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1 - VELECTA PARAMOUNT®: A simplified joint-stock company with share capital of EUR 410,624, registered office at Zac de la Grange – 41200 Romorantin-Lanthenay – France, registered in the Blois Trade and Companies Register under number 300 460 011, represented by its legal representative or duly authorised representative, domiciled in this capacity at the said registered office; hereafter “VELECTA PARAMOUNT®”.
2 –DEFINITIONS
The capitalised terms herein, whether used in the singular or plural, will have the following meanings:
Warranty Card: Refers to the 2-year warranty certificate for VELECTA PARAMOUNT® Products applicable under the conditions defined herein or on the Warranty Card delivered with the Product; the Warranty Card is contractually binding for both Parties;
GCUs: Refers to the General Conditions of Use of the Website which are applicable to any visitor to the Website;
General Conditions of Sale: Refers to these general conditions of sale, which are accepted by the Customer without reservation before confirmation of their order;
Customer: Refers to the customer who placed an order for the Product(s) on the VELECTA PARAMOUNT® Website;
Price: Refers to the price owed by the Customer to VELECTA PARAMOUNT® for the purchase of the Product(s) on the Website;
Product Prices: Refers to the price of the Products as published on the Website; these prices are subject to change at the sole discretion of VELECTA PARAMOUNT®;
Products: Refers to the products ordered by the Customer on the Website;
VELECTA PARAMOUNT® Products: Refers indiscriminately to all the products offered for sale by VELECTA PARAMOUNT® on the Website;
Website: Refers to the VELECTA PARAMOUNT® commercial website accessible via the URL address: www.velecta-paris.com.
3 – PURPOSE OF THE GENERAL CONDITIONS OF SALE – SCOPE OF APPLICATION
The purpose of these General Conditions of Sale is to define the terms and conditions applicable to the sale of VELECTA PARAMOUNT® Products to the Customer on the Website.
These General Conditions of Sale apply to all orders placed on the Website – the content of which is contractually binding for the Customer and VELECTA® – and to the exclusion of all other terms and conditions of sale, in particular those of independent physical or online distributors who also distribute and sell VELECTA PARAMOUNT® Products.
Prior to their order, the Customer declares that their acquisition of these products is intended for a use unrelated to their professional activity. In the opposite case or if the Customer makes a false declaration, he may be excluded from the warranties on the Product(s).
4 - ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE – AMENDMENTS TO THE GENERAL CONDITIONS OF SALE
These General Conditions of Sale are enforceable against the Customer and are contractually binding for both Parties with effect from the date of the order of the Products on the Website under the conditions defined in Article 5 below, the Customer having first declared that they have read and understood them and accepted all the terms without reservation. Any tolerance or exceptional waiver by VELECTA PARAMOUNT® in relation to the application of all or part of these General Conditions of Sale will not be deemed to constitute an amendment to these General Conditions of Sale, which will remain fully applicable, nor will such a decision be likely to create any rights whatsoever. These General Conditions of Sale may be updated at any time on the Website at the discretion of VELECTA PARAMOUNT®; the version applicable to any sales made to the Customer is the version in force on the date of the order.
5 - ORDER – ORDER CONFIRMATION – REJECTION – PRODUCT AVAILABILITY
5.1. Orders may only be placed by the Customer through the Website.
Any order placed implies the Customer’s full knowledge and acceptance of the GCUs of the Website and the General Conditions of Sale. The Customer declares that they have the legal capacity for such acceptance and for the placing of the order on the Website.
Any order by the Customer implies following the steps on the Website as listed below and described in more detail in the GCUs:
However, the Order will only be definitively concluded (and consequently binding for the Parties) after the consecutive completion of: (i) its validation by VELECTA PARAMOUNT®; (ii) confirmation of full payment of the Price; and (iii) acceptance by the payment centre.
The summary of the accepted Order or notification of the rejection of the Order will be sent by email to the Customer after the Order is placed.
