These general terms and conditions of sale are concluded between:
VOIS LA, a Société par Actions Simplifiée (SAS) with share capital of €2,000, whose registered office is at 5 rue de l'Oberelsau 67200 STRASBOURG, hereinafter referred to as “the Seller”.
Any natural or legal person purchasing a product or service via the Seller’s website at https://www.voisla.fr or by validating a quotation issued by Vois là, hereinafter referred to as “the Client” or “the Buyer”.
Vois là is a company specializing in the creation, design and manufacture of decorative objects and other items by any means, as well as the creation of bespoke designs in any field.
The main characteristics of the Services are presented on the website https://www.voisla.fr. The Client must read them before placing any order. The choice to purchase a Service is the sole responsibility of the Client User.
PURPOSE
1.1 These General Terms and Conditions of Sale (hereinafter the “GTC”) define the contractual relationship between the Seller and the Client. These conditions govern any purchase made via the Seller’s online store https://www.voisla.fr hereinafter referred to as “the Website” or the purchase of a product or service offline from Vois là hereinafter referred to as a “Direct Order”. Any order implies acceptance of the GTC, which are available on the website and systematically provided upon request.
1.2 Vois là reserves the right to modify its general terms and conditions of sale at any time.
ORDERS
2.1 The Seller reserves the right not to record a payment and not to confirm an order placed via the Website for any reason whatsoever, and specifically in the event of supply difficulties or any other issues concerning the order received.
2.2 Orders placed via the Website are confirmed to the Client by email according to the information provided by the latter.
2.3 Direct Orders placed following the preparation of a quotation by Vois là (B2B, service provision and any other special order) are confirmed after receipt by email of the quotation signed by the Client. Upon receipt, the conditions for carrying out the order are confirmed to the Client by return email.
PRICES
3.1 The prices of products sold by the Seller via the Website are indicated in Euros and include all taxes (VAT + other possible taxes). Any change in rates will be reflected without delay in the price of the products. Prices are indicated on each product page, in the cart and at the time of validating the order before proceeding to payment. Customs duties or other local taxes, import duties or state taxes may be payable in some cases. These duties and amounts are not the responsibility of the Seller.
3.2 The Seller reserves the right to modify its prices at any time and without notice. Products will be invoiced based on the prices in effect at the time the order is validated, subject to product availability.
3.3 The price is payable in full and in a single installment upon validation of the order on the Website.
3.4 Products ordered via the Website remain the property of Vois là until full payment of the price, which the Client acknowledges and accepts.
3.5 The price of service provisions, sales to professionals and any other type of Direct Order is communicated via a quotation or a price list sent by email to the Client. The price of a service is set after assessing the need and analyzing feasibility. Consequently, service rates vary from one project to another. Payment terms (amount, deadline, means and surcharge) are indicated on the invoices. Vois là reserves the right to modify its conditions at any time and without notice.
PAYMENT
4.1 Accepted payments on the Website are by bank card or via a PayPal account. Purchases on the Website can be paid from France or abroad, 24/7, by bank cards belonging to the following networks: Carte Bleue, Visa, MasterCard.
4.2 Payments are secured via the PAYPAL platform. Vois là will acknowledge receipt of the order as soon as it has been paid for, by email. In the event of an error or inability to debit the amount from the bank card, the sale will be immediately terminated by operation of law and the order will be canceled.
4.3 Any unpaid order placed via the Website will incur a charge of €20 per payment incident. The data recorded by the Website constitute proof of the transactions carried out between the Seller and the Buyer.
4.4 Payment for Direct Orders is made according to the terms specified on the invoice. The data recorded by Vois là’s bank account serve as proof of the transactions carried out between the parties.
4.5 In the event of total or partial non-payment of a Direct Order by the date indicated on the invoice, the Buyer shall pay the Seller a penalty equal to the ECB rate plus 10 percentage points. The rate is 10% in 2021. For any professional, in addition to late-payment penalties, any sum, including the deposit, not paid on its due date will automatically result in payment of a fixed indemnity of €40 for collection costs (Art. 441-6, I para. 12 of the Commercial Code and D. 441-5 ibidem).
4.6 No set-off may be made by the Client between penalties for delay in providing the services ordered and sums owed by the Client to the Company.
