ARTICLE 1: GENERAL PRINCIPLES
1.1 PURPOSE – SCOPE OF APPLICATION
These general terms and conditions of sale (“GTCS”) apply to all sales made by the Vinovya brand of the company OCEANOX registered in the Nantes Trade and Companies Register under the number 409 468 097, whose registered office is located at ZI le Chaffault – 5 rue de l’Aéronautique 44340
BOUGUENAIS (hereinafter referred to as “the Seller”) with an Internet user customer (“the Customer”) through the Internet site www.vinovya.fr (hereinafter referred to as “the Site”).
1.2 ACCEPTANCE OF GTCS
The placing of an order implies prior acceptance of these conditions by the Customer. To show this acceptance, the Customer must – prior to finalizing his order – tick a validation box provided for this
purpose and click on the “Validate my order” button. As a result of these two actions, the Customer:
– declares and acknowledges having a perfect knowledge of the present conditions,
– expressly accepts these conditions.
No order may be placed on the Site without this prior acceptance.
ARTICLE 2: SCOPE OF THE OFFER FOR SALE
2.1
The offer of sale proposed on the Site is exclusively intended for :
– to the territory of Metropolitan France as well as to all European countries in which the Seller offers the delivery of products (see list of countries – article 10). For any request outside this territory, the Customer is invited to contact the Vendor’s customer service department.
– and to natural persons having the capacity to contract and acting in the context of a non-professional activity.
By placing an order, the Customer declares that he fulfills these conditions and in particular that he is not making purchases on the Site with the aim of reselling them in the usual way or in the context of professional activity.
2.2
The offer appearing on the Site as well as the present general conditions are available in French and English.
ARTICLE 3: CUSTOMER IDENTIFICATION AND REGISTRATION
3.1
To place an order on the Site, the Customer must first identify himself by filling in the registration form provided for this purpose.
The information given by the Customer must be accurate, complete, and updated as soon as possible. In particular, the Customer must ensure the validity and updating of the e-mail address he provides when registering: this address is in fact considered as a personal address to which all messages sent
by the Seller will be addressed and will also be used as the Customer’s connection ID on the Site.
3.2
When registering, the Customer is assigned a User ID and an associated Password and may change these at any time using the procedure provided for this purpose on the Site.
The Customer will only be able to place orders on the Site using his Identifier and Password.
The Username and Password are strictly personal and confidential: the Customer shall refrain from disclosing them to a third party or from transferring them.
Any order placed using this Username and Password will be deemed to have been made by the Customer and will, therefore, engage the Customer in respect of the Seller. It is up to the Customer to immediately inform the Seller in writing of any use of his Identifier and Password made without his knowledge and of which he is aware.
3.3
At the end of the registration procedure, the Seller shall immediately send a message to the e-mail address provided by the Customer confirming his registration request.
ARTICLE 4: PRODUCTS
4.1 DESCRIPTION OF CHARACTERISTICS
In accordance with Article L 111-1 of the French Consumer Code, the Customer may, prior to placing an order, familiarise himself with the characteristics of the products he wishes to order. The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products are presented on the Site. The Customer must refer to the description of each product in order to know the essential properties and particularities of each product.
For any question or clarification regarding the characteristics of the products, the Customer may also contact the Seller's customer service department.
The products sold by the Site are identified by one or more photos, a descriptive text and a price including all taxes in euros. The photographs appearing on the site are intended to be as faithful as possible to the products sold, but the colors and details reproduced may vary, depending in particular on the quality of the medium and browser used, and the display resolution.
ARTICLE 5: ORDERING
5.1
The ordering procedure on the Site is carried out according to the following steps:
– The Customer selects the desired products and quantities, then validates his basket. He can check the selected products at any time by consulting the “My Basket” function.
– The Customer identifies himself by using his login details – or if he is not already registered – by using the registration form (see article 3).
– The Customer chooses the desired delivery method from among the delivery methods offered on the Site and is then informed of the delivery charges applicable to the order.
