TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale" or "GTCS") apply to any purchase made by an individual Internet user (the "Customer") on the merchant site www.vassantparis.com (hereinafter the "Site").
The Site is published and operated by Vassant Paris (hereinafter referred to as the "Vendor"), a French société par action simplifiée (simplified joint stock company) with a share capital of 250,000 euros, having its registered office at 18 Rue Le Bua, Paris 75020, registered in the Paris Trade and Companies Register under number 524 928 421, whose intracommunity VAT number is FR72524928421 and whose contact details are : Tel : 01.42.55.00.24 - Fax : 01.43.64.03.07 - Email : info@vassantparis.com
The Site's Publication Director is Aurélie MAHIER. The Site's editorial manager is Aurélie MAHIER. The Site's webmaster is Blablabla Agency, whose email address is hello@blablabla-agency.com. The Site is hosted by ELB MULTIMEDIA, a société par action simplifiée (simplified joint stock company) with a capital of 126,000 euros, headquartered at 45 and 47 rue Francis de Pressensé and registered with the Lyon trade and companies register under number 429 999 030.
- Definitions
The terms used hereinafter have the following meanings in the General Terms and Conditions of Sale, whether used in the singular or plural:
"Customer means any individual Internet user who guarantees to have the capacity to contract as a non-professional consumer within the meaning of consumer law and case law applicable in the Territory.
"Account: designates the private space reserved on the Site for each Customer, including the personal data provided for order processing purposes, such as marital status, Product delivery address, e-mail address and telephone number.
"Identifier: means the email address and password chosen by the Customer when creating the Account, which must be entered in order to connect to the Account.
"Brand Vassant Manufacturé à Paris: refers to the semi-figurative trademark "Vassant Manufacturé à Paris" registered by the Seller in classes 14, 18 and 25 (i) in France on December 23, 2010 and (ii) internationally on May 3, 2011 to designate the European Union, the United States, Japan and China.
"Product means all the products available on the Site and in particular small leather goods, bags, belts, ties, shoes, lamps, armchairs, frames, sheathed pens/pencils, sheathed tables, kits, bracelets, sold under the Brand and manufactured in France.
"Territory means the countries in which the Vendor accepts delivery, i.e. to date: France including DOM TOM, other European countries.
- Object
The purpose of the GTCS is to govern the retail sale of Products by the Seller to the Customer on the Site.
Placing an order on the Site implies the Customer's full and unreserved acceptance of the GCS, which prevail over any other contractual document, and in particular over any general terms and conditions of the Customer.
The GCS can be saved and/or printed and are accessible from all pages of the Site. They may be modified at any time. The applicable terms and conditions will be those accepted by the customer when placing the order, and which are still accessible from the order confirmation e-mail.
- Account creation
- Creation conditions
Before validating his first order, the Customer must create an Account by filling in the form available for this purpose on the Site, containing the compulsory personal information indicated as such by an asterisk.
Any creation of an Account will be confirmed by an automatic e-mail sent by the Vendor containing, in particular, the contact details of its customer service department.
In this respect, the Customer guarantees that the data is accurate and complete and undertakes to confirm, by any appropriate means and at the first request of the Vendor, his identity and the information communicated.
- Technical specifications
The Customer acknowledges that he/she has the necessary means and skills to use the Site. The equipment, in particular computer equipment, required to access and use the Site, as well as the related telecommunication costs, are the sole responsibility of the Customer.
The Vendor may not be held liable for any alleged or proven damage suffered directly or indirectly by any Customer as a result of connecting to the Site, consulting and/or using the information provided on the Site or as a result of the temporary impossibility of accessing the Site for technical maintenance or updating due to the unforeseeable and insurmountable act of a third party.
- Login management
The Customer is solely responsible for the choice of his Identifiers with regard to the rights of third parties, in particular with regard to identity theft or intellectual property rights, as well as for maintaining their confidentiality and thus their possible use, fraudulent or otherwise, by third parties.
As the Vendor is not obliged to verify the identity of each Customer, it cannot be held responsible in the event of fraudulent use of the Customer's Identifiers or means of payment.
If the Customer loses or forgets his Identifiers, he may send the Vendor a request to reset his password.
- Order process
- Product features
The common characteristic of the Products is that they are French-made and of very high quality, thanks in particular to the nobility of the materials used and the specific know-how of the Seller in certain processes, and are intended for a high-end clientele.
