These General Conditions of Sale (hereinafter "the General Conditions") apply to any purchase made by a natural person or professional (hereinafter "the CUSTOMER") on the website https://www.vanillelavany-store.com/index.php (hereinafter the "SITE") Vanilla LAVANY - LALINE SAVEURS, SARL registered in the register of commerce and companies under the number 444498364 00041, having its registered office at 14, rue Alan Turing - 81000 ALBI - France, Tel: +33-05 63 47 77 68, email: contact@vanillelavany.com (hereinafter the "Seller").
IMPORTANT Any order placed on the Site necessarily implies the full acceptance of the CUSTOMER of these General Conditions of Sale.
ARTICLE 1. DEFINITIONS
The following terms are used in these General Conditions of Sale:
- CUSTOMER : means the contracting party of the VENDEUR, which guarantees the status of consumer or professional as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER shall act in the course of its usual or commercial activity.
- « DELIVERY » : means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
- PRODUCTS : means all products available on the SITE.
- LAND : means Metropolitan FRANCE (excluding DROM/COM, ex DOM TOM).
ARTICLE 2. PURPOSE
These General Sales Conditions (GTC) govern the sale by the VENDEUR to its CLIENTS of the Products available on the site.
The CUSTOMER is clearly informed and acknowledges that these GTCs govern any order placed on the SITE by a CUSTOMER for the purchase of a PRODUCT.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALES
The CUSTOMER undertakes to read these General Conditions of Sale carefully and to accept them before making payment for an order for PRODUCTS placed on the SITE.
These General Conditions of Sale are referenced at the bottom of each SITE page by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print and keep a copy of the General Conditions of Sale.
The VENDER advises the CUSTOMER to read the General Conditions of Sale for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges that he has read, understood and accepted the General Conditions of Sale without limitation or condition.
ARTICLE 4. SITE PRODUCT ACCOMMODATION
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be invited to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER command to be processed by the VENDER. The CUSTOMER can check on the SITE the status of his order. SHIPPING tracking can, if necessary, be done using the online tracking tools of some carriers. The CUSTOMER may also contact the sales department of the VENDEUR at any time by e-mail at contact@vanillelavany.com, in order to obtain information on the status of its order.
The information that the CUSTOMER provides to the Seller when ordering must be complete, accurate and up-to-date. The VENDER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The VENDER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information to be received by the CUSTOMER under the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with EU legislation and standards applicable in France.
Article 5.2.Order procedure
Product orders are placed directly on the SITE. To make an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).
5.2.1. Selection of Products and Purchase Options
The CUSTOMER should select the PRODUCT(s) of his choice by clicking on the relevant PRODUCT(s) and selecting the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the basket of the CUSTOMER. The latter can then add as many PRODUCTS as he wishes to his basket.
5.2.2. Orders
Once the PRODUCTS are selected and placed in their basket, the CUSTOMER must click on the basket and check that the contents of their order are correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified himself/herself, he/she will post to his/her attention an on-line form completed automatically and summarizing the price, applicable taxes and, if applicable, delivery costs.
The CUSTOMER is asked to check the contents of his order (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed with the payment of the PRODUCTS according to the instructions on the SITE and provide all the information necessary for the billing and SHIPPING of the PRODUCTS. For products for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the method of delivery chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct.
The VENDER does not send any order confirmation by post or fax.
5.2.4. Billing
During the order procedure, the CUSTOMER will have to enter the information necessary for the invoice (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER's order to be processed by the VENDER).
In particular, the CUSTOMER shall clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, and any access code to the DELIVERY address.
The CUSTOMER must also specify the method of payment chosen.
Neither the order form that the CUSTOMER establishes online nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice to the DELIVERY of PRODUCTS, inside the package.
5.3.Date of order
The date of the order is the date on which the VENDER acknowledges receipt of the order online. The deadlines indicated on the SITE shall only begin to run from that date.
5.4.Prices
For all PRODUCTS, the CUSTOMER will find on the SITE prices in euros without taxes, as well as the applicable shipping costs (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen).
Prices include in particular value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate shall be expressed as a percentage of the value of the PRODUCT sold.
