GENERAL TERMS AND CONDITIONS OF SALE VESTRIDE
ARTICLE 1 - SCOPE OF APPLICATION
The present "General Terms and Conditions of Sale" apply between
a company belonging to
MORS AND MORE,
with a share capital of 500€.
60 CHAUSSEE ALBERT EINSTEIN - 59 200 TOURCOING
Intracommunity VAT number FR67804391498
RCS of Lille Metropole N° B 804 391 498
Phone 06 36 40 70 16
Any natural person who is acting for purposes that are not part of his or her commercial, industrial, craft or liberal activity visiting or making a purchase via the website www.vestride.com
Hereafter the "Customer".
These GTC are intended to define the terms of distance selling between Vestride and the Customer, from the order to payment and delivery. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.
By placing an order, the Customer acknowledges having read, understood and accepted the GTC. These GTC may be subject to change, the conditions applicable are those in force on www.vestride.com at the date of placing the order of the Customer.
The Customer acknowledges that he/she is using the Vestride website for personal use and is prohibited from reselling all or part of the Products ordered for profit.
The Customer declares to have the capacity to enter into this contract: to be of legal age and not to be under guardianship or curatorship.
ARTICLE 2 - PRODUCTS
The products offered for sale by Vestride are those listed on the site www.vestride.com, on the day the Customer consults the site.
The products offered for sale on the site www.vestride.com are announced within the limits of available stocks. As soon as a product is no longer available, the Customer is informed by the mention "unavailable" on the product sheet and the impossibility of adding it to the basket.
They are described and presented as accurately as possible. The information provided on the product sheet includes the essential characteristics of the products such as their composition, weight, maintenance recommendations, use or information on their certification with regard to European standards.
The Customer may also contact Vestride via the contact form to obtain additional information.
ARTICLE 3 - ORDERING
In order to place an order, the Customer must first identify himself or register on the website www.vestride.com by completing the "Create your account" form.
Any order confirmed by the Customer implies express acceptance of the prices displayed and the descriptions of the products available for sale. In addition, the Customer declares to have previously read these GTC before placing his order. The validation of the order implies acceptance of these GTC.
At each stage of the order process, the Customer may at any time check the content of his/her order and have access to all the information relating to the selected products, their price, the delivery conditions, the conditions and means of payment and the right offered to him/her to withdraw from the order.
The validation of the order and its payment is final confirmation of the order. Vestride will confirm the order by sending an e-mail containing all the information already communicated, the GTC and the withdrawal form.
For reasons of availability of the Products ordered, an order may be subject to several successive deliveries to the customer.
In the event that the customer wishes to have the Products ordered delivered to two separate addresses, the customer must place two (2) separate orders.
Vestride reserves the right to refuse or cancel any order, particularly in the event of the customer's insolvency or in the event of non-payment of the Sales Order in question.
The information provided by the client when making the Sales Order is strictly binding. The client is exclusively responsible for any information that he or she provides when making the Sales Order. shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s) ordered.
ARTICLE 4 - SHIPPING COSTS, CONDITIONS AND DELIVERY TIMES
After confirmation of the Order and subject to full payment of the price of the products ordered, Vestride undertakes to send the Customer the products ordered to the delivery address within 24 to 48 hours.
Receipt of the delivery
Vestride takes every precaution to ensure that the products arrive in perfect condition. The Customer is required to check the condition of the packaging and the conformity of the product delivered, and if necessary to make any reservations on the carrier's delivery note.
Delivery area and rates
The delivery will be made by Colissimo, Mondial Relay or DHL. The associated rates are available by clicking on the delivery tab of our site.
Where applicable, the customer agrees to pay upon receipt, all taxes, duties, fees and other charges present and future due under the delivery of such products, the joint responsibility of Vestride can at no time be incurred in this regard.