5.2. Orders placed by the Customer on the Website comply with the double-click principle, which the Customer acknowledges. Consequently, the Customer acknowledges having been fully informed, in the course of following the order steps on the Website, of the content and conditions of the Order (notably the Product(s), price, delivery, warranty etc.) and having had the possibility to edit the quantity and nature of the Product(s) selected and to consult these General Conditions of Sale prior to confirming the Order. The Customer acknowledges that their agreement to the execution of the Order is complete and irrevocable with effect from their “order confirmation”, which constitutes a “second click” and therefore their signature for the order, which is equivalent to a hand-written signature within the meaning of the French Civil Code.
5.3. The range and Prices of VELECTA PARAMOUNT® Products are valid and binding, subject to the available stocks of Products. The Customer will be notified of any unavailability of Products occurring after confirmation of their order, as well as of the waiting period before the Product becomes available again. In accordance with Article L 216-3 of the French Consumer Code, the Customer may express their wish to cancel the order and to be refunded the price of the unavailable Product within fourteen (14) days of the cancellation of the order.
6 - PRICE – PAYMENT – INVOICING – RETENTION OF TITLE
6.1. The Prices of the VELECTA PARAMOUNT® Products published on the Website are indicated in euros (€) and include all taxes - they do not include logistics, processing and delivery costs. VELECTA PARAMOUNT® is free to modify the prices at any time and at its sole discretion, the Price owed by the Customer for their order shall be that in force at the time of order confirmation, subject to the availability of the items on that date.
6.2. Payment of the Price is made in full at the time of the order under the conditions defined in Article 5 and by bank card (the list of accepted bank cards is indicated on the Website at the time of the order).
6.3. VELECTA PARAMOUNT® remains the owner of the Products ordered by the Customer on the Website until the full Price has been paid and payment has been accepted by the partner payment centre.
6.4. On completing their Order of the Products on the Website in accordance with the conditions set forth in Article 5, and after full payment and receipt of the Price, the Customer will receive by mail the invoice corresponding to their purchase, summarising the Products purchased, their quantity, the unit price and the total Price of the order, both before tax and including all taxes, VAT and any discounts or rebates. It is up to the Customer to keep this invoice in case proof of purchase is needed.
7 - DELIVERY – TRANSFER OF RISK – DELIVERY COSTS – DELIVERY TIMES
7.1. Any delivery of Products to the Customer may only take place after full collection of the Price by VELECTA PARAMOUNT® and the order has been accepted by VELECTA PARAMOUNT® under the conditions of Article 5.1.
The Products ordered will be delivered using the services of the carriers chosen by VELECTA PARAMOUNT®.
They will be delivered to the pick-up point chosen by the Customer when placing the order or to the address given by the Customer when ordering. In the latter case, the Products will be delivered to the “threshold” of the residence (i.e. the door of the house or the front of the building in case of an apartment).
Delivery does not include any obligation to advise on the installation, use or operation of the Products. For this, the Customer must refer exclusively to the instructions for use of each product delivered.
7.2. Transfer of risk to the Customer for the ordered Products takes effect as of the time of receipt of the Products by the Customer.
7.3. The delivery charges owed by the Customer for the shipment of the Product(s) ordered are shown on the Website and indicated again to the Customer before final confirmation of their order on the Website.
7.4. The delivery times indicated at the time of the order are indicative and non-contractual times established based on average delivery times, which include logistics processing and shipping. They merely constitute an obligation of means for VELECTA PARAMOUNT®, who will take all possible care to try to comply with them. Exceeding these deadlines will not justify cancellation by the Customer of their order. These times may be adapted according to the availability of the Products ordered. To avoid delaying the delivery of available Products ordered at the same time as unavailable Products, VELECTA PARAMOUNT® may, at its discretion, deliver these Products separately at no additional cost.
Delivery times are expressed in working days and are calculated as of final validation of the order by VELECTA PARAMOUNT®. The Customer will be notified of the state of progress of the delivery by email.
