GENERAL TERMS OF SALES AND USE
These General terms of Sales and Use (hereinafter referred to as the “GT”) shall govern all the distance retail sales of ALEXANDRE VAUTHIER SARL, a private company with limited liability incorporated under the laws of France, with a share capital amounting to EUR 153 847, registered with the Registrar of Companies of Paris (France) under number 508 820 222 00018, with its registered office at 11-11bis rue du Perche, 75003 Paris (France), represented by Mr ALEXANDRE VAUTHIER its Manager, (hereinafter referred to as “ALEXANDRE VAUTHIER”).
The GT shall govern, notwithstanding any statement or reservation of the Client, any relationship between ALEXANDRE VAUTHIER and:
The GT may be amended at any time without prior notice, and therefore the Client is kindly asked to read them carefully before any order, and the User any time he accesses the Website.
1. ENTERING AND PERFORMING THE CONTRACT
1.1 OFFER AND ACCEPTANCE
The acceptance and the confirmation of the order are given by data capture on successive screen-pages, in English, French or Italian.
In order to submit an order, the Client shall create a client account on the Website, and in this respect particularly indicate:
The Products selected and the data filled by the Client appear, before the conclusion of the contract, on a recapitulative screen:
After confirmation of the Products selected and of the data filled, the Client is kindly asked to pay his order online in order to confirm it definitely, throughout a secured bank website dedicated to the payment online.
ALEXANDRE VAUTHIER acknowledges receipt of the orders without delay by electronic means, and specifies the e-mail address to which the Client may address any possible complaint.
The confirmation e-mail sets forth:
1.2 RIGHT OF WITHDRAWAL
This article 1.2 herein is applicable only in case of distance sale falling into the scope of application of Article L. 121-16 of the French Consumer Code, that is to say in case of a sale of good concluded between ALEXANDRE VAUTHIER and a consumer, without the simultaneous physical appearance of the parties, who are using, for the purposes of concluding this contract, exclusively one or several distance communication devices.
Unsuitable items may be refunded within 14 days from the date you sign for the delivery.
Before you return something you must notify us within 48 hours of receiving an item and obtain a Return Authorization Reference number by emailing us at email@example.com.
The withdrawal period begins as from the date of receipt of the Product and terminates upon the date of shipping indicated on the returned parcel.
The Client shall send back the Product to ALEXANDRE VAUTHIER:
Any returned items that are not accompanied by an official reference number will not be accepted.
The product you return must be in new, unused, and unworn condition with all the original packaging and garment tags still attached.
We do not accept any item with any item with any indication that it was used. In such cases, the item will be returned the purchaser.
The right of withdrawal, if validly exercised, empowers the Client to obtain the reimbursement of his order within a thirty-day period at the latest.
In case of partial return of an order or damage to any Product returned, ALEXANDRE VAUTHIER reimburses the Client up to the value of the Product or of the Products returned.
1.3 MONITORING OF ORDER’S EXECUTION
The Client may follow-up the execution of his order without any other cost than the usual cost of communication, by e-mail sent to firstname.lastname@example.org.
1.4 AFTER-SALES SERVICE
ALEXANDRE VAUTHIER commits to answer as quickly as possible, and at the latest within 15 (fifteen) days, to any order or complaint reaching it.
The after-sales service answers the calls and mails in English, French or Italian. The Client is kindly asked to use one of these languages in any communication whatsoever.
The after-sales service may be reached, on the working days at ALEXANDRE VAUTHIER’s registered office:
From Monday to Friday between 10am and 6pm by e-mail sent to email@example.com
2. RATES, PAYMENT AND DELIVERY
ALEXANDRE VAUTHIER is registered under the intracommunity VAT number: FR 02508820222.
All invoices are sent to the Client with the Product.
2.1 PRICE LIST
The prices indicated on the Website are expressed by default in Euros all French taxes included, based on the French Value Added Tax (VAT) amounting to 19.6%, transportation costs excluded and possible costs and taxes of customs clearance excluded.
The Client shall fill in the delivery address in order to be provided with the actual price of his order, transportation costs included, but possible costs and taxes of customs clearance excluded.
The Client shall observe the applicable tax provisions, and refrain from any abuse of rights, and guarantees expressly ALEXANDRE VAUTHIER against any possible consequences resulting from any breach of this essential obligation.
