Article 1 : Definitions
The following definitions apply in these terms and conditions :
- Complementary agreement : an agreement whereby the consumer acquires goods, digital content and/or services in the context of a distance agreement and that these goods, digital content and/or services are provided by the contractor or by a third party on the basis of an agreement between that third party and the contractor;
- Reflection period: the period within which the consumer can make use of his right to withdrawal.
- Consumer : is a person or a group who intends to order, orders, or uses purchased goods, products, or services primarily for personal, social, family, household and similar needs, not directly related to entrepreneurial or business activities
- Day: a calendar day;
- Digital content: data produced and supplied in digital form;
- Duration of contract: a contract which extends to the regular delivery of goods, services and/or digital content over a certain period of time;
- Durable data carrier: any tool - including electronic mail - which enables the consumer or entrepreneur to store information addressed personally to him, so as to be able to consult it at a later date or to use it during a period appropriate to his purposes. The information for whom is intended, does not allow duplication of said stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the contract at a distance within the cooling-off period;
- Contractor: a natural or legal person offering digital content and/or services from a distance to consumers;
- Distance Selling Agreement : an agreement concluded between the entrepreneur and the consumer in the context of an organised distance selling scheme for products, digital content and/or services, under which, until the conclusion of the agreement, exclusive or joint use has been made from one or more distance communication techniques;
- Standard cancellation form: the European standard withdrawal form. The European standard withdrawal form does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
- Distance communication technology: a means which can be used to conclude a contract, without the consumer and the trader being obligated to meet simultaneously in the same room;
Article 2 - Identity of the contractor
Trading under the name(s): Vinuovo
8A rue Louis Alphonse Poitevin- 71100 CHALON-SUR-SAÔNE - FRANCE +33 (0)6 58 24 75 79
SIRET: 838 185 825 00026
Chamber of Commerce: 838 185 825 RCS Chalon-sur-Saône, France
If the contractor's activity is subject to an appropriate licensing system: the details of the supervisory authority;
- If the contractor exercises a regulated profession;
- The professional association or organisation of which he/she is affiliated;
- The professional title, the placement in the EU or European Economic Area where it is assigned;
- A reference to the professional rules applicable in France and instructions on where and how to access these professional rules.
Article 3 - Applicability
- These general conditions apply to every offer of the business and all contract at a distance between contractorr and consumer
- Before concluding the contract at a distance, all texts of these general terms and conditions are available to the consumer. If this is not possible, the entrepreneur will (prior to concluding the contract) send freely the full terms and conditions at the consumers request.
- If the contract at a distance is concluded electronically, contrary to the previous paragraph and prior to the conclusion of the contract, the terms and conditions text can be made available to the consumer electronically in a simple yet durable data carrier that the consumer may store and save at their request.
- If specific product or service conditions apply, in addition to these terms and conditions, the second and third paragraphs will apply mutatis mutandis, and, in the event of a conflict of conditions, the consumer can rely on the relevant clause being more favourable to him.
Article 4 – Offer
- If there’s a limited duration to the offer, or is subject to conditions – this will be explicitly stated in the offer
- The offer contains an accurate and complete description of products, digital content and/ services offered. The description is sufficiently detailed to allow the consumer to assess correctly the offer presented. If the contractor uses images ; this will be a faithful representation of products, services and/ or digital content provided. Obvious errors of mistakes on the offer are not binding on the contractor.
- Each offer contains information so that the consumer understands clearly about the rights and obligations attached to his acceptance.
Article 5 – The Agreement
- The contract shall be subject to the conditions of paragraph 4, concluded at the time when the consumer accepts the offer and meets the relevant conditions.
- If the consumer accepts the offer electronically, the contractor will immediately confirm reception of the offer electronically. If the contractor has not confirmed the offer ; the consumer can cancel their contract at any time.
- If the offer is accepted electronically ; the contractor will take appropriate technical and organisational measures to secure all transfer of electronic data via a secured website. If the consumer pays electronically – the consumer will take appropriate security measures.
- The contractor can (in keeping with the law) inquire whether the consumer can meet financial obligations as well as all facts and factors relevant for a successful distance selling agreement. Based on this examination, if the contractor finds good reason to not conclude, he is entitled to refuse an order/ request or to impose special conditions on the implementation.
