TERMS AND CONDITIONS
ARTICLE 1 – Scope of application
The present Terms and Conditions apply, without restriction nor reserve to the sales concluded by the Company VERSEAU PARIS SAS (the ” Seller “) with consumers or non consumers or non-professional purchasers (the ” Customers ” or the ” Customer “), wishing to acquire the products offered for sale by the Seller (the ” Products ” on the website www.verseau.paris (the “Website”).
They specify in particular the conditions for order, payment, delivery and returns of the Products ordered by the Customers.
These Terms and Conditions may be supplemented by special terms and conditions set forth on the website prior to any transaction with the Customer.
The present Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
These Terms and Conditions may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in place on the Website at the date of placing the order.
The modifications of these Terms and Conditions are applicable to the users of the Website as of the date they are put online and cannot be applied to transactions previously concluded.
ARTICLE 2 – Products offered for sale
The Products offered for sale on the Website are the following: clothing, ready-to-wear accessories, shoes, textiles. The main characteristics of the Products and notably the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website.
The Customer is required to read them before placing an order. The choice and purchase of a product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website may include minor, non-substantial variations in the presentation of the Products and shall not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, the essential characteristics and delivery times, as well as, in case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and English, and is subject to confirmation at the latest at the time of the validation of the order by the Customer.
The Products presented on the Website are offered for sale in the following territories: France, the European Union, the United Kingdom, the United States of America and Canada.
In the event of an order from a country other than metropolitan France, the Customer is considered to be the importer of the Product(s). For all Products shipped outside the European Union and DOMTOM, the price will be calculated without taxes automatically on the invoice.
Local taxes or import duties or state taxes may apply. They are the sole responsibility of the Customer.
ARTICLE 3 – Duration of validity of the offer of Products
Products offered for sale are so only within the limit of stocks available, such as specified at the time when the order is placed.
ARTICLE 4 – Seller’s contact information
The contact information of the Seller are the following :
VERSEAU PARIS SAS a French “Société par Actions Simplifiée” with a capital of € 2,000 registered in the Commercial Register of Créteil under n° 904 154 655 whose office is at : 83 rue de Seine, 94140 ALFORTVILLE mail to: firstname.lastname@example.org
In accordance with the Data Protection Act of 6 January 1978, reinforced and completed by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition and deletion of all his personal data by writing, by mail and proving his identity, to the Seller’s address mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these Terms and Conditions. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Website.
ARTICLE 5 – Orders
Placing an order
It is up to the Customer to select on the Website, the Products he/she wishes to order according to the following procedures:
– Choice of the Products and addition to the cart;
– Validation of the Products included in the cart;
– Choice of delivery methods;
– Choice of payment method;
– Completion of the payment.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his/her acceptance. It is the Customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The sale is complete only after the confirmation of the acceptance of the order is sent to the Customer by e-mail, which must be sent without delay and after the Seller has received the full price. Any order placed, validated by the Customer and confirmed by the Seller, under the conditions described above, on the Website constitutes the binding contract concluded at distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer may follow the progress of his order on the Website.
The Seller does not sell Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities.
Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in the event of the exercise of the right of withdrawal or in the event of force majeure.
ARTICLE 6 – Prices
The Products are supplied at the prices displayed on the Website, at the time of the recording of the order by the Seller. The prices are expressed in euros, including VAT but exclusive of other taxes. For customers outside of the European union VAT will be deducted at check-out.
The prices take into account possible reductions which would be granted by the Seller on the Website. These prices are firm and non-revisable during their period of validity, as indicated on the validity period. The Seller reserves the right, outside this validity period, to modify the prices at any time. They do not include the costs of processing, shipping, transportation and shipping and delivery costs, which are invoiced in addition, under the conditions indicated on the Website and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs as they appear at the time of the validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. The shipping costs are offered for all orders of an amount greater than or equal to two hundred (200) euros VAT included (TTC).
