The company SOAR Sarl in France markets Vannina Vesperini articles. Always keen to better meet the expectations of its customers, SOAR Sarl wanted to set up a remote sales network by telephone and electronic means (Internet) for some of its products.
In order to guarantee its customers an optimal level of service, SOAR Sarl wanted to offer a selection of items as part of distance selling, which can be consulted on this website.
The system thus put in place, which requires an active approach on the part of the customer, complies in all respects with the requirements for distance selling and, in particular, with articles L. 111-1, L. 112-1 and L. 221-1 et seq. of the Consumer Code.
The use of the distance selling process described in these General Conditions of Sale is reserved for consumers only, within the meaning given by the introductory article of the Consumer Code, that is to say "any natural person who acts for purposes which do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity", acting exclusively on their own account.
ARTICLE 1: SCOPE OF APPLICATION
These General Conditions of Sale are applicable to all sales of Vannina Vesperini items concluded either through the Customer Service set up by SOAR Sarl: Customer Service, 4 rue du Coteau 78490 Les Mesnuls, +33 (9) 52 74 63 43 or by email at studio@vesperini.fr, or via the merchant site www.vanninavesperini.com.
1.1 With regard to sales by telephone, any sale of Vannina Vesperini items through the Customer Service set up by SOAR Sarl is concluded under the condition of prior acceptance by telephone of these General Conditions of Sale by the customer.
1.2 With regard to sales by electronic means (Internet), the customer declares to have read these General Conditions of Sale. The customer will be asked to validate these General Conditions of Sale without restriction or reservation when validating their order. In accordance with the provisions of article 1127-1 of the Civil Code, these General Conditions of Sale may be kept by any person visiting the website www.vanninavesperini.com by means of a computer recording and may be reproduced by the means of their printing. SOAR Sarl reserves the right to make any modification to its General Conditions of Sale. However, orders will be governed by the General Conditions of Sale in force at the time said orders were placed by the customer. In the event that, after the date of its deletion from the website www.vanninavesperini.com, an obsolete version of the General Conditions of Sale nevertheless remained accessible to the public via other websites or by any means other than the website www.vanninavesperini.com or Customer Service, the latter would however no longer be enforceable against SOAR Sarl for orders placed after said deletion.
ARTICLE 2: IDENTIFICATION OF THE AUTHOR OF THE OFFER
SOAR Sarl, Limited Liability Company with capital of €500 euros registered in the Versailles Trade and Companies Register under number 842 981 292 .
Head office: 4 rue du Coteau, 78490 Les Mesnuls
VAT: FR46842981292
Tel: 09 52 74 63 43
Email: studio@vesperini.fr
ARTICLE 3: INFORMATION RELATING TO THE ARTICLES
Information relating to all VANNINA VESPERINI items that may be sold on the Site or via Customer Service is available on the website www.vanninavesperini.com.
This information complies with the requirements required by the legal and regulatory texts in force and, in particular, by articles L. 111-1 and L.112-1 of the Consumer Code and by the ministerial decree of December 3, 1987 "relating to inform the consumer about prices.
ARTICLE 4: TERMS OF ORDERING ITEMS
4.1 ORDERS BY TELEPHONE
Orders will be received, in French or English only, by SOAR Sarl Customer Service either (i) at +33 (9) 52 74 63 43 Monday to Friday from 9:30 a.m. to 6:30 p.m., except public holidays.
4.2 INTERNET ORDERS
Orders can be placed online on the merchant website www.vanninavesperini.com. The customer is responsible for telecommunications costs when accessing the Internet and using the site www.vanninavesperini.com
Customers have the possibility of obtaining additional information by contacting the Customer Service of the company SOAR Sarl by telephone.
The visuals of Vannina Vesperini products may be altered depending on the quality of the equipment used by the customer to access and use the website www.vanninavesperini.com. In this case, SOAR Sarl cannot be held liable. It is specified that the customer can always exercise his right of withdrawal in accordance with article 8 below.