- The contractor will provide to the consumer the following information, at the latest upon product delivery, on the services or digital content in writing or in a manner that which the consumer may access and store via a durable medium.
- The visiting address of the contractor’s establishment where the consumer can make a complaint.
- Conditions under which the consumer exercises the right of withdrawal, or a clear statement concerning the right of withdrawal.
- Information on guarantees and service after sale
- Tax-included price of product, service or digital content (where applicable), delivery costs, payment methods, deliver and implementation of the distance selling agreement.
- The conditions of cancelling the contract if it’s for more than a year of for an indefinite period.
- Standard cancellation form – if the consumer has a right of withdrawal
- In the case of an extended transaction, the clause in the previous paragraph only applies to first time delivery
Article 6 – Right of withdrawal
- For the products :
- The consumer can withdraw from a product purchase contract during the 14 day cooling-off period without reason. The contractor can ask the consumer the reason of withdrawal, but the consumer is not obliged to give a motive.
- The cooling-off period referred to in paragraph 1 starts at the moment the consumer has received the product – or if specified in advance by the consumer, a delivery to a third party – whom may not be a transporter, or ;
- If the consumer ordered several products in the same order ; the day on which the consumer (or third party designated by them) has received the final product. The contractor can (providing he has informed clearly the consumer prior to the order purchase) refuse an order for several products with different delivery times.
- If the delivery of a products consists of several shipments or parts : the day on which the consumer (or designated third party) receives the final shipment or part ;
- For contracts for the regular delivery of goods during a certain period: the day on which the consumer, (or designated third party) first received the goods.
- For services and digital content not supplied in physical or material form :
- The consumer can cancel a service contract and a contract for the arrival of digital content of which was not delivered in physical or material form during the 14 day cooling-off period without reason. The contractor can ask the reason but the consumer is under no obligation to divelge.
- The cooling-off period is referred to in paragraph 3 and starts the following day of the distance selling agreement.
- Extended cooling-off period for products, services and digital content of which has not been given in physical form, if the right to withraw is not informed :
- If the contractor has not provided the consumer with the information required, by law, to the rights of withdrawal or the standard cancellation form; the cooling-off period shall end twelve months after the end of the initial determined cooling-off period in accordance with the preceding paragraphs of this article.
- If the contractor provided the consumer with information referred to in the previous paragraph within the twelve months of the initial cooling-off period, this cooling off period will expire fourteen days after the consumer received said information.
Article 7 – Consumer obligations during the cooling-off period
- During the cooling off period the consumer must handle the product with extreme care and diligence. He must not open or use the product unless absolutely necessary to determine its condition, characteristics and functionality. The consumer must treat or inspect the product like he would be allowed in a shop.
- The consumer is only responsible for the reduction of value to a product, if it is resulting from handling the product beyond what is permitted in paragraph 1.
- The consumer is not liable for the reduction in value of a product if the contractor has not supplied, by law, all information on rights to withdrawal prior or at the time of contract signing.
Article 8 – Exercising the right of withrawal by the consumer and the costs
- If the consumer makes use of his right to withdraw, he must onform the contractor, within the cooling-off period by means of standard cancelletaion form or in another unequivocal manner.
- As soon as possible but within the 14 days cooling-off period, as referred to in paragraph 1, the consumer must return or give to (an agent of) the contractor. This is not necesssary if the contractor has offered to collect the product himself. In any event, the consumer complied with the return period before the cooling-off period had expired.
- The consumer must return all products and accessories suppplied in the original condition, packaging and in accordance with the clear and reasonable instructions provided by the contractor.
- The risk and proof lies within the consumer in order to exercise a fast and formal right to withdrawal.
- The consumer is responsible for shipping costs for returns.
- If the consumer cancels after explicitly asking that the service start during the cooling-off period, he owes the contractor a proportionate amount of the engagement of which the contractor had fulfilled up to cancellation ; in reference to complying fully with the agreement terms.
- If the consumer uses his right to withdrawal, all further contracts will be terminated by law.
Article 9 – Obligations to the contractor in case of withdrawal
- If the contractor allows the consumer to opt out electronically, after having been notified ; the contractor will immediately send confirmation of this cancellation.