2.2 DISPATCH COSTS
Except express request of the Client, the dispatch is performed by Fedex and passed on to the Client.
The payment is immediate by banker’s card.
2.4 DELIVERY’S DELAY
ALEXANDRE VAUTHIER uses Fedex for all countries.
Except specific notice prior to the conclusion of the contract, ALEXANDRE VAUTHIER commits to deliver any Product ordered from the Website within 6 to 8 weeks.
Please note, delivery of alligator bags may take an additional 7 to 10 days more, special documents are necessary for customs clearance.
Except in case of force majeure, if the Products are not delivered within this period, the Client may request to declare the sale void, in accordance with article L. 121-20-3 and L. 114-1 paragraphs 2 and 3 of the French Consumption Code.
2.5 DAMAGES DURING SHIPMENT
The Client shall accept the parcel only if the external packaging does not present any mark of bump or leak. ALEXANDRE VAUTHIER recommends to open the parcel and check the Product before signing the carrier’s receipt.
If it is not possible, the Client is kindly asked to express reservations relating to the state of the goods by indicating on the carrier’s receipt notably “subject to checking the goods taken into account the bad state of the parcel” and describing the damages.
ALEXANDRE VAUTHIER and the carrier partner shall bear the shipment’s risk and shall reimburse the Client provided that the package is returned to the carrier together with a motivated letter of complaint, a copy of which letter of complaint shall be provided to ALEXANDRE VAUTHIER by e-mail (firstname.lastname@example.org).
3. QUALITY GUARANTEE
3.1 LEGAL GUARANTEE
The Client benefits, in France, from the legal guarantee pursuant to articles 1641 to 1649 of the French Civil code and L. 211-4 and followings of the French Consumer Code.
In this respect, ALEXANDRE VAUTHIER is responsible of the lack of conformity of the good with the contract and of the redhibitory vices in accordance with the provisions abovementioned.
In case of lack of conformity, the Client shall choose between repair and replacement of the Product.
ALEXANDRE VAUTHIER may nevertheless elect not to proceed in accordance with the Client's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the Product or the seriousness of the defect. ALEXANDRE VAUTHIER is then required to proceed with the option not chosen by the Client, unless it proves impossible.
If neither repair nor replacement of the Product is possible, the Client may return the Product and obtain reimbursement of the price or keep the Product and obtain reimbursement of a portion of the price, in accordance with the provisions of article L. 211-10 of the French Consumer Code.
The provisions stated by article L. 211-15 3rd paragraph of the French Consumer Code are reproduced hereafter.
Article L. 211-4 of the French Consumer Code:
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility”.
Article L. 211-5 of the French Consumer Code
“To conform to the contract, the product shall:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, by the producer or his representative, including notably advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser which was made known to the seller and which the latter agreed to”.
Article L. 211-12 of the French Consumer Code:
“The action resulting from lack of conformity lapses two years after delivery of the product”. ___________
Article 1641 of the French Civil Code:
“A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them”.
Article 1648 1st paragraph of the French Civil Code:
“The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice”.
4. USE OF THE WEBSITE
4.1 LEGAL NOTICE
The website is published by ALEXANDRE VAUTHIER.
Manager of the publication: MR ALEXANDRE VAUTHIER
The website is hosted by Aragorn, 77-79 rue du Cherche Midi, 75006 Paris.
The website is composed of the infrastructure, including the computer code, and its content, notably texts, sounds, fixed or lived images, video and data base.
ALEXANDRE VAUTHIER cannot be held responsible for direct or indirect damages, losses or costs, resulting from the use of the Website, or of the impossibility to use it, or of a bad functioning, of an interruption for a handling cause or for any other cause whatsoever, of a virus, or also of a connection, line or system problem.
4.4 WEBSITE’S CONTENT
ALEXANDRE VAUTHIER makes its best efforts to ascertain that the accessible information through its website is accurate. However, ALEXANDRE VAUTHIER does not guarantee in any way that these pieces of information are accurate, complete and updated.
In any case, ALEXANDRE VAUTHIER may not be held responsible for any direct or indirect damage, of any nature or kind whatsoever, arising in connection with the Website’s use.
Information on the Website and pictures or representations are provided for information only and neither their content nor their correctness may be guaranteed. ALEXANDRE VAUTHIER is not contractually bound by said information. ALEXANDRE VAUTHIER refuses any responsibility whatsoever for the decisions which may be taken based on said information.
