Legal Notice and T&Cs

GENERAL TERMS AND CONDITIONS OF SALE

OCNI Factory – Sales to individuals
Last update: September 28, 2026

Article 1 – Identity of the seller and scope of application

These General Terms and Conditions of Sale, hereinafter “T&Cs”, govern sales made on the ocni-factory.com website between:

OCNI Factory
Simplified Joint Stock Company with a capital of €4,000
Registered office: 170 avenue Jean Chaptal – 30340 Méjannes-lès-Alès – France
SIREN: 805 404 811
RCS: 805 404 811 R.C.S. Nîmes
Intracommunity VAT No.: FR26805404811
E-mail: bonjour@ocni-factory.com
Phone: 04 66 55 62 37

and any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, hereinafter referred to as “the Customer” or “the consumer”.

These T&Cs are exclusively applicable to sales made to individual consumers.

They do not apply to sales made to professionals, which are subject to separate terms.

Any order placed on the site implies the unreserved acceptance of these T&Cs in their version applicable on the date of the order.

OCNI Factory reserves the right to modify these T&Cs at any time. The new provisions apply only to orders placed after they are posted online.

Article 2 – Products

The products offered for sale are those presented on the site on the day of consultation by the Customer, within the limits of available stocks.

Each product sheet presents the essential characteristics of the product, including its composition, content, price, weight, conditions of use, and, for food products, applicable regulatory information such as ingredients, allergens, nutritional values, and storage conditions.

Photographs and illustrations are intended to present the products as accurately as possible. Slight differences in color, appearance, or texture may exist without affecting the essential characteristics of the product.

OCNI food products may show slight natural variations linked to the ingredients used or the manufacturing process.

The minimum durability date, batch number, and other traceability information appear on the product or its packaging when required by regulation.

Certain references may be offered occasionally or in limited editions.

Article 3 – Availability

Product offers are valid within the limit of available stocks.

In the event of a product being unavailable after order validation, OCNI Factory will inform the Customer as soon as possible.

The Customer may then be offered, depending on the situation:

a refund for the unavailable product;
a refund for the entire order if its fulfillment is no longer possible;
or, with their express agreement, a replacement product.

No replacement product will be imposed on the Customer without their agreement.

Article 4 – Prices

The prices displayed on the site are expressed in euros, all taxes included.

Any delivery charges are indicated before the final validation of the order.

The applicable prices are those displayed at the time of the order.

OCNI Factory reserves the right to modify its prices at any time, with no retroactive effect on already validated orders.

Discounts, promotions, promotional codes, and commercial offers are subject to the conditions indicated on the site at the time of their use.

In the event of an obvious price or display error, OCNI Factory may contact the Customer to offer them the choice to confirm the order at the correct price or cancel it.

Article 5 – Ordering

The Customer selects the desired products and adds them to their cart.

Before the final validation of the order, they can verify:

the selected products;
their quantities;
the total price;
any delivery charges;
their contact details;
their delivery address.

It is the Customer’s responsibility to check the accuracy of the information provided.

The final validation of the order constitutes an obligation to pay.

An order confirmation is sent to the Customer by email.

OCNI Factory reserves the right to refuse or cancel an order, in particular in the event of:

non-payment;
serious suspicion of fraud;
abusive use of promotional offers;
or a previous dispute regarding the payment of an order.
Any decision will be made in compliance with consumer rights.

Article 6 – Payment

The price is payable at the time of order validation.

The payment methods currently offered include in particular:
- American Express;
- Apple Pay;
- bank cards;
- Mastercard;
- Visa;
- PayPal.
The payment methods effectively available are those offered to the Customer during checkout.

Payments are secured by the payment service providers used by Shopify.

OCNI Factory does not have access to the Customer's full banking data.

In the event of payment refusal by the bank or the concerned provider, the order is not validated.

Article 7 – Preparation and shipping

Orders are generally shipped within 1 to 3 business days after payment confirmation.

This period may be extended, particularly during periods of high activity, exceptional closure, or in the event of circumstances beyond OCNI Factory’s control.

The Customer is informed as soon as possible in the event of an unusual delay.

Article 8 – Delivery

The standard transport time is approximately 2 to 3 business days, depending on the destination and the carrier.

This transport time is indicative.

The destinations served, the delivery methods offered, the rates, and any free delivery thresholds are indicated on the Delivery and rates page of the site and confirmed before the order is validated.

In the absence of a specifically agreed delivery time, the professional must deliver the goods without undue delay and at the latest thirty days after the conclusion of the contract, in accordance with the Consumer Code.

The transfer of risks occurs when the Customer or a third party designated by them physically takes possession of the goods.

Article 9 – Delivery address

The Customer is responsible for the accuracy and completeness of the delivery address provided during the order.