In the event of a delay in delivery exceeding seven (7) days, the Customer may, if he or she so wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt to the following address
60 Chaussée Albert Einstein
However, this right must be exercised within sixty (60) working days from the delivery date initially provided for in the contract.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal within 14 days of receipt of the order without having to justify his decision or incur any other costs, the cost of return is borne by the Customer. Vestride will pay the cost of returning the package in the event of an exchange or return on the vest and airbag ranges.
In order to exercise this right, the Customer can fill in the return form on the return tab of the website or use the withdrawal form which is located in the appendix of these General Terms and Conditions of Sale.
The Customer can also express his will on plain paper, without ambiguity, by announcing that he exercises his right of withdrawal.
Once completed or written, the withdrawal form must be slipped into the return package. It can also be returned to the following address email@example.com
The Customer undertakes to return the Products in new condition, intact, with all accessories, instructions for use and documentation, together with the withdrawal form, if applicable, to the following address
60 CHAUSSEE ALBERT EINSTEIN
Vestride reserves the right to refuse the return of a product if it is returned in poor condition or if it appears to have been used. Vestride will then inform the Customer of the refusal.
If the Customer makes use of his right of withdrawal, Vestride undertakes to refund the sums paid by the Customer, free of charge.
The refund will be made within a maximum of 14 days from the date on which Vestride became aware of the Customer's wish to withdraw. However, Vestride reserves the right to defer the refund until it receives the products concerned by the withdrawal.
ARTICLE 6 - PRICE
The price is expressed in Euros (€) for Europe, in Pounds Sterling for England and in Dollars for the United States. The price displayed includes all taxes, including VAT, and excludes delivery costs, which remain the responsibility of the Customer, unless otherwise stated. The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate were to be modified, it would automatically be reflected in the price of the products.
Vestride reserves the right to modify its prices at any time. The products will be invoiced on the basis of the rates in force at the time the order is registered.
ARTICLE 7 PAYMENT
The price of the Products is payable in cash by one of the means of payment proposed on the site on the day of the effective order.
The payment is made :
- By credit card
- By Paypal
- By check
- By bank transfer
Online payment by credit card:
Accepted cards are Carte Bleue, Visa, Mastercard
The price invoiced to the Customer is the price indicated on the Order confirmation sent by Vestride.
The Order validated by the Customer will only be considered effective once the secure bank payment center has given its approval of the transaction and, where applicable, after acceptance of the risk by the insurer.
The Vestride site applies the policy of securing payments with the 3-D Secure device, which is a protocol for securing transactions.
The purpose of this protocol is to enhance transaction security and make card payments on the Vestride website much easier through the analysis of a wide range of data, a biometric authentication process and an improved and uniform online experience.
Depending on the results of this analysis, a strong authentication may be requested from the Customer (biometric type solution and/or connection to his online bank), exit the sending of a code by sms.
Online payment by Paypal:
In the case of a payment of the order by Paypal, the Customer having a PayPal account enters his e-mail address linked to his PayPal account and his PayPal password. PayPal encrypts all the information that the Customer has communicated to it when creating the account.
Thus, no information other than the Customer's e-mail address is communicated to Vestride.
Financial and personal information is automatically encrypted when any sensitive information is sent to the PAYPAL servers. For more information on the security of transactions carried out between PAYPAL and the Customer's bank, Vestride invites the Customer to contact the PAYPAL company.
In the case of a return of an item, the refund will be made in the form of a re-credit to the Paypal account used for the payment of the original order.
Payment by check:
The Customer can make his payment by check. In this case, the products will be shipped only after receipt of the check to the following address
60 CHAUSSEE ALBERT EINSTEIN
59 200 TOURCOING
Payment by bank transfer:
Vestride's bank details are communicated to the Customer after he/she has chosen bank transfer as the method of payment when confirming his/her order.