The Products will be delivered within a maximum of thirty (30) days from the date of the order. Exceeding this deadline will not automatically lead to the cancellation of the order to be delivered. The Customer must instruct VELECTA PARAMOUNT® to carry out the delivery within a reasonable additional period of time, by registered letter with acknowledgement of receipt or in writing using another durable format. If delivery has still not taken place within this period, the Customer may cancel the order for the undelivered Products by sending a registered letter with acknowledgement of receipt to the following address (VELECTA PARAMOUNT® – ZAC DE LA GRANGE – 41200 ROMORANTIN-LANTHENAY – FRANCE) or in writing using another durable format and sent to the above address. In this case, the cancellation will concern only the undelivered Products; the Products already delivered and ordered at the same time as the undelivered Products will not be affected by this cancellation.
The order for the undelivered Products will be deemed to have been cancelled on receipt of the letter or other written document informing VELECTA PARAMOUNT® of such a cancellation, unless delivery has taken place between the sending of the letter by the Customer and its receipt.
The Customer will be reimbursed for the sums paid for the undelivered Products within 14 days of receipt of the said cancellation notice in accordance with Article L 216-3 of the French Consumer Code.
8 - WITHDRAWAL
8.1. Withdrawal period
Subject to the legal exceptions provided for in Articles L221-28 et seq. of the French Consumer Code, the Customer may exercise their legal right of withdrawal within fourteen (14) calendar days from the date the order is placed or from the date on which the Customer or a third party designated by the Customer receives the Products. If the Products can be delivered in several packages and on different dates, the withdrawal period runs from the receipt of the last Product.
8.2. Exercising the right of withdrawal
The Customer may exercise their right of withdrawal by communicating their decision to VELECTA PARAMOUNT® without reservation or ambiguity on “plain paper” by email (address: contact@velecta-paris.com) or by mail (postal address: VELECTA PARAMOUNT® – ZAC DE LA GRANGE – 41200 ROMORANTIN-LANTHENAY – FRANCE) or by returning the withdrawal form in Appendix 1 hereof (postal address: VELECTA PARAMOUNT® – ZAC DE LA GRANGE – 41200 ROMORANTIN-LANTHENAY – FRANCE).
The Customer shall return the Products to the following address within fourteen days of sending their decision to withdraw: VELECTA PARAMOUNT® – ZAC DE LA GRANGE – 41200 ROMORANTIN-LANTHENAY – FRANCE. The Customer shall be solely responsible for the costs – whatever they may be – of returning the Products. Returned Products must be new and in their original packaging. They will be returned and travel at the Customer’s risk, and the Customer shall take all necessary steps to ensure they arrive in perfect condition. Any item that is damaged, not packaged in the original packaging or not in new condition will not be accepted.
8.3. Consequences of exercising the right of withdrawal
Products returned under conditions meeting the above requirements will be refunded at their purchase value (taking into account any discounts, rebates and any other reductions), plus delivery costs (excluding the cost of return by the Customer (see Art. 7.2 above)). If the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method, only the amount of the standard delivery will be refunded. Reimbursement will be deferred until the Products have been recovered and their condition checked.
The refund will be made using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees that the refund will be made via another payment method.
The exercise of the right of withdrawal renders the sale null and void; moreover, in accordance with Article L221-27 of the French Consumer Code, the exercise of the right of withdrawal by the Customer terminates by operation of law any ancillary contracts (in particular the warranty).
9 - CUSTOMER SERVICE
Any questions relating to an order or to the delivery of the ordered Products must be sent to VELECTA PARAMOUNT® by email (contact@velecta-paris.com) or by mail (VELECTA PARAMOUNT® – ZAC DE LA GRANGE – 41200 ROMORANTIN-LANTHENAY – FRANCE).
10 - AVAILABILITY OF SPARE PARTS
Spare parts required to use VELECTA PARAMOUNT® Products are available for 24 months.