– A summary of the contents of the order and its amount is presented to the Customer for validation. The Customer then has the option to modify his order in whole or in part, in particular with regard to the products selected, the billing and/or delivery address and the method of payment. In this case, a new order summary is submitted to the Customer.
– Before validating the order, the Customer reads the present general sales conditions appearing on the Site and indicates his acceptance by ticking the box provided for this purpose.
– The Customer chooses the desired method of payment from among the methods of payment offered on the Site, then if necessary proceeds online – depending on the method of payment chosen – to pay the price.
– The Customer confirms his payment commitment by clicking on the “Confirm Payment” button.
– Upon receipt of this order, the Vendor carries out the checks prior to the validation by the Vendor of the order and in particular the effectiveness of the payment of the order.
– The order thus checked will be followed by a confirmation e-mail – which materializes the registration by the Seller of the order – recalling the contents of the order as well as – if applicable – the conditions, deadlines and modalities of the right of withdrawal and the methods of reimbursement (see Article 12).
In the event of payment by bank transfer, the Customer has 7 days following his order to make his transfer to the Vendor. Beyond these 7 days, the order will be automatically canceled.
5.2
The Seller reserves the right not to proceed with the order placed by the Customer, in particular:
– In the event of order(s) exceeding, by their content or frequency, the needs of an individual and more generally in the event of an abnormal request or bad faith on the part of the Customer.
– In the event of information from the banking organization in charge of the Vendor’s management of the payment of the order indicating the impossibility of implementing the payment method used to pay for the order.
– And more generally in the case of legitimate reason as provided for in Article L 121-11 of the Consumer Code. In case of impossibility to execute the order placed by the Customer, the Seller will send an informative e-mail to the Customer.
5.3
The offers and prices appearing on the Site are valid as long as they remain visible on the Site, within the limits of available stocks.
Indications concerning the availability of products are provided by the Seller to the Customer when the Customer places the order, in accordance with the information communicated to the Seller by the suppliers. Despite the assurances given by the Vendor to the suppliers concerning the availability
of products, if the unavailability of a product is noted after validation of the order by the Customer, the Vendor shall inform the Customer. In such circumstances, the unavailable items in the order will be automatically canceled and the Customer will be reimbursed for the unavailable products by the Vendor if the Customer’s bank account has been debited.
In the context of payment by the Customer by credit card, the refund is made by crediting the Customer´s bank account and is made within 14 days.
ARTICLE 6: PRODUCT PRICES
6.1
The prices displayed on the site are indicated in euros (€) including all French taxes (VAT and all other applicable taxes). These prices do not include shipping costs, which will be invoiced in addition according to the shipping rate.
The Customer will be informed of the delivery charges applicable to his order before the final validation of his order and payment of the price.
6.2
The Seller reserves the right to modify its prices at any time, and more generally its conditions of sale. The price and conditions applicable to the order are those in force when the Customer validates the order.
ARTICLE 7: PAYMENT
Payment for purchases on the Site can be made in accordance with the following terms and conditions:
– By credit card: Visa, MasterCard, other credit cards or other payment cards indicated on the site (entry secured by SSL encryption). The card is debited only at the time of the physical preparation of the order.
– During payment, the Customer is automatically redirected to the site of the Vendor´s banking partner. The latter therefore never has access to the Customer’s banking data: it is only informed by the banking partner of the correct transaction of the payment.
For payment by credit card, the Site allows the use of the following systems:
◦ The 3DSecure system, a program created by Visa and Mastercard to enhance the security of online payments,
– By Bank Transfer: To do this, the customer must indicate in the wording of the transfer the number of his order automatically generated by the site, once the order has been validated. The visualization of the payment of the order on our bank account gives place to the launching of the preparation of the order and its expedition.
The transfer must be made to the following bank details:
Domiciliation: CIC NANTES LOIRE ENTREPRISES
Bank code: 30047
Counter code: 14121
Account number: 00020134909
RIB key: 29
IBAN: FR76 3004 7141 2100 0201 3490 929
BIC: CMCIFRPP
ARTICLE 8: TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
The products subject to the order remain the property of the Seller until full payment of the price. This principle does not prevent the Customer from transferring to the Customer the risks of loss or deterioration of the products subject to retention of title as well as any damage they may suffer or cause.