Vestride's bank details are those specified below:
Bank account number (IBAN): FR76 3000 4005 0400 0102 0897 221
ARTICLE 8 - LIABILITY
Vestride cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
In addition, Vestride is not liable for any failure to meet its contractual obligations in the event of force majeure or an unforeseeable and insurmountable act of a third party to the contract, or in the event of a fault attributable to the Customer that does not allow Vestride to perform its obligations in the context of distance selling.
Finally, Vestride cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from the malfunction or misuse of the Products sold.
ARTICLE 9 - GUARANTEE
All the products on sale on the site www.vestride.com benefit from the legal guarantee of conformity (articles L217-1 and following of the Code of consumption) and the guarantee against the hidden defects (articles 1641 and following of the Civil code), allowing the Customer to send back the defective or nonconforming products delivered.
It is reminded that the Customer who decides to act in legal guarantee of conformity:
- Has a period of two years from the delivery of the goods to act;
- Can choose between repair or replacement of the good, subject to the conditions of cost provided for by Article L211-9 of the Consumer Code;
- Is exempted from proving the existence of the lack of conformity of the goods during the first twenty-four (24) months following the delivery of the goods.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
The Customer may also, if he/she wishes, subscribe to additional warranties allowing him/her to extend the duration of the legal warranty. These warranty extensions, when possible, are proposed on the product sheet. The conditions of subscription are specified in the "Description" of the product.
In accordance with the law, Vestride guarantees, in any case, the Customer against all the consequences of defects or hidden defects of the thing sold.
Reminder of the provisions of the Consumer Code:
Article L217-4 of the Consumer Code: The seller is required to deliver a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code: To be in conformity with the contract, the goods must:
1. Be fit for the purpose usually expected of a similar good and, where appropriate :
- Correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- To present the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-7 of the Consumer Code: Defects of conformity that appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L217-8 of the Consumer Code: The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials he himself supplied.
Article L217-9 of the Consumer Code: In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L217-10 of the Consumer Code: If repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him:
1. If the solution requested, proposed or agreed upon in application of article L. 211-9 cannot be implemented within one month following the buyer's complaint
2. Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he is seeking. The resolution of the sale can not be pronounced if the lack of conformity is minor.
Article L217-11 of the French Consumer Code: The application of the provisions of articles L. 211-9 and L. 211-10 is without any cost for the buyer. These same provisions do not prevent the allocation of damages.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13 of the French Consumer Code: The provisions of the present section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law.
Reminder of the provisions of the civil code:
Article 1641: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.
Article 1644: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him, as arbitrated by experts.
Article 1648: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The Customer can contact the customer service by phone at 06.36.40.70.16 or by mail at the following address: firstname.lastname@example.org
ARTICLE 10 - COMPLETENESS
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.
ARTICLE 11- DURATION
These terms and conditions apply for the entire duration of the products and services offered by Vestride online.
ARTICLE 12 - DATA PROCESSING AND FREEDOM
The personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and routing of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the non-validation of the Order.
In accordance with the French "Informatique et Libertés" law, the processing of personal information concerning the client has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
The Customer has (Article 34 of the Act of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise with Vestride. In addition, Vestride undertakes not to communicate, free of charge or in exchange for payment, the details of its customers to a third party.
ARTICLE 13 - APPLICABLE LAW AND DISPUTES
These general conditions of sale are subject to French law.
In case of dispute, only the French courts will be competent.
In the event of a dispute arising from this contractual relationship, the Customer and Vestride undertake to seek an amicable solution before taking any legal action.
In accordance with Article 14 of Regulation (EU) No. 524/2013, any consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional. To do this, you can file a complaint online on the European Commission's website.
ANNEX - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.vestride.com.
By post: For the attention of Vestride
60 CHAUSSEE ALBERT EINSTEIN
By e-mail : email@example.com
I notify my withdrawal from the contract for the purchase of the following product:
Order number :
Invoice number :
Date of invoice :
Date of receipt :
Customer's name :
Customer Address :
Customer's signature (only if sent on paper)