Each Product offered for sale on the Site is the subject of a Product page containing its reference, its dimensions, one or more photographs completed with a description, the list of available materials and colors and the average delivery time. For any other information or question, a customer service will be available Monday to Friday between 8am and 12pm and between 1pm and 5pm by telephone on 01.42.55.00.24 or by email at info@vassantparis.com, the choice and purchase of the Product remaining in all cases under the Customer's responsibility.
The Customer will have the possibility, outside the Site and by prior quotation, to order "made-to-measure" Products meeting his personal specifications. To do so, the Customer must make an appointment with the Company by e-mail or telephone, or send an e-mail with a drawing/photo of the desired model.
- Product availability
Products are made to order. There are therefore no stocks available.
- Price
The prices of the Products are displayed in Euros inclusive of all taxes on the basis of the VAT in force in France.
Depending on the country of delivery selected at the time of ordering, Product prices may vary according to the VAT rate in force in the European Union country selected, i.e. at present :
- Germany 19%
- Austria 20%
- Belgium 21%
- Bulgaria 20%
- Croatia 25%
- Cyprus 19%
- Denmark 25%
- Spain 21%
- Estonia 20%
- Finland 24%
- France 20%
- Greece 23%
- Hungary 27%
- Ireland 23%
- Italy 22%
- Latvia 21%
- Lithuania 21%
- Luxembourg 17%
- Malta 18%
- Netherlands 21%
- Poland 23%
- Portugal 23%
- Czech Republic 21%
- Romania 24%
- United Kingdom 20%
- Slovakia 20%
- Slovenia 22%
- Sweden 25%
Product prices do not include :
- any bank charges, product import fees or other taxes and customs duties due in the Euros zone, which are payable by the Customer in the event of payment by bank transfer,
- delivery costs, which are based on the amount of the Products in the basket, excluding VAT, i.e. :
- from 0 to 2500 Euros = 4% of the total before tax with a minimum of 25 Euros shipping cost
- from 2501 Euros to 10 000 Euros = 4% of the total before tax with a minimum of 150 Euros shipping costs
- over 10,000 Euros = 4% of the total excluding VAT with a minimum of 250 Euros for shipping costs
Any delivery restrictions and the total amount of the aforementioned charges will be clearly and legibly indicated at the beginning of the order process, on the first page of the shopping basket, before the basket is validated and paid for by the Customer.
- Ordering procedure
To place an order, the Customer fills his/her "basket" by clicking on the "Add to basket" button for each Product selected on the Site, from the Product page containing clearly and legibly the size, quantity, material(s)/colour(s) available and the price (including VAT) of this Product.
After each "Add to cart" click, the order summary will be displayed with the total amount before and after tax, including the VAT rate as well as the applicable delivery times and costs.
At any time, the customer can view the order summary by clicking on the "View basket" button, or continue by clicking on the "Continue shopping" button.
At the end of his selection, the Customer clicks on the "Order" button and must, if he is already a Customer, identify himself by accessing his Account using his Identifier or, if not, create an Account.
At this stage, the Customer will see the details of his/her order, with a reminder of the total price including delivery times and costs, and will be able to modify his/her order by clicking on the "Back" button in order to identify and correct any errors made in entering data, or to modify his/her "Basket".
To finalize the order process, the Customer must successively :
- click on the "Order" button
- log in with an Account and select your delivery and billing address,
- click on the "Confirmation and Payment" button and read and explicitly accept the Terms and Conditions of Sale by clicking on the "I have read and accept the Terms and Conditions of Sale" button. The Terms and Conditions of Sale can be viewed and downloaded from any page of the Site.
- select your method of payment and have paid for your order by clicking on the "Confirm my order and Proceed to payment" button, which gives you access to the secure payment process.
Final validation of the Product order will therefore require four successive clicks.
Once payment has been duly made and confirmed, the Customer receives, immediately and no later than 3 days later, an order confirmation email from the Vendor. The Customer therefore accepts the use of e-mail to confirm the content of his/her order. In accordance with article L 132-4 of the French Consumer Code, when the sale involves a sum equal to or greater than 120 euros including tax, the Vendor keeps the contractual documents for 10 years and guarantees access to them to the Customer, who may consult them on request by e-mail: info@vassantparis.com.
- Payment
The price is payable in full upon confirmation of the order by the Customer.
Payment for purchases made online may be made by :
- Carte Bleue, Visa, Mastercard and American Express credit cards. It is specified that the Site is equipped with a secure online payment system ("SSL protocol"), via an external platform managed by a Crédit Agricole platform payment service provider, which guarantees the confidentiality of bank data and compliance with PCI DSS security standards.
