The website www.valetdepique.fr is published by Valet de pique registered in the register of commerce and companies of Paris, SIREN 853212652, having its headquarters at 90 rue des entrepreneurs, 75015 Paris.
The director of the publication is Martin Meunier.
Valet de pique is a company of remote sale on general catalog.
The site is hosted by the company OVH.
For any complaint or correspondence, thank you to refer to the section "contactValet de pique records information provided by our customers for the processing of their request for support.
This information is necessary for our company to process your request.
They are recorded in our customer file. In accordance with Articles 39 and following of Law No. 78-17 of January 6, 1978 amended in 2004 relating to data, files and freedoms, any person may obtain communication and, where appropriate, correction or deletion of information about it, by contacting the customer service of Valet de pique.
GENERAL CONDITIONS OF SALE
The present general conditions of online sale (the "General Conditions") apply to the sale by the company Martin Meunier (the "Seller") via the website valetdepique.fr (the "Website") to any natural person (the "Customer") of any product offered on the Website (the "Products") and purchased on the Website (the "Sale").
Seller and Customer are collectively referred to as the parties (the "Parties"), and individually referred to as a party (a "Party").
Customer must read and understand these Terms and Conditions before proceeding with the Sale. If Buyer does not understand or does not wish to accept any provision, it should discuss the matter with a representative of Seller.
These Terms and Conditions define the rights and obligations of Customer and Seller. They shall apply automatically and without restriction to the sale of any Product by Seller to Customer and shall be deemed to have been accepted without reservation by Customer by checking the box "I have read and accept the terms and conditions of sale" when validating the order or pre-order. Any confirmation of the Customer's order or pre-order shall constitute acceptance of the General Conditions, without exception.
The Seller reserves the right to modify at any time the present General Conditions. They shall then be applicable as soon as they are posted on the Web Site.
I. SALE OF PRODUCTS
The Seller undertakes to sell the Products to the Customer, and the Customer undertakes to purchase the Products from the Seller, subject to the terms and conditions set forth in these General Conditions.
The Products are offered for sale in metropolitan France.
The purchase price of each Product is indicated in euros, including all taxes and excluding shipping costs (the "Purchase Price").
The delivery price is the price to be paid for the delivery of each Sale (the "Delivery Price").
The total amount of the Sale is the final price in euros, including all taxes and delivery charges (the "Total Price"). It is indicated during the validation of the Order or Pre-order and in the Confirmation Email (as defined below).
3. ORDER AND PRE-ORDER
The order or pre-order is placed with the Seller by the Customer upon selection of one or more Products which, in accordance with the selection, the Customer places in his "basket" (the "Order" or "Pre-order").
Part of the Web Site operates on a pre-order system. By placing a Pre-Order, the Customer acknowledges that if the Pre-Order target, defined as the number of Pre-Order orders that must be validated in order for production to be launched (mentioned on the Pre-Order product sheet), is not reached by the end of the Pre-Order deadline, the Customer will be reimbursed for the entirety of his/her purchase, and production of the Pre-Ordered item will not be launched. If the Customer wishes to be reimbursed for a pre-ordered or in-stock order and requests it, the reimbursement procedure will be initiated immediately after receipt of the returned item. Any order or pre-order (hereinafter the "Orders" or "Pre-orders") of Products on the Web Site implies the prior consultation of these general terms and conditions (the "GTC") and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges that he/she is fully aware of the fact that his/her agreement concerning the content of these GTC does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Website's store. The Customer declares to have the capacity to conclude the present contract, i.e. to have the legal majority, eighteen (18) years, and not to be under guardianship. The parties agree that their relations will be exclusively governed by these GTC.
The Customer may access the summary of his or her shopping cart at any time before the Order or Pre-order has been definitively validated and may correct any errors in the information entered.
The Order or the Pre-order shall be validated only after the Customer has provided the information required for the proper execution of the Sale and paid the Total Price. This information may include: Customer's name, billing address, e-mail address, telephone number, delivery address and recipient's telephone number.