11 - WARRANTY OF CONFORMITY – WARRANTY OF HIDDEN DEFECTS – 5-YEAR WARRANTY CARD
11.1. Warranty of conformity:
Independently of any possible commercial warranty, the Customer benefits from a legal warranty of conformity within the meaning of Articles L217-4 to L217-12 of the French Consumer Code. The Customer may exercise their right of warranty – without having to provide proof of non-conformity – within 24 months of taking possession of the Product to request the repair or replacement of the Product (subject to the legal provisions of Article L217-9 of the French Consumer Code, reproduced below). If the Customer chooses to apply the warranty of conformity, they must return the allegedly non-conforming Product – in its original condition, together with its packaging, accompanied by the purchase invoice – to VELECTA PARAMOUNT® at the following address: VELECTA PARAMOUNT® – ZAC DE LA GRANGE – 41200 ROMORANTIN-LANTHENAY – FRANCE. If the non-conformity is confirmed after examination, VELECTA PARAMOUNT® shall replace or repair the Product, reimburse the return shipping costs and cover any delivery costs for the repaired or replacement product. The Customer assumes the risk of damage related to the return of the Product. Any Product returned to VELECTA PARAMOUNT® that is damaged will not be eligible for the aforementioned warranty.
For the Customer’s information and in accordance with Article L217-15 of the French Consumer Code, some of the legal provisions applicable to the warranty of conformity, its application and consequences are reproduced below; these provisions apply fully to these General Conditions of Sale:
Article L217-4: The seller shall deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation for which the seller is contractually responsible or carried out under their responsibility.
Article L217-5: The good is in conformity with the contract: 1/ If it is fit for the purpose usually expected of similar goods and, if applicable: - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular for advertising or labelling; 2/ Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the seller.
Article L217-9: In case of lack of conformity, the buyer will choose between repairing or replacing the good. 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, taking into account the value of the good or the scale of the defect. The seller is then required to proceed, unless impossible, with the alternative not chosen by the buyer.
Article L217-12: Action resulting from lack of conformity is time-barred after a period of two years from the delivery of the good.
11.2. Warranty of hidden defects:
Independently of any possible commercial warranty, the Customer benefits from a legal warranty on hidden defects in the Products within the meaning of Article 1641 of the French Civil Code and may request – if the hidden defect is proven legally – the cancellation of the sale of the Product affected by the hidden defect or a reduction in the price of the said Product.
For the Customer’s information and in accordance with Article L217-15 of the French Consumer Code, some of the legal provisions of Articles 1641 and 1648 para. 1 of the French Civil Code relating to the warranty of hidden defects, its application and consequences are reproduced below; these provisions apply in full to these General Conditions of Sale:
Art. 1641 of the French Civil Code: The seller is liable in cases where a defect not apparent at the time of the sale subsequently renders the product unfit for its intended use or reduces its usefulness to such an extent that the buyer would not have acquired it or would not have paid the same price had they been aware of said defect. "
Art. 1648 para. 1 of the French Civil Code: Any action resulting from redhibitory defects must be initiated by the purchaser within two years of discovering the defect.
11.3. 2-year contractual Warranty Card
The Customer benefits from a contractual warranty valid for 2 years, applicable under the conditions and limitations defined on the Warranty Card. In particular, the Customer’s attention is drawn to the fact that the contractual Warranty does not apply in the following cases:
Damage caused by failure to perform recommended hair dryer maintenance;
Accidental damage, defects caused by misuse, improper maintenance, neglect or dropping;
Use of the appliance for purposes other than hair drying;
Use of parts and accessories other than those supplied by VELECTA PARAMOUNT®;
Damage to the appliance’s power cord and damage caused by the power cord on the appliance;
Repairs or modifications carried out by persons other than VELECTA PARAMOUNT® staff or its authorised repairers.
11.4. Limitation of the commercial warranty (Art. 11.3).
In compliance with the Warranty Card accompanying each Product, the warranty required of VELECTA PARAMOUNT® under Article 11.3 will be due only after VELECTA PARAMOUNT® has confirmed the existence of the defect.
In addition, the warranty does not apply in the following cases:
Damage caused by failure to perform recommended hair dryer maintenance.
Accidental damage, defects caused by misuse, improper maintenance, neglect or dropping.
Use of the appliance for purposes other than hair drying.
Use of parts and accessories other than those supplied by VELECTA PARAMOUNT®.
Repairs or modifications carried out by persons other than VELECTA PARAMOUNT® staff or its authorised repairers.
