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General Terms and Conditions of Sale
These General Terms and Conditions of Sale shall apply, without restriction nor reservation, to all sales completed by the company CHARLES VIANCIN Group with a capital of 2,000,000 €, whose registered office is located at 892 route de Vieugy, Chaux Balmont 74600 SEYNOD, registered with the trade and companies register in Annecy under the number 480 897 479 (hereinafter referred to as the "Vendor") with non-professional buyers (hereinafter referred to as the "Customers" or "Customer"), wishing to purchase the products proposed by the Vendor (hereinafter referred to as "Products") on the website " shop.charlesviancin.com " (hereinafter referred to as "the website"). They notably specify the terms and conditions of order, payment, delivery and management of potential returns of products ordered by the Customers.
We reserve the right to modify these terms and conditions from time to time without notice to you.
The Products proposed for sale on the aforementioned website are as follows: "Kitchen accessories, drinks accessories, cooking accessories and textile items for the kitchen".
The main characteristics of the Products and notably the specifications, illustrations, dimensions and volume of the Products, are presented on the website.
The Customer is required to become aware of them before all placed orders. The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product to become aware of their core properties and specificities
The Products are offered while stocks last, as specified when the order is placed. If products are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, CHARLES VIANCIN Group shall not be obliged to sell you those goods.
The contact details of the Vendor are: CHARLES VIANCIN Group, a simplified joint-stock company with a share capital of 2,000,000 €, 892 route de Vieugy, Chaux Balmont 74600 SEYNOD, 480 897 479 RCS ANNECY - Telephone: (+33) 4 50 10 48 24 (toll-free number) - E-mail: email@example.com.
These General Terms and Conditions of Sale apply exclusive of all other terms and conditions, and notably those applicable for sales in stores or through other distribution and retail channels. These General Terms and Conditions of Sale are accessible at all times on the website and shall prevail, when appropriate, over any other version or any other contradictory document. The Customer declares to have acknowledged the present General Terms and Conditions of Sale, and to have accepted them by checking the appropriate box before the implementation of the online order procedure, as well as the general terms and conditions of use of the website.
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose their sensitive data by writing a letter, with a proof of identity, to the address of the aforementioned Vendor.
The customer is responsible for selecting the Products that they want on the website.
The basket is the customer’s purchase order. The customer chooses to place the order. They must then enter the necessary information for the invoicing and delivery of the products.
The customer is responsible for the information that they give. In the event of an error in the wording of the delivery address, neither CHARLES VIANCIN Group nor its website may be held liable for any inability to deliver the product(s).
The customer declares that they have the legal capacity to place an order, confirm their details and choose their payment method. The order is then validated and constitutes an irrevocable undertaking by the customer which may only be called into question only in the cases exhaustively set out in these terms and conditions.
The Products are supplied at the tariffs displayed on the website when the order is registered by the Vendor.
The prices are indicated on the US site in US Dollars, all taxes included.
The tariffs are firm and not revisable during their period of validity, as indicated on the website, the Vendor reserves the right, excluding this period of validity, to modify the prices at any time.
They do not include the costs of processing, dispatch, transportation and delivery, which are invoiced as a supplement, under the conditions displayed on the website and calculated prior to the order placement.
The payment requested from the Customer corresponds to the total purchase amount, including these costs.
4. PAYMENT CONDITIONS
The price is to be paid in full on the day of order placement by the Customer, using a secure payment method.
CHARLES VIANCIN Group has several payment methods available for their web customers: by bank card directly on the site via a secure payment system guaranteed by Adyen or by PayPal transfer through a Paypal account.
Shop.charlesviancin.com offers the Customer the possibility to record their bank details to pay their future purchases more quickly and effectively on the website.
Nevertheless, the Customer may be asked to provide the security code again for security reasons.
The Customer's bank details are not stored by CHARLES VIANCIN Group, but by our payment service provider on secure servers.
At any moment, the Customer can delete the recorded bank card details and/or add another bank card.
The Products ordered by the Customer will ship from our warehouse within 2 business days of placing the order online. Delivery timelines will vary based on delivery address. Orders ship from Lawrenceville, Georgia.
The delivery is constituted of the transfer of physical possession or control of the Product to the Customer. Except in specific cases or unavailability of one or several Products, the Products ordered will be delivered in one batch. The Vendor agrees to do it's very best to deliver the products ordered by the Customer by the deadlines specified above. However, these deadlines are given for information purposes only.
The deliveries will be ensured by an independent transporter, at the address provided by the Customer during the order, and which the transporter can easily access. The Customer is responsible for verifying the state of the delivered products.
If the package is delivered in a poor state or is damaged, it is the responsibility of the Customer to refuse it in order to make a claim under the warranty proposed by the transporter. In the case of refusal, it is recommended to contact the Vendor as soon as possible, so they can prepare a new order dispatch. In such a case, it is understood that the maximum delivery deadline stated in these General Terms and Conditions of Sale no longer applies. The Customer will be provided with a new delivery deadline.
When the packages seem damaged or the order is incomplete at delivery, the Customer is obliged to express reserves, on the delivery form presented to them by the transporter.
If the Customer has not received the full order before the end of the delivery deadline, or if the Products are damaged, the reserves issued by the Customer will allow them to enforce their rights.
In the event of an incomplete delivery or error in Products, the Customer should contact the Vendor by any means available as soon as possible, in order for said Vendor to recover the damaged or incorrect Products, at their own cost, and deliver new Products.