OCNI Factory cannot be held liable for a delay or failure in delivery resulting from an erroneous or incomplete address provided by the Customer.

When the package is returned to OCNI Factory for a reason attributable to the Customer, a new shipment may give rise to the invoicing of new delivery charges.

Article 10 – Damaged, lost, or declared not received package

In the event of a package that is visibly damaged, incomplete, or deteriorated, the Customer is invited to contact OCNI Factory as soon as possible at:

bonjour@ocni-factory.com

The Customer may be asked to provide photographs or any information useful for processing the request.

When a package is indicated as delivered by the carrier but the Customer declares not to have received it, OCNI Factory will open an investigation with the carrier to verify the delivery conditions.

The Customer undertakes to provide in good faith the information and supporting documents reasonably necessary for the processing of this investigation, including any affidavit of non-receipt if requested.

OCNI Factory may wait for the results of the carrier’s investigation before proceeding with a reshipment or a refund, subject to compliance with the consumer's legal rights.

When the investigation confirms that the delivery was not correctly performed, OCNI Factory offers the Customer, at their choice, a new shipment or a refund for the order concerned.

Any false declaration, false affidavit, or fraudulent attempt may lead to the refusal of compensation not due and, if applicable, appropriate legal action.

These provisions do not have the effect of transferring to the Customer the risks that remain the responsibility of the seller until the physical taking possession of the goods under the conditions provided by law.

Article 11 – Right of withdrawal

In accordance with the Consumer Code, the Customer has a period of fourteen (14) days from the receipt of the products to exercise their right of withdrawal, without having to justify their decision. Légifrance

When several products from the same order are delivered separately, the period runs from the receipt of the last product or batch.

The Customer may exercise their right of withdrawal:
- by using the withdrawal functionality made available on the site;
- by using the standard form appearing at the end of these T&Cs;
- or by any clear and unequivocal statement expressing their wish to withdraw, sent in particular by email to bonjour@ocni-factory.com.
After notifying their decision, the Customer has fourteen days to return the products to:

OCNI Factory
170 avenue Jean Chaptal
30340 Méjannes-lès-Alès
France

The direct costs of return are to be borne by the Customer.

Article 12 – Condition of returned products

Opening the shipping carton does not prevent the exercise of the right of withdrawal.

The product must, however, be returned complete, in a condition compatible with the normal exercise of the right of withdrawal.

For food products, individual tubes must remain intact and unopened.

When individual food packaging has been unsealed after delivery and the product can no longer be returned for reasons of hygiene or health protection, the right of withdrawal may be excluded in accordance with Article L.221-28 of the Consumer Code. Légifrance

Thus, opening the outer carton is accepted, provided the products are not damaged.

Conversely, a pencil whose individual tube has been opened, in particular when the cap has been removed, cannot be resold when it falls under this legal exception.

The Customer’s liability may also be incurred in the event of depreciation of the product resulting from handling other than that necessary to establish its nature and characteristics.

Article 13 – Refund in case of withdrawal

In the event of a validly exercised withdrawal, OCNI Factory refunds the amounts due to the Customer, including standard delivery costs corresponding to the order concerned.

The refund is made without undue delay and at the latest within fourteen days from the date on which OCNI Factory is informed of the Customer's decision to withdraw. Légifrance

OCNI Factory may, however, defer the refund until the products are recovered or until proof of their shipment is received, the date used being the earliest of these events. Légifrance

The refund is made using the same payment method as that used for the order, unless the Customer expressly agrees to another method that does not incur any additional costs.

When the Customer has chosen a delivery method more expensive than the standard one proposed, the corresponding price difference is not refunded.

Article 14 – Defective, non-compliant products, or order error

In the event of a product being damaged, defective, missing, or not corresponding to the order, the Customer is invited to contact:

bonjour@ocni-factory.com

specifying:
- their order number;
- the product concerned;
- the nature of the problem;
- and, if necessary, photographs.
When OCNI Factory’s liability is engaged, the costs necessary for replacement or return are covered by OCNI Factory.

These provisions do not limit the legal guarantees benefiting the consumer.

Article 15 – Legal guarantees

OCNI Factory is bound by the legal guarantee of conformity provided for by the Consumer Code as well as the guarantee against hidden defects provided for by the Civil Code.

The seller responsible for the guarantees is:

OCNI Factory
170 avenue Jean Chaptal
30340 Méjannes-lès-Alès – France
Phone: 04 66 55 6237
E-mail: bonjour@ocni-factory.com

LEGAL GUARANTEES

The consumer has a period of two years from the delivery of the goods to enforce the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date of its appearance.

When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to such digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, not the date of its appearance.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without any major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original warranty.

If the consumer requests the repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.

