ENGLISH l FRANCAIS
www.viniegraffiti.com website(28/01/2016)
Access to sales organized on the site www.viniegraffiti.com implies unreserved acceptance of the following provisions:
Article 1 - Company
Vinie is a registered trademark with the INPI; the headquarters of the company is located in Noisy Le Sec (93130), 49 avenue de Strasbourg, and registered in the Register of Commerce and Companies of Bobigny, SIRET: 750 154 387 00047, CODENAF 4791A.
Full name: Masson Virginie
Article 2 - General
These general conditions of sale define the rights and obligations of the parties in connection with the sale of products through the site www.viniegraffiti.com (hereinafter referred to as "the Website"). These Terms and Conditions complement the Privacy Policy and Protection of Privacy. Buyers say they have read and accepted the rights and obligations thereunder. Any order placed is governed by these conditions.
Article 3 - Ordering and prices
3.1 Buyers have the opportunity to order on the website at: http: //www.viniegraffiti.com.
3.2 The Buyer warrants that it is fully authorized to use the payment card or PayPal account for payment of his order and that these payment methods provide access to sufficient funds to cover all costs resulting from the use of viniegraffiti.com service.
3.3 By clicking on the "Confirm and pay" button for the process control, and after checking in his "Basket" the content of the Order and, if necessary, to have it amended, the buyer declares fully accepting and without reserve the entirety of these Conditions of Sale. After confirming the contents of his order, the buyer will validate the final payment by. The Order will be final only after payment of the corresponding price.
Viniegraffiti.com systematically confirm the order of each customer, and shipment by email. For deliveries and services outside French territory, the provisions of the Tax Code regarding VAT will apply.
3.4 The price of each item is indicated all taxes included; shipping of the order costs will be indicated before the final confirmation of this. Furthermore, once the order is confirmed, prices and costs remain accessible in the "My Account" from the website. For deliveries and services outside French territory, the provisions of the Tax Code regarding VAT will apply.
3.5 Failure by the buyer of the obligations under these Terms and Conditions, and in particular in cases of fraud or attempted fraud, and any incident of payment of the price of an order may result suspension and cancellation of sending the items ordered.
Article 4 - Product Compliance
4.1 The information mentioned regarding certain items, are those reported by the suppliers from which they are acquired.
The viniegraffiti.com website makes its best efforts to ensure that the photographic representation of the products to be as faithful as possible. However, given the digital mode of presentation of products on the Internet, it is possible that the perception by the purchaser of photographic products may not exactly match the product.
4.2 In case of non-compliance of the product delivered, the buyer can return it and ask:
• Either the replacement of a product identical to the one ordered in the stocks; either to be delivered of a product of equivalent quality and price in the stocks;
• Or to be refunded the product price within 30 days of the request of the buyer if the replacement of an equivalent product proves impossible.
The cost of returning the product ordered, and the possible delivery of another product will be borne by the website.
4.3 In any case, these provisions do not deprive the buyer of the benefit of the right of withdrawal, as framed by Article 8 of these Conditions of Sale.
Article 5 – Availability of products
In the event of a total or partial unavailability of product after placing the order, the Member will be notified by e-mail delivery of a partial order or cancellation of his order. Pursuant to the provisions of articles L 138-2 and L 138-3 of the Consumer Code, in case of unavailability of the product, the buyer then has the right to be refunded the price of the product ordered within 14 days following his request.
Article 6 – Right of withdrawal
6.1 Scope :
On articles sold on the Website, and the exceptions listed below, buyers have a right to withdraw and to return their product (s) (s) for fourteen days from the date of delivery thereof, in accordance with article L 121-21 of the consumer Code. In such a case, the website is entitled to claim payment of an amount corresponding to the service provided to the communication of its decision to withdraw, provided that the seller has obtained the express request of the buyer pourl'exécution said service for the duration of his right of withdrawal.
6.2 Terms :
6.2.1 Notification of withdrawal:
Prior to any return of a product, the buyer must give notice of withdrawal by email, contacts tab of the website.
6.2.2 Return of products:
Pursuant to the provisions of Article L. 121-21-3 of the Consumer Code the purchaser must return the product at the latest within fourteen days of the communication of its decision to withdraw. The purchaser must return the product under the conditions defined in section 7 below of these Conditions of Sale.
6.3 Returns and Refund Fee
6.3.1 Returns fees:
The product return costs are the responsibility of the buyer. The transportation of returned products and is the responsibility of the buyer. Assuming the product, because of its nature, can not be returned by the Post Office, an estimated cost of returning the product remaining at the buyer's expense will be indicated, for information, in the product Fact sheet and in the order confirmation email that will be sent to the Member. The price for return of the product by the buyer will be depending on the carrier that it will choose to return the product.
