GENERAL CONDITIONS OF INTERNET SALE
CONDITIONS OF USE OF THE WEBSITE

ARTICLE 1 - Application - DEFINITIONS

 

These General Terms of Sale ('CGV') apply, without restriction or reservation to all sales concluded by Full Concept Solutions  ('The Seller') to consumers and non-professional buyers ('Customers or Customer') who wish to acquire the Products  offered for sale by the Seller ('The Products') on the website www.viv-france.com  They govern the terms of use of the Website and specify, among other things, the conditions for ordering, paying, delivering and managing any returns of  products  ordered by Customers.

 

When used in these GVCs, the following terms will have the following definition.

 

Customer:

refers to any individual or legal person who is a consumerand/ornon-professional purchaser who acts for purposes not part of his professional activity (commercial, artisanal or liberal), aged at least 18 years, who has registered to the online account and who has ordered at least once on the site.

 

ID:

 

refers to the email address needed to identify the User on the Site to access their account.

 

Password:

 

refers to the succession of characters that the User must keep secret and allow him, with his ID, to access his online account.

 

Internet provider:

 

refers to the Seller's internet provider (creator of the Site and/or host)

Products:

 

refers to the products  offered for sale on the Website, namely  men's or women's fashion accessories (belts, bracelets, small leather goods,...) .

 

Website:

designates the website www.viv-france.com

 

User:

refers to anyone who uses the Site and the services offered on the Site.

 

Seller:

refers to Full Concept Solutions, a limited liability company with a capital of 159,000euros, headquartered at 58 George S Streetand  37000 Tours, registered in the Register of Trade and Tours Companies under the number SIREN 529 095 911.

SIRET 52909591100051

Intra-community N uméro FR18529095911

Code NAF 4791A: Distance sale on general catalogue.

Contact email[IA1]  address:  contact@viv-france.com

 

Full Concept Solutions  owns  the trademark VIV  France.

 

 

 

The main features of the Products, including specifications, illustrations and indications of the size or capacity of the Products, are presented on the Website.

The customer is required to read it before any ordering is taken.

Choosing and purchasing a product is  the customer's sole responsibility.

The photographs and graphics presented on the Website are not contractual and cannot be held liable by the Seller. Small differences in hues may occur depending on the leathers or surface treatments used.

The Customer is required to refer to the description of each product in order to know its properties and essential characteristics.

Product offerings are within the limits of available stocks, as specified when ordering.

These Terms of Sale apply to the exclusion of all other conditions, including those applicable for in-store sales or through other distribution and marketing channels.

These General Terms of Sale are available at any time on the Website and will prevail, if necessary, over any other version or other conflicting document.

The Customer states that he has been aware of these General Terms of Sales and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms of use of the Website. The validation of the order by the Customer is worth accepting without restriction or reservation these General Terms of Sale.

As these General Terms of Sale may be subject to further changes, the version applicable to the purchase of the Customer is the one in effect on the Website on the date of the order. Changes to these Terms of Sale are enforceable to users of the Website as of their online release and may not apply to previous transactions.

 

Unless there is evidence to the contrary, the data stored in the Seller's computer system is evidence of all transactions with the Customer.

 

The Customer acknowledges that he has the capacity to contract and acquire the products offered on the Website.

 

The products presented on the Site Internet are offered for sale for  metropolitan France.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the affected products.

For all products shipped outside the European Union and DOM-TOM, the price will be calculated tax-free automatically on the invoice.

Tariffs or other local taxes or import duties or state taxes may be payable. They will be in charge and are the sole responsibility of the Customer.

 

ARTICLE 2 - CONDITIONS of ACCES AND SITE UTILISATION

 

The Site is accessible free of charge to any User with internet access.

 

The User is responsible for his computer equipment as well as his access to the internet. All costs related to access to the Site remain the responsibility of the User/Client.

 

Users will only be able to access their account after identification using their ID and password. Users are required to keep their Password and IDs secret and must not share them with a third party.

