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Terms of Sales

CHLOE MARICHEZ

Auto business

85 rue la Fayette 75009, Paris

SIRET: 900 587 668 00014

 

GENERAL CONDITIONS OF ONLINE SALE OF THE SITE

www.vaniseghem.design

 

 

 ARTICLE 1 - DEFINITIONS 

 

 

 

The company is the owner and publisher of the website www.vaniseghem.deign (hereinafter ''the Site''). The Site is hosted by Wix.

 

The publication director is Chloé Marichez.

 

The Site offers the Customer (hereinafter ''the Customer'') the possibility of benefiting from the products offered by the company, namely decorative products such as wine carafes.

 

Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and order the products of the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

 

- Is hereinafter referred to as “Pre-order” the situation in which the Customer wishes to purchase a Product that has not yet been manufactured by VAN ISEGHEM.

 

- Articles containing the notion of “order” also apply to “pre-orders”.

 

ARTICLE 1 - SCOPE

These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site www.vaniseghem.design. The Products offered for sale on the site are as follows:

 

HOURGLASS

Reference: 01.EX

 

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the vaniseghem.design site, which the customer is required to read before ordering.

 

The visuals of the products are present for information only.

 

The choice and purchase of a Product are the sole responsibility of the Customer.

 

Product offers are valid within the limits of available stocks, as specified when placing the order.

 

These T&Cs are accessible on the vaniseghem.design website or can be sent by email at the Customer's request and will prevail over any other document.


The valid T&Cs are the T&Cs in place on the date the order is placed.

 

The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the digital or handwritten order procedure.

 

Unless proven otherwise, the data recorded in the Seller's computer system as well as the printed and handwritten documents constitute proof of all transactions concluded with the Customer.

 

The Seller's contact details are as follows:

 

Name: Marichez

First name: Chloe

Company: Chloe Marichez

Commercial name: Van Iseghem

Postal address: 85 rue la Fayette 75009 Paris, FR

Email address: contact@vaniseghem.design

Telephone: +33 (0)6 18 42 45 25

Status: Self-employed

SIRET: 900 587 668 00014

 

ARTICLE 2 - PRICE

The Seller communicates an indicative price to the Customer on the vaniseghem.design site. The price on the vaniseghem.design site being indicative, the Customer must request a quote from the Seller.

 

Prices are expressed in Euros, excluding and including tax. Chloé Marichez is a micro-enterprise, therefore VAT is not applicable, article 293 B CGI.

 

Orders are subject to a previously accepted estimate. The signature of the estimate constitutes an act of order.

 

The quotes established by the Seller are valid for a period of thirty (30) days after their establishment.

 

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

 

The price may be staggered.

 

An invoice is drawn up by the Seller and given to the Customer after validation of the estimate.

 

The Customer must make payment in full at the time of purchase

 

In the case of a shipment outside the European Union and DROM-COM, taxes may be invoiced upon receipt of the package by the customer. These taxes, which depend on the country, remain the responsibility of the customer. It is up to and recommended to the customer to carry out the necessary checks and procedures prior to the validation of the order.

 

Prices do not include delivery costs outside Europe. Specific or tailor-made requests are invoiced in addition. These additional charges must call for a request by email for the creation of a specific quote.

 

The Chloé Marichez company cannot be bound by the display of an erroneous, obviously derisory price, whatever the reason.

 

ARTICLE 3 PRE-ORDERS AND ORDERS

 

Explain what a pre-order and an order are, advantages, disadvantages, differences. What applies to orders and pre-orders

 

Products:

All Carafes - Reference: 01.MD.S – Pre-orders

 

It is up to the Customer to select on the vaniseghem.design site the Products he wishes to order, according to the following methods:

 

To pre-order, the Customer must go to the “Decanter Pre-orders” page. The Customer must select the Product(s) he wishes to pre-order. The Customer must select the desired quantity per item.

 

The Customer must provide us with his contact details, delivery address and billing address. If the Customer is a professional, he should provide us with all the necessary information requested in the form to be able to produce the invoice.


