Applications of the general conditions of sale.
The general conditions of sale (CGV) detailed below apply to all orders for products placed via the Site by a natural person with the capacity to contract who has the status of consumer, that is to say that he does not intervene within the framework of his professional activity (the “Client”).
VENTCOUVERT recognizes that these General Terms and Conditions take precedence over all other documents. Any order requires unreserved acceptance of the General Terms and Conditions, which consists of the Customer ticking the box corresponding to the phrase “I have read and accept the general conditions of sale”.
VENTCOUVERT reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale will be that in force on the day of the order.
II. The customer
Only Customers residing in countries where delivery is available can place an order on the Site, namely Customers residing in:
Germany, Austria, Andorra, Belgium, Spain, mainland France, Italy, Ireland, Luxembourg, Monaco, Netherlands, Portugal, United Kingdom and Switzerland.
The Customer must, when placing their first order on the Site, create a customer account and complete an order form specifying certain mandatory fields so that their order can be taken into account by VENTCOUVERT.
Creating an account requires the Customer to choose connection credentials (email address and password). The Customer acknowledges that his usernames and passwords are strictly personal and confidential. It is therefore prohibited to communicate or share them with third parties.
The Customer undertakes to provide complete, accurate and up-to-date information.
VENTCOUVERT may, if necessary, ask the customer for confirmation by any means of this information and their identity.
The creation of an account and the execution of the order implies for the Customer the provision of personal data, processed by VENTCOUVERT.
In order to order the Products, the Customer must select the Products he wishes to order on the Site by clicking on “Add to cart” and validate the different order steps.
The Customer will have the possibility, before definitively validating his order, to check its summary and its total price, and to correct any errors, before confirming it to express his acceptance.
VENTCOUVERT undertakes to honor orders received on the Site only within the limits of available stocks of the Products. If the products are not available, VENTCOUVERT undertakes to inform the Customer as soon as possible, and at the latest within 4 working days following validation of the order and will put the ordered product into production if the order is not cancelled . order by the customer.
In the event of cancellation, VENTCOUVERT will inform the customer of the return procedure and will reimburse the customer upon receipt of the product.
VENTCOUVERT is entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with these general conditions of sale.
In this case, VENTCOUVERT will inform the Customer by telephone or email. VENTCOUVERT reserves the right not to process the order if no modification is made by the Customer concerning the incorrect elements.
Once the customer has validated their order, VENTCOUVERT acknowledges receipt by email sent to the address provided by the Customer.
This confirmation email includes all the information relating to the order and in particular:
- The price of the products
- The quantity to be delivered
- The date of the order
- Delivery costs if applicable
- The payment method chosen by the Customer
- The statement that the Customer has a right of withdrawal
It is recommended that the customer keeps a copy of the elements relating to his order.
Any order modification is impossible from the moment it is confirmed by VENTCOUVERT. The Customer has One (1) hour to cancel his Order from the moment it has been validated by him.
The Customer can contact customer service by telephone from Monday to Friday from 10 a.m. to 2 p.m. or by email to check the status of their Order.
IV. Prices and Payment Terms
The prices displayed on the Site are indicated in Euros.
Prices are inclusive of all taxes (TTC), free delivery for
Countries of the European Union.
The prices invoiced are those in effect on the date of the order.
Prices are excluding taxes (HT), customs fees and other taxes for countries outside the European Union, free delivery to defined countries (Switzerland, United Kingdom, Andorra).
Taxes must be paid by the recipient of the product in their country. The prices invoiced are those in effect on the date of the order.
Any payment on the site can be made by transfer, bank card (CB, Visa, Mastercard, American Express) or by a Paypal account.
For payments by bank card, the customer must be the holder of the bank card used. He accesses a dedicated space made available by a banking establishment, which ensures the security and recording of the payment order.
Delivery can only be made to the address provided when ordering, no change to delivery address or billing will be accepted.
Delivery means the transfer to the Customer of physical possession of the products.
The delivery costs applicable to the order are mentioned on the Site when choosing the delivery method as well as in the order summary.
In the case of home delivery, the address mentioned must be the residence address of the Customer, a natural person of their choice or a legal entity (delivery to their company). Delivery cannot be made to hotels or post office boxes.
The Customer will have the possibility of tracking their package using the tracking number which will be communicated to them by email when the order is sent.
If it is impossible to make delivery, due to an incorrect address or the Customer's failure to collect their Order within fifteen (15) days of receipt, no reshipment can be made. . The Customer will be reimbursed within fifteen (15) days from receipt of the Order by VENTCOUVERT.
VENTCOUVERT delivers Orders within a maximum period of principle of fifteen (15) working days for delivery in mainland France and twenty (25) working days for international delivery, this period being counted from the first working day after validation of the command.