 

The Seller will use all means to ensure access to the Site 24 hours a day, 7 days a week, but cannot be held responsible for any problems, malfunction of the Site that would prevent any access to the Site and/or the various services offered by the Seller.

 

Users can create an account on the site if they want to access and take advantage of the following services/offers:

 

 

• Place an order;

• Submit a notice for an item;

• Receive information about Produits and services marketed by the Seller and any promotions or commercial actions.

 

The creation of an account on the Site is reserved for any individual at least 18 years of age. Each User can only create one account.

 

To create the account, the User will have to fill out a form containing the following mentions: email address, civility, name, first name, gender, date of birth, full delivery address, telephone number.

 

The User and/or Customer is committed to providing complete and accurate information. Any impersonation or false identity may lead to the closing of the account and may result in prosecution. Multiple registrations, use of the account by several people or other fraudulent actions may result in the termination of registration

The creation of an account on the Site takes away the processing of personal data in accordance with the stipulations of Article 10 below.

 

ARTICLE 3 - DISPONIBILITES -  Orders

 

Contract information is presented in French and will be confirmed no later than the time your order is validated.

 

Product offers are valid as long as they are visible on the Site, within the limits of availablestocks. The Seller is not intended to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same product in large quantities.

 

The time required to manufacture the products  is mentioned on the "descriptive sheet." In the event of a product's unavailability beyond the contractually specified deadline, VIV France will notify the  Customer as soon as possible by email or mail.

 

VIV France reserves the right not to register a payment, and not to confirm an order for any reason, especially in case of supply problems, or in case of difficulty regarding the order received.

 

3.1 Ordering

 

It is up to the Customer to select on the website the products he wishes to order in his shopping cart and then validate his order, according to the following terms:

 

• The User chooses the model he wants to acquire and, if necessary, the size and color;

• In the basket, the customer  will have access to the detail of his order, namely the exact description of the product ordered and its price;

• The customer must then verify the specifics of the order (color, quantity, size, price, etc.) with the possibility of modification, addition or even deletion of certain items;

• On the first order, the user will have to fill out an account creation form with a password;

• The customer will then have the choice of payment method, the type of delivery, the delivery address;

• Following the choice of payment method, the Customer will have to definitively and irrevocably validate the order. Any validated order entails a payment obligation.

• An order confirmation email is sent worth final sale after cashing in the full price (which is not a deposit payment). [u2] 

 

The registration of an order on the Site by the Internet Provider is made when the Customer accepts these General Terms of Sale by checking the box provided for this purpose and validating his order. The Customer has the opportunity to verify the details of his order, his total price and to correct any errors before confirming his acceptance (Article 1127-2 of the Civil Code). It is the responsibility of the order to verify the accuracy of the order and to immediately report or correct any errors. This validation implies the acceptance of all of these General Terms of Sale and the terms and conditions of use of the  Site  Internet.

 

The sale is final only after the Customer has been sent confirmation of the acceptance of the order by the Seller by e-mail, which must be sent without delay and after the seller receives the full price  and after the customer receives the entire deposit due.

 

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the above terms described, on the Website constitutes the formation of a contract concluded remotely between the Customer and the Seller.

 

Unless there is evidence to the contrary, the data stored in the Seller's computer system is evidence of all transactions with the Customer.

 

The Seller is not intended to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs.

 

The Seller therefore reserves the right to refuse orders for the same product in large quantities.

 

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

 

Customers will be able to follow the progress of their order on the website.

 

3.2 Changing the order

 

No changes to the order by the Customer can be taken into account by the Seller once the order has been validated and the payment has been made.

 

3.3 Cancellation of order

 

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except for the exercise of the right of withdrawal or force majeure.

 

ARTICLE 4 - Rates

 

The products are provided at the current rates on the Website, when the order is registered by the Seller. Prices are expressed in Euros, HT and TTC. The rates take into account any reductions that would be granted by the Seller on the Website.

