduction or representation of any protected content constitutes an infringement of intellectual property rights.

OCB cannot be held liable for any damages resulting from unauthorized use of the Website content. Additionally, OCB grants a revocable license to create a hyperlink to the Website's homepage, provided it does not misrepresent or harm OCB or its products. All rights reserved. For permissions or inquiries, please contact us via the contact form.
Photo credits: Merchant, Agency Common Sense & all the selected image banks.
All rights reserved.

16. PERSONAL DATAS AND COOKIES POLICY

OCB take the protection of personal data very seriously. Personal data are processed in accordance with (EU) regulation 2016/679 of the European Parliament and Council of 27 April 2016 regarding protection of natural persons in the processing of personal data and in the free circulation of data (hereinafter referred to as the « General Data Protection Regulations » or « GDPR »).
For any questions regarding OCB’s handling of your personal data or the cookies it uses, you can visit our Privacy and cookies Policy here. Both policies will also be available to you on the Website so that you can consult them, file them or print them out whenever you want.

17. DISCLAIMER AND LIMITATION OF LIABILITY

17.1 DISCLAIMER

THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PATHE MERCHANTCULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT THE MERCHANT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

ALL CUSTOMERS ARE INFORMED OF THE LACK OF RELIABILITY OF THE INTERNET, ESPECIALLY IN TERMS OF RELATIVE SECURITY IN DATA TRANSMISSION, CONTINUITY IN UNSECURED ACCESS TO THE WEBSITE, NON-GUARANTEED PERFORMANCE IN TERMS OF THE VOLUME AND SPEED OF DATA TRANSMISSION AND VIRUS PROPAGATION.

OCB WARNS EACH CUSTOMER OF THE NEED TO IMPLEMENT ON HIS/HER COMPUTER, PORTABLE OR MOBILE SOLUTION ANY SECURITY MEASURES LIKELY TO PREVENT THE SPREAD OF VIRUSES. AS THE TOS ARE THE SUBJECT OF MODIFICATIONS, THE APPLICABLE CONDITIONS ARE THOSE IN EFFECT ON THE WEBSITE ON THE DAY THE ORDER IS PLACED. HANDLING OF A DEFECTIVE OR NON-COMPLIANT ITEM (REPLACEMENT OR REFUND) OR THE EXERCISE OF A RIGHT TO CANCEL AND RETURN AN ORDER CANNOT BE CARRIED OUT IN PHYSICAL OCB STORES. ALL CLAIMS CONCERNING THE ITEMS PURCHASED ONLINE ON THE WEBSITE MUST BE HANDLED ONLINE. LIKEWISE, AN ITEM PURCHASED IN ANY OCB STORE CANNOT BE PROCESSED VIA THE WEBSITE.

17.2 LIMITATION OF LIABILITY

NEITHER THE MERCHANT NOR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR RELATED ENTITIES OR INDIVIDUALS SHALL BE LIABLE FOR ANY CLAIMS, LIABILITIES, COSTS, LOSSES, EXPENSES, OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACCESS TO OR USE OF THIS WEBSITE OR ITS CONTENT. THE MERCHANT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND THAT ARE CONNECTED WITH THE ACCESS TO OR USE OF THIS WEBSITE OR ITS CONTENT. THE MERCHANT SHALL NOT BE LIABLE OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR THE UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PATHE MERCHANTES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR ITS CONTENT IS TO STOP ACCESSING AND USING THIS WEBSITE.

17.3 LINKED WEBSITE

This Website may contain links to other independent third-party Web ("Linked Websites"). These Linked Websites are provided solely as a convenience to our customers. Such Linked Websites are not under our control, and OCB is not responsible for and do not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

It is totally prohibited to link to the Website on any Websites, social media, dark web, blogs, platforms, e-commerce Websites, forums which are or contains pornographic, racist, xenophobic contents; or/and contents making the advocacy of terrorism and/or more generally illegal contents or contents that do not comply with the images and reputation of OCB or OCB’s Distinctive Signs and Intellectual Property assets.

18. APPLICABLE LAW

It is expressly agreed and understood that these TOS constitute the entire Agreement between you and OCB regarding this Website and your access to and use thereof, and supersede all prior and contemporaneous understandings and agreements with respect to such subject matter. These TOS are subject to French law.

The Agreement is hereby based on the will and good-faith of the Customer, who agrees to make an effort to resolve through negotiation any disagreement arising out of, or in connection with, the enforcement and/or the execution of this Agreement. The negotiation between the Parties will not exceed forty-five (45) calendar days from the date of the notice delivered by OCB or the Customer.

Should the Parties fail to resolve any such disagreement within the aforementioned period, and by accessing this Website, the Customer agrees that any controversy or claim arising out of relating to this Agreement, including the conclusion, the interpretation or breach therefore shall be solely and exclusively submitted to the Commercial Court of Perpignan (France) to the exclusion of any other jurisdiction.

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