DELIVERY
5.1 Products ordered via the Website are delivered to the address indicated by the Buyer during the ordering process. The Buyer can track the order online. Delivery is deemed to have been made upon handover of the parcel to the carrier. The Buyer is responsible for verifying the completeness and accuracy of the information provided when placing the order. Vois là cannot be held liable for any entry errors and their consequences in terms of delay or delivery error.
5.2 Vois là undertakes to use all means at its disposal to ensure that an order placed on the Website is fulfilled within seven (7) business days at most from the day following confirmation of the order, except in cases of force majeure detailed in Article 9. Delivery times, expressed in business days, are available on the Seller’s website and may vary depending on the availability of the products ordered.
Delivery times run from the date the order is confirmed by the Seller.
5.3 Shipping costs for orders placed on the Website are calculated according to the destination and the current postal rates. For any delivery outside mainland France & Europe (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Jersey, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden) shipping fees are due regardless of the order amount.
Any reshipment due to an incorrect delivery address or failure to collect from the Postal Services will incur additional charges, subject to the Buyer’s acceptance. If the Buyer refuses to pay these additional reshipment fees, the order will be canceled and the price of the order will be refunded to the Buyer’s account after deduction of the shipping costs incurred. For shipments to a third country, including French overseas departments: the Buyer will bear the local taxation of the country of consumption.
5.4 The delivery times, means and costs relating to Direct Orders are indicated on the invoices and defined with the Client. The Seller undertakes to comply as closely as possible with the deadlines announced when the Order is placed. However, it cannot be held liable for delays in the performance of services caused by faults not attributable to it.
Furthermore, Vois là’s liability cannot be engaged for delays in performance during periods of high demand, such as the end-of-year holidays. The Seller cannot be held liable for delays caused by force majeure, i.e., the occurrence of an unforeseeable, irresistible event beyond its control.
5.4. The Buyer is required to check the condition of the packaging and the products upon receipt.
It is the Client’s responsibility to make any reservations and claims deemed necessary, or even to refuse the parcel, when the parcel is clearly damaged on Delivery. Such reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three business days, excluding public holidays, following the delivery date of the Products. The Buyer must also send a copy of this letter to the Seller. Failure to claim within the aforementioned period extinguishes any action against the carrier pursuant to Article L. 133-3 of the Commercial Code. The Client must ensure that the Goods delivered correspond to the Order. In the event of non-conformity of the Goods in kind or quality to the specifications mentioned on the Delivery note, the Client must inform the Seller by email and return the Goods to the address indicated; the return label will be provided by the Seller.
LIABILITY
6.1 The Products offered comply with current French legislation. Vois là cannot be held liable in the event of non-compliance with the legislation of the country where the Products are delivered. It is the Buyer’s responsibility to check with local authorities the possibilities of importing or using the Products ordered.
6.2 The Seller cannot be held liable for damage resulting from use of the product not indicated by the Seller.
6.3 Vois là cannot be held liable for any inconveniences or damages inherent in the use of the Internet, such as an external intrusion, the presence of a computer virus or a service interruption.
6.4 Warranty: The Seller delivers Products in perfect condition when handed over to the carrier. In accordance with Article L 217-3 of the French Consumer Code, the Seller is liable for any lack of conformity existing at the time of delivery. Services sold to Professionals also benefit from the warranty provided for in Article 1641 of the French Civil Code. The warranty is limited to replacement or reimbursement of Services that are non-compliant or affected by a defect. It is excluded in the event of misuse or abnormal use of the Service and where the Service does not comply with the legislation of the country to which it is delivered. The Client must inform the Company of the existence of defects within two years. The Company will rectify Services deemed defective insofar as possible. If the Company’s liability is established, the warranty is limited to the net-of-tax amount paid by the Client for the provision of the Services. Replacement of the Services does not extend the duration of the warranty.
Box of Article D.211-2 of the Consumer Code:
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event a lack of conformity appears. During this period, the consumer only has to prove the existence of the lack of conformity and not the date of its appearance.
Where the sales contract provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply provided. During this period, the consumer only has to prove the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of the request, free of charge and without major inconvenience to the consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.
The consumer may obtain a reduction of the purchase price by keeping the goods or terminate the contract with a full refund against return of the goods if:
1° The professional refuses to repair or replace the goods;
2° Repair or replacement of the goods occurs after a period of thirty days;
3° Repair or replacement of the goods causes a major inconvenience to the consumer, notably when the consumer definitively bears the costs of return or removal of the non-compliant goods, or bears the costs of installation of the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction of the price of the goods or termination of the contract where the lack of conformity is so serious as to justify immediate reduction of the price or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for repair or replacement suspends the guarantee period remaining until delivery of the restored goods.