The consumer may obtain a price reduction while keeping the goods, or terminate the contract with a full refund upon returning the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience to the consumer, particularly when the consumer permanently bears the costs of return or removal of the non-conforming goods, or if they bear the installation costs for the repaired or replacement goods;

4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to restore conformity.

The consumer is also entitled to a price reduction or rescission of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the goods are out of service for repair or replacement suspends the remaining warranty until the restored goods are delivered.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

Any seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity is subject to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon returning the goods.

Article 16 – Customer Service

For any questions regarding an order or a product, the Customer may contact OCNI Factory:

E-mail: bonjour@ocni-factory.com
Address: 170 avenue Jean Chaptal – 30340 Méjannes-lès-Alès – France

Article 17 – Consumer Mediation

After having submitted a prior written complaint to OCNI Factory and in the absence of a satisfactory solution, the consumer Customer may seek recourse from a consumer mediator free of charge. Légifrance

The designated mediator is:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu
75008 Paris
France

Website: www.cm2c.net

The mediation request can notably be submitted directly on the CM2C website or by mail to the address above. CM2C also provides the email address declarer-un-litige@cm2c.net for dispute notifications. CM2C

Recourse to the mediator is free for the consumer.

The consumer must have previously attempted to resolve the dispute directly with OCNI Factory via a written complaint.

The mediation request must be submitted within a maximum period of one year from the date of the written complaint. Légifrance

Article 18 – Personal Data

Personal data collected in the context of orders is used notably to:
- process and prepare orders;
- ensure payment;
- organize delivery;
- manage customer service requests;
- ensure accounting and administrative tracking;
- comply with OCNI Factory's legal obligations.
Certain information may be transmitted to service providers involved in the execution of the order, notably payment providers and carriers.

Full information regarding personal data processing, the Customer's rights, and retention periods can be found in the Privacy Policy accessible on the site.

The Customer may also contact:

bonjour@ocni-factory.com

for any request regarding their personal data.

Article 19 – Archiving of Electronic Contracts

For contracts concluded electronically for an amount equal to or greater than €120, OCNI Factory shall keep the contract for the applicable legal duration and ensure the Customer has access to it upon request.

Regulations currently provide for a ten-year retention period for these contracts. Légifrance

The Customer may request a copy of the contract by contacting:

bonjour@ocni-factory.com

Article 20 – Intellectual Property

All content on the ocni-factory.com site, including texts, photographs, illustrations, graphics, creations, logos, trademarks, editorial recipes, videos, and layouts, is protected by applicable intellectual property regulations.

Any unauthorized reproduction, representation, adaptation, dissemination, or exploitation of all or part of these elements is prohibited, except for exceptions provided by law or with prior written authorization from OCNI Factory.

Article 21 – Force Majeure

OCNI Factory shall not be held liable for any delay or failure caused directly by an event meeting the legal criteria of force majeure.

When the event is temporary, the performance of the obligation concerned is suspended for its duration.

When the impediment becomes permanent, the consequences are those provided for by the applicable regulations.

Article 22 – Governing Law

These Terms and Conditions of Sale are subject to French law.

However, the application of French law shall not deprive a consumer residing in another country of the mandatory protection provisions they benefit from under applicable rules.

Article 23 – Dispute Resolution

In the event of difficulty, the Customer is encouraged to contact OCNI Factory first to seek an amicable solution.

This step does not deprive the Customer of their right to take legal action.

Consumer mediation is optional for the consumer and cannot be imposed as a mandatory prerequisite to judicial action. Légifrance

Failing an amicable resolution or mediation, the Customer may seize any competent court in accordance with applicable legal rules.

The consumer may notably seize the territorially competent court under the Code of Civil Procedure or that of the place where they resided at the time of the conclusion of the contract or the occurrence of the damaging event. Légifrance

No clause in these Terms and Conditions of Sale therefore imposes the exclusive jurisdiction of the Nîmes Commercial Court on the consumer.

Article 24 – Partial Invalidity

If any clause of these Terms and Conditions of Sale were to be declared void or unenforceable, this invalidity would not affect the other provisions, which would continue to have effect.

STANDARD WITHDRAWAL FORM

Complete and return only if you wish to withdraw from your order.

To the attention of:

OCNI Factory
170 avenue Jean Chaptal
30340 Méjannes-lès-Alès
France
E-mail: bonjour@ocni-factory.com

I hereby notify you of my withdrawal from the contract for the sale of the following products:

Product(s) concerned:
..............................................................

Order number:
..............................................................

Order placed on:
..............................................................

Order received on:
..............................................................

Customer name:
..............................................................

Customer address:
..............................................................

E-mail address:
..............................................................

Date:
..............................................................

Customer signature:
(only in case of notification on paper)

..............................................................