- bank transfer to the following address
Bank : Crédit Agricole Paris Est
RIB : 18206 00280 65024674171 18
IBAN: FR76 1820 6002 8065 0246 7417 118
BIC: AGRIFRPP882
The invoice will be sent by email to the Customer after receipt of the order amount.
In all cases, the transfer of ownership of the Products to the Customer will be effective once payment has been duly made and confirmed by the Vendor.
- Delivery and acceptance of Products
6.1 Delivery
To date, the delivery area for Products includes :
- France including DOM TOM (Colissimo delivery, Point Relais / standard delivery, express delivery etc.);
- all other European countries (delivery by UPS with tracking sent by e-mail to the customer on the day of departure).
Delivery will be made to the address chosen by the Customer at the time the order is placed, usually from Monday to Saturday between 9 a.m. and 7 p.m., and will have been notified in advance by email or SMS.
The delivery dates stipulated on the order may be modified according to the availability of the Products without exceeding 6 (six) weeks for accessories and small leather goods and 4 (four) months for leather goods (bags).
In the event of non-compliance with the agreed delivery date, the Customer must first request the Vendor to comply, allowing a reasonable additional period of time. If this new deadline is not met, the Customer may cancel the order by registered letter or in writing on another durable medium. The order will be cancelled from the date of receipt of said letter by the Vendor.
If the delivery cannot be made due to the Customer's absence, a notice will be left if possible and a new delivery will be scheduled by email or SMS.
If delivery cannot be made due to the delivery company's own shortcomings, the Vendor cannot be held responsible.
No delivery will be made if full payment is not received.
6.2 Acceptance
Upon delivery of the Products, the Customer must check the conformity and condition of the order in the presence of the carrier and, if necessary, express any reservations concerning apparent defects (missing product, damaged package, etc.) and inform the Vendor immediately by e-mail.
In any event, any defects relating to the Products must be reported by the Customer to the Vendor by e-mail to info@vassantparis.com within 30 (thirty) working days (excluding Sundays and public holidays) of receipt of the Products. In the event of a proven defect, and depending on the case, the Vendor may offer to repair or replace the Product identically.
After this deadline, and unless a duly justified legitimate reason is given, any request made will be considered inadmissible.
- Right of withdrawal
7.1 General principle
The Customer has the right, without having to justify himself or herself or pay any penalty, to exercise his or her right of withdrawal from the Products ordered on the Site within 14 working days (excluding Saturdays, Sundays and public holidays) from the date of receipt of the Products (the date shown on the carrier's receipt being taken as proof), by returning the form appended to these GTC, duly completed, to either :
- by post to the following address: 18 Rue Le Bua 75020 Paris;
- by e-mail to the following address: info@vassantparis.com
After exercising his/her right of withdrawal, the Customer must return the Products in new condition and sealed in their original packaging, no later than 14 days following the date on which he/she sends his/her letter or e-mail of withdrawal, with the cost of returning the Product(s) to be borne by the Customer.
Upon receipt of Products returned in this way, the Vendor reserves the right to refuse reimbursement in the event of depreciation resulting from handling other than that necessary to establish their nature.
If this is not the case, the Vendor undertakes to reimburse the Customer for the price of the Products returned as well as the delivery costs by crediting the bank card used for payment, within a maximum of 7 (seven) working days (excluding Sundays and public holidays) following the date of receipt of their return.
7.2 Exceptions
In accordance with legal provisions, the Customer's right of withdrawal does not apply in the following cases:
- Products made to the consumer's specifications or clearly personalized,
- Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
- Limitation of liability
The Seller is fully responsible for the proper performance of its obligations to the Customer.
Nevertheless, the Vendor may not be held liable if the non-performance or improper performance of its obligations is attributable to the Customer, to a third party such as the carrier responsible for delivering the Products, or to the occurrence of a case of force majeure as defined in article 12.
- Legal warranties
The Seller is obliged to :
- legal warranty of conformity provided for in articles L 211-4 to L 211-14 of the French Consumer Code, some of which are listed below:
Art. L 211-4: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility".
Art. L 211-5: "To conform to the contract, the good must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Art. L 211-12: " Any action resulting from a lack of conformity is barred after two years from the date of delivery of the goods".
- the legal warranty against hidden defects provided for in articles 1641 to 1649 and 2232 of the French Civil Code, some of which are listed below:
Art. 1641 : " The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1648 paragraph 1: " The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for by article 1642-1In this case, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity".