To be able to purchase a product, the customer must complete an order form specifying certain mandatory fields so that their selection can be taken into account by SOAR Sarl.
In the event of prolonged inactivity during connection, it is possible that the selection of the articles chosen before this inactivity is no longer guaranteed. The customer will be invited to resume their product selection from the start.
All the steps necessary for the sale will be specified on the website www.vanninavesperini.com, in accordance with the provisions of article 1127-1 of the Civil Code.
In application of the provisions of article 1127-1 of the Civil Code, the customer will have the possibility, before definitively validating his order, to check the details of his order and its total price and to correct any errors, before confirming this to express its acceptance. From the moment the customer has validated his order, SOAR Sarl will acknowledge receipt of it without delay and electronically.
Only shipped items will be charged.
4.3 REFUSAL OF ORDERS
SOAR Sarl will be entitled to refuse any abnormal order, or any order from a customer with whom there is a dispute relating to the payment of a previous order. An abnormal order is defined by SOAR Sarl as an order containing more than 5 items per reference.
ARTICLE 5: PRICES OF ITEMS
The price of the items is inclusive of all taxes. Unless expressly stated otherwise when ordering on the website www.vanninavesperini.com or by telephone to Customer Service, the delivery costs of the items are borne by the customer.
The price including tax of each item that the customer would like to purchase, as well as the amount of transport costs relating to their delivery (if these transport costs are not covered by SOAR Sarl), will be communicated to them either during their call to SOAR Sarl Customer Service, or when connecting to the website www.vanninavesperini.com.
In accordance with the provisions of article L. 221-13 of the Consumer Code, the customer will receive, upon delivery, for each item, written confirmation of the contract including the price paid (price of the items and delivery costs on where applicable) as well as all the information provided for in Article L. 221-5 of the Consumer Code.
ARTICLE 6: PAYMENT CONDITIONS
Payment for the customer's purchases can be made by credit card (cards from the "CB", Visa, Mastercard network are accepted) or by Paypal.
If paying by credit card, the customer's credit card is debited at the time of the order.
To this end, the customer confirms to SOAR Sarl Customer Service, when ordering by telephone, and guarantees to the company SOAR Sarl, when ordering via the Internet, that he is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his or hers then communicates either by telephone or in a secure environment on the Internet, the number and expiration date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or front) of their bank card.
In the context of Internet payments, control will be carried out online with the competent banking establishments and organizations.
ARTICLE 7: DELIVERY CONDITIONS
It is understood that no deliveries can be made to hotels or post office boxes. Delivery of the items will take place after payment of the amount of the order has been recorded.
In accordance with the provisions of the Consumer Code, delivery of the items ordered will take place within the deadlines communicated by SOAR Sarl and, failing that
indication, in any case no later than 30 days from the order, subject to full payment of the price.
The costs applied to standard COLISSIMO deliveries (deliveries within 3-4 working days) are covered by SOAR Sarl for France.
Outside France, transport will be carried out by DHL, the transport price is the responsibility of the customer, the amount of which will be communicated to them prior to the validation stage of their order.
If, upon delivery, the external appearance of the package is not perfect, the customer will open it in the presence of the carrier in order to check the condition of the item. In the event of damage to the item, the customer will detail it precisely on the return slip, the provisions of article 11 below remaining otherwise applicable.
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
The customer benefits from the right of withdrawal provided for in articles L. 221-18 et seq. of the Consumer Code.
Thus, the customer may exercise his right of withdrawal, without having to give reasons for his decision, up to fourteen (14) days after:
- that the customer, or a third party other than the carrier and designated by the customer, has taken physical possession of the item concerned; Or
- if it is a contract relating to several goods ordered by means of a single order and if these goods are delivered separately, after the customer, or a third party other than the carrier and designated the customer, has physically taken possession of the last property.
In accordance with article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised in particular for orders relating to:
- the supply of goods made to customer specifications or clearly personalized:
- the supply of goods which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.