- The contractor will refund all payments made by the consumer, including any shipping costs for the returned product, if adhering to informing the contractor within the 14 day cooling-off period. Unless the contractor offers to collect the product himself ; he may wait for the returned goods, or if the consumer can prove he has returned the product.
- The contractor will reimburse the consumer via the same method of payment ; unless the consumer accepts a different method. The refund is free of charge for the consumer.
- If the consumer opted for a more expensive shipping option rather than the cheapest standard delivery ; the contractor is not obligated to reimburse the additional shipping costs chosen by them.
Article 10 – Exceptions to the right to withdraw
The contractor may exclude the right to withdraw the following products or services ; but only if the contractor has clearly indicated this in the offer, or at least prior to the final agreement
- Products or services whose pricing depends on fluctuations in the financial market – to which the contractor has no influence, and may occur during the withdrawal period
- Service contracts, after the service has been fully performed, but only if:
- The service has begun with the consumer’s express prior consent, and,
- The consumer has declared his loss to right of withdrawal once the contractor has completed fully the contract
- Products made to consumer’s specifications, not pre-fabricated and which are manufactured on the basis of individual choice/ decision, or which are clearly intended for a specific person ;
- Products that spoil quickly or limited shelf life
- Sealed products – for heath, hygeine and safety reasons cannot be returned, and/ or broken seals after delivery
- Products that have been irrevocably intertwined with other products due to their nature ;
- Arrival of digital content other than that of physical form – but only if :
- The service was initiated with the express prior consent of the consumer and ;
- The consumer declares the loss to his right to withdraw in this manner.
Article 11 – Price
- During the validity period indicated in the offer, prices of products and/ or services offered shall not be increased – with the exception of changes in VAT rates.
- Contrary to the previous paragraph, the contractor may offer products or services with varying prices that are subject to fluctuations from the financial market of which the contractor has no influence. All products associated with fluctuations to the financial market are quoted and indicated in the offer.
- Price increases within 3 months of signing the contract are only permitted if they are subject to statutory or legal requirements.
- Price increases from 3 months after signing the contract are only permitted if the contractor has stipulated and ;
- These are results of legal requirements or ;
- The consumer has the right to withdraw from the contract from the day the price increase takes place
- Prices indicated in the range of products or services include VAT – unless otherwise stated.
Article 12 – Complying with the agreement and supplementary guaranty
- The contractor guarantees that the products and/ or services comply with the agreed specifications stated in the offer ; the necessary requirements of soundness and/ or user-friendliness and the legal conditions at the time of contract agreement and/ or government regulations. In case of agreement, the contractor also guarantees that the product is adapted to other than normal use.
- An additional guarantee issued by the contractor, his supplier, manufacturer or importer doesn’t restrict legal rights and claims that the consumer can enforce his rights against him based on his agreement and if he’s failed to fulfill his side of the agreement.
- Additional warranty means any undertaking by the contractor, his supplier, importer or producer to allow the consumer certain rights or claims over and above what is legally required in the event of a breach in contractual obligation.
Article 13 – Delivery and implementation
- The contractor will take the greatest possible care in receiving and executing product orders, throughout the entire application of service up to delivery.
- The delivery address is that which the consumer communicated to the contractor.
- Delivery takes place exclusively on the ground floor, at the front door of the building (provided that the door is in fact accessible to the transporter). The consumer is in charge of delivery on the first floor and delivery of the goods.
- The consumer is responsible of unpacking the goods, disposing correctly of packaging, and or eventually the assembling of the product himself.
- In the case of big orders that are packed onto a pallet (i.e. a table or fireplace), the consumer must ensure that the address given is in fact accessible via a lorry weighing in at 40 tons and 4m high. If the delivery address is not accessible, the consumer is responsible for additional costs. If the consumer has any doubts about accessibility ; we advise them to contact our customer service before placing an order.
- Complying with what is indicated in article 4 of these terms and conditions, the contractor will execute accepted orders as soon as possible or at the latest within the 30 days, unless a different delivery period has been agreed upon. If there’s a delay in delivery or only partial delivery can be acheived – the contractor will contact the consumer no later than 30 days of placing the order. In this case the consumer has the right to retract their order free of charge.