During periods when new products are put online, and during operations (sales, private sales) the delivery time may be increased by ten (10) days given the large and exceptional volume of Orders.
In order for deliveries to be made on time, the Customer must ensure that they have provided accurate and complete information regarding the delivery address.
VENTCOUVERT cannot be held responsible for any delay in delivery which is not its fault or justified by a case of force majeure.
If the delivery time is exceeded, the Customer may, after formal notice addressed to VENTCOUVERT to make the delivery, which has remained in vain, request the cancellation of the sale and obtain within a maximum period of fourteen (14) days its requests in this sense the reimbursement of the sums paid.
Outside the European Union, please note that delivery may be delayed until customs formalities and fees have been paid by the Customer, which the Customer accepts. VENTCOUVERT has no control over these charges. Customs policies vary greatly from country to country, the Customer should contact the local customs department for more information. Furthermore, when the Customer places an order on the Site, he is considered the official importer and must comply with all laws and regulations in which he receives the products.
VI. The right of withdrawal.
The customer has a right of withdrawal which he can exercise, without having to provide reasons, within a legal period of fourteen (14) calendar days from receipt of his order. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
To do this, the Customer can send a postal letter on plain paper to Ventcouvert 109 boulevard Beaumarchais 75003 Paris.
The Customer also has the option of contacting customer service by e-mail or by telephone on +33(0)1 48 04 72 78 for any additional information.
In this context, the Customer will be able to choose at their discretion between a refund or a credit.
The Products must be returned in their original condition, and labeled to the address. The Customer can select the carrier of their choice by requesting shipping with tracking option and receipt against signature.
Products returned incomplete or in a state of depreciation resulting from handling other than those necessary to establish the nature and characteristics of the Product will not be refunded.
The return of products is taken care of free of charge by VENTCOUVERT if the place of Delivery is located in France. It is the responsibility of the Customer if the place of delivery is outside FRANCE.
The Customer has 7 calendar days to return the part once the request has been approved by VENTCOUVERT.
Refunds will be made within 14 days after receipt of the products by VENTCOUVERT.
The products sold on the Site are subject to the legal guarantee of conformity: “The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Action resulting from lack of conformity is prescribed within two years from delivery of the product.
Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery unless proven otherwise.
The products offered on the Site are also subject to the guarantee against hidden defects:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the purchaser would not have acquired it, or would not would have given a lower price for them, if he had known about them.”
Action resulting from hidden defects must be brought within two years from the discovery of the defect.
The Customer may decide to implement the guarantee against hidden defects in the item sold by choosing between canceling the sale or reducing the sale price.
VIII. Intellectual property
VENTCOUVERT is the sole owner of the intellectual property rights on the Products offered on the Site, on the brands, designs and copyrights associated with the Products, on the Site and all its elements of the Site, in particular on the visual and graphic identity , on its design, on its ergonomics, its functionalities, on the software, the logo, the texts, the photos, the videos and the domain name.
It is prohibited to use brands, images, designs and models or any other element over which VENTCOUVERT holds intellectual property rights.
You may also not copy, modify, create a derivative work, reverse engineer or assemble or otherwise attempt to derive the source code, sell, assign, sublicense or otherwise transfer any rights relating to software.
It is also prohibited to modify the software or use modified versions of the software and in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the service and accessing the Site by any means other than through the interface provided by VENTCOUVERT for this purpose.
The equipment (computer, software, telecommunications means, etc.) allowing access to the Site are the exclusive responsibility of the Customer, as are the telecommunications costs incurred by their use.
The Customer acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole. In the event of impossibility of access to the Site, due to technical problems or of any nature, the Customer will not be able to claim damage and will not be able to claim any compensation.
VENTCOUVERT has taken all necessary precautions to ensure that all Products have been described correctly. However, it is specified that:
- the weights, measurements, sizes, and capacities indicated on the Site are only given as an approximation;
- although VENTCOUVERT attempts to present on the Site the actual colors of its Products, the colors that the Customer sees will depend on the computer screen used and the display configurations and VENTCOUVERT cannot therefore guarantee that the display of color by the screen corresponds exactly to the color of the products that the Customer will receive.
In all cases, VENTCOUVERT cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by case law. French, or by the Customer.
In the event that one of the clauses of the T&Cs is declared void, this will in no way affect the other provisions of the T&Cs.
Computerized records will be considered as proof of communications, orders and payments between the Parties.
XII. Conservation and archiving of transactions
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
XIII. Applicable law and jurisdiction
These General Terms and Conditions are subject to French law.
Any legal action relating to the conclusion, interpretation, execution or termination of this contract will be within the jurisdiction of the Court of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the Product in accordance with articles 42 and 46 of the Code of Civil Procedure.