The selected Products will be in the Shopping Cart. There, the Customer can make the payment by credit card. Following this payment, the Customer will receive a confirmation email and an invoice.

 

 

In the event that the Customer has specific requests or his delivery address is outside Europe, an estimate will be made. Payment of the estimate must be made upon signature of the estimate. The order is only taken into account by the Seller upon receipt of the completed and signed quote and payment. After receipt of payment by bank transfer, an acknowledgment of receipt will be sent to the Customer.

 

It is the Customer's responsibility to verify the accuracy of the order or quote and to immediately report any errors.

 

Product offers are valid as long as they are visible on the site, within the limits of available stocks. The Seller reserves the right to withdraw the Products from sale at any time.

Any order placed with Chloé Marichez constitutes the formation of a contract concluded remotely or face-to-face between the Customer and the Seller.

 

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

 

Article 4 – Terms of payment

 

The price is paid by secure payment, according to the following terms:

• payment by credit card on the site www.vaniseghem.design

 

For specific requests requiring the creation of an estimate, the price is paid by secure payment, according to the following terms:

• payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer on the quote)

 

The price is payable in cash by the Customer, in full on the day the order is placed.

 

Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

 

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

 

The Chloé Marichez company will remain the owner of the products ordered until full payment of the price, it being understood that the transfer of risks takes place upon delivery of the products.

 

The Chloé Marichez company reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. The Chloé Marichez company reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. administration.

 

ARTICLE 5 - DELIVERIES

The Products ordered by the Customer can be delivered worldwide. Delivery outside the European Union will require additional costs as well as customs charges that the Customer is responsible for paying. Delivery to Geneva - Switzerland is free but does not include customs fees.

 

For Products named Carafes, delivery is scheduled for the end of October 2022 with a delivery time of up to the end of November 2022 to the address indicated by the Customer mentioned on the order form.

 

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

 

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

 

If the Products ordered have not been delivered on January 1, 2023, the Customer may immediately from 01/01/2023 cancel his order, for any reason other than force majeure or the Customer's act, the sale may be resolved at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code.

The sums paid by the Customer will then be returned to him no later than thirty (30) days following the date of termination of the contract, excluding any compensation or deduction.

 

Deliveries are made by an independent carrier, La Poste, a postal carrier of the country concerned or Chloé Marichez, to the address mentioned by the Customer when ordering and to which the carrier can easily access.


When communicating the Customer's personal or professional details, the latter must ensure the accuracy and completeness of the mandatory data that he provides. In the event of an error in the wording of the recipient's contact details, the Chloé Marichez company cannot be held responsible for the impossibility of delivering the product.


Any change of delivery address will be subject to additional specific invoicing payable by the Customer.

 

When the Customer has himself taken charge of using a carrier that he chooses himself, the delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.

 

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the Customer.

 

The Customer is required to check the condition of the products delivered. He has a period of three (3) days from delivery to make complaints by post, email, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

 

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.

 

The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

 

The Chloé Marichez company cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular of postal services and means of transport and/or communications) .

 

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

 

 

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »

 

In accordance with the law, the customer has a period of fourteen (14) days from the date of dispatch of the package to inform the company Chloé Marichez of the decision to withdraw, whatever the pattern.

 

The right of withdrawal can be exercised, using the attached withdrawal form available on the site or any other declaration, unambiguous, expressing the will to withdraw and in particular by postal mail addressed to the Seller at the coordinates postal or email indicated in ARTICLE 1 of the GCS.

 

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.

It is understood that the costs and risks of transport are the responsibility of the customer.

 

Damaged, soiled or incomplete Products are not taken back. The return costs remain the responsibility of the Customer. The exchange (subject to availability) or refund will be made within twenty (20) days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.


If the object has been physically seen by the Customer before ordering, the latter will not be able to access the right of withdrawal.

