General terms and conditions of sell
Updated on October 2016
These general terms and conditions of sale (hereinafter, the “General terms and conditions” or “GTCs”) shall apply to any and all purchases made by any web user being a natural person (a “Customer”) on retail website www.vassantparis.com (hereinafter, the “Site”).
The Site is published and operated by French company Vassant Paris (hereinafter, the “Seller”), a simplified joint-stock company with a capital of EUR 250,000, having its registered office at 18 rue Le Bua - 75020 Paris, registered with Paris Register of Companies under n°: 524 928 421, intra-community VAT n°: FR72524928421, Tel n°: 01 42 55 00 24; Fax n°: 01 43 64 03 07; email: email@example.com.
The Site Publication Director is Aurélie MAHIER. The Managing Editor of the Site is Aurélie MAHIER. The webmaster of the Site is Pinel & Strategy, email: firstname.lastname@example.org. The Site is hosted by ELB MULTIMEDIA, a simplified joint-stock company with a single shareholder with a capital of EUR 126,000, having its registered office at 45/47 rue Francis de Pressensé - 69100 Villeurbanne, registered with Lyons Register of Companies under n°: 429 999 030.
In these GTCs, the terms listed below have the following meaning, whether they are used in the singular or the plural:
Means any web user who is a natural person and who guarantees having the capacity to contract as non-professional consumer according to consumer law and case law applicable in the Territory.
Means the private space reserved for each Customer on the Site including data concerning him/her provided for the purpose of dealing with his/her order, such as civil status, delivery address of Products, email address and telephone number.
Means the email address mentioned in the Account and the password chosen upon creation of the Account by the Customer which has to be entered in order to be connected to the Account.
Means semi-figurative trademark “Vassant Manufacturé à Paris” registered by the Seller in Classes 14, 18 and 25 (i) in France on 23 December 2010 and (ii) internationally on 3 May 2011 to include the European Union, the United States, Japan and China.
Means all products available on the Site, and especially small leather goods, bags, belts, ties, shoes, lamps, armchairs, picture frames, leather trimmed pens/pencils, leather trimmed tables, pencil cases, bracelets sold under the Trademark and manufactured in France.
Means the countries where the Seller accepts to deliver goods, i.e. to-date: France including Overseas Departments and Overseas Territories, other European Countries.
The purpose of these GTCs is to govern the retail trade of the Products by the Seller to the Customer on the Site.
The fact of placing an order on the Site implies full and unreserved acceptance of the GTCs by the Customer. They shall prevail over any other contractual document and in particular any and all general conditions of the Customer.
These GTCs may be saved and/or printed and they can be accessed from all pages of the Site. They may be amended at any time and the GTCs which are enforceable shall be the ones the Customer has accepted upon placing an order and shall still be accessible from the confirmation email of that order.
3. CREATION OF AN ACCOUNT
3.1. Conditions of creation
Before confirming his/her first order, the Customer shall create an Account by filling the form provided for that purpose on the Site, including the mandatory personal information marked as such by an asterisk.
Any creation of an Account shall be confirmed by an automatic email sent by the Seller including in particular the details of its customer service.
In that respect, the Customer guarantees that all data provided is correct and exhaustive and agrees to confirm in any appropriate manner and upon request from the Seller, his/her identity and the information he/she has provided.
3.2. Technical specifications
The Customer represents that he/she enjoys the means and capacities required to use the Site. Any equipment, including computer equipment required to access and use the Site as well as all related communication costs shall be exclusively borne by the Customer and it is under his/her sole responsibility.
The Seller shall not be held liable for any alleged or established damage directly or indirectly suffered by any Customer further to his/her connexion to the Site, the consultation and/or use of information provided on the Site or further to the temporary impossibility to access the Site for reasons of technical maintenance or updating due to the unforeseeable and insurmountable act of a third party.
3.3. Management of Usernames
The Customer is solely responsible for choosing his/her Usernames with regard to the rights of third parties, especially when it comes to misuse of identity or intellectual property rights, as well as keeping them confidential and therefore their potential fraudulent use by third parties.
Since the Seller is under no obligation to check the identity of each Customer, it cannot be held liable in the event of fraudulent use of his/her Usernames or payment instruments.
