English

2. GENERAL TERMS OF USE AND OF SALE SAS VDP VENTCOUVERT.COM

 

Last updated on 11/05/2015

Welcome on the ventcouvert.com website, a fashion clothing online retail store.

We invite you to carefully read the pre sale general terms of use and the general terms of sale (hereafter mentioned as TOU and TOS) as well as our personal data protection policy to be able to browse and order on our website. The user, physical person, customer or not is informed by the following.

The use of our website’s services, as well as any orders involves the prior acceptance, full and whole of the present TOU / TOS and our policy regarding protection of personal data with which you recognize to have acquainted.

 

I) GENERAL TERMS OF USE

Any access and/or of the website Ventcouvert.com involves the respect of the general conditions and their acceptance. They thus constitute a contract between the company SAS VDP VENTCOUVERT and the User / Customer.

Definitions:

Customer: to be understood as every physical, non-trading person, aged at least 18 years old and having ordered at least once on the website. The customers possesses a customer account on Ventcouvert.com

Username / ID: to be understood as the e-mail address of a user, which is necessary to access his / her account on the website.

Password: to be understood as the characters succession that the User must keep secret and that allows him / her to access his / her account on the website.

Website: ventcouvert.com

User: to be understood as any person using the website Ventcouvert.com or one of its proposed services and possessing an account on Ventcouvert.com

 

Conditions of access and use of the website:

The website is accessible and free of charge to every User having an internet access.

The User is responsible for his / her computing equipment as well as for his / her access to internet. All costs relative to the access to the website remain chargeable to the User / customer.

The User will only be able to access his / her account after identification by means of his login information and password. The User has to keep secret his identifier and password and should not communicate them to a third party.

The SAS VDp Ventcouvert will implement all necessary ways to assure a 24/7 access to the website but cannot be held responsible for any dysfunction of the website which would prevent its access and / or various proposed services by Ventcouvert.com. Ventcouvert.com will do its utmost to solve any problem as soon as possible.

Creation of an account:

The user has the possibility to create an account on the website if he / she wishes to access the following services/offers:

  • Access to the page “My favorites” and/or add an article to their favorites list
  • Access to the page “Gift card” and use a gift card
  • Access and activate a promo code associated with a user account in the basket
  • Be informed of the next private sales
  • Leave feedback about any article
  • Set up an alarm on any product and / or brand
  • Place an order

By creating an account, the User accepts the present TOU / TOS and our politic on personal data protection.

The access to the services includes the subscription to the SAS VDP Ventcouvert.com newsletter.

The identified User has at any time the possibility of modulation the information which he / she wishes to receive or to cancel a subscription by clicking the link planned for that purpose located at the bottom of each of the newsletters.

The identified User can also join the partnership newsletter and receive offers from partners of SAS VDP Ventcouvert.com and has at any time the possibility of cancelling a subscription in the same section.

The creation of an account on the Website is reserved any physical person aged at least 18 years old. Every User cannot create more than a single account on SAS VDP Ventcouvert.com.

You must fill all the fields in the form during the creation of your account, except for the ones indicated as optional. Any failure to respond will have for consequence the not creation of your account. All the information informed by the User will have to be exact. The Customer can inform a phone number in the choice: office and/or cellphone and/or place of residence, cellphone being the most practical, in particular for the carrier.

When the User creates an account on the Website, he / she will receive a confirmation e-mail on the same day. SAS VDP Ventcouvert.com reserves the right to delete any account that does not respect the present contractual conditions.

 

II. GENERAL TERMS OF SALES

General terms of sale define the conditions applicable to sales concluded between on one hand the people making a purchase via the Website of Ventcouvert.com, below called "the Customer" and on the other hand the SAS VDP VENTCOUVERT SARL company, below called "SAS VDP VENTCOUVERT.COM". These conditions concern on an exclusive basis only the not trading physical persons.

Price of the items

All the prices are indicated in Euros all taxes included, except contribution to shipping costs (see paragraph Shipping and delivery).

