GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – General information
The company Société Nouvelle Virebent, based at Rue de l’usine, 46700 Puy-l’Évêque, France and represented by manager Ms. Frédérique Caillet, sells Virebent designed and produced items via its website: "www.virebent.com/boutique" (hereafter called "Porcelaine du Lot Virebent").
The present general terms dictate the methods and conditions of online sales by Société Nouvelle Virebent of the items listed on the Société Nouvelle Virebent website.
All orders made by a CLIENT via the Société Nouvelle Virebent website imply that the general terms of sale herewith have been completely and totally agreed upon, with the exception of any other documents produced by Société Nouvelle Virebent.
The CLIENT consequently recognizes that any conditions contrary to the agreement, unless expressly accepted by Société Nouvelle Virebent, regardless of when they were brought to the latter’s attention, do not apply.
ARTICLE 2 – General product information
The Société Nouvelle Virebent website provides a description of the products for sale, allowing the potential buyer to understand the main characteristics of any given product before making a final sale, in accordance with Article L.111–1 of the French Consumer Code. Virebent’s liability will not be invoked in the event of error in the text description. It should also be noted the photographs are not of a contractual nature.
ARTICLE 3 – order process / Acceptance of the offer
– Before placing an order, it is the responsibility of the CLIENT to review the general terms of sale, as presented on the Société Nouvelle Virebent website.
– After putting the desired objects in his/her shopping basket, the CLIENT will be directed to an online order form, including a request for necessary contact information, namely: first and last name, mailing address, delivery address, e-mail address, etc.
– The sale will be considered final only after the CLIENT has confirmed and paid for the order.
– The automatic recording systems are considered as proof of the nature, content and date of the order.
Société Nouvelle Virebent reserves the right to cancel any order made by a CLIENT with whom there is a payment dispute from a previous order.
The buyer is bound by the data provided when the order was placed.
ARTICLE 4 – Prices
– The selling price of the articles chosen by the client are listed on the Société Nouvelle Virebent website.
Prices are in Euros and include tax. They do not include shipping charges.
The price indicated at the time of the confirmed order is the final price.
The selling price of the articles on the Virebent website is subject to change at any time, for any reason.
– Shipping charges are indicated on the order form.
– The corresponding invoice is available online, on the "Customer page". Upon request, a paper copy of the invoice will be sent to the CLIENT.
ARTICLE 5 – Payment procedure
Payment transactions are carried out online by credit card (Visa, American Express and MasterCard are accepted).
The card number should be entered onto the Société Nouvelle Virebent website, which acts as an interface with the bank who securely encrypts the banking data.
– The CLIENT’s card will not be debited until the order has been confirmed.
– The CLIENT’s confirmed order will be considered valid only after the bank payment center has issued its approval. In the case of a bank’s refusal, the order will be automatically cancelled and the CLIENT will be informed by e-mail.
ARTICLE 6 – Delivery
– Products advertised on the Société Nouvelle Virebent website are available while stocks last.
– All orders are systematically confirmed by e-mail, and shipping details provided.
Estimated shipping times are not guaranteed, unless indicated as such on the Société Nouvelle Virebent website, and can vary according to destination. Société Nouvelle Virebent is not responsible in case of late delivery.
However, if 30 days after the delivery time indicated the product has not been delivered, for any other reason than force majeure, the sale may be cancelled and the Buyer may obtain full refund, excluding all other indemnities or damages
– Société Nouvelle Virebent is not responsible for any change or error in shipping time or product availability. However, the CLIENT is welcome to cancel the order.
– The transfer of risks for ordered products is in effect once the product has been delivered. Therefore, the products are shipped at Société Nouvelle Virebent’ risk. The CLIENT cannot be held responsible for any incident endured by the product during the shipping.
ARTICLE 7 – Return policy
– The CLIENT has a retraction period of 14 working days upon reception of his/her order.
– The product/s must be returned in perfect condition, with all original packaging, accessories, instructions and paperwork to:
Société Nouvelle Virebent
Rue de l’usine
Société Nouvelle Virebent will reimburse the CLIENT or exchange the article. The return–shipping fee, however, is at the CLIENT’s charge.