In the event the Customer should lose or forget his/her Usernames, he/she may send a request to the Seller to reset his/her password.
4. ORDERING PROCESS
4.1. Characteristics of Products
The common characteristic of our Products is that they are manufactured in France and very high quality, especially thanks to the superiority of the materials we use and the specific know-how of the Seller on certain processes, and they are intended for an upmarket clientele.
Each Product offered for sale on the Site is described and presented in a Product sheet containing its reference, its size, one or more pictures with a description, a list of materials and colours available and the average delivery time. For any other information or question, the customer service shall be accessible by telephone on 01 42 55 00 24 from Monday to Friday between 08.00 am and 12.00 pm, and 01.00 pm and 05.00 pm, or by email at email@example.com, choice and purchase of the Product always remaining under the Customer’s responsibility.
The Customer shall be able, off the Site and upon special estimate, to order “bespoke” Products meeting his/her personal specifications. To do so, the Customer shall make an appointment with the Company by email or by telephone, or send the Company an email with a drawing/picture of the model required.
4.2. Availability of Products
The Products are made on order. Therefore, there are no stocks available.
The prices of Products are published in the Site in Euros, including taxes on the basis of the VAT applicable in France.
Depending on the country of delivery, the prices of Products shall be published taking into account the rates of VAT charged in countries of the European Union in force to date:
- The Netherlands
- Czech Republic
- United Kingdom
The prices of Products do not include the following:
- Possible bank charges, import costs and other taxes and customs duties due in the European zone payable by the Customer when paying by bank transfer;
- Delivery costs set based on the price of Products ordered before tax, i.e.:
* From EUR 0 to EUR 2,500 = 4% of total price excluding tax, with a minimum charge of EUR 25 shipping costs;
* From EUR 2,501 to EUR 10,000 = 4% of total price excluding tax, with a minimum charge of EUR 150 shipping costs;
* Over EUR 10,000 = 4% of total price excluding tax, with a minimum charge of EUR 205 shipping costs.
Any potential delivery restrictions and the total of the aforementioned costs shall be clearly and legibly mentioned on each Product sheet as well as from the start of the ordering process on the first page of the basket creation, prior to confirmation and payment by the Customer.
4.4. Ordering process
In order to place an order, the Customer fills his/her “shopping bag” by clicking on the “Add to shopping bag” button for Products selected on the Site from the Product sheet which clearly and legibly includes the size, quantity, material and colour(s) of Products and the price including VAT and means of payment accepted.
After each click “Add to shopping bag”, the summary of the order will be displayed with the total amount excluding taxes and including taxes mentioning the VAT rate and the applicable delivery time and charges.
The Customer can at any time see a summary of his/her order by clicking on the “View shopping bag” button or proceed by clicking on the “”Continue shopping” button.
Once he/she has finished his/her shopping, the Customer then clicks on the “Checkout” button and must identify him/herself by accessing his/her Account with his/her Username.
At this stage, the Customer shall view the detail of his/her order including a reminder of the total price including delivery time and costs but also the other potential costs and will then be able to change his/her order by clicking on the “Edit bag” button in order to identify and correct any potential mistakes made when entering data or to change his/her “Shopping bag”.
To finalize the ordering process, the Customer shall then successively:
- Click on the “Confirm shopping bag with obligation to pay”;
- Confirm his/her delivery and billing address;
- Read the GTCs and explicitly accept them by clicking on the “I have read and accept the General Terms and Conditions of Sale” button, GTCs which can be consulted and uploaded from any page of the Site;
- Select his/her means of payment and pay for his/her order by clicking on the “Proceed to mandatory payment” button giving access to the secure payment process.
Final confirmation of any order of Products shall therefore require four successive clicks.
Once payment has been duly made and confirmed, the Customer shall receive either immediately or within the next 3 days at most a confirmation email of his/her order from the Seller. The Customer therefore accepts to receive confirmation of the content of his/her order by email. In accordance with Article L.132-4 of the Consumer Code, when the sale involves a sum of EUR 120 or more including tax, the Seller shall save the contractual documents for 10 years and guarantee access to them to the Customer who can consult them upon request (by email at firstname.lastname@example.org).
