« Client(s) » signifies the Internet user(s) browsing the site and making a purchase online of Product(s) for personal use.
« General Terms and Conditions of Sale » signifies the present terms and conditions of sale of Products on the Site.
« VINAESENS » signifies Fontenelles - Thierry Tastu SARL with a capital of €10,000, registered in the commercial and company register at Carcassonne under the number 353 881 717 00014 and distributing notably VINAESENS brand products, whose registered office is at 76, avenue des Corbières - 11700 Douzens - France.
« Parties(s) » signifies collectively or alternatively VINAESENS and/or the Client(s).
« Products » signifies the cosmetics and perfume products offered for sale on the Site under the conditions of Article 3 below.
« Site » signifies the e-commerce website of VINAESENS accessible through the Internet at: www.vinaesens.com offering the Products for sale.
These conditions of sale are aimed at defining the contractual relationship between VINAESENS and its Client(s) as well as the conditions applicable to any order placed on the site. Any order placed through this site (whatever the type of order) implies acceptance without reservation by the Client(s) of these terms and conditions. These conditions shall prevail over any other general or special conditions not specifically agreed upon by VINAESENS.
VINAESENS reserves the right to modify these terms and conditions at any time. In this case, the terms and conditions will be those in force on the date of the order by the purchaser. General conditions of sale are concluded for the duration necessary for the provision of Products.
By ordering a Product on the Website, the Customer acknowledges having read the Terms and Conditions of Sale and having accepted them without restriction, this acceptance being in no way conditioned by a handwritten signature on the part of the Client.
Consultation of the Site by the Client is also governed by the conditions of use of the Site which he or she accepts without reservation and which is accessible at: www.vinaesens.com/2-cdu.
3.1 - Availability:
VINAESENS will honour orders received within the limits of available stock. In the case of unavailability of one of the products, the customer will be notified by e-mail of the delivery of a partial order or cancellation of the order. VINAESENS will in no way be held liable.
The average delivery time indicated does not follow a strict deadline and VINAESENS will not be held liable in the case of delivery delays or stock shortages.
3.2 - Description of Products:
Products offered for sale by VINAESENS are those listed on the Website on the day of consultation of the Site by the Client, and within the limits of available stock. VINAESENS reserves the right to withdraw products from sale at any time.
The descriptions of items (photographs, information, text) contained in the catalogue are as accurate as possible in order to meet the requirements of Article L.111-1 of the Consumer Code. However, they cannot guarantee perfect similarity with the product, especially with regard to colour. They present an indicative character only and in no case are part of the contract. Also, VINAESENS cannot be held responsible for errors or inaccuracies in the photographs or graphical representations of Products presented on the Site.
Product prices are firm. They are quoted in euros. The current price is that indicated on the Site, excepting typographical errors.
These prices include VAT on the date of the order but do not include the cost of postage and packing which will be charged extra and will be specified to the Client upon final validation of the order.
Shipping costs are calculated according to the requested delivery time and according to the conditions defined by the carrier chosen by VINAESENS.
Standard Shipping costs (Collissimo Access) amount to 6.50 euros and Express Shipping (Chronopost) amounts to 9 euros.
The price charged to the customer is the price indicated on the order confirmation sent by e-mail by VINAESENS.
VINAESENS reserves the right, which the Client accepts, to modify its prices at any given moment without any other formality than to modify the Site. These changes, however, will not affect orders that VINAESENS has accepted prior to the entry into force of these modifications, subject to the availability of products ordered.
5. RETENTION OF TITLE
The ordered products remain the property of VINAESENS until full payment. In contrast, on the actual date of delivery, risks (including loss, theft or damage) relating to Products delivered are borne by the Client.
6. HOW TO ORDER
6.1 - Navigation within the site:
The Client may be informed of the different products offered for sale by VINAESENS on the Site. The Client may freely browse the different pages of the Site, without being committed to an order.
6.2 - Registering the order:
The Products are intended for the strictly personal use of the Client, without any direct connection to the professional activity thereof. As such, the Client's attention is particularly drawn to the fact that he or she cannot order more than five Products with the same reference per month and to a limit of 500 euros. When ordering more than the above amount and/or the number mentioned above, the order will be considered void. If the Client wishes to order, he or she must choose the different Products in which he or she has an interest, and finalize this interest by clicking on the "Add to Cart" button.
6.3 - Delivery area eligible for an order:
The Client may only place orders for delivery of products in France. All orders mentioning another location for delivery will be rejected.