6.3.2 Refund:
The return of all products ordered will result in a refund equal to the total amount paid by the buyer, ie the purchase price of the product (s) purchased (s) and expense possible delivery. The repayment will be made by the buyer toutmoyendepaiement within fourteen days of the receipt by virginiegraffiti.com the request to exercise the right of withdrawal by the buyer, if the product has been returned and received by the website during that time. However, pursuant to paragraph 2 of Article L. 121-21-4 of the Consumer Code, this repayment is deferred until the product recovery by viniegraffiti.com or until the buyer has provided proof of shipment of the product concerned. The term evidence of shipment of the product, any means to justify unquestionably sending the product concerned.
Article 7 – Terms of reference of product by the buyer
7.1 Reference product for non-compliance or for exercising the right of withdrawal:
The return of all products ordered will result in a refund equal to the total amount paid by the buyer, ie the purchase price of the product (s) purchased (s) and expense possible delivery. The repayment will be made by the buyer toutmoyendepaiement within fourteen days of the receipt by virginiegraffiti.com the request to exercise the right of withdrawal by the buyer, if the product has been returned and received by the website during that time. However, pursuant to paragraph 2 of Article L. 121-21-4 of the Consumer Code, this repayment is deferred until the product recovery by viniegraffiti.com or until the buyer has provided proof of shipment of the product concerned. The term evidence of shipment of the product, any means to justify unquestionably sending the product concerned. Then back at this adress :
o Mlle Masson Virginie
o 49 avenue de Strasbourg
o 93130 Noisy Le Sec
The product must be returned:
• properly protected in their original packaging, with all accessories, in perfect condition for resale (not damaged, damaged or soiled)
• accompanied by the bill of sale in order to identify the buyer (No. order, name, address).
• without the product has clearly been sustainable use (beyond a few minutes), that is to say, provided that the products do not bear the marks of prolonged use beyond the time needed to test and are in condition for resale.
If the buyer opts for another method of return that the above procedure, it is essential that viniegraffiti.com can identify the buyer realizes that this return in order to process a refund. It is therefore necessary to include with your return all product documentation that identifies you (copy of your order summary or copy of the invoice, ...).
Article 8 – Payment
Payment for purchases is made using a credit card or a PayPal account. Payment cards accepted to date are: Visa, MasterCard and American Express. For each order, a debit request the buyer's bank account will be sent within 24 hours to the bank. If paying by PayPal, the purchase amount will be immediately charged the PayPal account. The order will be effective after confirmation of the agreement of payment centers.
It is up to the buyer to save and print the certificate of payment if it wants to maintain its bank and details relating to the transaction.
The buyer guarantees that it is fully authorized to use the credit card or PayPal account for payment of their Order and these payment methods provide access to sufficient funds to cover all costs of the order.
Article 9 – Delivery
9.1 Place of delivery
The products or services will be sent to the delivery address that the buyer has indicated in its Order.
The participation fee of logistical preparation and dispatch means TTC.
9.2 Delivery time
The maximum delivery time is 30 working days after ordering the product, except particular stipulation stated to the buyer before placing the order and before the final confirmation of this.
9.3 Late delivery
In such a case, the buyer can send an email using the 'Contact' tab of the website by mentioning the subject matter and contact information where you can be reached. The buyer has the option to cancel the order if delivery thereof has not occurred within 15 business days after the delivery date specified by Viniegraffiti.com unless the delay in delivery is due to a case of force majeure under the jurisprudence of french courts.
Within 20 working days of the request for cancellation by the buyer, viniegraffiti.com perform with his bank or his PayPal account a buyer refund..
9.4 Delivery done
Each delivery is done as soon availability of the product to the buyer, including the carrier, materialized by the control system used by the carrier.
Without prejudice to the period of time under the right of withdrawal defined in Article 8 above, it is up to the buyer to check the inbound shipments and to make all reserves and complaints which would appear justified, or to refuse package, if it is likely to have been opened or if it shows obvious signs of deterioration. The said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days of delivery of products, a copy will be addressed to viniegraffiti.com
10 - Guarantees
10.1 Legal Guarantees
10.1.1 legal compliance warranty (Article L211-4 and following of the Consumer Code)
The buyer is informed that the guarantor of the sold defects is now Virginie Masson, located to Noisy Le Sec (93130), 49 avenue de Strasbourg.
When acting legal guarantee of conformity and as detailed below, the buyer:
• granted a period of two years from delivery of the product to act;
• can choose between repair or replacement, subject to conditions laid down in Article L. 211-9 of the cost of the Consumer Code;
• is offered to prove the existence of the lack of conformity of the property during the 6 months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for used goods.