The content of the Website may be modified without prior notice.
ALEXANDRE VAUTHIER refuses any responsibility whatsoever in relation with the content of the other websites towards which links exist. The access to websites linked to the Website is at the User’s own risk.
ALEXANDRE VAUTHIER also refuses any responsibility whatsoever in relation with any information and content of websites having links referring to the Website.
4.6 INTELLECTUAL PROPERTY
The Website and each and any of its components belong exclusively to ALEXANDRE VAUTHIER and its partners. ALEXANDRE VAUTHIER alone is authorized to use all intellectual property rights relating to it, particularly brands, drawings and models, logos, graphics, pictures, animations, videos, texts, copyrights and image rights, by original title or by the effect of an express authorization.
Any broadcasting, reproduction, representation, or adaptation, in all or part, of the website or its components is forbidden as well also as their distortion.
The utilisation rights granted by ALEXANDRE VAUTHIER to the User of the Website are limited to his private and personal use. Any other use by the User is forbidden without the express and written authorization of ALEXANDRE VAUTHIER.
The User commits himself to refrain from modifying, copying, reproducing, downloading, diffusing, transferring, exploiting and/or distributing in any manner whatsoever any component of the Website, including but not limited to the computer codes.
All brands referred to or used on the Website are the exclusive property of their respective owners.
4.7 PRIVACY PROTECTION
The Website complies with the most demanding European and French regulations relating to the protection of privacy and personal data, and notably with law n° 78-17 dated 6 January 1978 related to computing, data files and freedoms, amended by law n° 2004-801 dated 6 August 2004 integrating in French law the Directive 95/46/EC dated 24 October 1995 relating to the personal data protection and privacy in the European Union, and with law n° 2004-575 dated 21 June 2004 entitled “trust in digital technology economy” transposing in French law the directive 2000/31/EC dated 8 June 2000 relating to electronic trade and the directive 2002/58/CE dated 12 July 2002 relating to the protection of private data and privacy in electronic communications.
The site is the object of a statement nearby the “Commission Nationale de l’Informatique et des Libertés“ (CNIL), registerted under number 1722107.
4.8 PERSONAL DATA
In certain circumstances, the User provides personal information relating to him.
Said data are automatically processed and are intended to ALEXANDRE VAUTHIER and its partners.
Several pieces of information are required in order to access to the service or proceed to the operation wanted. In accordance with the law dated 6 January 1978 modified above mentioned, the User may exercise nearby ALEXANDRE VAUTHIER the right of accessing, amending or cancelling relating to his personal data, by sending an e-mail to email@example.com or by sending a letter to the following address: ALEXANDRE VAUTHIER, 3 rue Christophe Colomb 75008 Paris– France.
Said information is used in order to provide the service requested, display a personalized content, make a commercial offer on the products and services of ALEXANDRE VAUTHIER and its partners.
Personal data collected will in no circumstances whatsoever be rent, sell or lend to a third party without preliminary information of the User. Any transfer or provision of data may take place only in case the User has previously authorized it or in case the User has not opposed it.
ALEXANDRE VAUTHIER attends to securing the data which are stocked in a secured hosting centre.
5. RULES GOVERNING THE GT
5.1 LAW AND JURIDICTION
The GT shall be governed by and interpreted in accordance with French law.
In case of any litigation arising in relation with the GT, the Parties hereby grant an exclusive jurisdiction to rule the case to French Courts, and specifically Paris Courts, anytime the provisions into force allow it.
In case needed, it is expressly stated that the clause conferring jurisdiction above does not apply to a French consumer.
5.2 ENTIRETY OF THE AGREEMENT
The Parties expressly state that the GT express the entirety of their agreement as regards their subject matter, and invalidate and replace any previous agreements entered into between them in relation with this subject matter.
5.3 SEVERABILITY, ADAPTATION AND AMENDMENT
In case any provision whatsoever of the GT is deemed void, this provision shall not apply but the other provisions of the GT shall remain into force.
5.4 NOTICE’S COMPUTATION
Notices are calculated in accordance with articles 640 and 642 of the French Code of Civil Procedure.
The GT are drafted in French and English, it being specified that the French version shall prevail in case any discrepancy between the versions or any interpretation difficulties should arise.