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Terms of sale

General terms of sale of the site Vitebuy.fr and Vitebuy.com

 

1- Presentation of products and supplied services

Products and services are the ones which appear in the catalog published in the site of Vitebuy.fr and Vitebuy.com below called the Site. These products and services are offered while stocks last. Every product is accompanied by a description established by the supplier; for some of them, carrying the mention DF, the Customer can have access to the documentation of the supplier.

Photos the set of the information communicated of the catalog are the most faithful possible but cannot assure a similarity completed with the offered product.

2- Scope

The present terms of sale aim at defining the contractual relations enter the Vitebuy.fr and Vitebuy.com company, whose head office is 30 kicks of David Elazar - 5845401 Holon Israel the Customer and the conditions applicable to any purchase made by means of the Site, that the Customer is professional or private individual. These terms of sale will prevail over any other general or particular conditions not expressly approved by the Site. The Site saves being able to modify its terms of sale at any time. In this case, the applicable conditions will be the ones current in the order date by the Customer.

3- Acceptance of general terms of sale

The acquisition of the good or the service through the present site involves an unconditional acceptance by the Customer of the present terms of sale.

To do it, the customer owes necessarily, voluntarily and expressly to accept the present general terms of sale by checking the entitled box "Acceptance of the Terms of Use"

4- Access to the site and to the supplied services

To have access in the service of online Order the Customer accepts:

- To supply exact information, up to date and complete on himself such as asked in the form of creation of "customer account" Of the Site (this information being below called the "Data of Registration"),

- To maintain and update regularly by means of the Site, the Data of Registration to keep them true, exact, up to date and complete. In the hypothesis where the Customer would supply false, inaccurate, out-of-date or incomplete information, The Site would be entitled to suspend or to cancel the Order of the Customer and to refuse him immediately and for the future the access to all or part of the service of Order. Where necessary, the password created by the Customer at the time of the creation of its "customer account" And his identifier (email address of the Customer) are his Elements of Identification. These Elements of Identification which allow the Customer to reach the possibility of making Orders on the Site are personal to the Customer who undertakes not to reveal them to keep them confidential. The Customer remains solely responsible for the use which could be made by its "customer account" without judicial formalities, any Order in case of violation of the present general terms of sale, in particular and without this list is exhaustive, because of any act of hacking, use or attempt of use of the data in violation of laws and regulations, in particular get into a computer system, to alter the contents or to commit any breaches repressed by articles 323-1-323-7 of the Penal French code.

5- Order and Price

The orders crossed on the Site are firm and definitive. They can never give rise to refund or be cancelled except the cases planned to articles 7, 10.3 and 11 below. These capacities are applicable to the set of Products and Services marketed by the Site.

5.1- Procedure

The Customers have the possibility of commanding only on the Site by Internet https://www.vitebuy.fr and https://www.vitebuy.com

The Customer guarantees that it is completely authorized to use the payment card or sound card counts PayPal for the payment of its order and that these means of payment give access to sufficient funds to cover all the costs resulting from the use of the services of the Site.

Having confirmed the contents of his order, the Customer will validate her definitively by the payment. The order will be definitive only as from the payment of the corresponding price.

The Site will confirm systematically the order of every Customer, then its expedition by e-mail accompanied by the current general terms of sale at the time of the order.

The Customer has the possibility during all the duration of the same sale of a product or a service, having crossed, have validated definitively and having paid his order, having completed this one by other products or services of the same sale.

5.2- Validation

The validation of the order by the Customer is worth acceptance of the present general terms of sale. Unless proved otherwise, the data recorded by the Site establish the proof of the past transactions. The Site passes on to the Customer as soon as possible, and in any event in them    Days following the order, by e-mail, the mail or the fax, the confirmation of the order resuming the essential elements such as the identification of products and combat duties, price, quantity and date planned of availability. In this respect, he is of the responsibility of the Customer to make sure that the address and phone number which he communicated during his order are correct and that they will allow him to receive the confirmation of the order. In the hypothesis where the Customer would not receive this confirmation, he falls to him to contact the Site On no account the responsibility of the Site cannot be held if the Customer does not receive confirmation of the order because of an error of his fact in the seizure of his address and phone number.

6 - Compliance of products

6.1. The information mentioned on each product sheet shall be that communicated to the Site by the suppliers from whom the products or services are acquired.