 

Prices of products and shipping costs are shown in euros, all taxes included for products sold in the Euro area. In case of order to a country other than metropolitan France you are the importer of the  affected products. Customs duties,VAT, or other local taxes or import duties or state taxes may be payable. These rights and sums are not within the sellers' purview. They will be your responsibility and your full responsibility, both in terms of declarations and payments to the relevant authorities and agencies in your country. We advise you to find out more about these aspects with your local authorities.

 

These rates are firm and not reviewable during their validity period, as stated on the Website, with the Seller reserving the right, outside this period of validity, to change prices at any time. They do not include processing, shipping, transportation and delivery costs, which are charged extra, under the conditions listed on the Website and calculated prior to the ordering.  If the Customer requests a faster or more expensive shipping mode than the standard shipping, the additional delivery costs, as they appear at the time the customer validates the order, are entirely at their expense.

 

The payment requested from the Customer is the total amount of the purchase, including these fees.

 

An invoice is drawn up by the Seller and given to the Customer first by e-mail when payment and then at the delivery of the Products.

 

The sum is payable in full and in a single payment to the order. All orders are billed and payable in Euros only.

 

ARTICLE 5 - Payment terms

 

The price is payable in cash, in full on the day the customer places the order, by secure payment, according to the following terms:

• Credit card payment: Visa, MasterCard, American Express, other blue cards

The Customer provides the credit card number associated with the expiry date and CVX code. He finally validates his order by clicking on the "Confirm" button. To secure the payment, in some cases, the confirmation of the payment is only after entering a 3D-Secure code provided by the bank

Not accepted: exclusive withdrawal cards and prepaid cards.

• Payment by PayPal

Any PayPal account holder can make the payment online, through that account, simply by indicating the email address and password PayPal. The Cleint's account    will be debited on the day of its order. Payment is made on our partner's secure bank server (PayPal).

 

To ensure payment security, the Seller uses LYRA'ssecure paymentservices, which meet the SSL security standard. The Customer's confidential data (card number, expiry date, cryptogram) is encrypted and transmitted directly to the bank's server, without transiting through the Seller's servers. When the order is validated, the payment request is routed in real time to the secure telepayment manager. The latter sends a request for authorisation to the credit card network. The telepayment manager issues an electronic certificate that will be worth proof of the amount and date of the transaction in accordance with the provisions of section 1353 and following of the Civil Code.[u3] 

 

In the event of a delay in payment and payment of the sums incurred by the Customer beyond the above deadlines, and after the payment date on the invoice addressed to the customer, late penalties calculated at the statutory interest rate plus 5 points calculated on the TTC amount of the  purchase price, plus the shipping fee, contained on the invoice, will be automatically acquired and as of right to the Seller, without any formality or

 

In addition, any late payment entails, as a matter of right, a lump sum payment of forty (40) Euros, without prejudice to late penalties.

 

The delay in payment will also result in the immediate payment of all the sums owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring against the Customer.

 

Payments made by the Customer will only be considered final after the seller has received the money due.

 

In addition, the Seller reserves the right, in the event of non-compliance with the payment terms listed above, to suspend or cancel the delivery of the current orders made by the Customer.

 

No additional charges, higher than the costs incurred by the Seller for the use of a means of payment, will be charged to the Customer.

 

The delay in payment will result in the immediate payment of all the sums owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring against the Customer.

 

The same applies to any abusive litigation implemented through PayPal services.

 

ARTICLE 6 - DELIVERIES

 

The products will be delivered to the delivery address in metropolitan France and outside Corsica indicated by the Customer when ordering on the website in colissimo.

 

If the delivery address is not filled in at the time of registration, the order will be delivered to the billing address. In the event of an error in the wording of the contact information, the Seller cannot be held responsible for the impossibility in which it might be, to deliver the product.

 

Products are delivered to the delivery address indicated during the ordering process, within the time frame shown on the "time and delivery" page.

 

The terms and charges for delivery are detailed on the website, in the "Delivery" section.

 

In the event of a delay in shipping, an email will be sent to inform the Customer of a possible consequence on the delivery time that has been indicated.