It is recalled that the legal guarantee of conformity applies regardless of whether commercial warranty that could grant the manufacturer.
The buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this event, it may choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 of the Civil Code.
As part of the legal guarantee of conformity if the property controlled by the buyer present a lack of conformity, viniegraffiti.com, according to what he can do, agrees:
• or replace the product with an identical product in terms of available stocks,
• at him exchange the product with a product of equivalent quality and price according to availability,
• either refund the product price within 30 days of the request if the replacement of the product at the same or equivalent proved impossible.
Article L211-4 Consumer Code The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.
Article L211-5 Consumer Code To comply with the contract, the product must:
1. Be suitable for the purpose usually of a similar property and, where applicable:
o Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
o The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
Article L211.7 Consumer Code The lack of conformity appearing within twenty-quatremois from delivery of the goods are presumed to exist aumoment issuance, saufpreuve contrary. The seller can rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance.
Article L211-9 Consumer Code In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if the choice involves a manifestly disproportionate cost in relation to the other terms, given the property value or importance of the defect. It is then required to make, where possible, according to the modality chosen not by the purchaser.
Article L211.10 CConsumer Code If repair and replacement, are impossible, the buyer can make good and get refund the price or keep the property and to the return of part of the price.
The same right is given to him:
If the requested solution, proposed or agreed pursuant to Article L.211-9 can not be implemented within the period of one month following the claim by the buyer;
• Or if that does can be without major inconvenience to it in view of the nature of the property and use that research. The cancellation of the sale may not, however, be imposed if the defect is minor.
Article L211-12 Consumer Code Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L211-13 Consumer Code The provisions of this section shall not deprive the buyer of the right to bring an action resulting from latent defects as resulting from articles1641 to 1649 of the Civil Code or any other cause of action contract, tort as recognized by law. The buyer may decide to implement the guarantee against hidden defects lachose sold within the meaning of Article 1641 of the Civil Code. In this event, it may choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 of the Civil Code.
10.1.2 warranty against hidden defects (Article 1641 of the Civil Code)
As part of the warranty defects of the thing sold, viniegraffiti.com, at the option of the purchaser undertakes, upon evaluation of vice:
10.1.2.1 Either reimburse the full price of the returned product
10.1.2.2 Either to refund a portion of the product price if the buyer decides to keep it.
Article 1641 Code civil The seller is required to guarantee against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired , or would have paid a lower price if he had known
Article 1645 Code civil If the seller knew the defects of the thing, he is bound only to restore the price he received, all damages to the buyer
Article 1646 Code civil If the seller knew the defects of the thing, it will be required to restore the price, and repay to the purchaser the costs of the sale.
Article 1648 paragraph 1 Civil Code The action resulting from latent defects must be brought by the purchaser within two (2) years from discovery of the defect.
Article 11 – Modification of the general conditions of sale
Viniegraffiti.com reserves the right to modify these Terms and Conditions. Buyers who do not wish their contractual relations are governed by the new version of the General Conditions of Sale apply to all new orders, must notify and, as of the date from which the new version will take effect, they will cease to use the services of the website.
Article 12 – Personal data
12.1 : Viniegraffiti.com undertakes to respect the confidentiality of personal data submitted by buyers on the Website and to treat them in accordance with the Data Protection Act of 6 January 1978.
12.2 : Viniegraffiti.com informs buyers that it will also have to communicate personal data to ensure the fulfillment of tasks necessary to the performance of the Order, to ensure delivery of goods and the realization of benefits, to fight against fraud and more generally any criminally punishable activity. Moreover, viniegraffiti.com may also transfer this information to respond to a legal injunction authorities.
Article 13. Various
13.1 In the event that any of the terms of the General Sales Conditions would be considered illegal or unenforceable by a court other provisions shall remain in force.
13.2 In accordance with Articles 1316 and the Civil Code and, where appropriate, Article L.110-3 of the Commercial Code, the information delivered by the Website are valid between the parties. Items such as the time of receipt or issuance, and the quality of the data received authentic priority as contained on viniegraffiti.com information systems, or as authenticated by computerized procedures viniegraffiti.com except by written proof and otherwise by the buyer.
Article 14. Law - Litigation - Liability
These Conditions of Sale in French language will be executed and interpreted according to French law. In case of dispute, the buyer shall preferably turn to viniegraffiti.com for an amicable solution. Otherwise, the French courts will have jurisdiction.
Article 15. Host
Photodeck,11 rueTridard -25430Sancey Le Grand-Tel :+33 3 8148 1673.