6.2. In case of non-compliance of the product or service delivered to the Customer, the Customer may return it to the Site at the address indicated on the website.

The Customer may then ask the Site:

- either to be delivered with a product or service identical to that ordered, within the limits of available stocks;

- either to be delivered with a product or service of quality and equivalent price, within the limits of available stocks;

- Either to be reimbursed for the price of the product or ordered service within 30 days of the Customer’s request.

The cost of returning the product ordered and delivered to the Customer, as well as any delivery of another product, will be borne by the Site.

6.3. In any event, these provisions shall not deprive the Client of the benefit of its right of withdrawal, as supervised by Article 11 of these General Terms of Sale.

7 - Duration of Validity of the prices / availabilities of products

7.1. The price including tax of every product or service(department) is indicated in the corresponding product sheet or the service(department). The shipment charges of the command(order) of the Customer will be indicated to him(her) before the definitive validation of this one. Besides, once the validated command(order), the prices(prizes) and freshly will remain accessible(approachable) in the column(section) " My Account " of the Site.

For the deliveries and services except the French territory, the capacities(measures) planned by the general Code of the taxes with regard to the VAT will be applicable.

The Site reserves the right to modify its prices(prizes) at any time but products will be charged to the Customer on the basis of the current price lists(rates) in the day of the validation of the command(order).

7.2. For lack of a duration of specific validity indicated on the command(order), the information representing on catalogs presents paper size(format), on the available catalogs via Internet or on quite different support(medium) whatever is communicated to the Customer, in this understood(included) the descriptions of Products and Services(Departments), their prices(prizes) as well as the corresponding price lists(rates) of delivery and expedition(shipping), are valid for limited duration indicated on the site considering the factual nature of the concept of the site.

Besides, the site disclaims all liability as for the posted(shown) advised(recommended) retail prices which result(come) from an information given by the Supplier.

In case of temporary unavailability of a Product because of a stock shortage arisen after the signing of command(order), an e-mail of information is sent to the Customer to inform him(it) about delivery deadline, under the condition that the Customer passed on(transmitted) the e-mail address of the Customer during the signing of command(order).

Our suppliers can be brought to stop(arrest) the production of Products and Services (Departments) which we propose. In case of stop(ruling) of production, a new Product or Service of superior or equivalent quality will be proposed as a replacement. however, he can arrive that the Product or Service (Department) proposed as a replacement is upper in value of the Product or initial Service (Department). In this case, the Customer can choose this Product or Service (Department) of replacement or ask for the refund(repayment).

8 – Payment

8.1 – Terms and Conditions

Purchases are made using a payment card or a PayPal account. Payment cards accepted to date are: CB, Visa and MasterCard.

The debit of the card is made immediately after the validation of the order

In case of payment by PayPal, the amount of the purchases will be immediately debited from the PayPal account. The order will be considered effective after confirmation of the agreement of the bank payment centers.

In accordance with the regulations in force and to ensure the security and confidentiality of their information, the Site does not memorize the banking details of its Customers.

It is thus up to the Client to register and print his payment certificate if he wishes to keep his banking and transaction details.

8.2 – Computer and technical security

In order to ensure the security of payment and the confidentiality of the Client’s banking data, the transaction is processed through a banking operator in SSL mode.

The Site shall never have access to confidential information relating to the means of payment.

8.3 – Discounts and Rebates

In accordance with the provisions of Article L. 441-6 of the French Commercial Code, no rebates, rebates, rebates or remuneration may be granted unless specific agreement is accepted by the Parties.

9 - Delivery (to see FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES, Belgium, other countries.)

9.1 - Deadline(extension) and cost

The Site makes a commitment to implement(operate) its best efforts so that Products and Combat duties by the Customer are delivered within five (3) in Forty (40) working days on average, as from the confirmation of the command(order). The delivery deadlines mentioned above are not applicable to the sending in Corsica and on islands connected in Metropolitan France and can be increased by 10 (ten) working days for the commands(orders) crossed(spent) during December.

These expenses of deliveries and expeditions(shipping) are variable according to the characteristics of the parcel (weight and volume) and the delivery address.

A supplement of cool(expenses) of delivery can be applied for the deliveries in Corsica and islands connected in metropolitan France or in with difficulty accessible(approachable) places (e.g.: mountain resorts).

So that the non-delivery or the damage undergone in the course of transport is taken into account, the Customer or his Beneficiary, where necessary, must have registered the defects or the damage noticed on the slip of the carrier after unpacking(outpouring) and check of the goods in the presence of the deliverer, and confirm said defects or damage for a maximum deadline(extension) of 3 days by E-MAIL sent in service@vitebuy.fr

According to the article L. 133-3 of the Commercial law, any reserves not notified to the carrier and to the Supplier in the forms quoted above, will deprive the Customer of any appeal(recourse) concerning damage arisen in the course of transport.

The Customer will have to make sure in the day of the delivery of the availability of a person authorized to receive the deliveries and where necessary, of the capacity of the place of delivery to welcome voluminous parcel or delivered on pallet. Parcel are delivered to the step of door and for reasons of insurance(assurance) cannot be delivered in floor.

In case of not reception of the parcel, the Customer has 2 months following the command(order) to make a complaint. Beyond this deadline(extension), the Post office and the carriers do not take into account the demands(requests) of search(research). The Site cannot be held responsible for any flight(theft), destruction, deterioration or fraud which can intervene as from the delivery. Products and/or Services (Departments) lost or stolen as from their delivery can be the object of no exchange and no refund(repayment).

In case of return of parcel further to a badly informed address or an absent Customer, the additional postal charges concerning the second sending will be chargeable to the Customer. Additional management fees concerning the second sending will be also charged at the level of 10 Euro without VAT by handled return.

The delivery deadlines possibly mentioned on any document put back(handed) to the Customer being established for information purposes, the overtaking of delivery deadlines can give rise on no account to damage - interests. However, in case of upper delay in 40 days with regard to(compared with) delivery deadline so communicated with the Customer, under the condition that the delivery is not in the course of execution the Customer can cancel his command(order) by the sending of an email in the customer service of the Site; he(it) will obtain then the refund(repayment) of the sums already paid to the Site in conformance with(for) the aforementioned command(order) within 30 days.

9.2 - Modalities(methods)

The Site selected a person receiving benefits(provider) logistician qi according to typologies of command(order), will optimize the choice of a carrier in the respect for the specifications quality to deliver to the best cost and to the best service(department).

9.3 - Delay or absence of delivery

In such a case, the Customer can contact the Customer relationships service of the Site,

The Customer has the faculty(power) to cancel his command(order) if the delivery of this one did not intervene at the latest 40 working days after delivery date indicated by the Site, unless this delay in delivery is due to a case of absolute necessity in the sense(direction) of the jurisprudence of the French Courts.

In 10 working days following the demand(request) of cancellation by the Customer, the Site will make with his(her) bank or with its account PayPal a demand(request) of refund(repayment) of the Customer.

9.4 - Partial Delivery

The Customer will be informed by email of the partial delivery of an order. A second e-mail will inform him of the delivery of the other products and/or services ordered.

9.5 - Delivery Completed

Each delivery shall be deemed to have been made as soon as the product or service is made available to the Customer, in particular by the carrier, materialized by a delivery voucher or by the control system used by the carrier, such as the delivery tracking system proposed on the La Poste website concerning «So Colissimo» for deliveries in France

Without prejudice to the period available to the Client in respect of its right of withdrawal defined in Article 11 here in after, it is up to the Customer to check the shipments upon arrival and to make any reservations and claims that appear to be justified, or even to refuse the package, if it is likely to have been opened or if there are clear signs of deterioration. The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days of delivery of the products, a copy will be sent immediately to the Site.

9.6 - Transfer of risks

Delivery performed and materialized as indicated above involves the transfer of risks on the products delivered to the Customer.

10 – Right of withdrawal (only for the benefit of Consumer Clients)

10.1. - Scope

For goods and/or services marketed on the Site, and other than the exceptions listed below, Customers have the right to withdraw and return their product(s) and/or service(s) for seven (7) free days from the date of delivery of these, in accordance with the provisions of Article L 121-20 of the Consumer Code.

When this period expires on a Saturday, a Sunday, a holiday or unemployment, it shall be extended until the 1st working day following.

However, certain products and services defined in Article L.121-20-2 of the Consumer Code may not be subject to a right of withdrawal by the Customer, the products or services concerned being in any case designated as such to the Clients before the conclusion of the sale, in the technical data sheets. In particular, these include:

- products which by their nature cannot be re-dispatched or are likely to deteriorate or rapidly lapse. It is expressly stipulated that this category also includes products with odometer and/or hourly counter, of which any kilometer carried out would have an immediate and undeniable impact on the value, thus making it impossible for them to be put back into the marketing circuit from which they are born, and thus their resale.

- supplies of newspapers, periodicals or magazines;

- Finally, products made according to the Customer’s specifications or clearly customized.

10.2. Terms and Conditions

In order to exercise this right, the Client must, within the period mentioned above, send a registered letter with acknowledgement of receipt to the Customer Service of the Site at the address indicated on the website and, if applicable, return the products in their original packaging by registered mail with acknowledgement of receipt to the Customer Service of the Site without penalties, with the exception of the return charges that remain at the Customer’s expense.

The Customer’s refund will be affected by any means of payment within thirty days from the receipt by the Site of the request to exercise the right of withdrawal by the Client, provided that the product or service has been returned to the Site.

11 -Return of the product in case of non-compliance or exercise of the right of withdrawal

To be able to fully benefit from the conditions of Article 7 “Compliance” and those of Article 11 “Right of withdrawal”, the Customer must return the product or service to the Site after information from the customer service that will forward the return procedure.

The turned(returned) product has to be:

- Correctly protected, in his (her, its) original packing, in a perfect state of resale (damaged, damaged or made dirty) accompanied with any possible accessories, notes of employment(use) and documentations,

 - Accompanied with the invoice of sale so as to allow the latter to identify the Customer (N command(order), name, first name, address).

- Without the product or the service(department) obviously made the object of a long-lasting(sustainable) use(custom) (beyond a few minutes), that is under the condition that products do not carry(wear) the mark(brand) of an extended use exceeding(overtaking) the time required for their test and are in a state allowing their resale.

12 - Guarantees

12.1 Legal guarantee

Article L211-4 Code of the French consumption

The seller has to deliver the good(property) in compliance with the contract and answers defects of conformity existing during the delivery(relief). He also answers defects of conformity resulting from the packaging, the assembling instructions or the installation when this one was put at his/her expense (under his/her responsibility) by the contract or was realized under its responsibility.

Article L211-5 Code of the consumption to be in compliance with the contract, the good(property) owes:

1 ° - Be appropriate(peculiar) to the use(custom) usually expected from the similar good(property) and, if necessary:

Correspond to the description given by the seller and possess the qualities which this one presented to the buyer in the form of sample or of model

Present the qualities for which a buyer can legally wait in consideration of the public statements(declarations) made by the seller, by the producer or by his representative, in particular in the advertising(publicity) or the labeling

2 ° - Either present the characteristics defined by mutual agreement by the parts(parties) or be appropriate(peculiar) to any special use(custom) looked for by the buyer, notified to the seller and that the latter accepted.

Article 1641 French Civil code

The seller is bound by the warranty on the basis of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish such use, that the buyer would not have acquired it, or would have given a lesser price if he had known them.

Article 1648 first paragraph Civil Code

12.2 Contract Guarantee

The Products distributed by the Supplier shall be guaranteed by the manufacturers, the invoice or, failing this, the delivery slip serving as proof of purchase. It is expressly agreed that a use of the Products which is not in compliance with their intended or abnormal destination, as well as non-compliance or non-communication of the conditions or instructions for use by the Customer, will deprive the Client of the guarantee provided above. It is also recalled that the warranty does not apply to the repair of damage resulting from a cause external to the Product (e.g. shock, lightning, etc.), a connection or an installation that does not comply with the instructions for use, commercial or collective use or use of inappropriate accessories. In addition, interventions carried out by persons not mandated by the manufacturer may deprive the Client of the exercise of this guarantee Some manufacturers require that the Products be returned in their original packaging with all their accessories and related documentation.

In the event of a defective item, the Beneficiary must contact the Supplier who will put it in contact with the service corresponding to the Product and located closest to it. It is up to the Product manufacturer to decide whether to repair or replace the Product. The Customer/Technical Center/Client transport is the responsibility of the Customer.

13 - Responsibility

The Site makes a commitment to supply its services(performances) in the respect for the rules(rulers) of the art and for the uses(practices) of the profession. He(it) is kept in a general obligation(bond) of way(means) except opposite legal requirement.

The responsibility of the Site cannot be committed(hired) when that the Customer does not respect, in total or in part, General terms of sale, or still in case of unpredictable fact of a third (third party) or in case of force majeure.