The duration of validity of the prices of the articles proposed on SAS VDP Vencouvert.com is of 24 hours as from their publication on the Website Ventcouvert.com. Items will be charged on the basis of the current price rates at the time of placing the orders. They remain the property of SAS VDP Ventcouvert.com until the complete collection of the price by SAS VDP Ventcouvert.com. This price is payable altogether and in a single payment.

Order

The customer can place an order on the Website Ventcouvert.com 24/7.

The order process is the following:

  • Choice of the items and addition to the basket
  • Validation of the basket
  • Identification on the Website Ventcouvert.com if the customer is not identified yet
  • Choice of the delivery mode
  • Choice of the payment method
  • Payment validation

The Customer will receive an order confirmation email.

The Customer will be able to visualize, during the several steps, the order and its total price and to correct any eventual mistakes, before placing his / her order as a form of confirmation.

SAS VDP Ventcouvert.com saves itself the property of items until the complete payment of the order, namely the collection of the price of the order by SAS VDP VENTCOUVERT.COM.

SAS VDP VENTCOUVERT.COM reserves the right to cancel or to refuse any order of a customer with whom there would be a dispute concerning the payment of a previous order or which would present any shape of risk.

Any order is worth acceptance of the prices and the description of articles available on sale. SAS VDP Ventcouvert.com makes a commitment in fulfilling the orders places on the Website only while stocks last. If lack of disponibility of one or several ordered items, SAS VDP Ventcouvert.com makes a commitment in informing the Customer about it as soon as possible, and if necessary to refund the Customer within 30 days after receiving payment for the purchase. The Customer’s order will then be automatically cancelled.

Shipping and Delivery

With the exception of sales periods, any order placed on the Website SAS DVP Ventcouvert.com, Monday through Friday before 3PM will be prepared and sent out on the same day, subject to validation of the payment (see paragraph Validation of the Payment).

SAS VDP Ventcouvert.com makes a commitment to deliver items ordered and paid by the customer within the following deadlines:  

  • UPS

* Noticed average deadline

If the said items have not been delivered within 7 days from the expected delivery date as stated while ordering, and if this delay is not due to force majeure events, the Customer will be able to proceed to the resolution of the sale by the sending of a registered letter with acknowledgement of receipt at the following address: SAS VDP VENTCOUVERT.COM, Customer service, 109 boulevard Beaumarchais, 75003 Paris.

The sums paid by the Customer will then be refunded entirely.

The Customer has a 60 working days deadline as from the order’s dispatch date to ask for the resolution of the sale and the refund of items on the grounds that they would not have been delivered.

No delivery contesting will be accepted at the end of this deadline.

The Customer has to verify the state of delivered articles.

Any anomaly regarding items (damaged or missing item compared to the order receipt, damaged or opened parcel, broken or defective article) must necessarily be indicated within three days following the delivery.

For any delivery in a Point Relais, the Customer will have to verify the contents of the parcel as well as the state of items in the Point Relais before signing any delivery slip (whether paper or electronic). Any open, incomplete parcel, and/or any damaged item must not be accepted by the Customer. The Customer will inform SAS VDP VENTCOUVERT.COM of the problem encountered that day.

All the items proposed by SAS VDP VENTCOUVERT.COM are submitted to the legal guarantee planned by articles 1641 and following ones of the Civil code. (See paragraph Guarantee)

Delivery in Metropolitan France and Europe:

With UPS

Payment

The payment of the purchases is made upon the Customer’s choice:

  • By Debit Card: Visa, MasterCard, Credit Card
  • By Paypal

 

Validation of the payment

The payment is validated upon receipt of the further informations asked in case of  payment by credit / debit card requiring complementary checks (See paragraph Fights against the credit card fraud).

Account ID registration

SAS VDP VENTCOUVERT.COM offers the possibility to the Customer to register its account ID to settle its future purchases more easily and more quickly on the Website.