An invoice is established by the Seller and given to the Customer at the time of the delivery of the Products ordered.
ARTICLE 7 – Terms of payment
The price is payable in full on the day the order is placed by the Customer, by secure payment and according to the following methods:
– by bank cards: Visa, Mastercard, American Express…
– by electronic wallet: Paypal
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In that case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
The payment data are exchanged in encrypted mode. The payments made by the Customer will be considered final only after collection of the sums due, by the Seller.
In the event of late payment and payment of the amounts due by the Customer beyond the above-mentioned deadline, and after the payment date appearing on the invoice sent to the Customer, late payment penalties calculated at the rate of 10% of of the purchase price including VAT, plus shipping shipping costs, appearing on the said invoice, shall be automatically and by right acquired without any formality or prior notice.
In addition, any delay in payment shall automatically result in the application of a fixed penalty of forty (40) euros, without prejudice to late payment penalties.
Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer in this respect against the Customer.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment terms, to suspend or cancel the delivery of any orders placed by the Customer.
No additional costs, higher than the costs incurred by the Seller for the use of a payment method shall be charged to the Customer.
ARTICLE 8 – Delivery
About delivery time of pre-orders
The Products sold as pre-orders will be delivered four (4) to eight (8) weeks after the date of the order, plus the time required to ship to the address indicated by the Customer when ordering on the Website.
Pre-ordered Products must be pre-ordered by the date indicated on the Website and are limited to the number of items to be produced. The Customer is informed and accepts that the Products can only be shipped from the date of availability indicated on the Website at the time of the order.
About delivery time of orders
The Products ordered by the Customer will be delivered in Metropolitan France, in the European Union and in the United Kingdom within two (2) to five (5) days after the date of the order.
The Products ordered from Customers based in the United States of America and in Canada will be delivered within three (3) to seven (7) days after the date of the order.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
However, these deadlines are communicated as an indication. If the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be resolved at the written request of the Customer in the conditions foreseen in the articles L 216-2 L 216- 33 L241-4 of the French “Code de la consommation”.
The sums paid by the Customer will be then restored at the latest fourteen (14) days following the date of denunciation of the contract, to the exclusion of compensation or withholding.
Reception of delivery
The delivery is acted by the transfer to the Customer of the physical possession or control of the Product.
The Customer is required to check the condition of the products delivered. It has a period of forty-eight (48) hours from delivery to formulate in writing (by mail or e-mail) any reservations or claims for non-conformity or apparent defect of the delivered Products (for example damaged package already opened …), with all related documents (photos in particular).
After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by the Seller.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in the article “Responsibility of the Seller – Guarantee” of these Terms and Conditions. The Seller shall bear the risks of transport and is obliged to reimburse the Customer in case of damage caused during transport.
The Seller shall refund or replace, as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French “Code de la consommation” and those provided for in these Terms and Conditions (see guarantees, in particular).
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
In the event of a special request by the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, with prior written acceptance by the Customer.
ARTICLE 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the full payment of the price by the latter, whatever the date of delivery of the said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration is carried out by the Customer.
The risk of loss and deterioration shall only be transferred when the Customer takes physical possession of the Products.
The Products travel at the risk of the Seller.
ARTICLE 10 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons nor to pay any penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to the Seller of the Customer’s decision to withdraw.
The returns are to be made in their original state and complete (packaging, accessories, instructions…) together with the purchase invoice, allowing them to be put back on the market in new condition.
Damaged, stained or incomplete products are not accepted.
The right of withdrawal can be exercised by sending an email at email@example.com, or any other unambiguous statement expressing the will to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, both the price of the Product(s) purchased and the shipping cost for returning the Product(s) are reimbursed;
The refund will be made within fourteen (14) days from the notification to the Seller of the of the decision of withdrawal, considering that the product(s) have been returned in the aforementioned conditions (i.e. in their original state and complete, with the purchase invoice, allowing them to be put back on the market in new condition).