6.4 - Final confirmation of the order:
The Client must check the box next to the message "By checking the box below, I acknowledge having read and accepted the General Conditions of Sale" to confirm his or her order before selecting the method of payment offered on the same page.
6.5 - Confirmation of an order:
The sale will be considered final only after having sent the Client confirmation by e-mail of acceptance of the order by VINAESENS.
Unless the server is unavailable, the Client will pay for the order after final confirmation thereof on the Site by Credit Card (Visa, MasterCard) or via the online PayPal payment service. In the case of choosing payment by credit card, the Client must enter his or her card number, expiration date thereof, the name of the card holder and visual cryptogram (last three numbers on the back of the credit card).
Payment by cheque is not accepted.
VINAESENS reserves the right to refuse any order or delivery in the case of exceeding the limits specified in section 6.2 hereof, existing dispute with the Client, total or partial non-payment of a previous order by the Client, refusal to authorize payment by credit card banking institutions.
The Client guarantees VINAESENS that he or she has the authorization required to use the method of payment chosen at the time of validation of the order. In the case of refusal by the bank, the order will be automatically cancelled and the Client notified email.
VINAESENS invites the Client to print the order summary. The order data will be recorded and stored in the computer systems of the OVH Company, the VINAESENS host and with the banking partner. The information records from these companies will be considered as proof of all transactions between the Parties on the Site. Data archiving relative to orders is made on a reliable and durable backup and can be produced as evidence if necessary.
Products are delivered by post. The delivery time depends on the delivery method chosen. Concerning all orders confirmed before 10 a.m., Monday to Friday (excluding holidays), the products ordered will be shipped on the same day subject to the limit of available stock. For standard (Colissimo Access) delivery, maximum delivery period is 5 days; (7 days during holiday periods); for express delivery (Chronopost) the maximum period is 2 days. The exceeding of these periods by the delivery service will in no circumstances give rise to any compensation to the Client.
Delivery will always be excluded where the delivery address on the Site is given as:
- A hotel or other temporary accommodation
- A poste restante
- A PO Box
- A non-fixed address or home (that is to say, without this list being exhaustive - mobile homes, caravans, campsites, and other non-fixed domiciliation) or a group address where an individual address cannot be clearly and sustainably assigned to a natural or legal person.
The Customer must check the condition of the products upon delivery. Any anomaly concerning the delivery (parcel damaged, missing items when compared with the VINAESENS bill, late delivery etc.) will be subject to conditions on the delivery receipt presented by the carrier. The Customer must also notify any anomaly by email: firstname.lastname@example.org to improve the quality of service offered and to enable VINAESENS to conduct an investigation with the carrier.
In the event of the Client reporting a missing product, an investigation with the carrier can take up to 21 working days. If, during this period, the product is found, it will be immediately re-routed to the location designated in the order.
However, if the item is not found at the end of the 21 days of investigation, VINAESEN will, at its own expense, effect a new shipment of the missing products initially ordered by the Client. After a period of 7 days following the projected date of delivery and in the event of not complying with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by VINAESENS.
In the case of non-compliance of a delivered Product, the Client may return it to VINAESENS following the procedure described at the following address: http://www.vinaesens.com/1-retour in its original condition, with the original labels and accompanied by the original packaging and a delivery note. Otherwise, VINAESENS will not provide a refund for the returned defective Product.
In the event that the return of the defective product is well founded, VINAESENS will provide, at the behest of the Client, or, in the absence of choice from the Client, the choice of VINAESENS, a refund for the defective product or its exchange depending on stock available, excluding any compensation.
Excepting the above assumptions, no exchange of products is allowed.
It must be stated that the return costs are the responsibility of VINAESENS (return costs will be refunded according to the scale of shipping costs charged by Colissimo Access) in the case where the decision to return is the consequence of an error arising from VINAESENS.
9. RIGHT OF RETRACTION
In accordance with Article L.121-20 of the Consumer Code, the Client has a deadline of seven (7) days to return, at his or her expense, the Product(s) he or she has ordered if he or she is not satisfied with the Product(s) and to cancel the order. This period starts from the date of delivery of the order.
However, pursuant to the provisions of Article L. 121-20-2 of the Consumer Code, this right of retraction is not applicable to the Product(s) prepared according to customer specifications or clearly personalized.
Products should be returned in their original unopened packaging following the procedure described at the following address http://www.vinaesens.com/1-retour
Return costs are the responsibility of the Client. VINAESENS does not accept postage-due packages.