To notify their decision to withdraw, the customer must contact customer service before the expiration of the withdrawal period to the attention of SOAR Sarl - Customer Service, 4 rue du Coteau, 78490 Les Mesnuls or by email to the address: studio @vesperini.fr, or via the “Contact us by e-mail” form accessible on the website www.vanninavesperini.com.
The customer will have to reship the items at their expense.
The returned item(s) will be previously examined by the SOAR Sarl quality department. The customer will be notified of the reimbursement, or of the reasons for non-reimbursement and the terms of return of their items, by Customer Service within 10 working days from the removal of the products and in all cases, within a maximum period of 14 days from notification by the customer of the exercise of his right of withdrawal.
Reimbursement of the sums paid by the customer for the returned item(s) will be made, depending on the method of payment for the items, by credit to the customer's bank account corresponding to the bank card used for payment. or by transfer to the customer's bank or PayPal account. Pursuant to article L. 221-24 of the Consumer Code, additional costs paid by the customer and linked to their express choice of a specific delivery method will not be reimbursed (e.g. express delivery).
Furthermore, in the case of a gift, the right of withdrawal remains for the exclusive benefit of the customer and cannot under any circumstances be exercised by the recipient of the gift.
In all cases, the customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return slip. Items returned incomplete, damaged, damaged, soiled or in any other condition which would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the customer. Your liability is only incurred with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
For all returns, return costs are the responsibility of the customer . You must first send us a message to notify us of your return. To ship the item back to us, we will send you a return label. Upon receipt and inspection, we will reimburse you by deducting the return costs of €15 including tax (€10 return costs + €5 restocking costs) from your refunded amount.
ARTICLE 9: ABSENCE OF EXCHANGE
Apart from the right of withdrawal provided for in article 8 above, the customer is informed that no exchange of items will be made by SOAR Sarl.
ARTICLE 10: COMPLIANCE AND GUARANTEE
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not conform to their order, the customer must inform SOAR Sarl Customer Service by telephone, the contact details of which are mentioned in article 2 hereof.
SOAR Sarl remains liable for defects in conformity of the goods with the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Code civil.
When acting under the legal guarantee of conformity, the customer:
- benefits from a period of two years from the delivery of the property to take action;
- can choose between repairing or replacing the goods, 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 lack of conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The customer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with in article 1644 of the civil code.
SOAR Sarl remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
Reminder of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code and articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of 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. »
Article L.217-5 of the Consumer Code:
“To comply with the contract, the property must:
- If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article L.217-16 of the Consumer Code:
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
Article 1641 of the Civil Code:
“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 buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
Article 1648 of the Civil Code, first paragraph:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
ARTICLE 11: COMPLAINTS AND INFORMATION
For any information, complaint or question relating to the Mail Order Conditions put in place by SOAR Sarl or to the items themselves, customers should contact SOAR Sarl Customer Service (4 rue du Coteau, 78490 Les Mesnuls) by telephone: +33 (9) 52 74 63 43 or on the website via the “contact us” form, recalling their order number if necessary.
ARTICLE 12: ELECTRONIC FILES AND PROTECTION OF PRIVACY
As part of the management and monitoring of orders placed with Customer Service or through this website www.vanninavesperini.com, the company SOAR Sarl is required to collect and process personal data relating to its customers . You can obtain the name and address of the entity responsible for processing in your jurisdiction by sending an email to studio@vesperini.fr. This information, intended for people authorized by their function to know it within the company SOAR Sarl, and where applicable, to authorized third parties, is necessary for the processing and monitoring of the customer's requests or orders, in order to better respond. to his expectations as well as the prevention of any fraudulent use of his means of payment or his identity.