The prices of the suppliers of the SELL are subject to change. As a result, prices on the SITE may change. They can also be changed in case of special offers or sales.
The prices shown are valid, except for gross errors. The applicable price is that indicated on the SITE on the date the order is placed by the CUSTOMER.
5.5.Availability of PRODUCTS
The trader undertakes to deliver the PRODUCT by the date or time specified to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the Product concerned. CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if unavailability has not been indicated at the time of the order, the VENDER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the VENDER may, if the parties agree, propose an alternative PRODUCT of equivalent quality and price accepted by the CUSTOMER.
If the CUSTOMER decides to cancel its order for Products not available, it will obtain a refund of all amounts paid for Products not available within thirty (30) days of payment.
ARTICLE 6. RIGHT OF RETRACTATION
The terms of the right of withdrawal are provided for in the "retraction policy", a policy available in Appendix 1 present and accessible at the bottom of each SITE page via a hyperlink.
ARTICLE 7. PAYMENT
7.1.Methods of payment
The CUSTOMER can pay its PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CUSTOMER guarantees to the VENDER that it has all the authorisations required to use the chosen payment method.
The VENDER will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
As such, all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
7.2.Date of payment
In the event of a single payment by credit card, the CUSTOMER's account will be debited upon order of PRODUCTS placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER account as soon as the first package is shipped. If the CUSTOMER decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions of Sale.
7.3.Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the VENDER in order to pay the order by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money due by the CUSTOMER would prove impossible, the order would be cancelled and the sale automatically terminated.
ARTICLE 8. EVIDENCE AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order in excess of 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.
The VENDER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the VENDER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF PROPERTY
The SELLER remains the owner of the products delivered until they are fully paid by the CUSTOMER.
The above provisions shall not preclude the transfer to the CUSTOMER, at the time of receipt by the CUSTOMER, or by a third party designated by the CUSTOMER other than the carrier, of the risk of loss or damage of the Products subject to retention of title, and of the risk of damage that may result.
ARTICLE 10. LIVRAISON
The terms and conditions for DELIVERY of PRODUCTS are set out in the "delivery policy" referred to in Appendix 2 present and accessible at the bottom of each SITE page via a hyperlink.
ARTICLE 11. PACKAGE
The PRODUCTS will be packaged in accordance with current transportation standards to ensure maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to meet the same standards when returning PRODUCTS under the conditions set out in Annex 1 – Cancellation Policy.
ARTICLE 12. GARANTIES
Apart from the commercial guarantees that the VENDEUR could offer for certain PRODUCTS, every Customer enjoys "legal" guarantees for all the PRODUCTS, which are detailed below, in accordance with article L.111-1 of the Consumer Code.
Article 12.1. Guarantee of conformity Article L. 217-4 of the Consumer Code: The seller shall deliver goods in conformity with the contract and shall reply to any defects in conformity existing at the time of issue. It shall also be liable for non-conformity resulting from the packaging, assembly instructions or installation where it has been placed under its responsibility by the contract or has been carried out under its responsibility". Article L.217-5 of the Consumer CodeThe property complies with the contract: 1° If it is suitable for the usual intended use of a similar property and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it presents the qualities which a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller". The VENDER is likely to respond to existing defects of conformity at issue and to non-conformity resulting from packaging, mounting instructions or installation when it has been loaded or carried out under its responsibility. Action resulting from non-compliance is prescribed by two (2) years from the date of issue of the PRODUCT<>(Article L.217-12 of the Consumer Code) In the event of a non-conformity, the CUSTOMER may request replacement or repair of the PRODUCT at his/her discretion. However, if the cost of choosing the CUSTOMER is clearly disproportionate to the other possible option, taking into account the value of the PRODUCT or the size of the defect, the CUSTOMER may make a refund without following the option chosen by the Customer. In the event that replacement or repair would be impossible, the VENDER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Vanille LAVANY - 14, rue Alan Turing - 81000 ALBI - France. Finally, the CUSTOMER is exempt from reporting proof of the non-conformity of the PRODUCT during the twenty-four (24) months following the issue of the PRODUCT except for used goods for which this period is set at six (6) months. (Article L. 217-7 of the Consumer Code). It is specified that this legal guarantee of conformity applies irrespective of the commercial guarantee granted, if any, on the PRODUCTS.