In order to do so, the Customer must:

  • Pay his / her latest online purchase with a Credit / Debit card in €uros
  • Check the box "record my information for my next payments" on the page of payment
  • Inform his / her address and phone number (the banking data seized on the page of payment are coded and secured)
  • Validate the payment

Once the payment validated, the data relative to the delivery (address and delivery mode), relative to invoicing and credit card info will be saved. The account ID of the Customer is not kept by SAS VDP VENTCOUVERT.COM but by our secured payment provider.

The Customer can subscribe to the recording of his account ID and so choose to adjust his future purchases in a click by bank card and in euros only on the Website without having to inform his account ID another time.

However, the Customer could be asked to provide the cryptogram again for security reasons. He / she has the possibility, at any time to delete his / her saved data in regards of credit cards information and / or adding another credit card by clicking the link on the website in the column “Payment Methods” available in “My Account”.

The Customer will then be redirected on a secure page and so can visualize one or several credit card that will have previously be saved on our service provider’s servers.

SAS VDP Ventcouvert.com reserve the right to verify the personal data communicated by the Customer and to adopt all the measures considered necessary to check if the person whose bank account has been debited is actually the person that placed the order, in order to avoid any fraudulent payment (See “Tackle against credit card fraud”). According to the Data Protection Acts of January 6th, 1978, you have, at any time, a right of access, of rectification and of opposition to all personal data by writing an email and providing your identity to SAS VDP Ventcouvert.com, IT & Liberties Service, 109 Boulevard Beaumarchais, 75003 PARIS, France.

SAS VDP Ventcouvert.com reserve the right to verify all personal data that have been provided by the Customer and to adopt measures that have been judged necessary to verifying that the person whose bank account have been debited is in fact the one who placed the order.

The verification can take the shape of a request of documentary evidences of identity and / or place of residence and / or banking documents (Bank details or cancelled check). The absence of response from the Customer to a request of this type within two days following the demand formulated by SAS VDP Ventcouvert.com will automatically entail the cancellation of the order and it without possibility of complaint later on. SAS VDP Ventcouvert.com will also have the liberty to proceed to the immediate cancellation of the order that would present one or several risk factors of fraudulent use of a bank card.

 

Exchange, returns and refund

Deadline to return an article

The Client disposes of a legal 10 complete days’ delay to exercise his / her right to retract starting on the day he / she receives the goods without having to justify or pay penalties.

The modalities of exercise of this right to withdraw are mentioned in the paragraph "Conditions of exchange and of return" below. The expenses of return are offered by SAS VDP VENTCOUVERT.COM with the exception of expenses resulting from the mode of delivery Chronopost, this service will be charged 10€. The customer will entirely be refunded sums paid from reception and check of the return of his articles without excessive delay and at the latest within 10 days according to the date in which he / she exercised his / her right to withdraw. SAS VDP VENTCOUVERT.COM will refund the Customer by using the same way of refund that had been used for the initial transaction.

For the right of retractation to be respected, the Customer will have to express his / her right before the expiration of the deadline of retractation.

Return and exchange conditions for refund

The returned items must be new, unused and in their perfectly intact original packaging.

Any exchange or return has to be the object of a request of exchange or return in the “My account” section on the Website Ventcouvert.com.

The Customer has the possibility to make one single request of return or online exchange by order on the Website Ventcouvert.com/

If the Customer’s order contains several items and he / she wishes to return, he / she will have to select all the items he / she wishes to return.  

If the Customer came to send back items via a transport mode that’s not validated by SAS VDP Ventcouvert.com and generated expenses, he / she could not qualify to any refunds from SAS VDP Ventcouvert.com

Shipping of the exchanged order

If the customer chose to send us his parcel return by ???, his / her order exchanges will be sent within 48 hours following the reinstatement in stock of returned items.

If the amount of the order exchanges of the customer is upper to the amount of its initial order, he / she can pay the online difference by bank card or PayPal or by check to the following address: SAS VDP VENTCOUVERT.COM, Customer service, 109 boulevard beaumarchais, 75002 Paris. The expedition of the order exchanges of the customer is conditioned by the validation of this payment.

If the amount of the order exchanges of the customer is lower than the amount of the initial order, SAS VDP VENTCOUVERT.COM will refund the difference within 5 days following the reception of its package return in our warehouse -  if the package was sent back to us via Colissimo.