 

The payment of the order in its entirety is worth accepting the shipping costs and will not be subject to a subsequent claim.

 

The Seller undertakes to make his best efforts to deliver the products  ordered by the Customer within the specified time frame; these deadlines are communicated purely as an indication. However, if the products ordered have not been delivered within  30 days of the indicative delivery date, for any cause other than force majeure or the customer's action, the sale may be resolved at the Customer's written request to the Seller under the terms of articles L 216-2  and  L 216-3 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days after the date of the denunciation of the contract (unless the delivery took place before receiving the recommended letter with acknowledgement), excluding any compensation or withholding.
 

Upon receipt of the order, the Customer must check the contents of the package and the condition of the package and make any reservations with the carrier in case of missing or degrading.

 

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or the unavailability of one or more Products, the products ordered will be delivered in one go.

 

The Customer is required to check the status of items delivered at reception.

 

Any anomaly concerning the items (damage, missing item in relation to the purchase order, damaged or open parcel, broken item, etc.) must be written to the seller within 3 days of delivery by mail or email to the following email address: contact@viv-france.com. [IA4] The written word should mention any reservations or claims for non-compliance or apparent defect of the products delivered (e.g. damaged parcels already opened ...), with all the relevant documentation (photos in particular). After this period and failing to comply with these procedures, the Products will be deemed compliant and free of any apparent defects and no claim can be validly accepted by the Seller. The Seller will refund or replace, as soon as possible and at its own expense, the products delivered whose apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these General Terms of Sale (see guarantees, among others).

 

Deliveries are provided by an independent carrier, at the address mentioned by the Customer during the order and to which the carrier can easily access. The Seller  cannot be held responsible for delayed delivery due to the unavailability of the  Clink at the timeof delivery.

 

When the Customer has taken care of the use of a carrier that he chooses himself, the delivery is deemed to be made as soon as the Products ordered by the Seller to the carrier have been handed over to the carrier which has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse as collateral against the Seller in the event of a failure to deliver the goods transported.

In the event of a special request from the Customer regarding the conditions of packaging or transport of the products  ordered, duly accepted in writing by the Seller, the costs related to it will be subject to a specific additional billing, on a quote previously accepted in writing by the Customer.

 

ARTICLE 7 - Transfer of ownership

 

The transfer of ownership of the Seller's Products, to the customer's benefit, will only be carried out after the customer has paid the full price, regardless of the delivery date of those Products.

 

Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration related to them will not be carried out until the Customer physically takes possession of the Products. The Products therefore travel at the seller's peril.

 

ARTICLE 8 - Right of withdrawal - RETOURS

 

8-1 Legal retraction period

In accordance with the applicable legal provisions, the Customer has a legal period of fourteen days from receipt of the Products to exercise his right of withdrawal to the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Seller of the decision to withdraw.

 

Returns are to be made in their original and complete state (packaging, accessories, notice ...) allowing them to be put back on the market in new condition, accompanied by the purchase bill.

Damaged, soiled or incomplete products are not taken back.

 

The right of withdrawal may be exercised online, using the retraction form available on the Website, in which case an acknowledgement on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to retract. It may also be exercised by sending the following retraction form as an appendix to these CGVs, or by any other means that unambiguously express the Client's willingness to retract.

 

It will be recalled that under the provisions of Article L221-22 of the Consumer Code, the burden of proof of retraction on time is on the Customer.

 

If the right of withdrawal is exercised within the aforementioned time frame, only the price of the purchased products and the delivery costs are refunded; return costs remaining at the Customer's expense.

The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the Products returned by the Customer or the date of receipt of proof of the shipment of those goods by the Customer, the date chosen being that of the first of these facts, to reimburse the Customer the full amount paid, including the delivery fee.

For shoes, it is imperative not to use the shoebox but to provide a package for shipping. Indeed, the original shoebox is an integral part of the item to be returned.

The liability of the Client can only be incurred in the event of impairment of the assets resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these assets.