ARTICLE 9: ANTI-FRAUD CONTROL
9.1
In order to optimize the security of payments, or in case of risk of fraud, for any order an additional proof may be requested to verify the identity of the holder of the credit card or check (photocopy of national identity card or photocopy of passport …).
In addition, for an order with a delivery address different from the billing address, the Seller reserves the right to contact the two persons mentioned (person mentioned at the billing address as well as the one mentioned at the delivery address).
Within the framework of these procedures, the Vendor or any person appointed by it, also reserves the right to request from the Customer the documents necessary for the execution of the order: proof of address and name of the Customer but also those of the person indicated for delivery. These requests shall be made by e-mail and/or by post with acknowledgment of receipt.
9.2
The Seller reserves the right to cancel or suspend any order or delivery in the event of non-payment by the Customer, in the event of a payment incident, or in the event of attempted fraud or fraud relating to the use of the Website.
ARTICLE 10: DELIVERY
10.1 PROPOSED MODES OF DELIVERY
– By Colissimo to the address of your choice with an average delivery time of 48 hours. Each parcel sent by Colissimo has a tracking number accessible in the dispatch confirmation email and in the order tracking. Armed with this number, the Customer can track his package on the order tracking or on the website http://www.coliposte.net.
– In a parcel relay: at a shop or at a post office counter. The average delivery time is 72 hours. The parcel has a traceability number accessible in the email confirmation of shipment and in the order tracking from the Customer’s account. Armed with this number, the Customer can track his order.
– By courier: if the package is too large, it will be delivered by courier to the Customer’s delivery address.
10.2 DELIVERY TIME
The delivery time is specified when the order is placed. Delivery times apply in working days:
Saturdays, Sundays and public holidays not included. They depend on the delivery method chosen.
In accordance with the legal provisions (article L216-2 of the French Consumer Code), in the event of late delivery, the Customer may cancel his order by registered letter with acknowledgment of receipt or by writing on another durable medium if, after having enjoined, according to the same terms, the Seller to make delivery within a reasonable additional period, the latter has not done so within this period. The order shall be deemed canceled upon receipt by the professional of the letter or writing informing him of such cancellation unless the Seller has performed in the meantime.
The sums paid by the Customer shall then be returned to him at the latest within fourteen days following the date of cancellation of the order.
10.3 DELIVERY COSTS
Shipping costs are variable. They are automatically calculated according to the amount of the customer’s order, his address; the country of delivery and the carrier chosen by the customer.
Delivery costs are free from 50€ of purchase for all orders shipped to metropolitan France and Belgium.
ARTICLE 11: RIGHT OF RETRACTION
The Customer has a right of withdrawal in accordance with the provisions of Article L221-18 and following of the Consumer Code allowing him to cancel the order without having to justify the reasons or pay a penalty.
11.1 DELAY
The Customer has a period of fourteen days to exercise his right of retraction without having to justify his decision.
The fourteen-day period starts on the day of :
– The conclusion of the contract for contracts for the provision of services
– The receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
It is specified that :
– The day on which the contract is concluded or the day on which the goods are received is not counted within the period mentioned in article 221-18;
– The period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;
– If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the time limit shall run from receipt of the last good or lot or the last part.
11.2 PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL
In order to exercise its right of withdrawal, the Customer shall inform the Seller of its decision to withdraw by sending the withdrawal form or any other unambiguous statement expressing the Customer’s wish to withdraw before the expiry of the 14-day period mentioned below.