12 - LIABILITY
The Customer is solely liable for the consequences of any errors or inaccuracies in the information communicated when ordering on the Website (in particular their identity, their delivery address, email address etc.) on the content or execution of the order. In such an event, VELECTA PARAMOUNT® in particular shall not be liable in case of unsuccessful delivery, impossible delivery or late delivery.
VELECTA PARAMOUNT® shall never be liable or involved in respect of any consequences whatsoever (bodily injury, material damage, damage to the Product etc.) resulting from improper use or maintenance of a Product by the Customer or by third parties, for which the Customer is guarantor. The Customer is the custodian of the Product and shall be liable for the actions of any third parties to whom the Customer has made the Product available. In general, the contents of the instructions for use are contractually binding for the Customer and VELECTA PARAMOUNT®.
VELECTA PARAMOUNT® shall not be liable for the use or conditions of use of the Website by the Customer, in particular in the event of malfunctioning of the Website or a malfunction concerning the Customer’s Internet access provider; this point is further clarified in the GCUs.
13 - PERSONAL DATA
When placing an order on the Website under the conditions set forth in Article 5 or when creating an account on the Website, the Customer is required to communicate personal data concerning them collected by VELECTA PARAMOUNT®. The Customer may consult VELECTA PARAMOUNT®’s personal data protection policy directly on the Website. The Customer may exercise their rights of access, rectification, deletion, objection, restriction and portability by email (dpo@velecta-paris.com) or by letter sent to the following address: VELECTA PARAMOUNT® – Délégué à la Protection des données personnelles – ZAC DE LA GRANGE – 41200 ROMORANTIN-LANTHENAY – FRANCE, indicating their surname, first name, address and email address (along with customer references if applicable) as well as the subject of the request in clear and legible terms. In order for VELECTA PARAMOUNT® to ensure that the request is being made by the person concerned by the personal data, the request must be accompanied by a copy of an identity document. VELECTA PARAMOUNT® undertakes to respond to this verified request within one month of receipt.
14 - INTELLECTUAL PROPERTY
VELECTA PARAMOUNT® is the owner of all industrial property rights attached to the Products, in particular the trademarks, models and patents. Any reproduction, representation, modification or adaptation of these rights is strictly prohibited and constitutes an infringement.
VELECTA PARAMOUNT® is the owner of the Website and of all its elements protected by intellectual property rights. Any total or partial reproduction of one of these elements is prohibited and constitutes an infringement.
15 - STIPULATIONS – APPLICABLE LAW – ADDRESS FOR SERVICE – DISPUTES
15.1. Any stipulation herein deemed invalid, unwritten, lapsed, non-legally binding or unenforceable will not affect the other stipulations, which will remain in full force and effect.
15.2. The General Conditions of Sale are governed by French law, at the exclusion of any other legislation.
15.3. For the purpose of these General Conditions of Sale and unless stated otherwise, the Customer’s address for service is the address they provide at the time of placing their order and the Customer shall ensure mail is redirected in the event of a change of address.
15.4. In the event of a dispute relating to the order or to the interpretation or performance of these General Conditions of Sale, the Parties will seek an amicable agreement before any legal dispute. Any legal disputes shall be brought before the Court with material and territorial jurisdiction.
The Customer may have free recourse to the MEDICYS mediation service with which VELECTA PARAMOUNT® is affiliated by electronic means (https://app.medicys.fr/?proId=553c72a9-6902-42e7-a2ea-9fa7862d7da8) or by post: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS (Article L 152-1 of the French Consumer Code).
Appendix 1 - WITHDRAWAL FORM
WITHDRAWAL FORM
To: VELECTA PARAMOUNT® – Sales department
I hereby notify you of my decision to withdraw from the order detailed below concerning the sale of the Product(s) detailed below:
-
Ordered on ................................................/ received on ...................................
Order number: ...............................................
Withdrawn on ...............................................
Product pick-up point, if applicable ...............................................
Customer name: ...............................................
Customer address: ...............................................
Customer’s signature (if sending a paper version of this form) ...............................................
Date: …………………………………………
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