The price is payable in full upon confirmation of the order by the Customer.
The price of purchases made on line may be settled by:
- Either of the following credit cards: Carte Bleue, Visa, Mastercard and American Express. It should be noted that the Site has an online payment protection system (“SSL Protocol”), via an external platform managed by the payment service of the Crédit Agricole bank which guarantees the confidentiality of bank data and compliance with PCI DSS security standards.
Bank transfer to the following:
- Bank: HSBC France
- Bank identification: 30056 00922 09220032643 50
- IBAN: FR76 3005 6009 2209 2200 3264 350
- BIC: CCFRFRPP
The invoice shall be sent to the Customer by email once the price of the order has been cashed.
In all instances, transfer of ownership of the Products to the Customer shall be effective once payment has been duly made and confirmed by the Seller.
6. DELIVERY AND ACCEPTANCE OF PRODUCTS
To-date, the area where the Products are delivered includes the following:
- France, including Overseas Departments and Territories (Colissimo, Point Relais, standard/express delivery, etc.);
- Any otherEuropean country (UPS with tracking sent by email to the Customer on shipping date).
Delivery shall be made at the address chosen by the Customer when he/she placed the order, from Monday to Saturday, usually between 09.00 am and 19.00 pm, and the Customer shall be informed in advance by email or text message.
Delivery dates stipulated on the order may be changed depending on the Products’ availability but should not exceed 6 (six) weeks for small leather goods and 4 (four) months for other leather goods (bags).
In the event the goods are not delivered on the expected date, the Customer shall first request the Seller to comply, allowing for reasonable additional time. If this new date is not complied with, the Customer shall be entitled to terminate the contract, by letter sent recorded delivery or in writing on any other durable medium. The contract shall be cancelled as of the date such correspondence is received by the Seller.
If delivery could not be made because the Customer was absent, a calling card shall be left if possible and another delivery shall be scheduled by email or text message.
If delivery could not be made due to potential defaults on the delivery company’s part, the Seller shall not be held liable.
No delivery shall be made if it proves impossible to obtain full payment of the price.
Upon delivery of the Products, the Customer shall check the conformity and condition of his/her order in the presence of the carrier and, if applicable, make any reservations required on obvious problems (missing product, damaged package…) and inform the Seller promptly by email.
In any event, all potential defects concerning the Products must be referred to the Seller by the Customer by email at email@example.com within 30 (thirty) business days (not including Sundays and public holidays) after receiving the Products. In the event of verified defects, the Seller may offer to repair the Product or replace it with an identical one.
Upon expiry of this deadline and failing any legitimate, duly justified reason, any request that may be submitted shall be considered inadmissible.
7. RETRACTION RIGHT
7.1. General rule
The Customer may, without requiring any justification or having to pay any penalty, exercise his/her retraction right about Products ordered from the Site within a time limit of 14 working days (excluding Saturdays, Sundays and public holidays) from the date they receive the Products (according to the date mentioned on the carrier’s receipt), by sending the form attached to these GTCs duly filled in:
- Either by post to the following address: 18 rue Le Bua - 75020 Paris;
- Or by email at: firstname.lastname@example.org.
Once he/she has exercised his/her retraction right, the Customer must imperatively return the Products, new and wrapped in their original packaging, no later than within 14 days following the date their retraction letter or email was sent, return costs of the Product(s) being borne by the Customer.
Upon receipt of the Products thus returned, the Seller reserves its right to refuse their refund in the event they should be depreciated due to improper handling other than what is necessary to determine their nature.
Otherwise, the Seller shall refund to the Customer the price of the returned Products as well as delivery costs, by crediting the credit card used to make payment, within a maximum of 7 (seven) business days (excluding Sundays and public holidays) following the date the returned goods were received.
In compliance with statutory provisions, the Customer’s retraction right does not apply in the following cases:
- Products manufactured according to the Customer’s specifications or clearly customized;
- Products which have been unsealed by the Customer and cannot be sent back for reasons of hygiene or for the protection of health.
8. LIMITED LIABILITY
The Seller is responsible ipso jure for proper compliance with its obligations with regard to the Customer.