In accordance with the Regulations on the Protection of Personal Data (“Informatics and freedoms” law mentioned above, European Data Protection Regulation of April 27, 2016 and any national law required to supplement it), any person whose data is subject to processing has a right of opposition for legitimate reasons, a right of access, as well as a right to rectify, limit or delete information concerning it which is no longer relevant, a right to portability, a right of opposition at any time in the context of an opposition to the use of data for commercial purposes, as well as a right to communicate directives relating to the fate of one's data after his death. These rights can be exercised according to the terms indicated in the “Privacy Policy” of this website accessible at the address below.
Depending on the choices made when creating or consulting their accounts on the Internet, customers will be likely to choose whether they wish to receive offers from SOAR Sarl, or be informed of particular operations via e-mail. If a customer no longer wishes to receive these offers, they can request this at any time by clicking on an electronic link available on the emails for this purpose, or by modifying their account directly on the website www.vanninavesperini.com
We attach the greatest importance to the protection and security of our information systems. Tools have been put in place to enable us to detect possible security vulnerabilities. These tools may incidentally lead to access to personal data by our security teams. This data will be collected and processed for the exclusive purposes of managing these vulnerabilities and in compliance with the applicable regulations on the protection of personal data.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
The Vannina Vesperini brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on Vannina Vesperini articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of SOAR Sarl. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of SOAR Sarl, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same will apply to all copyrights, designs and models, patents which are the property of SOAR Sarl.
ARTICLE 14: FORCE MAJEURE
The execution by SOAR Sarl of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure within the meaning of article 1218 of the Civil Code which would hinder or delay its execution.
SOAR Sarl will inform the customer of a similar fortuitous event or force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen (15) days, the customer would then have the possibility of canceling the current order, and it would then be reimbursed within 10 days from said date. termination.
ARTICLE 15: DISPUTES AND APPLICABLE LAW
These General Conditions of Sale are subject to French law. In the event of a difficulty arising during the ordering or delivery of Vannina Vesperini items, the customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the help of a consumer association. or any other counsel of its choice, or to resort to any other alternative dispute resolution method. Any dispute likely to result from the interpretation or execution of these General Conditions of Sale and its consequences will be subject to the exclusive jurisdiction of the French courts.
The customer can initiate the mediation process via the online dispute resolution platform of the European Union website.
ARTICLE 16: WITHDRAWAL FORM
To the attention of SOAR Sarl - Customer Service, 4 rue du Coteau, 78490 Les Mesnuls, or by email at studio@vesperini.fr, or via the “Contact us by e-mail” form accessible on the site Internet www.vanninavesperini.com.
ARTICLE 17: SPECIAL CONDITIONS OF SALE FOR PERSONALIZED ITEMS
SOAR Sarl offers an online personalization offer for certain products. The customer can access this offer: by clicking on the “Custom-made” menu.
The Special Conditions for distance selling of these products are described below. All provisions of the General Conditions of Sale above not modified by these Special Conditions remain applicable.
17.1 ORDERING PROCESS
By way of derogation from the provisions of article 4 of the General Conditions above:
Personalized items can only be ordered via the website www.vanninavesperini.com, excluding any orders placed by telephone to Customer Service. The customer is informed that, when using this service on the website, their creation choices are only stored for the duration of their session. If the customer interrupts his session before finalizing his order, he will be invited to resume his creation choices from the start when he logs in again.
Once the order has been validated by the customer on the website, a bank capture is carried out, and the customer is debited for the amount of their order. The customer will then receive an email informing them of the shipment of the items.
17.2 DELIVERY
By way of derogation from the provisions of article 7 of the General Conditions above:
Delivery of personalized items takes place no later than twelve (12) weeks from the day following the order, subject to full payment of the price.
17.3 RETURN AND EXCHANGE OF PERSONALIZED ITEMS
Given their clearly personalized and/or made-to-order nature, the items covered by these Special Conditions cannot be refunded or exchanged. Consequently, article 8 of the General Conditions above is not applicable to these personalized and/or made-to-order items. Notwithstanding the above, the customer continues to benefit from the guarantees provided for in article 10 of the General Conditions above.