The present “General Terms and Conditions of Sale” apply to the Products sold on the www.vitrineexpo.com website.
These General Terms and Conditions of Sale (GTS) apply, without restriction or reservation, to all sales concluded between the Seller and the Customer wishing to acquire the Products offered for sale by the Seller on the Internet Site. In particular, they specify the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
Access to this merchant site service by the Customer is reserved for strictly personal use and is subject to the opening of an account by the Customer on the Internet Site. The Customer must provide the data allowing his identification. When opening this account, he undertakes to provide only accurate information. The Vendor reserves the right not to proceed with an order if the criteria referred to above are not met and if the information provided is not accurate.
To access this service, the Customer uses the login and password created when opening his account. He undertakes to keep them secret and not to disclose them to any third party. In the event of loss, misappropriation or fraudulent use of the Customer’s login and/or password, the Customer undertakes to immediately notify the Vendor’s customer service department.
The main characteristics of the Products and in particular the specifications, materials and dimensional indications, as well as their price, are presented on the Internet Site. The Customer is required to read them before placing any order. The choice and purchase of the Product is the sole responsibility of the Customer. Should the Customer have any questions about the Products offered, he may contact the Vendor at the contact details indicated in the preamble hereto.
The photographs and graphics presented on the Internet Site are not contractual and shall not engage the Vendor’s liability. The Customer must refer to the description of each Product in order to know its essential properties and characteristics. Product offers are subject to the availability of stocks, as specified when the order is placed.
These GCS apply to the exclusion of all other conditions.
These GTC are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
They may be subject to changes and updates. The GCS applicable to the order of a Product by the Customer shall be those in force on the day of the order.
The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these GCS.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Website.
Prior to any order, the Customer must open a customer account as indicated herein.
It is up to the Customer to select on the Website the Products he wishes to order, according to the following terms and conditions:
He selects each Product he wishes to purchase and adds it to his basket. He may at any time modify his basket by adding, deleting Products and modifying the quantity.
Once he has selected all the Products he wishes to purchase, he confirms the contents of his basket and thus places the order.
He is then directed to a page summarising the contractual information including details of the Products selected, their price and delivery options. He chooses the delivery option and the payment method that suits him best. He then clicks on the button entitled “validate my order” at the bottom of the page to confirm and place his order. He first accepts the GCS by ticking the box provided for this purpose, which allows him to validate his order. Once the order has been validated, the Customer receives a confirmation message confirming that his order has been taken into account.
The sale is final only after the confirmation of acceptance of the order by the Vendor has been sent to the Customer by e-mail, and after payment of the full price as indicated in Article 4 below. The email address used by the Vendor is the one provided by the Customer when creating his customer account. The Products are shipped to the Customer in accordance with the terms and conditions set forth in Article 5. The Customer receives an e-mail from the Seller informing him/her of the shipment of the Products. On this occasion, the Seller provides the Customer with tracking information. The Customer will be able to follow the progress of his order on the Internet Site under the heading “Your account”.
The Customer agrees to obtain the invoices of his purchases electronically. The electronic invoices will be made available to him in .pdf format in his personal space located in the “My Account” section on the Internet Site.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
In the event of unavailability of a Product after validation of the order, the Customer is informed quickly by e-mail and the missing Product(s) is/are automatically cancelled and refunded.
The Vendor reserves the right to cancel or refuse all orders from a Customer with whom there is a dispute over payment of a previous order.
3.1. Product Prices
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the company VITRINE EXPO. They will be charged to the customer and are his entire responsibility, both in terms of declarations and payments to the competent authorities and organizations of his country. We advise you to inquire about these aspects with your local authorities.
The Products are supplied at the current prices shown on the Internet Site, at the time the order is recorded by the Vendor.
3.2 Modification of prices
The Seller reserves the right to change prices at any time without notice. The Products already ordered will remain invoiced on the basis of the prices in force at the time the order is recorded.
3.3. Possible errors on the price
The payment requested from the Customer corresponds to the total amount of the purchase, including any delivery charges that may apply.
Despite the Vendor’s best efforts, it is possible that certain Products offered on the Internet Site may contain a price error. The Seller will not honour orders containing pricing errors. In such a case, the Seller will contact the Customer to cancel the order or instruct the Customer to pay the price difference.
3.4. Issue of invoices
An electronic invoice is established by the Seller and sent to the Customer by e-mail upon confirmation of shipment of the Products ordered.
The price is payable cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms and conditions:
By Visa, MasterCard, or American Express credit cards. The date of registration of the order is the date of online payment.
By Paypal. The date of registration of the order is the date of online payment.
The payments made by the Customer will be considered final only after effective collection of the sums due to the Seller.
The Vendor reserves the right, in the event of non-compliance with the terms of payment, to suspend or cancel the delivery of orders in progress made by the Customer.
The Seller makes every effort to ensure that the Products are delivered as quickly as possible.
Orders placed on the Website on Friday from 4 p.m., Saturday or Sunday will be processed on the following Monday. Orders recorded on the Website on a public holiday will be processed on the next working day.
No delivery can be made to a post office box address.
Deliveries will be made within a maximum of three (3) weeks from receipt of the order. However, in the event that manufacturing lead times are necessary, the Vendor shall inform the Customer, prior to placing the order, of the estimated delivery time taking into account this manufacturing lead time.
Deliveries are made by La Poste or by an independent carrier, depending on the shipping address, to the address mentioned by the Customer when placing the order and which can be easily accessed.