ARTICLE 11 – Responsibility of the Seller – Guarantee
The Products sold on the Website comply with the regulations in force in France and compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
– of the legal guarantee of conformity, for the apparently defective, damaged or not corresponding to the order,
– the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing defect affecting the delivered products and making them unfit for use, under the conditions and according to the methods mentioned in the box below.
It is reminded that within the framework of the legal guarantee of conformity, the Customer
– has a period of two years from the date of delivery of the goods to take action against the
– may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French “Code de la consommation”;
– is exempted from proving the existence of the Product’s lack of conformity during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product.
The Customer may decide to implement the warranty against hidden defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer shall inform the Seller, in writing, of the non-conformity of the of the Products within a maximum period of fourteen (14) days from the delivery of the Products or of the discovery of hidden defects within the above-mentioned time limits and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions packaging, instructions…).
The Seller will reimburse, replace or repair the Products or parts under warranty that are found to be non-conforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be refunded upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days of the Seller’s finding of the lack of conformity or the hidden defect.
Reimbursement shall be made by crediting the Customer’s bank account sent to the Customer.
The Seller shall not be held liable in the following cases
– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
– in case of misuse, use for professional purposes, negligence or lack of maintenance negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or refund of Products that do not conform or are affected by a defect.
ARTICLE 12 – Commercial warranty
The Products purchased on the Website benefit from a ” 30 days Satisfied or refunded” contractual guarantee . The Customer has the possibility, within a period of thirty (30) days from the reception of the Product, to ask the Seller to cancel the order and to reimburse the order.
The request is made by sending an e-mail to firstname.lastname@example.org.
Any request made outside the above-mentioned period will not be subject to any refund. In the context of the present commercial guarantee, the Customer must return the designated Products to the Seller.
The cost of returning the Products shall be borne by the Customer, who expressly accepts this. The Customer shall be responsible for shipping and transportation of the returned Products. The Seller will not proceed to any refund in case of non-receipt of the Products.
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, stained or incomplete Products are not taken back.
ARTICLE 13 – Protection of personal data
In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Website complies with legal requirements regarding the protection of personal data, the information system used ensures optimal protection of such data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on the Website.
ARTICLE 14 – Intellectual property
The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 15 – Unforeseeability
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 16 – Force majeure
The Parties shall not be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 17 – Applicable law – Language
The present Terms and Conditions and the operations resulting from them between the Seller and the Customer are governed by and subject to French law.
In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of litigation.
ARTICLE 18 – Litigation
All the litigations to which the operations of sale concluded in application of the present Terms and Conditions could give place, concerning their validity, their interpretation, their execution, their resolution, their consequences and which would not have been able to be solved between the Seller and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. cons. Art. L612-
1) or after the existing sectoral mediation authorities, or to any alternative method of settling disputes (conciliation, for example) in case of dispute.
ARTICLE 19 – Pre-contractual information – Acceptance of the Customer
The Customer acknowledges having been informed, prior to the immediate purchase or to the placing of the order and the conclusion of the contract, in a clear and comprehensible manner, of the present Terms and Conditions and all the information listed in Article L.111-1 of the French “Code de la consommation” and in particular the following information:
– the essential characteristics of the Products;
– the price of the Products and related costs (e.g. delivery);
– in the absence of immediate execution of the contract, the date or the deadline by which the Seller undertakes to deliver the ordered Products;
– information concerning the identity of the Seller, its postal, telephone and electronic contact details and its electronic contact details, and its activities, if not apparent from the context;
– information relating to the legal and contractual guarantees and their implementation modalities;
– the possibility of resorting to conventional mediation in the event of a dispute.
The fact that a natural person (or legal entity) makes an immediate purchase implies full acceptance of these and full acceptance of these Terms and Conditions and obligation to pay for the Products ordered, which payment of the ordered Products, which is expressly recognized by the Customer, who waives, in particular, the right to take advantage of any contradictory document, which would be unenforceable against the Seller.