In the case of a Pre-Order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code.
If the minimum objective of a Pre-order campaign is not reached, the Seller shall contact the Customer at the end of the campaign to announce its decision of refund or production.
In this case, the Seller shall refund the Customer within fourteen (14) days from the cancellation of the Pre-Order.
The Seller is not responsible for any inaccuracies in the order placed by the Customer.
The Customer guarantees the accuracy of all such information. Should any or all of the delivery addresses prove to be inaccurate, thereby requiring Seller to return the orders to its warehouse, Customer shall bear the consequences thereof and Seller shall be entitled to charge the administrative and shipping costs associated with returning the Products.
By validating the Order or the Pre-order, the Customer expressly accepts the present General Terms and Conditions of Sale, by checking the box "I have read and accept the General Terms and Conditions of Sale".
4. VALIDATION OF THE SALE
The Sale is completed after payment of the Total Price validating the Order.
The Sale shall be systematically confirmed by electronic mail (the "Confirmation Email") to the address indicated by the Customer when placing the Order. This Confirmation Email shall include an invoice in the Customer's name, summarizing the identifying features of the Sale.
The Customer shall ensure that the information contained in the Confirmation Email is complete and accurate and shall immediately inform the Seller of any errors.
The Seller reserves the right to refuse a Sale from a Customer with whom there is a dispute relating to the execution or payment of a previous Sale or where the Customer has failed to comply with these General Conditions.
The online payment of the Customer's Order or Pre-Order is made by credit card. The Customer shall pay for the Order online by providing his/her bank details (card number and validity date) and making a final click.
If the bank in question refuses the payment, the order is automatically cancelled.
Any Order or Pre-order confirmed by the Customer implies the irrevocable acceptance of the Sale which can only be called into question in the cases exhaustively provided for in Article 8 (Right of cancellation).
The Products shall be shipped once the Seller has received payment for the Order or when the Pre-ordered Products have been manufactured.
6. PRODUCT AVAILABILITY
Products are offered for purchase subject to availability.
Pre-order offers presented by the Seller are valid only within the time limit indicated and the quantity offered for pre-order.
In case of stock shortage after a Sale, the Seller shall inform the Customer by e-mail of the additional delay related to a new production, partial delivery or cancellation of the Sale.
Upon receipt of this information, the Customer may be reimbursed for the price of the unavailable Product ordered within thirty (30) days of his complaint.
In case of stock shortage, the Seller shall not be held responsible for the physical impossibility to honor the Sale.
Products marked "out of stock" can no longer be purchased.
Products are shipped once the Seller has received the full Price of the Products or when the pre-ordered Products have been manufactured.
The Products are delivered to the delivery address indicated during the validation of the Order or the Pre-order.
The delivery time depends on the state of the stock, the date of shipment of the Products and the delivery time induced by the delivery method and destination.
The Customer acknowledges that, in case of a Pre-order, the delivery time will be extended. The estimated delivery time is indicated on the product sheet at the time of purchase, and in the Order or Pre-order confirmation e-mail. The delivery time depends on the time required and the volume of production of all the pre-ordered products.
The Seller shall not be held responsible for the consequences due to a delay in delivery that is not of its making or that is due to an act of force majeure.
Delivery costs may vary depending on the destination and must be fully paid by the Customer.
For all Products shipped outside the European Union, the Customer will be considered the importer of the Products, and customs duties or other local taxes or import duties or state taxes may be due. These costs and expenses shall be borne by the Customer and shall be the sole responsibility of the Customer in terms of declarations and payments to the relevant authorities and organizations in the Customer's country.
Seller shall not be liable for any loss or damage suffered by Customer as a result of any unavoidable delay in the delivery of an order or pre-order. Seller is not responsible for any damage to an order or pre-order after delivery has been made.
8. RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 and following of the French Consumer Code, the Client has a period of 14 (fourteen) days from the date of receipt of the Products to exercise the right of withdrawal from the Sale.
This right does not apply to Orders or Pre-orders placed by companies but only to consumers as defined by French law.
In order to exercise its right of withdrawal, the Customer must inform the Seller within 14 (fourteen) days of receipt of the Products, by e-mail to email@example.com in accordance with the withdrawal form attached to these General Terms and Conditions, duly completed, or by a statement clearly expressing its intention to withdraw and including identification of the Products concerned.
Returned Products must be sent no later than 14 (fourteen) days after the Customer has given notice of his intention to withdraw. The Product must be returned in its original packaging, intact, with the labels still attached to the goods. Products returned without their original packaging or incomplete, damaged, soiled, repaired or modified by the Customer are not returnable and will not be refunded.
The Vendor shall reimburse the Customer upon receipt of the returned Products the full amount paid for the order or pre-order, after deduction of any return costs, which shall be borne by the Customer.
9. RISK AND TITLE
The Products shall remain the property of the Seller until full payment of the Total Price.
At the time of transfer of ownership, which takes place at the time of delivery of the Products provided that payment is complete, responsibility for the Product is transferred to the Customer.
Customer shall thereafter have absolute ownership of the Product, which is transferable without the need to obtain Seller's consent.
The risk of loss or deterioration of the Product shall pass to the Consumer upon delivery of the Product.
10. INTELLECTUAL PROPERTY
The Products may contain graphic, visual and textual elements and illustrations (the "Intellectual Property Rights"), all of which are protected by copyright, image rights, design rights or trademark rights, the holders or owners of which are either the Seller or third parties.
Wherever possible, the Seller shall identify the authors and/or owners of these intellectual property rights in the bibliography of the Product.
Under no circumstances shall the fact that the holder or author is not mentioned be considered as making the intellectual property rights free of exploitation. The rights of use, representation and reproduction of the Products continue to be held by the Seller or by the holders of the specified rights.
Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more Intellectual Property Rights and on any medium whatsoever, in part or in whole, may not be made without the prior written permission of the right holders.
11. LIABILITY AND WARRANTIES
All Products sold by the Seller have been manufactured with the utmost care. The Seller declines all responsibility for damages, in any form whatsoever, physical, material or immaterial, that may result from a malfunction or misuse of the items sold by the Seller and/or materials or accessories that have been removed.
In accordance with articles L.217-7 and following of the Consumer Code, the Customer may benefit from the legal guarantee of conformity.
If the Products are not in conformity (for example if they do not correspond to the description given on the site or to your order), the Customer can contact the Seller's customer service by email which will inform him of the return procedures. The product must be returned in its original packaging. It must be accompanied by a copy of the corresponding invoice. Returns of Products that do not comply with the conditions described above cannot be taken into account.
The Seller will then return the replacement Products to the Customer as soon as they are available. If Seller is unable to replace the non-conforming Products within thirty (30) days, it shall offer Customer the opportunity to select another product for an equivalent amount or Customer may request a full refund of the non-conforming Products or retain the non-conforming Products and request a reduction in price from Seller, which shall be determined on a case-by-case basis. The Customer is exempted from providing proof of the existence of the lack of conformity of the product during the 24 months following the delivery of the goods.
In the case of the exercise of the right of return and only in this case, the costs of return and reshipment are at the expense of the seller.
This legal guarantee of conformity applies independently of any commercial guarantee that may be subscribed. The Customer has a period of two years from the delivery of the Products to act.
The Seller shall only benefit from the guarantees listed in this clause insofar as the Products have been purchased directly from the Site.
The Seller makes every effort to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice. The content of the site has been compiled with the utmost care. However, the Seller cannot exclude the possibility of errors or gaps in the information contained on this site.
The Seller accepts no liability for the consequences of incorrect or incomplete information on the Site.