The Customer may exercise his right of withdrawal by using the form below :
Withdrawal form
APPENDIX TO ARTICLE R. 221-1 of the Consumer Code
SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of :
VINOVYA – Customer Service – ZI Le Chaffault – 5 rue de l’Aéronautique 44340 BOUGUENAIS – FRANCE
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:
The Customer shall return or restitute the goods to the Seller at the latest within fourteen days of communication of his decision to withdraw unless the Seller offers to collect the goods himself. The products to be returned must be sent to the following address: Vinovya, Service Returns – ZI le
Chaffault – 5 rue de l’Aéronautique 44340 BOUGUENAIS – FRANCE.
11.3 RETURN COSTS / DIRECT RETURN COSTS
The Customer shall bear the direct costs of returning the goods.
11.4 REIMBURSEMENT
The Seller shall reimburse all sums paid, including delivery costs, within fourteen days at the latest from the date on which it is informed of the Customer’s decision to withdraw. However, the Seller may defer reimbursement until the day the products are collected or until the Customer provides proof of shipment of the products concerned.
Unless it offers to recover the goods itself, the Seller may defer reimbursement until the goods are recovered or until the Customer has provided proof of shipment of the goods, whichever is earlier.
The Seller shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer has expressly agreed to use another means of payment and insofar as the refund does not entail any costs for the Customer.
The Seller shall not be obliged to reimburse additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by the Seller.
11.5 EXCLUSION OF THE RIGHT OF CANCELLATION
Under Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– The supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express renunciation of his right of withdrawal ;
– Supply of goods made to the consumer's specifications or clearly personalised;
– Supply of goods which are liable to deteriorate or expire rapidly;
– Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– Supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
– Supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
– Supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
– Supply of accommodation services, other than residential accommodation, transport services for the carriage of goods, car rental, restaurant or leisure activities which are to be supplied on a specific date or within a specific period
– the supply of digital content not supplied on a physical medium where performance has begun after the consumer’s prior express agreement and express renunciation of the right of withdrawal.
ARTICLE 12: SATISFIED OR REIMBURSED OR EXCHANGED
Without prejudice to the right of retraction which he has (see above), the Customer can exchange or be refunded the products delivered within 30 days from receipt of his order.
Only products returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale will be taken back. Otherwise, the products will not be refunded, taken back or exchanged.
For the reimbursement of expenses, the provisions mentioned in the following articles will be applied.
ARTICLE 13: PRODUCT GUARANTEES
13.1 LEGAL GUARANTEES
The products offered for sale benefit from the legal guarantee of conformity (articles L.211-4 followed by the consumer code) and the legal guarantee against hidden defects (article 1641 of the civil code) allowing the Customer to return defective or non-compliant products delivered under the conditions provided for by law.
These legal guarantees apply independently of any commercial guarantee granted to the Customer. When the Customer acts as a legal guarantee of conformity, he:
– benefits from a period of two (2) years from the delivery of the Product to take action against the Seller;
– may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code ;
– is exempt from having to provide proof of the existence of the Product's lack of conformity during the six (6) months following delivery of the Product. This period is extended to twenty-four (24) months from 18 March 2016, except for second-hand goods.
Reproduction of legal provisions in accordance with Article L. 217-15 of the French Consumer Code:
Article L217-4 of the Consumer Code: “The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been placed at his expense by the contract or has been carried out under his responsibility.”
Article L217-5 of the Consumer Code: “The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate:
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable
for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.”
Article L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed with the repair if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed,
unless it is impossible, according to the method not chosen by the buyer.”
Article L217-12 of the French Consumer Code: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.”
Article L217-16 of the French Consumer Code: “When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least 7 days is added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair if this availability is subsequent to the request for intervention.”
Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it if he had
known about them.”
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
Note: In the event that amicable solutions are sought prior to any legal action, it is recalled that they do not interrupt the time limits for the action of the legal guarantees nor the duration of the contractual guarantee developed below.
13.2 CONTRACTUAL COMMERCIAL GUARANTEES
Independently of the legal guarantees developed above, the Customer may also, if necessary, depending on the product purchased, benefit from an additional commercial guarantee.
13.3 WARRANTY EXCLUSIONS
The customer will not be able to take advantage of any legal guarantee if the damage results from abnormal use of the product by the aforementioned customer.
