Article 1 - Content and scope of application
These general terms and conditions express the entirety of the parties' obligations. They constitute the sole basis of the commercial relationship between the parties. Any order for products implies the buyer's unconditional acceptance and full adherence to these general terms and conditions of sale, which prevail over any other document of the buyer, and in particular over any general terms and conditions of purchase, unless special conditions agreed in writing by the supplier to the buyer.
Any document other than these general conditions of sale and in particular catalogues, prospectuses, advertisements, notices, has only an informative and indicative value, not contractual.
These general terms and conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order, as well as to any distributor prior to the conclusion of a single agreement referred to in Article L. 441-7 of the French Commercial Code, within the legal time limits.
Article 2 - Intellectual property
All technical documents, products and photographs provided to our customers remain the exclusive property of VAD ONLINE, the sole holder of intellectual property rights to these documents, and must be returned to it upon request.
Our customers undertake not to make any use of these documents that could infringe TilGreen's industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 3 - Orders
3.1 Online ordering
The buyer can place his order online, from the online catalog and using the form on the site. The buyer must choose the address and delivery method. Payment is made by credit card; either in full or in two installments.
Any order implies acceptance of the general conditions of sale, prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
If an ordered product is unavailable, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be carried out, the remainder of the order remaining firm and definitive.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractually binding.
Article 4 - Delivery
4.1 Time of delivery
Delivery is made:
either by direct delivery of the goods to the customer
- either by sending a notice of availability to the customer
- either at the place indicated by the buyer on the order form.
4.2 Deadline
The delivery time indicated when registering the order is given for information and guidance purposes only, and depends in particular on the availability of carriers and the order in which orders are received.
The supplier endeavours to respect the delivery time indicated upon acceptance of the order, based on the reference logistics time in the profession, and to execute the orders, except in cases of force majeure, or in the event of circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive.
Delays in delivery cannot give rise to any penalty or compensation, nor justify the cancellation of the order placed by the customer and recorded by the supplier.
4.3 Transfer of ownership and risks
Ownership of the thing sold is transferred to the buyer as soon as the parties agree on the thing and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the buyer's expense, upon acceptance of the purchase order by the supplier.
4.4 Transport
The risk of transport is borne entirely by the customer.
It is the customer's responsibility, in the event of damage to the delivered goods or missing items, to make all necessary reservations with the carrier.
Any product not subject to reservations by registered letter with acknowledgement of receipt within 24 hours of its receipt from the carrier and a copy of which will be sent simultaneously to the supplier, will be considered accepted by the customer.
4.5 Reception
Without prejudice to the arrangements to be made by the customer with respect to the carrier as described above, in the event of apparent or missing defects, any claim, whatever its nature, relating to the products delivered, will only be accepted by the supplier if it is made in writing, by registered letter with acknowledgement of receipt, within 2 days.
No return of goods may be made by the customer without the express prior written consent of the supplier, obtained in particular by fax or email.
The return costs will only be borne by the supplier in the event that an apparent defect or missing items are actually noted by the supplier or its agent.
Only the carrier chosen by the supplier is authorized to return the products concerned.
When, after inspection, an apparent defect is actually noted by the supplier or its agent, the customer may only ask the supplier to replace the non-compliant items and/or to provide additional compensation to cover the shortages at the supplier's expense, without the latter being able to claim any compensation or cancellation of the order.
The unconditional receipt of the products ordered by the customer covers any apparent and/or missing defect. Any reservation must be confirmed under the conditions provided above.
The claim made by the purchaser under the conditions and according to the procedures described in this article does not suspend payment by the customer for the goods concerned.
The supplier's liability cannot under any circumstances be called into question for events during transport, destruction, damage, loss or theft, even if it has chosen the carrier.
Article 5 - Refusal of order
In the event that a customer places an order with the supplier without having paid for the previous order(s), the supplier may refuse to honor the order and deliver the goods concerned, without the customer being able to claim any compensation, for any reason whatsoever.
Article 6 - Tariff - Price - Scale
6.1 Tarif
The current rate may be revised at any time, after prior notification to our customers.
The supplier undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Article 7 – Payment
7.1 Payment terms
The price of the Products and the delivery costs are payable in full by the CUSTOMER at the time the order is placed.
The website www.oscaretplume.com may offer the Customer the option of paying for their order using a choice of different payment methods:
By credit card:
After choosing the credit card payment method, the Customer is redirected to the secure interface of the payment system in order to securely enter their personal credit card details. If the payment is accepted, the order is registered and the contract definitively formed. Payment by credit card is irrevocable.
By bank transfer:
After choosing the payment method by bank transfer, and upon validation of the order, the Customer receives a confirmation of the registration of the order. In order to finalize his purchase by payment and trigger the processing of his order, the Customer must make the transfer corresponding to the amount of his order to the bank account of VAD ONLINE, the details of which are communicated to the Customer at the end of the order process. It is specified that this method of payment does not have priority over immediate payments, treated as a priority as firm purchases.
Upon receipt of the transfer, the order becomes a firm purchase and is then processed for shipment. The Customer is informed of this by e-mail.
In the event of non-receipt of the CUSTOMER's transfer within three days of the order, the termination clause applies and the sale is then automatically terminated.
Retention of title clause: VAD ONLINE retains full ownership of the Products until full payment of their price, principal and accessories.
7.2 Default or delay in payment
Any amount not paid, in whole or in part, on the due date will give rise to the payment by the customer of late payment interest calculated by taking the legal interest rate in force on the day of delivery of the goods increased by ten points.
These penalties are due by operation of law and will be automatically debited from the customer's account. They are calculated on the amount including tax of the sum remaining due, and run from the due date of the price without any prior formal notice being necessary.