It was expressly advisable that the total amount of the compensations(allowances) and / or damage - interests which the Site could be brought to pay(pour) to the Customer for whatever reason, because of the present, of its failure or of a breach(negligence) (with the exception of any breach(negligence) of the third supplier) will be limited to the amount of the concerned service(performance) or, for lack of fastening with a determined service(performance), with amounts of the commands(orders) past and paid to the Site by the Customer during the month preceding the formal questioning(implication) of the Site.

14 - Ban on resale

Products and Services (Departments) of the Supplier can be the object of no transfer or resale. The Supplier reserves the right to end his business connections with every Customer missing in this obligation(bond) and it is true without advance notice nor compensations(allowances).

15 - Archiving - Proof

The Site will archive order forms and invoices on a reliable and long-lasting(sustainable) support(medium) establishing(constituting) a faithful copy according to provisions of the article 1348 of the Civil code. Registers computerized by the Site will be considered by the parts(parties) as proof of the communications, the commands(orders), payments and transactions(deals) intervened between the parts(parties).

16 - Transfer

The Site reserves the right to transfer present to every successor or third (third party), including in the form of transfer, rent-management, fusion(merger), consolidation, restructuring, etc. …

17 - Modification / Evolution

The Site reserves the right to modify the present General terms of sale.

Any new version of these will be beforehand indicated on the front page of the column(section)

The Customers who would not wish that the contractual relations are governed by the new version of General terms of sale applicable to any new command(order), will have to notify it and, from the date from which the new version will come into effect, they will have to stop using the services(departments) of the Site.

18 - Completeness

In the hypothesis where one of the clauses of the present General terms of sale would turn out no and/or null and void(obsolete) because of a change of legislation, regulations or by a judicial decision, it could not affect(allocate) on no account the validity and the respect for the other capacities(measures) of the present General terms of sale under reserve in particular that the financial balance of the Contract is not questioned.

19 - Duration

The present General terms of sale are valid as from March 1st, 2019.

They replace and cancel all the previous versions.

20 - Intellectual property

The Vitebuy.fr and Vitebuy.com holder company of the domain name to Vitebuy.fr and Vitebuy.com The Site is a work of the spirit protected by the laws of the intellectual property. The Site in general and each of the elements which make up(compose) him(it) (such as texts, arborescence, software, animations, photos, illustrations, plans, logos) are the exclusive property of the Company (Society) which is only authorized to use intellectual property rights relative to it.

The Site benefits on top of the rights on the spread(broadcasted) contents, in particular those of the suppliers.

The use(custom) of all or part of the Site, in particular by download, reproduction, transmission, representation or distribution(broadcasting) in other purposes that for your use personal and deprived in a not commercial purpose is strictly forbidden. The violation of these capacities(measures) subjects(submits) you to the penalties planned both by the Code of the Intellectual property and the Penal code in the title in particular the forgery(imitation) of copyright and the right(law) of the marks(brands), and by the Civil code regarding civil liability.

The marks(brands) and the domain names as well as the designs and models which appear on the Site are the exclusive property of the Company (Society). The creation of hypertext links towards the Site can be made only with the written authorization and the prerequisite of the Company (Society), which authorization can be revoked(dismissed) at any time.

All the sites having a hypertext link towards the Site are not under the control of the Company (Society) and this one consequently disclaims all liability (in particular editorial) concerning the access and the contents of these sites.

The Company (Society) is free to modify, at any time and without advance notice, the contents of the Site.

Each party is and lives(remains) only holder of intellectual property rights or a manufacturer relative to the marks(brands) and the logos which it uses for the needs for its activity.

21 - Computer Law and Freedoms

In accordance with the law on data processing, files and freedoms of 6 January 1978, registered information relating to buyers may be subject to automated processing. Buyers may object to the disclosure of their contact information by reporting it to the Site. Similarly, users have the right to access and rectify their data in accordance with the law of 6 January 1978. Automated processing of information, including the management of e-mail addresses of users of the site, has been reported to the National Commission on Informatics and Freedom (CNIL Declaration), on 13 May 2013 and registered with the Commission under number 1672802.

22 – Applicable Law and Jurisdiction of Courts

Any dispute arising in the context of the interpretation and/or performance of these General Terms of Sale, and which shall not be settled amicably between the parties within the period of two months, shall be submitted to the competent courts under the jurisdiction of the Court of Appeal of Paris.

The limitation period applicable to the actions exercised hereunder shall be two (2) years.