No warranty will also apply if the product has been modified or repaired without Vinovya’s authorization.
ARTICLE 14: CUSTOMER SERVICE
For any information or question relating to an order or our services, our customer service is available to our customers at: 02 40 04 02 05
The Customer can also contact us by email: contact@vinovya.fr. as well as by mail at the following address:
Vinovya, Customer Service
ZI le Chaffault
5 rue de l’Aéronautique
44340 BOUGUENAIS – FRANCE
ARTICLE 15: LIABILITY
In accordance with the regulations in force, the Seller shall not be liable in the event of non- performance of the order attributable to the Customer, to the unforeseeable and insurmountable act of a third party, or to a case of force majeure.
ARTICLE 16: ELECTRONIC PROOF – ARCHIVING
Unless proven otherwise, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Vendor through the Site.
In accordance with Article L.123-22 of the French Consumer Code, the Seller shall, for any order for an amount greater than €120, archive the sales contract concluded with the Customer for a period of 10 years.
The following are thus kept: the details of the order, the description of the products ordered, the general terms and conditions of sale in force on the day of the order, the elements provided by the Customer for the order.
The Customer may access the electronic contract thus archived and for this purpose may send its request to the Vendor by e-mail or by post. In order to facilitate the processing of his request, the Customer is recommended to contact Customer Service by providing the order number and his contact details.
ARTICLE 17: PROTECTION OF PERSONAL DATA
The Seller is involved in the protection of personal data and undertakes to ensure the best level of protection of personal data in accordance with the French Data Protection Act and the European regulations on the protection of personal data.
17.1 DATA PROCESSING BY THE SELLER
Vinovya, ZI le Chaffault – 5 rue de l’Aéronautique 44340 Bouguenais, responsible for processing and collecting your personal data.
This data is collected to create, manage your account, manage your orders, measure your satisfaction.
In accordance with French and European regulations, you have the right to access, rectify, erase, portability of data concerning you. You also have the right to limitation, opposition to processing and the right to define the fate of your data after death. To exercise these rights, simply send a letter to Vinovya, ZI du Chauffault, 5 rue de l’Aéronautique, 44340 Bouguenais. If you feel, after contacting us, that your rights to your data are not being respected, you can lodge a complaint with the CNIL. If you are concerned by telephone canvassing, you can oppose the use of your telephone number by registering free of charge on the site www.bloctel.fr.
We apply principles that respect the data of our customers and ensure compliance with the regulations resulting from the Data Protection Act and the European Regulation known as RGPD.
Thus in particular:
– No data is marketed or resold to a third party.
– The data is collected only for specific purposes which all have the common goal of providing you with our products and services in a constant concern to improve our offer and satisfy you.
– We only collect data that is necessary for the purpose for which it is collected.
– We do not carry out any canvassing by telephone or mail.
– We do not send any commercial solicitation by e-mail without your consent.
– We let you manage your data freely through your Vinovya account: at any time you can update it, manage your privacy settings, accept or decline cookies, subscribe, or unsubscribe from our newsletters…
– We take care to respect your rights and answer all your questions about your data.
ARTICLE 18: INFORMATION – CONTACT – COMPLAINTS
For any information, request for information or complaint, the Customer may contact the Seller as follows:
– by registered letter with acknowledgment of receipt to the following address:
Vinovya – Customer Service
ZI le Chaffault
5 rue de l’Aéronautique
44340 BOUGUENAIS – France
– by email: contact@vinovya.fr
– by telephone to the following number (cost of a local call from a fixed line in metropolitan France): 02 40 04 02 05. This number can be reached from 9 am to 12 pm and from 1 pm to 5 pm from Monday to Friday, excluding public holidays in mainland France.
ARTICLE 19: APPLICABLE LAW – DISPUTES – COMPLAINTS – MEDIATION
19.1
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations, referred to therein, are subject to the rules of French law. In the event of a dispute, the French courts shall have sole jurisdiction.