In the event of late payment, the buyer will owe a fixed compensation for recovery costs, in the amount of 150 euros, automatically and without prior notification, in accordance with article D. 441-5 of the French Commercial Code. The supplier may request additional compensation from the buyer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
VAD ONLINE reserves the right to refer the matter to the competent court so that it can put an end to this non-performance, subject to a daily penalty payment for each day of delay.
7.3 Right of Withdrawal
In accordance with Article L121-21 of the Consumer Code, the Customer has a period of 14 working days from the date of receipt of his order to exercise his right of withdrawal and thus return the product to the seller, at his expense, for exchange or refund without justification or penalty (only returned items are refunded, any shipping costs charged on delivery to the Customer are not refunded in the context of a return for refund).
During the Christmas period, returns are possible until January 10th for all purchases made from December 1st.
The products must be returned in their original packaging, without having been used. The return costs are the responsibility of the Customer.
When returning the product, it is checked. In the event of traces of use, or if the product is not returned in the condition in which it was received, with its original packaging, a discount will be applied to the exchange or refund value. In the event of shocks, VAD ONLINE reserves the right to refuse the return of the product, or to apply a significant discount on its price in the event of visible shocks or traces of use. In the event of disagreement on the return value, VAD ONLINE will be entitled to return the product used by the Customer so that the latter keeps it. Of course, everything is done to find the best solution, Customer satisfaction being our priority.
Article 8 - Reservation of ownership
The transfer of ownership of the products is suspended until full payment of the price of these by the customer, in principal and accessories, even in the event of granting of payment terms. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with article L. 624-16 of the French Commercial Code.
By express agreement, the supplier may exercise the rights it holds under this retention of title clause, for any of its receivables, on all of its products in the possession of the customer, the latter being conventionally presumed to be those unpaid, and the supplier may take them back or claim them as compensation for all of its unpaid invoices, without prejudice to its right to terminate current sales.
The supplier may also require, in the event of non-payment of an invoice on the due date, the termination of the sale after sending a simple formal notice. Similarly, the supplier may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its products in the possession of the customer, who undertakes, from now on, to allow free access to its warehouses, stores or other for this purpose, ensuring that the identification of the products is always possible.
In the event of the opening of a judicial recovery or liquidation procedure, current orders will be automatically cancelled, and the supplier reserves the right to claim back goods in stock, sold and remaining unpaid.
This clause does not prevent the risks of the goods from being transferred to the buyer upon their delivery to the latter.
Article 9 - Guarantee of apparent and hidden defects
The products are delivered with a contractual warranty lasting two years, from the date of delivery.
This warranty covers the non-conformity of the products to the order and any hidden defect, arising from a material, design or manufacturing fault affecting the products delivered and making them unfit for use.
In any event, in the event that the seller's liability is retained, the seller's guarantee would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.
Under these conditions, the supplier will replace or repair the products or parts under warranty, this warranty also covering labor costs.
The products must be checked by the customer upon delivery, and any claim, reservation or dispute relating to missing items and apparent defects must be made under the conditions set out in the articles above. In the event of apparent defects, the defective parts are replaced by us, subject to verification of the alleged defects. The customer must provide any justification as to the reality of the defects noted, the supplier reserving the right to carry out, directly or indirectly, any observation and verification on site.
The denunciation of defects existing at the time of delivery, and revealed after receipt of the products, must be made by the customer in writing within 5 days following the date on which he discovered the lack of conformity. No denunciation will be taken into account if it occurs more than 5 clear days from the delivery of the products.
No action for non-conformity may be brought by the customer more than thirty days after delivery of the products. It is expressly agreed by the customer's acceptance of these general terms and conditions of sale that after the expiry of this period, the customer may not invoke the non-conformity of the products, nor oppose it in a counterclaim to defend itself in the event of an action for recovery of debts brought by the supplier. In the event of failure to comply with these conditions, the supplier's liability towards the customer, on the basis of a hidden defect, may not be called into question.
Defects and deterioration of the products delivered resulting from abnormal storage and/or conservation conditions at the customer's premises, particularly in the event of an accident of any nature whatsoever, will not give rise to the guarantee due by the supplier.
Under the warranty against hidden defects, the supplier will only be required to replace defective goods free of charge, without the customer being able to claim damages for any reason whatsoever.
The supplier guarantees its products against hidden defects, in accordance with the law, customs, case law, and under the following conditions:
the warranty only applies to products which have regularly become the property of the buyer;
it only applies to products entirely manufactured by the supplier;
it is excluded when our products have been used in conditions of use or performance not anticipated.
Article 10 - Attribution of jurisdiction/applicable law
Any question relating to these general conditions of sale and to the sales they govern, which is not dealt with by these contractual provisions, will be governed by French law to the exclusion of any other law, and as a supplement, by the Vienna Convention on the International Sale of Goods.
Any dispute concerning the application of these general terms and conditions of sale and their interpretation, their execution and the sales contracts concluded by the supplier, or the payment of the price, will be brought before the commercial court of Saint Nazaire, regardless of the place of the order, delivery, and payment and the method of payment, and even in the event of a call for guarantee or multiple defendants.
The bills of exchange do not constitute any novation or derogation from this jurisdiction clause.
The attribution of jurisdiction is general and applies whether it is a principal claim, an incidental claim, an action on the merits or an interim relief.
Furthermore, in the event of legal action or any other debt recovery action by the supplier, the costs of summons, court costs, as well as lawyer and bailiff fees, and all additional costs will be borne by the offending customer, as well as costs linked to or arising from the customer's failure to comply with the payment or delivery conditions of the order in question.
Article 11 - Buyer's acceptance
These general conditions of sale are expressly approved and accepted by the buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase.