TERMS OF SALES
Enter the Viviska’ workshop,
42 Avenue Edmond Foucré, 33450 ST LOUBES
represented by Ms. Violaine MINTELLI
as an individual operator,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the page home page.
Hereinafter the "Seller" or the "Company".
And the natural or legal person purchasing the company's products or services,
Hereinafter, "the Buyer", or "the Customer"
On the other hand,
The following was stated and agreed :
The Seller is the publisher of Viviska Workshop Products and Services intended for consumers,
marketed through its websites (https://atelierdeviviska.fr). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties
in the context of the online sale of Products or Services offered by the Seller.
"Our general conditions of sale have been drawn up from a free model which can be downloaded from the site - https://www.donneespersonnelles.fr/"
Article 2: General provisions
These General Conditions of Sale (GTC) govern the sales of Products or
Services, carried out through the Company's websites, and are an integral part of the
Contract between Buyer and Seller. They are fully enforceable against the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T & Cs can be viewed on the Company's website at the following address: https://atelierdeviviska.fr/fr/content/-conditions-generales-de-ventes.
The Company also ensures that their acceptance is clear and unreserved by highlighting
place a checkbox and a validation click. The Customer declares to have taken cognizance of
all of these General Conditions of Sale, and, where applicable, of the Conditions
Particulars of Sale related to a product or a service, and accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or
validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros all taxes included and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller.
They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. If applicable also, delivery costs.
Article 4: Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:
Information on the essential characteristics of the Product; & # 8211; Choice of the Product, if applicable, of its options - Indication of the essential contact details of the Customer (identification, email, address, etc.); & # 8211; Acceptance of these General Conditions of Sale & # 8211; Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. Confirmation of the order will constitute the formation of this contract. & # 8211; Then follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. A .pdf copy of these general conditions of sale will be made available to him.
The customer will have during his order process the possibility of identifying
any errors made in entering data and correcting them. The language offered for the conclusion of the contract is French and English.
The terms of the offer and the general conditions of sale are sent by email to
the buyer when ordering and archived on the Seller's website. Where applicable, the
professional and commercial rules to which the author of the offer intends to abide are available for consultation in the "additional rules" section of these T & Cs, available on the atelierdeviviska.fr site
Seller at the following address: firstname.lastname@example.org
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide their true identification elements.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of goods, services and their respective prices are updated
available to the purchaser on the company's websites, as well as, where applicable, the
how to use the product. In accordance with article L112-1 of the Consumer Code, the
consumer is informed, by way of marking, labeling, display or any other
appropriate process, prices and special conditions of sale and performance of
services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order.
The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer.
The contractual information is presented in detail, in French and English. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in accordance with the contract and is responsible for
lack of conformity existing at the time of issue. It also responds to the faults of
conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. Civ.), The Seller reimburses or exchanges products that are defective or do not correspond to the order. Reimbursement can be requested as follows: Excluding shipping costs, you can send your product return request by email to the contact address email@example.com first, specifying your order number. The shipping details will then be clearly specified. Upon receipt of the product return and after verification of their original conformity, a credit will be generated and associated with a refund which will be sent to you by the payment method initially chosen when ordering (Paypal, Check, Transfer, Payment on site), you will receive a copy of the supporting documents at the customer address provided during registration. We remain reachable at the usual coordinates for all requests to this effect.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address which was indicated when ordering and within the deadlines indicated. These times do not take into account the time taken to prepare the order. When the delivery requires an appointment with the Customer: in this case, we ask you to contact the seller at the usual coordinates, to do so. When the Customer orders several products at the same time, they may
have different delivery times routed as follows: optionally, separate shipment of products with additional invoicing from the second shipment, by default, the order will be shipped as soon as all the products ordered are fully available.
In the event of a shipment delay, an email will be sent to you. In case of delay of
delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
Article 9: Availability and presentation
If an item is unavailable for a period exceeding 3 working days, you
you will be immediately notified of foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and cancellation of the order.