 

Thus, return will only be accepted, in the three cases referred to above, if and only if:

• The product (s) has never been (have) been carried. The product (must) be in a new condition;

• The returned product corresponds to the product delivered;

• The label of the returned product has not been removed;

• The product (s) is returned in its original packaging in good condition, all in a properly closed package.

 

8-2 Non-compliant and defective products

In the event of non-compliance or defects reported within three days  of receipt by Colissimo, in accordance with the stipulations of Article  6  of these CGV, the Customer may return the items  to the Seller.

 

In this case, the Seller will cover the return costs made by Colissimo or Relais Colissimo. All other modes of return are the responsibility of the Customer.

 

Upon receipt of the items, the Seller will check the reason for non-compliance or defects. If this is proven, the price paid by the Customer, including the delivery fee corresponding to the defective or non-compliant item, will be refunded within 14 days of receipt by the Seller of theitem.

 

If the reason for non-compliance or defect is not proven, the Seller  will immediately notify the Customer and the item concerned will be returned to him within 14 days of receiving the item by the Seller.

 

8-3  Other returns

If a parcel is returned to the Seller  with the word "Unclaimed," "Does not live at the address indicated" or "Refused,"  the Seller will refund the price, excluding the delivery fee, within fourteen days of the carrier returning the package.

 

Customers will be able to opt for a new shipment, by informing a compliant address and re-settling the delivery costs, as stipulated in Article 6.

 

ARTICLE 9 - Seller's Responsibility - Guarantee

 

For all stages of access to the site, consultation, filling out forms, ordering, delivery of items or any other service, the Seller has only an obligation of means. Accordingly, the  Seller cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network and totally outside the diligences and precautions taken by the Seller.

 

In particular, any disruption in the provision of the service, or any external intrusion or presence of computer viruses, cannot incur the responsibility of the Seller. Similarly, any fact described as force majeure within the meaning of the jurisprudence of the Court of Cassation completely absoners  the Seller of any liability.

 

The Site contains hyperlinks that can refer to other websites. TheSeller's respoability cannot be incurred for the content of these websites if they violate the applicable legal and regulatory provisions.

 

Products sold on the Website  comply with the regulations in force in France and have performance compatible with non-professional uses.

 

Products provided by the Seller are entitled to and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions,

• legal compliance guarantee, for products that appear to be defective, damaged or damaged or do not correspond to the order,

• Legal safeguard against hidden defects adging material, design or manufacturing defect affecting the products  delivered and rendering them unfit for use,

under the terms and conditions covered in the box below and set out in appendix to these General Terms of Sale (Guarantee of Compliance / Guarantee of Hidden Vices).

 

It is recalled that as part of the legal guarantee of compliance, the Customer:

• has two years from the time the property is issued to act against the Seller;

•  may choose between repairing or replacing the ordered product, subject to the cost conditions set out in Article L 217-9 of the Consumer Code;

• is exempt from reporting evidence of the product's non-compliance during the twenty-four months from the issuance of the property unless evidence to the contrary is provided by the Seller and except for second-hand goods.

 

The legal guarantee of compliance applies regardless of the commercial guarantee that may possibly cover the Product. Customers may decide to implement the Product Hidden Defects Guarantee in accordance with Article 1641 of the Civil Code; in this case, it can choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.

 

It is, however, specified that the Seller  does not, at the end of these CGVs, grant any commercial guarantee to the Customer on the goods purchased.

 

The absence of a commercial guarantee cannot, however, deprive the Customer of the benefit of the above legal guarantees.

 

In order to assert its rights, the Customer must inform the Seller, in writing, of the non-compliance of the Produits within a maximum of 3 days  from the delivery of the Products or the existence of the defects hidden within the above deadlines and return or bring back to the store the defective products in the state in which they were received with all the items (accessories, packaging,notice...).

The Seller will reimburse, replace or repair products or warranty parts deemed non-compliant or defective.

 

The shipping costs will be refunded on the basis of the rate charged and the return fee will be refunded upon presentation of the vouchers.

 

Refunds for products deemed non-compliant or defective will be made as soon as possible following the Seller's finding of non-compliance or hidden defect.

 

The refund will be made by credit to the Customer's bank account or by bank cheque to the Customer.

The Seller cannot be held liable in the following cases:

• non-compliance with the laws of the country in which the products  are delivered, which it is up to the Customer to verify,

• in case of misuse, use for professional purposes, negligence or failure of maintenance on the part of the Customer, such as in case of normal wear of the Product, accident or force majeure.

 

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or affected products of a defect.

 

 

 

 

ARTICLE 10 - Computers and Freedoms

 

Under Law 78-17 of January 6, 1978 amended by Law 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary to process his order and to file invoices, among other things.

 

The term "personal data" refers to all data that can identify an individual, which includes the name, first name, telephone number, date of birth, gender, email address, postal address and any information that the Customer chooses to provide to the Seller about him.

 

For the purpose of combating fraud, the Seller is also likely to retain information relating to transactions made on its sites, including a truncated portion of the bank card numbers used to carry out such transactions and their expiry date.

 

Personal data is collected to meet one or more of the following purposes:

- Manage orders on the Site;

  - Manage the Customer Relationship;

- Develop trade statistics, conduct market and behavioural studies;

- Build and manage lead files, including technical operations such as standardization, enrichment and duplication;

- Select a Client to carry out prospecting and promotional activities;

- Send solicitations and promotional messages from the Seller. Customers can opt out of these offers at any time by clicking on the link provided for this purpose at the bottom of the emails concerned;

- Respect the legal and regulatory obligations on the Seller;

- Fighting fraud.

 

The processing of information provided through the Website meets the legal requirements for the protection of personal data, the information system used to ensure optimal protection of that data.

 

The person responsible for collecting the data is the Seller whose information is recalled in Article 15  below.

 

Only the Seller and the external companies contractually linked to the Seller for the processing of the Customer's order have access to the information provided. The categories of persons who will have access to personal data within the Seller are, within their respective responsibilities, the commercial service, administrative services, the technical department, the supervisory services (accounts commissioner, internal control procedures, etc.) and the Internet Provider.

 

Public bodies may also receive personal data, exclusively to meet legal obligations, judicial assistants, departmental officers and debt collection agencies.

 

All useful precautions are taken to preserve the security of personal data and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties.

 

The Seller reserves the right to sell commercially the data he has collected on the Site if the Customer has checked the word "I wish to receive the business information of the partners". The Seller may then be required to transfer the data to foreign companies. It undertakes to disclose this data only to foreign companies that have the same level of data protection as France and the European Community.

 

The collected data is kept for a period of five years from the last transaction made on the Site or the last update of the Customeraccount, with the exception of truncated bank card numbers and their expiry dates, which are kept for only thirteen months for the purpose of fighting fraud.

 

In the absence of a new transaction or update of the Customer Account within the five-year period, Customer data is automatically deleted.

The CVX cryptogram is systematically destroyed after actual, complete and unchallenged transaction.

 

The Seller measures the number of page views, the number of visits and the activity of visitors to the site and their frequency of return by the use of "cookie" technology.

A cookie does not identify the Customer. It records information about browsing the Client's computer on the Site (the pages viewed, the date and time of the consultation, etc.) and being able to read it during subsequent visits.

 

The data collected by cookies is only and strictly intended for internal use and is never transmitted to third parties.

 

The use of cookies, clean or third party, is not necessary to operate the site requires express consent on the part of the Customer. The manifestation of consent or opposition to the use of cookies is done by setting up the browser appropriately.

 

Some cookies called "advertising cookies" can track the customer's browsing and save the products  seen, and then within a maximum of 90 days to present banner ads related, or not, to past browsing. These cookies are linked to the customer's internal profile (without being able to identify them).[u5] 

 

When the Client discloses personal data, he expressly gives consent to collect it and use personal data.

 

For legitimate reasons, the Customer may object to the processing of the data that concerns him.

 

The Client has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, portability opposition and limitation of treatment with regard to the information concerning him.