The Seller cannot be held responsible for any typing or printing errors that may result in an incorrect selling price. In this case, the Seller will adjust the price as soon as possible.
The actual color of the Products may differ from the colors displayed on computer monitors. The Seller cannot be held responsible for color variations due to the quality of computer monitors. The Web site may contain links to other Web sites and information operated and maintained by third parties. The Seller is not responsible for the access or content of these sites.
In all cases, the Seller shall not be liable if the non-performance of its obligations is attributable either to the Customer, or to an unforeseeable and insurmountable action of a third party to the contract, or to a case of force majeure as defined in Article 15 (Force majeure).
Likewise, the Seller shall not be held liable for any disruption or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
12. CUSTOMER SERVICES
For any question or claim concerning the Seller's Products or sales procedures, the Customer can contact the customer service by email at firstname.lastname@example.org. Seller will do its best to provide a prompt response.
13. DATA PROTECTION
Seller may create and maintain computer and paper records, collect, store, monitor, use and transmit personally identifiable information obtained from Customer when purchasing Products.
Customer agrees that such personal data may be used for promotions related to Seller and may be provided to any third party in a business similar to that of Seller.
If Customer wishes Seller to delete their information from Seller's files, Customer may request that Seller do so to the extent permitted by law.
14. CUSTOMER REPRESENTATIONS AND WARRANTIES
Buyer represents and warrants that:
- it is in compliance with all applicable laws and regulations;
- it is responsible for complying with the legislation applicable to it (including its tax and customs obligations);
- it has the capacity and authority (under the laws of its country of origin) to enter into and perform the transaction to which it will be a party;
- all information (including his or her identity and address) is true and correct and he or she agrees to promptly notify Seller of any changes.
15. FORCE MAJEURE
The Seller cannot be held responsible or considered to have committed a fault in the processing of the Customer's file, if any delay or non-performance results from a case of force majeure (such as war, strike (internal or at one of its service providers), lockout, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative control body, etc.)
Seller's failure or delay in exercising any right, power or privilege shall not impair or constitute a waiver of such right, power or privilege, or preclude the exercise of any other right, power or privilege, in whole or in part. The rights and remedies provided in these Terms and Conditions are cumulative and do not exclude any rights or remedies provided by law.
If any provision of these Terms and Conditions is prohibited by law or held by a court to be illegal, void or unenforceable, it shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective to the extent possible without affecting the remaining provisions of these Terms and Conditions and shall not affect any other circumstances or the validity or enforceability of these Terms and Conditions.
Headings are included for convenience only and do not affect the interpretation of these Terms and Conditions. The singular includes the plural and vice versa.
Any phrase introduced by the words "including", "include", "in particular" or any similar phrase shall be construed as illustrative and shall not limit the meaning of the words preceding such terms.
References to any document or agreement shall be construed as references to the document or agreement in effect at the time and as amended, modified, supplemented, substituted or notified from time to time.
18. APPLICABLE LAW AND JURISDICTION
Any contractual or non-contractual obligation arising out of or in connection with these Terms and Conditions and the Invoice shall be governed by and construed in accordance with the law of the country in which Seller is located. The exact location of Seller is indicated on the Invoice.
All disputes arising out of or in connection with the Sale (including, without limitation, the existence, validity, performance, termination and interpretation of these Terms and Conditions and the Invoice and any non-contractual obligations arising out of or in connection with the Sale) shall be subject to the jurisdiction of the country in which Seller is located. The exact location of Seller is indicated on the Invoice.
APPENDIX: WITHDRAWAL MODEL
Declaration of withdrawal from the contract:
- Address: [Name], whose registered office is [address], tel: [tel], e-mail: [email]
- I/We declare (*) that I/we terminate (*) the contract for the purchase of this product (*)/provision of these services (*).
- Date of order or pre-order(*)/date of receipt (*)
- Consumer's first and last name
- Consumer's address
- Consumer's signature (only if this form is sent in paper format)
- Date of order