The Customer is therefore invited to check the conformity of the Products received in fulfilment of the order, and in the event of a defect being found, to contact the Vendor's customer service department, which will inform the Customer of the return, repair, replacement or refund procedures as set out in article 6.2 of the GCS.
- Intellectual property rights
10.1 General layout
Under no circumstances shall the execution of the GTS by the Customer confer upon the Customer any direct or indirect right of ownership or use of the Brands, logos or any other distinctive signs relating to the Products and to the elements accessible on the Site, notably in the form of photographs, visuals, texts, drawings and images.
Customers are not authorized to create a hypertext link to the Site and/or any page of the Site and/or any file contained therein without the prior written consent of the Vendor. In no event shall the Vendor be liable for the existence of hypertext links between its Site and third-party sites and/or for the content of said sites, which the Vendor in no way endorses.
10.2 Brand image
The Customer acknowledges that the Products are sold by retail on the Site and are reserved strictly for personal use.
- Personal data
Customers' personal data (surname, first names, postal and e-mail addresses, telephone number, etc.) collected when creating an Account and ordering Products are kept solely for the purpose of replying to e-mails sent to the Vendor, processing orders, sending commercial information and combating credit card fraud.
This personal data is therefore not intended to be sold to third parties and will be kept and stored by the Vendor for as long as it deems reasonable for these purposes, without in any case exceeding the retention periods set by the applicable regulations.
The Vendor is therefore responsible for processing personal data and has, to date, filed simplified declarations with the CNIL.
Customers are informed that, in accordance with the French Data Protection Act of January 6, 1978, as amended, they have a right of access, rectification and opposition, which they may exercise by contacting the Vendor at :
- by post to the following address Vassant Paris 18 Rue Le Bua 75020 Paris ;
- an email to the following address: info@vassantparis.com.
In addition, the Customer is informed that the Site uses cookies to store browsing information during Site consultation. A cookie does not allow the Customer to be identified; however, it records information relating to the computer's browsing on the Site (pages consulted, date and time of consultation, etc.) which may be read during subsequent visits. Customers may prevent the placement of cookies by configuring their browser settings in accordance with the documentation supplied with the software.
Customers' IP addresses are stored by the Vendor for the sole purpose of examining any malfunctions on the Site, ensuring its security and maintenance, and making anonymous statistical calculations.
Personal data relating to members of the Vendor's team which are made accessible on the Site may not be collected and processed without the prior written consent of the person concerned. In particular, Customers shall refrain from collecting and using, either manually or automatically, such personal data or any other data to send advertising messages or messages of any other nature unrelated to the activities of the Vendor and its staff.
- Force majeure
The Vendor's obligations will be suspended in the event of a force majeure event for as long as the circumstances giving rise to the force majeure event persist. For the purposes of the GCS, force majeure shall mean any event, whether fortuitous or not, beyond the control of the party affected by the force majeure, but not necessarily unforeseeable, such as, but not limited to, war, strike, breakdown, fire, explosion, flood, difficulties in obtaining raw materials or energy, supplies, administrative or judicial injunction, and any other event preventing the affected party from acting in fact or in law.
- Partial disability
Should one or more stipulations of the GTC be deemed unlawful or null and void, such unlawfulness or nullity shall not result in the unlawfulness or nullity of the other stipulations of the GTC, which shall remain applicable.
- Applicable law and competent court
These General Terms and Conditions of Sale and the relationship between the Customer and the Vendor are governed by French law, to the exclusion of any provisions of foreign law.
Any dispute or litigation, whatever the cause, concerning in particular the formation, interpretation or execution of the GCS, will be the exclusive competence of the French jurisdictions, even in the event of appeal in guarantee or of plurality of defendants, and will be the subject beforehand of an attempt at amicable settlement.
In any event, these provisions apply subject to any mandatory public policy provisions applicable in the customer's country of residence.
Appendix 1 - Withdrawal form
Please complete and return this form only if you wish to cancel your order placed on the Site.
For the attention of Vassant paris Customer Service By email : info@vassantparis.com By post: 18 Rue Le Bua 75020 Paris I hereby notify you of my withdrawal from the contract for the sale of the Product below: Ordered on ................................ Received on .................................... Order number: ............................................................... Customer name(s): ......................................................... Signature of Customer(s) (only in case of notification of this form on paper: ........................................................... Date: ............................................................................................ |