 

This right may be exercised under the conditions and according to the terms set out on the Website.

 

ARTICLE 11 - Intellectual property

 

The content of the Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

 

Any full or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.

 

In addition, theSeller still owns all intellectual property rights on  texts, comments, books, illustration s,images,  photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the customer's request) for the provision of the Products to the Customer. The Client therefore prohibits any reproduction or exploitation of these studies, designs, models and prototypes, etc., without the express, written and prior permission of the Seller who may condition it on a financial consideration.

 

 

 

 

 

ARTICLE1 2  -  Force majeure

 

Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herethly, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code and within the meaning of the jurisprudence of the Court of Cassation.

 

The party observing the event must immediately inform the other party of its inability to perform its performance and justify it to the latter. The suspension of the obligations cannot in any way be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or late penalties.

 

The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Therefore, as soon as the cause of the suspension of their reciprocal obligations disappears, the parties will make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the prevented party will notify the other of the resumption of its obligation by recommended letter with request for notice of receipt or any extrajudicial act. If the impediment is final,this will be resolved outright.

 

During this suspension, the parties agree that the costs incurred by the situation will be borne by the prevented party.

 

ARTICLE 13  - Applicable law - Language

 

These Terms of Sale and the resulting transactions are governed by French law.

 

They are written in French. In the event that they are translated into one or more languages, only the French text would be authentic in the event of a dispute.

 

ARTICLE1 4  -  Litigation

 

Any disputes to which the purchase and sale transactions concluded under these terms and conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved between the Vendeur and the  Cbind will be submitted to the competent courts under the conditions ofcommon law.

 

The Client is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code Article  L 612-1) or with existing sectoral mediation bodies, whose references appear on the  Website or at any alternative method of dispute resolution (conciliation, for example) in the event of a dispute,provided thatit has first attempted to resolve the dispute amicably by a written complaint made by letter recommended with thedefendant's head office.

 

The Consumer Ombudsman must be seized, barely inadmissibility, no later than one year from receipt of this written claim.

 

The client, finding that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in article 43 ter of the Computer Law and Freedom of 1978, in order to obtain against the person responsible for processing or subcontractor, compensation before a civil or administrative court or before the National Commission of Information And Freedoms.

 

The Seller reports to the following mediators:

 

********[u6] 

 

 

ARTICLE 15  -  Pre-contract information - Customer acceptance

 

The fact that a natural person (or moral) orders on the Website  brings full membership and acceptance of these General Terms of Sale and obligation to pay for the products ordered, which is expressly recognized by the Customer, who renounces, in particular, to avail himself of any contradictory documents, which would be unesuitable for the Seller.

 

Regarding any questions relating to the customer's after-sales service and the purposes of the Exercise (in accordance with the Computer Science and Freedoms Act of January 6, 1978) of the right of access, rectification, and opposition to all of his personal data, the Seller states that his contact information is as follows:

Full Concept Solutions limited liability company with a capital of 159,000 euros

Headquarters: 58 George Sand Street - 37000 Tours

Registered at the TOURS RCS under the number SIREN 529 095 91

Code NAF 4791A: Distance sale on general catalogue.

Website: www.viv-france.com

Contact email address:  [IA7] contact@VIV-france.com

Company SIRET number: 52909591100051

Intra-EU VAT number: FR 18 529 095 911

 

For the exercise of his rights, the Client will be able to write by mail to the Company's head office.