- After cancellation in accordance with the previous paragraph, the contractor will immediately refund the paid amount from the consumer.
- The risk of deterioration and/ or loss of products lies with the contractor until the moment of delivery to the consumer (or previously agreed and designated third party – made known to the contractor), unless otherwise explicitly agreed upon.
Article 14 – Transactions duration : duration, cancellation and extension
- The consumer can make accords mentioned in the previous paragraphs :
- Cancel at any moment and not be limited to cancellation at specific times or within a specific period ;
- At least cancel in the same manner as they agreed upon ;
- Always cancel within the same cancellation period that the contractor has set ;
- An agreement made for a fixed term and extending to the regular delivery of products (including electricity) or services may not be extended to or tacitly renewed for a fixed term.
- By way of derogation to the previous paragraph, a contract made for a fixed period and extending to the regular delivery of daily, weekly newspapers and magazines, may be renewed for a period limited to three months if the consumer signs the extented contract.
- A contract made for a fixed term, which extends to the regular delivery of goods or services can only be automatically renewed for an indefinite period, where the consumer can terminate at any time with a month’s notice. The notice period can be extended to three months if the contract extends to regular delivery, but less than once a month for magazines and newspapers.
- A time-limited contract for the regular introduction of daily newspapers, weekly newspapers and magazines (trial or introductory subscription) is not automatically extended and terminates at the end of the trial or introduction period.
- Duration :
- If the contract has a duration longer than a year, the consumer can cancel the contract at any moment. At the end of the year, with a retraction period of no more than a month, unless otherwise agreed upon between contractor and consumer ; the resiliation of the contract shall be adhered to from the original agreement.
Article 15 – Payment
- Unless otherwise stipulated in the contract or additionnal conditions, the amount due by the consumer must be paid within the 14 day cooling-off period ; or if there’s no cooling-off period, within the 14 days of signing the agreement. In the case of providing a service contract ; this period begins the day after the consumer receives confirmation of the agreement.
- When selling products to conumers, the terms and conditions can not force the consumer to pay more than 50% in advance. Where advance payment is required, the consumer may not assert any rights in respect of the performance of the order or service concerned before the payment has been made.
- It is the customers duty to report inaccuracies to payment information given or specified to the contractor immediately.
- If the consumer does not meet their payment obligations on time (within the specified delay time given by the contractor) within 14 days, then the consumer will have a statutory interest on the oustanding amount, and the contractor is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to 15% maximum on outstanding amounts up to €2500 ; 10% on the next €2500, 5% on the next €5000, with a minimum of €40. The contractor may (in the interest of the consumer) deviate from the amounts and percentages stated above.
Article 16 – Complaints
- If the contractor has a documented complaint, he will handle the complaints via this procedure :
- Complaints concerning the exécution of the agreement, must be submitted describing fully and clearly to the contractor within the time frame given after the consumer has noticed defects.
- Complaints addressed to the contractor will be answered within 14 days at the moment the complaint is received by the contractor. If the complaint requires more time to be dealt with, the contractor will respond within 14 days with a confirmation message indicating the moment the contractor has received the complaint, whereby the contractor will send a more detailed response to the consumer.
- The consumer must give the contractor at least four weeks to resolve the complaint in a mutual consultation. If nothing resolved within this time period, a disagreement shall be submitted to the complaint centre.
Article 17 – Guaranty
- The contractor is responsible for the communication between the buyer and manufacturer ; the contractor only applies warranty conditions from what the manufacturer provides.
- The guarantees apply exclusively for all products delivered in the following countries : France, Netherlands, Belgium, Luxembourg and Germany.
- For deliveries to all other countries, the consumer must pay the transport costs for returning products to VINUOVO, 8A rue Louis Alphonse Poitevin, 71100, CHALON-SUR-SAONE, France, as well as for returning a repaired or replacement product to the buyer.
- For products delivered in France, the Netherlands, Belgium, Luxembourg and Germany, the consumer must pay for all transport costs for returning their products to VINUOVO, 8A rue Louis Alphonse Poitevin, 71100 CHALON-SUR-SAÔNE, France. Additional transport costs will be covered by the manufacturer’s warranty conditions.