General Terms and Conditions of Sale (GTC)

1. Purpose

These general terms and conditions of sale govern the contractual relationship between O’Créative – Opaleia, a sole trader operated by Carole CHESSA, and any natural or legal person making a purchase via the website www.opaleia.fr.

2. Products

The products offered are artisan biscuits, shortbread and sweet treats made in France. Photographs are non-contractual, but descriptions aim to accurately reflect the essential characteristics of the products. As the products are handmade, slight variations in appearance, weight or texture may occur.

3. Prices

Prices are expressed in euros, inclusive of all taxes (VAT included), excluding delivery charges. Opaleia reserves the right to modify its prices at any time, while guaranteeing the application of the price in force at the time the order is placed.

4. Orders

• The customer places an order on the website opaleia.fr.
• Order confirmation constitutes acceptance of these GTC.
• The customer receives an email confirmation summarising the order.
• Opaleia reserves the right to refuse an order in the event of a previous dispute, an obvious error, or suspected fraud.

5. Payment

Payment is due at the time of ordering and may be made by credit/debit card, bank transfer, or any other secure payment method available on the website. The transaction is processed by a certified payment service provider (e.g. Stripe, PayPal, etc.). Banking details are never stored by Opaleia.

6. Delivery

• Delivery is available in mainland France and, subject to availability, in certain European Union countries.
• Average delivery times are provided for information purposes at the time of ordering. A reasonable delay does not entitle the customer to compensation.
• Products are shipped under the responsibility of the carrier from the moment they are handed over.
• In the event of a damaged parcel, the customer must make precise reservations with the carrier and inform Opaleia within 48 hours.

7. Right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to perishable food products (biscuits and shortbread). No returns can be accepted for these products. For any non-food items (accessories, gift boxes, packaging), the right of withdrawal applies under the conditions specified on the “Right of Withdrawal” page.

8. Availability

Products are offered subject to availability. In the event of unavailability after an order has been placed, the customer will be informed and may obtain a refund of the corresponding amount.

9. Guarantees

• Legal guarantee of conformity (Articles L217-4 et seq. of the French Consumer Code).
• Warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).
• Any claims must be submitted by email to contact@opaleia.fr within 48 hours of receipt.

10. Liability

Opaleia cannot be held liable for any damage resulting from improper use of the products. The customer is solely responsible for the choice and proper storage of products after delivery.

11. Personal data

Personal data are processed in accordance with the Privacy Policy. The customer may exercise their GDPR rights at any time by contacting privacy@opaleia.fr.

12. Intellectual property

All texts, recipes, photographs, logos and trademarks appearing on the website are protected by copyright and remain the exclusive property of Carole CHESSA. Any unauthorised reproduction or use is strictly prohibited.

13. Force majeure

Opaleia cannot be held liable for failure to fulfil its contractual obligations in the event of force majeure as defined by Article 1218 of the French Civil Code (natural disasters, pandemics, war, strikes, etc.).

14. Governing law and disputes

These GTC are governed by French law. In the event of a dispute, the consumer may use a consumer mediation service free of charge before taking any legal action (European platform: ec.europa.eu/consumers/odr).

Failing an amicable agreement, any dispute shall be submitted to the competent courts within the jurisdiction of Valence (Drôme, France).

15. Contact