 

As part of the loyalty requirements, in good faith and pre-contract information referred to in Articles 1112 and following of the Civil Code, the Customer acknowledges that he has been communicated, prior to the purchase or placing of his order and the conclusion of the contract, in a clear and understandable manner, these General Terms of Sale and all the information listed in Article L 221-5 of the Consumer Code and in particular the following information:

- the essential characteristics of the product, taking into account the communication medium used and the product concerned;

- the price of products and ancillary costs (e.g. delivery);

- in the absence of immediate execution of the contract, the date or time at which the Seller undertakes to deliver the product, regardless of its price;

- information relating to the identity of the Seller (social name, geographical address of the establishment and, if it is different, that of head office), its postal, telephone and electronic contact information, and its activities, if they do not come out of the context;

- the existence and procedures for exercising the legal guarantee of compliance under Articles L 217-1 of the Consumer Code, the guarantee of hidden defects under Articles 1641 of the Civil Code, as well as, if applicable, the commercial guarantee and after-sales service covered respectively in Articles L 217-15 and L 217-17 of the Consumer Code, as well as the terms and conditions provided by the Seller for the processing of claims;

- the functionality of digital content and, if necessary, any relevant interoperability of that content with certain hardware or software that the Seller has or should reasonably be aware of;

- the possibility of using conventional mediation in the event of a dispute;

- information relating to the right of withdrawal (existence, conditions, time limit, terms of exercise of this right and standard form of withdrawal), the costs of returning the Products, the terms of termination and other important contractual conditions;

- the means of payment accepted.

- the duration of the contract, when it is concluded on a fixed-term basis, or the terms of its termination in the event of an indeterminate contract.

 

 

 

 

 

After the conclusion of the contract, and at the latest at the time of delivery, this information isarranged on a sustainable medium. The  Customer  and  the  Sellerwill have to store on a sustainable medium this information that isaddressed to them personally in order to be able to refer to it later for a suitable period of time and which allows the reproduction identical of stored informations(USB keys, DVDs, CD Rom, hard drive, etc.).

 

These General Terms of Sale are expressly approved and accepted by the Customer, who declares and acknowledges that he has full knowledge of them, and therefore renounces to avail himself of any contradictory documents, which will be unesuitable for the Seller, even if he has been aware of them.

ANNEXE I - Legal Guarantees Provisions

 

Article L217-4 of the Consumer Code

 

The seller is required to deliver a contract-compliant property and responds to any compliance deficiencies that exist at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.

 

Article L217-5 of the Consumer Code

• To be specific to the usually expected use of a similar property and, if necessary: to match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative. , including advertising or labelling

• Or present the characteristics defined by the parties or be specific to any special use sought by the buyer, brought to the seller's knowledge and which the seller has accepted.

 

Article L217-12 of the Consumer Code

The action resulting from the non-compliance is prescribed by two years from the issuance of the property.

 

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a piece of furniture, a reclamation covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to be run. This period runs from the buyer's request for intervention or to the provision for repair of the property in question, if this provision is after the request for intervention.

 

Article 1641 of the Civil Code

The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for the purpose to which it is intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

 

Article 1648 paragraph 1 of the Civil Code

The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.

 

 

ANNEXE II - Retraction form

 

This form must be completed and returned only if the Customer wishes to retract the order placed unless exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

 

 

Attention Full Concept Solutions

58 George Sand Street
37000 TOURS
 

I/Us (1)  here notifates/notify you  (1)  my/our  (1)  retraction of the contract for the sale of the property below:

• Order of: ......

• Order number: ......

• Customername: ......

• Customer address: ......

 

Date:

 

Customer signature (only if this paper form is notified):

 

 

 

 

(1)  Rayez the unnecessary mention.

 

 

 [IA1]To be completed.

 [u2]To be adapted according to the Site.

To specify at what point the Client's knowledge of these CGVs comes with the retention of the evidence of this knowledge by means of the " Opt "In."

Ditto to obtain the customer's agreement on the possible transmission of his personal information to partners of the Seller (commercial files).

 

 [u3]To be seen and to be completed with the bank that will receive payments concerning the means implemented regarding the security of payments.

 [IA4]To be completed.

 [u5]Specifications to be validated with the internet provider (host or designer of the e-shop).

 [u6]It is advisable to contact a mediator and enter into an agreement with the mediator or to see if you already join a federation that allows access to the mediation set up by the mediator for the benefit of its members alone. Available list of mediators by sector available on the site :www.economie.gouv.fr/mediation-conso/saisir-mediateur

 

 [IA7]To be completed.