 

ARTICLE 8 - RESALE

Professionals who have purchased "teps des dunes" carafes must resell the carafes at a minimum price of:

Water carafe €220 HT 

Wine decanter - Oxygenation €235 excl. tax

Wine carafe - Decanter 235€ HT

 

Set of 3 decanters €650 HT 

 

Or + 30%

ARTICLE 9 - SELLER'S LIABILITY - GUARANTEES

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,

• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

 

Provisions relating to legal warranties

 

Article L217-4 of the Consumer Code

 

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

 

Article L217-5 of the Consumer Code

 

“The property is in accordance with the contract:

 

1° If it is specific to the use usually expected of a similar item and, where applicable:

 

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

 

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

 

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »

 

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 1641 of the Civil Code.

 

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

 

Article 1648 paragraph 1 of the Civil Code

 

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

 

Article L217-16 of the Consumer Code.

 

"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »

 

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

 

The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

 

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.

 

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 182 days of the Seller's finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.

 

The responsibility of the Seller cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,

• in the event of misuse, use considered abnormal, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force major.

• The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

 

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.

 

ARTICLE 10 - PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.

 

The Customer is also informed that the collection of his personal data is also necessary in view of the following purposes:

 

It is necessary for the processing for the sale of the products and transmission to a third party for their delivery.

It is necessary for the performance of a contract with the data subject or pre-contractual measures such as an estimate.

 

9.1 Collection of personal data

 

The personal data collected on the vaniseghem.design site are as follows:

 

Account opening

 

When creating the Client / user account:

 

Surnames, first names, postal address, telephone number and e-mail address.

 

Company name, Siret.

 

Payment

 

As part of the payment for the Products offered on the vaniseghem.design site, the latter records financial data relating to the bank account or the credit card of the Customer / user.

 

9.2 Recipients of personal data

 

Personal data is reserved for the sole use of the Seller and its employees.

 

9.3 Data controller

 

The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

 

9.4 limitation of processing

 

Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

 

9.5 Duration of data retention

 

The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.

 

9.6 Security and privacy

 

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

9.7 Implementation of Customer and user rights

 

In application of the regulations applicable to personal data, Customers and users of the vaniseghem.design site have the following rights:

• They can update or delete the data concerning them as follows:

 

• They can delete their account by writing to the following email address:contact@vaniseghem.design

• They can delete their account by writing to the email address indicated in article 9.3 "Data controller".

• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".

• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".

• They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".

• They can also request the portability of the data held by the Seller to another service provider

• Finally, they can object to the processing of their data by the Seller

 

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

 

The controller must provide a response within a maximum of one month. In the event of refusal to grant the Customer's request, the latter must be motivated. The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

 

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the vaniseghem.design site is the property of the Seller and is protected by French and international laws relating to intellectual property.

 

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

ARTICLE 12 - APPLICABLE LAW - LANGUAGE

These T&Cs and the resulting operations are governed by and subject to French law.

 

In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

 

 

Article 13: APPLICABLE AND LEGAL LAW 

These general conditions of sale are subject to French law. Any dispute will be brought before the courts on which the registered office of the Chloé Marichez company depends. In the event of a dispute or complaint, the customer must first contact the Chloé Marichez company to obtain an amicable solution.

 

 

Article 14: PARTIAL NON-VALIDATION 

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

 

 

ARTICLE 15 - DISPUTES

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GCS.

 

The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

In this case, the designated mediator is

…………………….

…………………………….

……………………..

E-mail :

 

The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show

 

All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.

 

APPENDIX I

 

Withdrawal form

 

Date :

 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on vaniseghem.design except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

 

To the attention of Chloé Marichez

 

85 rue la Fayette

75009 Paris

 

I hereby notify the withdrawal of the contract relating to the property below:

 

- Order of (indicate the date): ……………………………………………..

 

- Order number: ……………………………………………..

 

- Client name : ……………………………………………..

 

 - Customer address: ……………………………………………..

 

 

Signature of the Client (only in the event of notification of this form on paper)

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