The customer will have to keep the proof of deposit of the package which will have been provided by the Post Office. In case of loss of the package, no releasing of order, exchange or refund cannot be made without this proof of deposit.

The customer has a deadline of 30 working days from the date of deposit of his package return to formulate any complaint concerning the return.

No request will be accepted past this deadline.

The customer will have to transmit his / her complaint by e-mail via the contact form available on the page “Customer service” of SAS VDP Ventcouvert.com or by postal mail to be addressed to the following address: SAS VDP VENTCOUVERT.COM, Customer service, 109 boulevard Beaumarchais, 75003 Paris.

 

Status of the articles

All the returned articles (clothes, original packing, accessories, note) must be returned perfectly intact.

Upon receipt of the package, SAS VDP Ventcouvert.com will judge the status of the returned goods. No return will be accepted if the returned articles were apparently used or damaged because of the customer and this use or damage make the articles unfit for sale.

If the return is refused by SAS VDP Ventcouvert.com, then the articles will be sent back to the Customer and the shipping fees will be at the expense of SAS VDP Ventcouvert.com without the Customer being able to demand any compensation or right for refund, with the exception of the of the later exercise of his / her rights for guarantee on the sold items.

In case of an exchange, if the returned items have obviously been used or damaged because of the Customer and that this use and / or damage(s) make the item(s) unfit for sale, SAS VDP Ventcouvert.com will exercise recovery measures alongside the Customer.

Returns’ refund

Subject to the respect for these conditions of return, SAS VDP VENTCOUVERT.COM will proceed to the refund of returned articles within 7 days following the reinstatement in stock of the goods.

No refund in cash will be made by SAS VDP VENTCOUVERT.COM in case of return of one or several articles paid by gift card. The corresponding card will be automatically re credited with the corresponding amount or a new card will be issued.

In case of receipt of a return package, the contents of which would not be in compliance with the request of return or if the items do not respect the conditions of return mentioned above, SAS VDP VENTCOUVERT.COM reserves the right to exercise any corresponding recovery measures with the Customer.

Securisation of the deals

SAS VDP VENTCOUVERT.COM implements every means to insure the confidentiality and the security of the data transmitted online and on the Website http://Ventcouvert.com.

Customer service

For any information or question, the Customer service of SAS VDP Ventcouvert.com is reachable by e-mail via the form of contact; by mail: SAS VDP VENTCOUVERT.COM, Customer service, 109 Boulevard Beaumarchais, 75003 Paris.

Responsability

SAS VDP VENTCOUVERT.COM is responsible by rights towards the customer of the good execution of the contract concluded with the Customer.

However, the responsibility of SAS VDP Ventcouvert.com could not be claimed for the non-fulfillment or the bad execution of the contract concluded in case of force majeure, of emergence of a fact attributable to the customer either of any inconvenience, unpredictable and insuperable damage inherent to the use of the Internet network, in particular a break of the network, an outside intrusion or the presence of computer viruses.

The Website SAS VDP VENTCOUVERT.COM contains hypertext links which can redirect to other Web sites. The responsibility of SAS VDP Ventcouvert.com could not be claimed for the contents of these Websites if they came to violate the current legal and statutory requirements.

Photos and illustrations accompanying products on our website have no contractual value and could not engage the responsibility of SAS VDP Ventcouvert.com

Warranty

All the items proposed by SAS VDP VENTCOUVERT.COM are subjected to the legal guarantee planned by articles L211-1 and following ones of the Code of the Consumption and to the guarantee of the latent defects planned by articles 1641 and following ones of the Civil code.

The customer has an extension of 7 days as from the reception of the product to express any reserves or complaints for visible non-compliance or visible defect of delivered articles, by e-mail via the form of contact; or by mail with acknowledgement of receipt at the following address: SAS VDP VENTCOUVERT - SAS VDP VENTCOUVERT.COM, Customer service, 109 Boulevard Beaumarchais, 75003 Paris.