Article 10: payment
Payment is due immediately upon ordering, including for products in
pre-order. The Customer can make the payment by Paypal CheckOut, payment card or bank check.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the https network.
Once the payment has been initiated by the Customer, the transaction is immediately debited after
information verification. In accordance with the provisions of the Monetary and Financial Code,
the commitment to pay given by card is irrevocable. By communicating information
bank during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
Article 11: withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Purchaser
has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company as follows: by making contact within 24 hours of your order by email at firstname.lastname@example.org or by telephone 06 10 13 64 32. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for orders that have already been shipped. If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs remaining the responsibility of the Customer. Product returns are to be made in their original condition and complete (packaging, accessories); if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us here: email@example.com. Refund procedure: you can send your product withdrawal request by email to the contact address firstname.lastname@example.org, specifying your order number, within 24 hours, from the order. Upon receipt of your request, a credit will be generated and associated with a refund which will be sent to you by the payment method initially chosen when ordering (Paypal, Check, Transfer, Payment on site), you will receive a copy of the supporting documents at the customer address referenced during registration. We remain reachable at the usual coordinates, for all requests to this effect.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden product defects. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order placed. The reimbursement request must be made as follows : you can send your product return request by email to the contact address email@example.com first, specifying your order number. The shipping details will then be clearly specified. Upon receipt of the product return and after verification of their original conformity, a credit will be generated and associated with a refund which will be sent to you by the payment method initially chosen when ordering (Paypal, Check, Transfer, Payment on site), you will receive a copy of the supporting documents at the customer address provided during registration. We remain reachable at the usual coordinates for all requests to this effect.
The Seller reminds that the consumer: & # 8211; has a period of 2 years from the delivery of the good to act with the Seller & # 8211; that he can choose between the replacement and the repair of the good subject to the conditions provided for by the aforementioned provisions. apparently faulty or not matching & # 8211; that it is exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. & # 8211;
that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016, & # 8211; that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price ( provisions of articles 1644 of the Civil Code). Additional guarantees: none
Article 13: Complaints and mediation
If necessary, the Buyer can submit any complaint by contacting the company using the following contact details: firstname.lastname@example.org specify your order number.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the
consumer is informed that he can have recourse to a consumer mediator in the
conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in
if there is no response within two months, the consumer can submit the dispute to a mediator of his choice who will attempt in complete independence to bring the parties together with a view to obtaining an amicable solution.
Article 14: termination of the contract
The order can be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases:
- delivery of a product that does not comply with the characteristics of the
ordered ; - delivery exceeding the deadline set when ordering or, failing a date, within thirty days of payment; - unjustified price increase or product modification. In these cases, the buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the seller's obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. Seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals
physical with regard to the processing of personal data and the free movement of such data, the Seller implements a processing of personal data whose purpose is the sale and delivery of products and services defined in this contract. The Buyer is informed of the following:
- the identity and contact details of the controller and, where applicable, of the representative of the controller: the Seller, as indicated at the top of these GTC; - the contact details of the data protection officer; - the legal basis for the processing; contractual performance -
the recipients or the categories of recipients of the personal data, if they
exist: the data controller, his departments in charge of marketing, the departments in charge of in charge of IT security, the service in charge of sales, delivery and
order, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is foreseen - the retention period of the data: the period of limitation commercial - the data subject has the right to request from the data controller access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or the right to s '' oppose the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested during the order is necessary for the establishment of the invoice (obligation legal) and delivery of the goods ordered, otherwise the order cannot be placed. No decision
automated or profiling is only implemented through the ordering process.
Article 18: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 19: Consumer information
For the purpose of informing consumers, the provisions of the Civil Code and the Code of
consumption are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by
the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in
the year following the date on which the seller can be released from defects or defects in
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 responsible for any lack of conformity resulting from the packaging, the instructions for
assembly or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has
presented to the buyer as a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by 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 by two years from the delivery of the good.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller,
during the course of the commercial warranty granted to him during the acquisition or repair of movable property, a repair covered by the warranty, 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 update
provision for repair of the property in question, if this provision is subsequent to the
request for intervention.