The rights mentioned above result from the application of Articles
L. 217-1
to L. 217-32 of the Consumer Code
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity faces a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code
The consumer also benefits from the legal warranty against hidden defects under the
, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept or a full refund against return of the goods.
RETURN OF PRODUCTS AND RIGHT OF WITHDRAWAL
7.1 In accordance with the provisions of Article L 221-18 of the Consumer Code, the Buyer has a period of 14 days from receipt of the goods ordered to return them to Vois là for an exchange or refund without having to give reasons. After this period, returns will no longer be possible.
The period referred to in the first paragraph runs from the day:
of receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods.
The Buyer must return the Products ordered with a copy of the order confirmation, new, intact, in the original packaging to allow their subsequent sale. Any item not meeting these conditions will neither be refunded nor exchanged. In case of loss or deterioration of the returned parcel, Vois là will not be able to refund the order and the consumer must file a claim directly with the carrier. Outbound and return shipping costs are borne by the Buyer. Refunds will be made to the payment method used at purchase, otherwise a credit note will be offered. To exercise this right of withdrawal, the Client shall send a statement to the following email address: [email protected]
In the case of an order for several goods delivered separately or an order for a good made up of lots or multiple pieces delivered over a defined period, the period runs from receipt of the last good, lot or piece. For contracts providing for regular delivery of goods over a defined period, the period runs from receipt of the first good.
For off-premises contracts, the consumer may exercise the right of withdrawal from the conclusion of the contract.
7.2 The right of withdrawal cannot be exercised for the following contracts:
A. Provision of services fully performed before the end of the withdrawal period and whose performance began after the Client’s prior express consent and express waiver of the right of withdrawal.
B. Supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control liable to occur during the withdrawal period.
C. Supply of goods made to the consumer’s specifications or clearly personalized.
D. Supply of goods liable to deteriorate or expire rapidly.
E. Supply of goods which have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection.
F. Supply of goods which, after delivery and by their nature, are inseparably mixed with other items.
7.3 In the case of a service already started on the date the Seller becomes aware of the withdrawal, the value corresponding to the service already performed will be deducted from the refund.
7.4 Model withdrawal form provided in the appendix to Article R.221-1 of the Consumer Code:
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of [the professional inserts here their name, geographical address and email address]
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the good(s) (*)/for the provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
DATA PROTECTION
8.1 Providing personal information collected as part of distance selling is mandatory; this information is necessary for processing and delivering orders and for issuing invoices. This information is strictly confidential. Failure to provide it results in automatic rejection of the order.
8.2 The security protocol guarantees total confidentiality of information transmitted. Vois là undertakes not to transmit or use any personal information of its Buyers (“Informatique et Libertés” law No. 78-17) except where it relates to its strictly defined activity.
8.3 In accordance with Law No. 78-017 of January 6, 1978 (“Informatique et Libertés”), the User has the right to access, rectify and object to any disclosure of personal information concerning them. To exercise this right, the User must make a request to Vois là by email or by post at the contact details referred to in Article 11.
8.4 Processing of personal information relating to Users has been declared to the French Data Protection Authority (CNIL): No. 1359103.
FORCE MAJEURE
Vois là cannot be held liable for any event deemed to constitute force majeure, in accordance with case law, including in particular a postal service strike, a manufacturer’s stock shortage, destruction or total loss of stock, the discontinuation of production of a model of which Vois là has not been informed, as well as any other exceptional event.
INTELLECTUAL PROPERTY
All elements of the Website, whether visual or audio, are reserved under copyright as well as intellectual and artistic property rights worldwide. Any total or partial reproduction of the Website is strictly prohibited unless prior consent has been obtained. Failure to comply with this obligation constitutes infringement, engaging the civil and criminal liability of the offender. Likewise, any process, including the techniques of framing or deep-linking, is strictly prohibited unless expressly, specifically and in writing authorized by the Seller.
CONTACT
VOIS LA
5 rue de l'Oberelsau
67200 STRASBOURG
[email protected]
APPLICABLE LAW – COMPETENT JURISDICTIONS
These General Terms and Conditions of Sale and the contractual relations between the Parties are governed by French law. The competent court is Strasbourg.