Risk associated with the return of the Product(s) is the responsibility of the Client.
If the above conditions are met, VINAESENS will reimburse all sums incurred by the Client when ordering Products except for return shipping costs, within thirty (30) days following the date on which the right of retraction has been exercised by the Client in accordance with Article L.121-20-1 of the Consumer Code.
In a sale with premium, the Client agrees to return the premium to VINAESENS with the Product, in which case VINAESENS will bill the cost of the premium to the Client.
10. LIMITATIONS OF LIABILITY
VINAESENS is bound only by an obligation of means. The Client shall remain the sole judge of the appropriateness and adaptation to his or her needs and the usage of the Products he or she has ordered.
VINAESENS will not be held liable for improper use of their Products.
VINAESENS cannot be held responsible for:
(i). loss, alteration or unauthorized access to the Client's personal data,
(ii). the accidental transmission of viruses or other harmful elements, resulting from access to the Internet or e-mail transmissions.
VINAESENS does not guarantee that the Site will be continuously available, without temporary interruption, suspension nor be error-free.
Without limiting the other provisions of the Terms and Conditions, the liability of VINAESENS may be retained only in the case of misconduct being proven exclusively on the part of VINAESENS. In any event, it will be limited only to direct damages.
VINAESENS reserves the right to suspend the operation of the Site.
11. PERSONAL DETAILS
The information concerning personal details collected within the framework of distance selling is required, being necessary for the processing and delivery of orders and for the establishment of invoices. Failure to furnish this information implies the automatic rejection of the order.
The Client may subscribe to the VINAESENS newsletter to receive newsletters with regard to its activities and VINAESENS brand Products. The Client retains the right to oppose such communication either by not giving his or her consent at the time of the creation of the account and at any moment in the management pages of the account, or by clicking the unsubscribe link provided in each newsletter, or by sending an e-mail to: email@example.com
VINAESENS is responsible for the collection and processing of personal data carried out on the Site.
VINAESENS is the sole recipient of the personal data collected on the Site.
VINAESENS will only communicate these data to third parties, notably technical services, in order to realize the service requested by the visitor (order processing or sending the Newsletter).
In compliance with the law n° 78-17 of the 6th of January, 1978 relating to computers, files and freedom, the handling of personal information collected on the Site has been declared to the National Commission of Information Technology and Freedom, recorded on the 3rd of October, 2012 under the declaration number 1620219. The Client has a right of access, modification, rectification and deletion of data concerning him or her. To exercise these rights, the Client must send an e-mail to the following address: firstname.lastname@example.org
12. FORCE MAJEURE
VINAESENS cannot be held responsible for the total or partial lack of execution of its obligations, if such non-execution is due to unforeseeable circumstances or to the occurrence of an element of force majeure including, although this list is not exhaustive, flood, fire, storm, lack of raw material, transport strike, total or partial strike or a lockout. These events constitute a cause for suspension and/or termination of obligations of VINAESENS to the Client, without compensation to the Client.
13. INTELLECTUAL PROPERTY
Intellectual property rights to the Products sold on the Site are and remain the exclusive property of VINAESENS. All usage rights are expressly reserved. Under these conditions, nobody is allowed to reproduce, distribute or use for any purpose whatsoever, even partially, these intellectual property rights without the prior written consent of VINAESENS. The trademarks and logos of VINAESENS are registered trademarks. Reproduction is, as a consequence, an infringement.
14. FREE PRODUCTS AND SERVICES
Samples: All orders will be accompanied by free samples selected by VINAESENS, within the limits of available stock.
VINAESENS may have to place a "cookie" (alphanumeric identifier) on the hard disk of the computer of the Internet surfer and this, for the sole purpose of being able to recognize him or her when browsing the Site in the future. It should be remembered that the surfer may oppose the registration of "cookies" on your hard disk by configuring his or her Internet browsing software in this direction. To this end it is recommended to refer to the user manual (section "Help" on the toolbar of the browser) of his or her Internet browser or to note any useful information from the publisher of that software.
16. ENTIRE AGREEMENT
The General Conditions of Sale, the terms and conditions and the order summary sent to the Client, together constitute a contract and constitute the entire contractual relationship between the Parties.
17. APPLICABLE LAW – LITIGATION
These conditions of online sale are subject to French law. In the case of dispute, jurisdiction is given to the competent court of Carcassonne (11000), notwithstanding the multiplicity of defendants or the introduction of third parties.