Nevertheless, the Seller may not be held liable when non-performance or improper performance of its obligations is attributable to the Customer, to a third party such as in particular the carrier in charge of delivering the Products or in the occurrence of a force majeure event as described at Article 12 below.
9. STATUTORY GUARANTEES
The Seller is liable for the following:
- Statutory guarantee of compliance provided for under Articles L.211-4 to L.211-14 of the Consumer Code, of which extracts are quoted below:
Article L.211-4: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”
Article L.211-5: “To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
Article L.211-12: “Action resulting from lack of conformity lapses two years after delivery of the product.”
- Statutory guarantee of hidden defects provided under Articles 1641 to 1649 and 2232 of the Civil Code, of which extracts are quoted below:
Article 1641: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
Article 1648, par. 1: “An action resulting from unacceptable defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity.”
The Customer is therefore invited to check the compliance of the Products received as a result of placing an order and in the event a defect is found, to contact the Seller’s customer service department where he/she shall be informed about returns, repairs, replacements or refunds as provided under Article 6.2. of the GTCs.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. General rule
Performance of the GTCs by the Customer shall not in any event confer to said Customer any direct or indirect right of ownership or use whatsoever on the Trademarks, logos or any other distinctive sign related to the Products or any of the elements accessible on the Site, especially in photographs, visuals, texts, drawings and pictures.
Customers are not allowed to create any hyperlink to the Site and/or any page of the Site and/or any file found there without the Seller’s prior written consent. The Seller shall not in any event be held liable due to existing hyperlinks between the Site and third parties’ sites and/or the content of such sites which the Seller does not endorse in any way whatsoever.
10.2. Brand image
The Customer acknowledges that the Products are sold on the Site and are intended for his/her strictly personal use.
11. PERSONAL DATA
Personal data concerning Customers (surname, first name, postal and electronic address, telephone number…) collected upon creation of their Account and when ordering Products are stored for the sole purpose of replying to electronic mail sent to the Seller, to deal with their orders, without exceeding in any event the retention period provided for under applicable regulations.
The Seller is therefore responsible of the processing of personal data and has already filed to-date simplified file declarations with the CNIL.
Customers are informed that they have, in compliance with the Data Protection Act of 6 January 1978 subsequently modified, a right to access, modification and opposition that they can exercise with the Seller by sending:
- A letter by post to the following address: Vassant Paris, 18 rue Le Bua - 75020 Paris;
- An email to: email@example.com.
IP addresses of Customers are stored by the Seller for the sole purposes of examining potential malfunctions of the Site, providing security and maintenance and carrying out anonymized statistical calculations.
Personal data concerning members of the Seller’s team made accessible on the Site may not be collected and be processed without the prior written consent of the person in question. In particular, Customers shall refrain from collected and using these personal data or any other data, either by manual or automated processing, to send advertising or any other messages without any relation with the activity of the Seller or its staff.
12. FORCE MAJEURE
The Seller’s obligations shall be suspended in case a force majeure event should occur, as long as the circumstances resulting in this force majeure event shall last. Under these GTCs, an occurrence shall be deemed a force majeure event, either accidental or not, which is beyond the intent or control of the party affected by that event but which is not necessarily unforeseeable such as, although not limited to, war, strike, breakdown, fire, explosion, flood, problems to get raw materials or energy, supplies, administrative or judicial injunctions, or any other event prevented the affected party to act in fact or in law.
13. PARTIAL INVALIDITY
In the event one or more of the stipulations of these GTCs should be ruled invalid or null and void, such invalidity or nullity shall not render the other stipulations of these GTCs illicit or null and void and they shall remain enforceable.
14. APPLICABLE LAW AND JURISDICTION
These GTCs as well as relationships between Customer and Seller shall be governed by French law, excluding provisions that might refer to rules of public policy of the law of a foreign country.
Any objection or dispute, for any reason whatsoever, concerning in particular the creation, interpretation or performance of these GTCs shall be referred to the exclusive jurisdiction of French courts, even in case of impleading or when there are several defendants, and after a prior attempt at finding an amicable settlement has been made.
In any event, these stipulations are applicable subject to any possible imperative rules of public policy applicable in the Customer’s country of residence.
érales de vente en anglais à rédiger