The Vendor will refund or replace as soon as possible and at its own expense, the delivered Products for which any non-conformity or visible or hidden defects have been duly proven by the Customer, under the conditions in Articles L 211-4 et seq. of the Consumer Code and those under these General Terms and Conditions of Sale (see warranties).
CHARLES VIANCIN Group informs the Customer that the conditions applicable upon delivery of their products comply with those exercised by the selected transporters.
6. RIGHT OF WITHDRAWAL
In accordance with statutory regulations, the Customer has fourteen (14) days from reception of the Product to exercise their right of withdrawal with the Vendor, without having to give any reasons or incur any penalties, for exchange or refund, under the condition that the Products be returned in their original packaging and in perfect condition within 14 days following the notification to the Vendor of the Customer's decision of withdrawal.
Returns should be made in their original and complete state (packaging, accessories, manual, etc.) allowing their re-marketing in new condition, accompanied by the purchase invoice and delivery form.
The right of withdrawal may be exercised upon simple request, by electronic mail to firstname.lastname@example.org or by written letter to CHARLES VIANCIN Group - 892 route de Vieugy, Chaux Balmont, 74600 SEYNOD, by a declaration, free of any ambiguities, expressing their wish to withdraw. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and delivery costs are refunded; the return remains at the Customer's expense.
Withdrawal Form template:
FROM (customer’s first name, last name and full address)
TO: CHARLES VIANCIN Group – 892 route de Vieugy, 74600 Seynod (France)
Hello, This letter refers to my order with the number [----] dated [----]. I have decided to exercise my right of withdrawal for [all/a part]* (please select) of this order.
This withdrawal regards the following products (please specify) I am returning these products to the Charles Viancin address indicated above.
With my best regards,
7. RESPONSIBILITY OF VENDOR – WARRANTY
The Products sold on the website conform to French regulations and are compatible with non-professional use.
The Products supplied by the Vendor are covered, without additional payment, exclusively of the right of withdrawal, in accordance with statutory regulations, by:
- the legal warranty of conformity, for Products which are visibly defective, damaged or which do not correspond to the order,
- the legal warranty against hidden defects resulting from a manufacturing, design or material defect affecting the delivered products and making them unsuitable for use,
To exercise these rights, the Customer must inform the Vendor, by written letter, of the non-conformity of the Products within a maximum period of two months from delivery of the Products or discovery of the presence of hidden defects.
The Vendor will refund, replace or repair the Products or components under warranty judged non-compliant or deficient. Dispatch costs will be refunded on the basis of the invoiced tariff and the return costs will be refunded upon presentation of appropriate documentation.
Refunds of Products considered non-compliant or deficient will be made as soon as possible and at the latest within 30 days following the recognition of non-conformity or hidden defect by the Vendor. The refund will be made by crediting the Customer's bank account.
The responsibility of the Vendor shall not be held liable in the event of:
- non-compliance with legislation in the country to which the products are delivered; this is the responsibility of the Customer,
- Improper use, professional use, negligence or lack of maintenance by the Customer, apart from normal wear and tear, accident or 'force majeure'.
The Vendor's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
8. DATA PROTECTION
In application of Law 78-17 of 6 January 1978, it is recalled that personal data requested from the Customer is required to process their order and establish invoices, notably:
This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management or payment of the orders.
In accordance with statutory regulations, the Customer is entitled to access, modify, correct and oppose any information concerning them by contacting email@example.com by e-mail or by mail at CHARLES VIANCIN Group 892 Route de Vieugy, 74600 Seynod (France).
This right may be exercised under the terms and conditions indicated on the website. It is also recalled here that accessing or remaining fraudulently within a computer system, to impede or distort the operation of such a system, to insert, modify or fraudulently change data in a computer system, are offences punishable by imprisonment and fines.
9. INTELLECTUAL PROPERTY
The content of the website is the property of the Vendor and their partners, and is protected by international laws concerning intellectual property.
Any full or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Notwithstanding, the Vendor remains owner of all intellectual property rights for photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) for the provision of Services to the Customer. Accordingly, the Customer shall refrain from making any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without express prior, written authorization of the Vendor who may make it conditional on financial compensation.
10. APPLICABLE RIGHT
These General Terms and Conditions of Sale and resulting transactions are regulated and subject to French law.
ALL DISPUTES WHICH MAY ARISE AS A RESULT OF SALES AND PURCHASING TRANSACTIONS UNDER THESE GENERAL TERMS AND CONDITIONS OF SALE, COVERING THEIR VALIDITY, INTERPRETATION, EXECUTION, CANCELLATION AND ANY CONSEQUENCES WHICH HAVE NOT BEEN RESOLVED BETWEEN THE VENDOR AND THE CUSTOMER, WILL BE SUBMITTED TO THE APPROPRIATE COURTS UNDER THE CONDITIONS OF COMMON LAW.
In the event of a dispute, an amicable solution will be sought beforehand.
The Customer is informed that they may, in any event, resort to conventional mediation, notably through the Consumer's Mediation Commission (Consumer Code Art. L 534-7) or through current sector mediation bodies, or through any other settlement method (e.g. reconciliation) in the event of a dispute.
12. LIMITATION OF LIABILITY
Whilst we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implies in relation to its accuracy.
The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
The Conditions shall be governed by and construed in accordance with the laws of France and you irrevocably submit to the exclusive jurisdiction of the French courts.
14. CUSTOMER SERVICE
For any further information or query, CHARLES VIANCIN Group Customer Service can be contacted by e-mail using the contact form or by written letter to CHARLES VIANCIN Group, Customer Service, 401 Park Avenue South, Ste. 832, New York, NY 10016, USA.