Delivery may be delayed for reasons beyond the Vendor’s control. In this case, the Vendor undertakes to keep the Customer informed of the situation. The Vendor declines all responsibility in the event of delivery delays, disruptions or errors attributable to suppliers/transporters.
If the package appears damaged, the Customer shall notify the carrier of its refusal to take it and the reason for its refusal. He must also immediately notify the Seller of his refusal.
If the contents of the package do not conform to the order, the Customer must contact the Vendor’s Customer Service within seven (7) days following receipt of the products in order to initiate the procedure for returning the Products.
The transfer of ownership of the Seller’s Products to the Customer shall take place upon confirmation of acceptance of the order by the Seller, materializing the parties’ agreement on the goods and the price, regardless of the date of payment and delivery.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk and peril.
The Customer wishing to exchange or be refunded all or part of his Products goes to the contact page and fills out the withdrawal form.
The Vendor informs the Customer of the return address of the Product(s).
The Products must be returned in perfect condition in their original case and packaging, accompanied by the return form, allowing them to be put back on the market in new condition. The Products must not have been unpacked, damaged, soiled or damaged. No mark or scratch should be visible on the returned Products. The Products must not have been touched or modified in any way whatsoever.
Damaged, damaged or soiled Products will not be taken back.
Once the Products have been returned to the Vendor and checked by the latter, he shall reimburse the Customer by transfer to his bank account within fourteen (14) days from the date of validation of the condition of the Products.
In the event that the Customer wishes to exchange the Products (subject to availability), the exchange shall be carried out by the Seller under the conditions set forth in these GCS.
The return is no longer possible if it is the second consecutive return relating to the same order.
Products that have been modified at the Customer’s request (personalised engraving, resizing, modification of the size or colour of the stones, etc.) can no longer be refunded or exchanged.
The Products sold on the Website comply with the regulations in force in France. They automatically benefit from the guarantee of conformity referred to in Articles L 217-4 and following of the Consumer Code and the guarantee of hidden defects under the conditions provided for in Articles 1641 and following of the Civil Code.
Within the framework of the legal guarantee of conformity, the Customer :
– has a period of two years from the delivery of the good to take action against the Seller;
– may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code ;
– is exempt from providing proof of the existence of the Product’s lack of conformity during a period of 24 months from March 18, 2016, following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.
The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the sale price (Article 1644 of the Civil Code).
The Seller’s liability towards the Customer may only be engaged for facts that are directly attributable to it and that cause it a prejudice directly related to these facts. It cannot be held liable for indirect damage. Neither can it be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Products comply with the French legislation in force at the time of the commercial proposal. The Vendor may not be held liable in the event of non-compliance with the regulations of the country in which the Products are delivered.
The Seller undertakes to do its utmost to implement the service offered to the Customer.
Furthermore, the Seller may not be held liable for the content made available on the Internet Site, particularly with regard to the description of the Products. The descriptions of the Products on sale on the Internet Site are given for information purposes only. Similarly, the photographs may differ slightly from reality and have no contractual value. They shall not engage the Vendor’s liability.
Finally, the Vendor does not guarantee that the functions contained on the Website, nor that the content and all the elements contained therein will be available at all times, uninterrupted or error-free, that the errors or defects contained therein will be immediately corrected, or that the Website or its server will, at all times, be free of viruses or other components likely to cause damage.
10.2. Force majeure
The Vendor cannot be held responsible if the non-execution or delay in the execution of its obligations, as described herein, results from a case of force majeure, as defined in article 1218 of the Civil Code.
The Seller must inform its Customer of its inability to perform its performance due to an event constituting force majeure within five (5) working days of its occurrence. The suspension of its obligations may in no case be a cause for liability for non-performance of the obligation in question, nor may it lead to the payment of damages or late payment penalties.
The Seller shall make its best efforts to inform its Customer as soon as possible of the terms and conditions for processing its order during the duration of the force majeure event.
The content of the Website is the property of the Vendor 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 prohibited and is likely to constitute an infringement of copyright.
In addition, the Vendor remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., appearing on the Internet Site, made with a view to providing the Services to the Customer. The Customer is therefore prohibited from reproducing or exploiting these studies, drawings, models and prototypes, etc., without the Vendor’s express, written and prior authorization, which may be subject to a financial consideration.
Should any provision of these GTC be or become invalid or unenforceable, the remaining GTC shall remain in force, unless the invalidated obligation is an essential obligation whose removal or cancellation would prevent the continuation of the GTC.
The Seller reserves the right to change, modify, add or delete any part of these GTCs at any time. Any changes to the GTC will be published on the Website. The GTC applicable to an order are those in force on the date of payment of the order.
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
All disputes to which the purchase and sale operations concluded in application of these GCS could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that it may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation pursuant to Article L 612-1 of the French Consumer Code, or with the existing sector-based mediation bodies, whose references can be found at the following address: https://www.economie.gouv.fr/mediation-conso, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
The Customer, noting that a violation of the general regulations on the protection of personal data would have been committed, has the possibility of mandating an association or a body mentioned in IV of article 43 ter of the 1978 Data Protection Act, in order to obtain against the data controller or the subcontractor, compensation before a civil or administrative court or before the National Commission for Data Processing and Liberties.
The fact that a natural person (or legal entity) places an order on the Internet Site implies full and complete adherence and acceptance of these GCS and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.