– If the delivered article is defective or does not correspond to the product ordered, Société Nouvelle Virebent will reimburse the CLIENT or exchange the article, reimburse the CLIENT for the return shipping charges and pay the shipping charges, in case of exchange.
ARTICLE 8 – Personnal information
– The CLIENT’s personal information will remain confidential, and only be used within the framework of the order and subsequent follow-up.
– According to the Law n° 78–17 of January 6, 1978 concerning data processing, data files and individual liberties, modified by the Law of August 6, 2004, the CLIENT has the right to access, modify, correct and suppress his/her personal information.
– Société Nouvelle Virebent use "cookies" to accelerate access to the website (by bypassing verification of the company’s client database).
– A "cookie" is a small computer application sent by Société Nouvelle Virebent to your computer, that doesn’t allow you to be identified.
– The "cookie" only records information concerning your visits to the Société Nouvelle Virebent website (which pages were visited and when), information that can be read upon future visits to the Société Nouvelle Virebent website.
– In this case, it contains the information submitted by the CLIENT on the Société Nouvelle Virebent online order form. This way, the CLIENT won’t have to fill out the form again on his/her next visit to the website. The information is then conserved in the Société Nouvelle Virebent database.
– The CLIENT can deactivate "cookies" or remove them from his/her computer, by configuring his/her navigator. This may result in slower or incomplete access to the Société Nouvelle Virebent website.
ARTICLE 9 – Intellectual property
All the designs and products presented on the Société Nouvelle Virebent website, as well as any texts, comments, works, illustrations and images figuring on the Société Nouvelle Virebent website, are protected by current regulatory laws concerning copyright, design and models and patents worldwide.
This information therefore cannot be modified, copied, sent, forwarded or distributed in any format, be it content from the pages of the Société Nouvelle Virebent website, including the configuration files, unless expressly authorized by Société Nouvelle Virebent.
Any unauthorized use of the Société Nouvelle Virebent website and/or its content will be considered forgery and punishable by the legal provisions of the French Intellectual Property Code.
ARTICLE 10 – Reponsibility
– Virebent is not responsible for cancelled or incorrect orders due to force majeure or external causes.
– The designs and products available on the website are in compliance with current French legislation.
Société Nouvelle Virebent cannot be held responsible for the non-respect of legislation in the case of a delivery outside France.
– The buyer is solely responsible for the choice and purchase of any given product.
Virebent is not responsible for the impossibility to use the purchased product for whatever reason, and is without prejudice to Articles 7 and 10.5 herewith.
– Société Nouvelle Virebent can not be held responsible for: the malfunction of the Société Nouvelle Virebent website and/or the applications used on or obtained from the Société Nouvelle Virebent website; the loss of data or services resulting in a delay, failure to provide totally or partially, disruptions in service and any imprecision, quality or nature of information obtained by its services, consequences arising from that, or any damage resulting from a virus transmitted by a server; fees, loss of profit, or indirect loss brought on the use of the Société Nouvelle Virebent website by a CLIENT, or the impossibility for a CLIENT to access the website.
– The CLIENT may benefit from the legal warranty of conformity and the warranty for hidden faults for products L211–1 à L211–12 of the French Consumer Code and 1641 to 1649 of the French Civil Code.
– The paid invoice must be presented in order to take advantage of either of these guarantees.
ARTICLE 11 – Hyperlink texts
– The Virebent website may be linked to or from other sites, managed by third-party partners, within the framework of affiliate programs.
– In no way does Virebent control the information, products or services offered via these other sites.
– Virebent is not responsible for the offers made by the aforementioned third-party partners and does not participate in any offers, transactions, sales, deliveries or payment of goods and services.
– The clauses, general terms, and guarantees related to these offers must be renowned to be agreed upon by the CLIENT and the third-party.
– Virebent has no responsibility or obligation concerning all or part of any such offer, transaction, sale, correspondence or participation.
ARTICLE 12 – Applicable law and dispute settlement
The present contract is subject to French law.