The VENDER is bound by the guarantee because of the hidden defects of the PRODUCT sold which make it unfit for use to which it is intended, or which reduce such use so much that the CUSTOMER would not have acquired it, or would have given only a lesser price, had he known them.(Article 1641 of the Civil Code) This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of part of its price if the PRODUCT is not returned. If replacement or repair is not possible, the VENDER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Vanille LAVANY -14, rue Alan Turing - 81000 ALBI - France. The action resulting from repudiatory defects shall be brought by the CUSTOMER within two (2) years of the discovery of the vice.(Article 1648 (1) of the Civil Code) |
ARTICLE 13. LIABILITY
The responsibility of the VENDER shall in no case be incurred in the event of failure to perform or breach the contractual obligations attributable to the CUSTOMER, in particular when the order is seized.
The VENDER shall not be held liable, or considered to have failed, for any delay or non-execution, where the cause of the delay or non-execution is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is also specified that the VENDOR does not control websites that are directly or indirectly linked to the SITE. Accordingly, it excludes any liability for the information published in it. Links to third-party websites are provided only for information purposes and there is no guarantee of their content.
ARTICLE 14. MAJOR FORCE
The responsibility of the VENDER may not be implemented if the failure or delay in the performance of any of its obligations described in these Terms of Reference results from a case of force majeure.
There is force majeure in contractual matters where an event beyond the control of the debtor, which could not reasonably be expected at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation shall be suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions laid down in articles 1351 and 1351-1 of the Civil Code.
As such, the responsibility of the VENDER may not be incurred in particular in the event of attacks on computer hackers, the unavailability of equipment, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, as well as in the event of any circumstance or event outside the VENDER's control occurring after the conclusion of the GTCs and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim any compensation and may not bring any action against the VENDER.
In the event of any of the above events, the VENDER shall endeavour to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The VENDER collects personal data on the SITE concerning its CLIENTS, including through cookies. CLIENTS can disable cookies by following the instructions provided by their browser.
The data collected by the VENDER shall be used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has specifically chosen this option, send it commercial prospecting letters, newsletters, promotional offers and/or special sales information, unless the CUSTOMER no longer wishes to receive such communications from the VENDER.
The data of the CUSTOMER shall be kept confidential by the VENDER for the purposes of the contract, its performance and in compliance with the law.
CLIENTS may at any time unsubscribe by accessing their account or clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the VENDER service providers involved in the ordering process. For commercial purposes, the VENDER may transfer to its trading partners the names and contact details of its CLIENTS, provided that they have expressly given their prior consent when registering on the SITE.
The VENDER will specifically ask CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SELLER. The VENDER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Law No 78-17 of 6 January 1978 on the computerisation of files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the VENDER shall ensure the implementation of the rights of the data subjects.
It is recalled that the CUSTOMER whose personal data are processed enjoys the rights of access, rectification, updating, portability and erasure of the information relating to him, in accordance with the provisions of Articles 39 and 40 of the Amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him, without cause and without charge.
The CUSTOMER may exercise these rights by sending an e-mail to: contact@vanillelavany.com or by sending a letter to: Vanille LAVANY -14, rue Alan Turing - 81000 ALBI - France.
It is specified that the CUSTOMER must be able to justify his identity, either by scanning an identity document or by sending the SELLER a photocopy of his/her identity document.
ARTICLE 16. CLAIMS
The VENDER makes available to the CLIENT a "Customer Telephone Service" at the following number: +33-05 63 47 77 68 (not overtaxed number). Any written complaint from the CUSTOMER should be forwarded to the following address: Vanille LAVANY -14, rue Alan Turing - 81000 ALBI - France.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the VENDOR. Anyone who publishes a website and wishes to create a direct hyperlink to the SITE must apply for permission from the SELLER in writing.
In no case shall such authorisation of the VENDER be granted definitively. This link should be deleted at the request of the VENDER. Hypertext links to the SITE that use techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any method whatsoever, without the express prior authorization of the Seller, is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.
The acceptance of these Terms of Reference shall be deemed to be recognition by the CUSTOMER of the intellectual property rights of the VENDER and a commitment to respect them.
ARTICLE 18. VALIDITY OF GENERAL VENT CONDITIONS (GTC)
Any amendment of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions of Sale shall not affect the validity of these General Conditions of Sale. Such a change or decision does not authorize CLIENTS to ignore these General Conditions of Sale.
Any conditions not expressly dealt with herein shall be governed in accordance with the practice of the trade sector to professionals, for companies whose head office is in France.
Article 19. AMENDMENT OF GENERAL SALE CONDITIONS (GTC)
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions of Sale are accurately dated and may be modified and updated by the VENDOR at any time. The applicable General Conditions of Sale are those in force at the time of the order.
The amendments to the General Conditions of Sale will not apply to products already purchased.
Article 20. COMPETENCE AND APPLICABLE LAW
THE GENERAL CONDITIONS FOR SALES THAT RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE REGISTERED BY FRENCH LAW
Any dispute relating to the present sale, even in the event of a claim for security or a plurality of defendants, will in the absence of an amicable agreement be subject to the exclusive jurisdiction of the Commercial Court of Albi - France.
However, prior to any recourse to the arbitral judge or State, the Customer is invited to contact the claim department of the VENDOR.
If no agreement is reached or the CUSTOMER justifies having tried, in advance, to resolve its dispute directly with the VENDER by means of a written complaint, an optional mediation procedure shall then be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement when any dispute relating to this contract arises, including its validity.
To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Valeurs Graphiques who can be contacted via this link: info@valeurs-graphiques.fr
The party wishing to implement the mediation process shall inform the other party beforehand by registered letter with acknowledgement of receipt indicating the elements of the conflict.
As mediation is not mandatory, the CUSTOMER or SELLER may withdraw from the process at any time.
IN HYPOTHESIS OR MEDIATION SHALL OR SHALL NOT BE ENVISAGED, THE LITIGE MAY BE SENT TO A MEDIAATION WILL BE CONFECT WITH THE COMPETENT JURISDICTION DESIGNATED HERE.
APPENDIX 1
RETRACTATION POLICY
Principle of withdrawal
The CUSTOMER has as a matter of principle the right to withdraw by returning or returning the PRODUCT to the SELLER.
For this purpose, the PRODUCT must be returned or returned without undue delay, and at the latest in two (2) days following the communication of its decision to retract, unless the VENDER proposes to recover the PRODUCT itself.
Time limit for withdrawal
In accordance witharticle L.221-18-8-4° of the Consumer Code which provides that "The right of withdrawal cannot be exercised for contracts (...)4° Supplies of goods likely to deteriorate or perish rapidly (...)", the withdrawal period expires two (2) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
The provision provided for by thearticle L121-21-8-5° also providing for an exclusion from the right of withdrawal for (...) supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
In the event that the CUSTOMER has ordered several PRODUCTS through a single order giving rise to multiple DELIVERY (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire two (2) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last delivered PRODUCT.
If the CUSTOMER's order is for more than one Product and these Products are delivered separately, the withdrawal period shall expire two (2) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
In order to exercise its right of withdrawal and in accordance with Article L.221-21-8-4° of the Consumer Code, the CUSTOMER must notify its decision to withdraw by means of an unambiguous declaration (e.g. letter sent by post, fax or e-mail) to:
Vanille LAVANY - 14, rue Alan Turing - 81000 ALBI - France or contact@vanillelavany.com
He may also use the form below:
RETRACTATION FORM To the attention of: Vanille LAVANY - LALINE SAVEURS SELLER Telephone Number: + 33-05 63 47 77 68 Sender's e-mail address: contact@vanillelavany.com I hereby notify you of my withdrawal from the contract for the sale of the following PRODUCT: PRODUCT Reference: Invoice number: Order form number: - Ordered [________________] /received on [________________] - Payment method used: - Name of CUSTOMER and, if applicable, of the recipient of the order: - Address of CUSTOMER: - Delivery address: - Signature of CUSTOMER (except in the case of e-mail transmission) - Date |
In order for the withdrawal period to be respected, the CUSTOMER must transmit its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the VENDER undertakes to reimburse all amounts paid, including delivery costs (with the exception of any additional costs arising from the choice by the CUSTOMER of a method of delivery other than the standard delivery method proposed by the VENDER) without undue delay and, in any event, at the latesttwo (2) days from the day the SOLDER receives the returned PRODUCT. (Article L.221-24 of the Consumer Code).
The VENDER will make the repayment using the same means of payment as the CUSTOMER will have used for the initial transaction, unless the CUSTOMER expressly agrees with a different means of payment, in any event this reimbursement will not incur any costs for the CUSTOMER.
The VENDER is not required to reimburse the additional costs if the CUSTOMER has specifically chosen a method of delivery that is more expensive than the standard delivery method proposed by the VENDER.
The VENDER may defer the refund until receipt of the property or until the CUSTOMER has provided proof of dispatch of the property, the date the first of these facts.
Method of return
The CUSTOMER shall, without undue delay and in any event no later than two (2) days after communication of its decision to withdraw from this contract, return the property to:
Vanille LAVANY - 14, rue Alan Turing - 81000 ALBI - France.
This time limit shall be deemed to be met if the CUSTOMER returns the property before the expiry of the time limit for two (2) days.
Return costs
The CUSTOMER will be responsible for the direct costs of returning the property.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT through the Post Office, the CUSTOMER shall bear the direct costs of returning the property.
State of returned property
The PRODUCT shall be returned in accordance with the instructions of the SELLER and shall include in particular all accessories delivered.
The liability of the CUSTOMER shall be incurred only in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but its liability may be incurred if it performs manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- - Provision of goods or services whose price depends on fluctuations in the financial market
- - Supply of goods manufactured according to CUSTOMER specifications or clearly customized
- - Provision of goods likely to deteriorate or perish rapidly
- - Provision of audio or video recordings or sealed software that were unsealed after delivery
- - Journal, periodical, magazine (except subscription contract)
- - Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering or services related to leisure activities if the offer provides for a specific date or period of execution
- - Supply of goods which by their nature are inextricably mixed with other articles
- - Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after Delivery
- - The supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the real value of which depends on the fluctuation in the market beyond the control of the VENDOR
- - Provision of digital content not supplied dematerialised if the performance started with the express prior consent of the consumer, who also acknowledged that he would thereby lose his right of withdrawal
- - contracts concluded at a public auction
APPENDIX 2
DELIVERY POLICY
Delivery area
The proposed PRODUCTS can only be delivered to the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
Products are shipped to the delivery address(s) that the CUSTOMER will have indicated during the order process.
Shipping time
The time limits for preparing an order and then drawing up the invoice, before shipping the products in stock are mentioned on the SITE. Such time limits shall be excluding weekends or holidays.
An e-mail message will be automatically sent to the CUSTOMER at the time of shipment, provided that the e-mail address on the registration form is correct.
Delivery time & costs
During the ordering process, the VENDOR will inform the CLIENT of possible shipping times and formulas for purchased PRODUCTS.
Shipping costs are calculated according to the mode of delivery.
The amount of these costs will be due by the CUSTOMER in addition to the price of the purchased PRODUCTS.
Details of delivery times and costs are detailed on the SITE.
In the absence of an indication or agreement as to the date of delivery, the SELLER shall deliver the PRODUCT without undue delay and not later than thirty (30) days after the conclusion of the contract.(Article L.216-1 of the Consumer Code).
Delivery Terms
The package will be delivered to the CUSTOMER upon signature and presentation of an identity document.
In case of absence, a notice of passage will be left to the CUSTOMER, to allow him to pick up his parcel from his post office.
Delivery Problems
The CUSTOMER shall be informed of the date of delivery fixed at the time when he chooses the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must order the VENDER to deliver within a reasonable time and in case of non-delivery within that time, he may terminate the contract.
The VENDER shall, without undue delay from the date of receipt of the termination letter, reimburse the CUSTOMER for the total amount paid for the products, taxes and delivery costs included, using the same method of payment as the CUSTOMER used to purchase the products.
The VENDOR is responsible until the product is delivered to the CUSTOMER. It is recalled that the CUSTOMER has three (3) days to notify the carrier of any partial damage or loss found during delivery.
Update of the General Conditions of Sale : January 13, 2025 - © VANILLE LAVANY - SARL LALINE SAVEURS