After this period and for not having respected this formality, articles will be considered corresponding and exempt from any visible defect and no complaint can be validly accepted by SAS VDP VENTCOUVERT.COM. If the visible vice or the defect of conformity of the article is proved true, SAS VDP VENTCOUVERT.COM makes a commitment to proceed to the replacement of the article or to refund the customer as soon as possible and at its expenses.

This refund will intervene within a maximum deadline of 10 days.

However, SAS VDP VENTCOUVERT.COM could not be held responsible for the misuse and / or for the intensive use of articles that the customer could make.

Intellectual property

All the texts, the comments, works, illustrations and images reproduced on SAS VDP VENTCOUVERT.COM are reserved in conformance with the copyright as well as in conformance with the intellectual property and for the whole world. As such and according to the capacities of the code of the intellectual property, is only authorized the use for a private matter, subject to different capacities, even more restrictive of the code of the intellectual property. Any total or partial reproduction of the site of SAS VDP Ventcouvert.com is strictly forbidden except upon preliminary agreement.

Private sales

SAS VDP VENTCOUVERT.COM organizes private sales on its Website Ventcouvert.com. They are not accumulative with other offers. The reduction applies automatically in the basket.

The modalities of order, payment of articles, delivery and return are such as defined in the paragraphs “General terms of sale”.

Gift card

Buying a gift card: The Customer can buy one or several gift cards on the Website Ventcouvert.com. These gift cards will exclusively be usable on the Website Ventcouvert.com.

No promotional codes can be applied when buying a gift card.

Gift cards can only be bought via credit card or PayPal.

During the creation of a gift card, the Customer will have to seize the e-mail address of the beneficiary of the gift card. This e-mail address cannot be modified afterward.

In case of typing error of the e-mail address of one or several beneficiaries of a gift card, the issuer can ask for the total or partial cancellation of his / her order. The amount corresponding to the cancelled gift cards will then be refunded to him / her entirely according to the method of payment which had been chosen during its purchase.

This request of cancellation can intervene for a maximum deadline of three months from the date of emission of the gift card (this date of issue is equal to the dispatch date of the gift card to his beneficiary).

No request of cancellation can be accepted if the gift card was activated by his/her beneficiary. A gift card is considered as having been activated when its value was carried on the credit of the profitable customer account in the form of a purchase voucher.

Vencouvert.com incurs no responsibility in case of error in the e-mail address of the addressee of a gift card.

The gift card is valid for one year as from its dispatch date to the beneficiary. It cannot be traded for cash.

For lack of activation of the gift card within one year as from its date of issue, the corresponding amount will be considered as definitively acquired by SAS VDP VENTCOUVERT.COM

SAS VDP VENTCOUVERT.COM reserves the right to cancel any order of gift card, purchase voucher or order of items paid by means of one or several purchase vouchers which would represent a risk of fraud.

Activation of a gift card - transformation in voucher

The beneficiary of the gift card will receive an e-mail containing a unique link of activation. He will have to click on this unique link to become identified on the website SAS VDP VENTCOUVERT.COM if he/she is already an account holder or to create his / her account on SAS VDP VENTCOUVERT.COM to activate the gift card.

The activation of a gift card will have the effect of putting the amount corresponding at the disposal of his beneficiary in the form of purchase voucher present.

This voucher will be available on the account’s holder interface and will be offered when checking the basket out.

The voucher is available during one year after its emission date. It is not possible to transfer it to someone else nor it is possible to be refunded or to have it exchanged against cash.

In case of return of an article paid by a voucher, SAS VDP VENTCOUVERT.COM will pay off first and foremost the possible monetary complement then will reactivate in the form of purchase voucher the amount paid with the initial purchase voucher.

During the activation of his / her gift card, the beneficiary accepts our personal data protection policy.

Applicable right

The present general terms of use and of sale are subjected to the French law. In case of persisting disagreement over its application, the interpretation and the execution of the mentioned rules, and if impossibility of mutual agreement, any dispute will have to be solved with the French competent law courts.


  • Follow us:

Our support works 24/7 Contact us

Copyright © 2015 Ventcouvert