Termos de venda

TERMS AND CONDITIONS OF SALE
CONSUMER CUSTOMER


Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale ("GTCS") govern the rights and obligations of the parties with respect to the online sale of Products offered by HRD ECOM ("the Company").

1.2 Any Order placed on the Valentiparis.com website implies prior and unconditional acceptance of these General Terms and Conditions of Sale, which are governed by French law. These General Terms and Conditions therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares that he has read them and accepted them, without restriction or reservation, before placing the Order.

1.3 These General Terms and Conditions of Sale apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He/she acknowledges that he/she has the full capacity to commit himself/herself when placing an Order and undertakes to provide truthful information as to his/her identity.

1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GCS, i.e. natural or legal persons, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional.
Professionals wishing to place an Order with the Company are invited to contact us directly.

1.5 The GCS applicable to each Order are those in force on the date of payment (or first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These terms and conditions can be consulted on the Company's website at the following address: www.Valentiparis.com and can be downloaded in pdf format.


Article 2 - CONCLUSION OF ONLINE CONTRACT

2.1. Ordering process


To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her shopping basket. Once their selection is complete, they must confirm their basket to proceed with the Order (1st click).

At this point, the Customer is redirected to a page containing :
A summary of the Products selected, the corresponding prices, delivery terms and charges. It is then up to the Customer to check and, if necessary, correct the contents of their basket.
The present General Terms and Conditions. It is the customer's responsibility to read them carefully before validating the entire Order.

This validation of the Order after verification of the basket and reading of the GCS (2nd click) constitutes the conclusion of the Contract, and the Customer acknowledges that the 2nd click implies an obligation to pay on his/her part.

The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.

Once the Order has been validated and payment made, the Customer receives a confirmation message from the Company to the e-mail address they provided to create their account. This message contains, in pdf format
A summary of the order (product selected, price, delivery terms and charges);
Precise identification of the company HRD ECOM and its activity;
Order number;
The terms, conditions and withdrawal form;
These General Terms and Conditions in pdf format.

In the event of non-receipt of the Order confirmation, the Customer is advised to contact the Company via the contact form on the website.

The Customer will then receive an electronic purchase invoice, which the Customer expressly accepts.

The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to him in electronic format, as these documents may be produced as proof of the Contract.

2.2 Refusal of Order validation by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including, for example:
Order does not comply with the GTS ;
Quantities ordered do not correspond to normal use by a consumer Customer;
Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
Suspicion of fraud concerning the Order (supported by a body of corroborating evidence).


Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.

Although the Company takes reasonable care to ensure that the Specifications are accurate, the said Specifications, subject to certain exceptions, such as pricing information, are given by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in French. The Parties agree that illustrations, videos or photos of the Products offerted for sale have no contractual value. The validity period of the offre of the Products as well as their prices is specified on the Company's websites.

3.2 Product availability

Product offers are valid within the limit of stocks available from our suppliers. This availability of Products is normally indicated on the specific Product page.

However, insofar as the Company does not reserve stock (except in the particular case of Products indicated as pre-orders on the Product page), placing a Product in the shopping basket does not absolutely guarantee the availability of the Product or its price.

Should a Product become unavailable after the Customer's Order has been validated, the Company will immediately inform the Customer by e-mail. The Order will be automatically cancelled and the Company will refund the price of the Product originally ordered, as well as any sums paid for the Order.

However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery charges will not be refunded.

Article 4 - PRODUCT PRICES

4.1 Prices shown on the site

The prices of the Products offered on the site are indicated in euros, inclusive of all taxes (TTC), including French VAT at the rate in force at the time the order is validated. Delivery charges are indicated separately and clearly during the order process.

4.2 Price changes

The Company reserves the right to modify Product prices at any time, in accordance with applicable legislation. However, Products ordered will be invoiced on the basis of the price in force at the time of final validation of the order by the Customer.

4.3 Delivery and ancillary costs

Product prices do not include shipping, packaging, transport or insurance costs. These costs are specified separately during the ordering process, before final validation by the Customer.

4.4 Possible customs duties (deliveries outside the European Union)

For orders delivered outside the European Union, additional customs duties or local taxes may be payable on receipt. Any such charges are the sole responsibility of the Customer, who is fully liable to the relevant local authorities. The Company has no control over these charges and cannot be held responsible for their amount or payment.

Article 5 - PAYMENT OF PRODUCT PRICE

5.1 Time of payment

Payment of the full price of the Order must be made immediately after validation of the Order.

In exceptional cases, the Company may grant payment in several instalments, particularly in view of the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Customer may request this by contacting the Company's Customer Service department at the following address contact@Valentiparis.com

5.2 Payment methods

To pay for its Order, the Customer may choose between different payment methods:

Payment by credit card:
Only bank cards issued by a bank located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he/she has the necessary authorizations to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number constitutes authorization to debit his/her account up to the total amount corresponding to the Products ordered. The amount will be debited when the Order is validated.
Credit card payments are made via a secure payment platform, and the credit card information communicated uses SSL encryption.

Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
Please note that when using this method of payment, Paypal's General Terms and Conditions of Use, which are available on their website, apply in addition to these GTC.

Payment by voucher and/or promotional code
Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of attempted fraudulent use of vouchers and/or promotional codes, the Company may cancel the Order outright.

In general, in the event of refusal to authorize payment by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.

The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used, or in the event of a dispute with a Customer concerning a previous Order.

The Company reserves the right to implement an Order verification procedure designed to ensure that no person uses another person's bank details without their knowledge. As part of this verification process, the Customer may be asked to send the Company, by e-mail or post, a copy of an identity document, proof of address and a copy of the bank card used for payment. The Customer will be given precise details of the exact content of the information requested (in order to protect the confidentiality of his/her data) in the event of verification. The order will only be validated after receipt and verification of the documents sent.


Article 6 - DELIVERY - DEDICATION - RECEPTION

6.1 Delivery

Before validating the Order, the Company provides the Customer with information concerning the different delivery methods and their respective prices. Once the Customer has chosen the delivery method, the Company will provide an estimated delivery time.

The Company will do its utmost to ensure that the Product(s) is (are) delivered on or before the scheduled delivery date. In the event of difficulties, the Company undertakes to contact the Customer promptly to inform him/her of the problem and to work with him/her to find an appropriate solution.

Air transport, shipping and/or delivery of the Product(s) will be fully paid for by the Customer ("""" Delivery costs""""). These delivery costs are included in the final price invoiced to the Customer when the Order is placed. On the other hand, any customs charges are not included in the price invoiced to the Customer by the Company.

Depending on the terms and conditions chosen by the Customer, delivery will be made either to the address given by the Customer, or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the information provided for delivery, as he alone remains responsible in the event of non-delivery due to incomplete or erroneous information.

6.2. Receipt

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged.

In the event of any anomaly, the Customer must contact the Company's Customer Service Department within three days (excluding public holidays) of receipt of the Product. Any complaint made after this deadline will not be processed.


Article 7 - WITHDRAWAL

7.1 Principle and deadline

The Customer has the right to cancel the Sales Order, without giving any reason, within fourteen (14) calendar days from the date of receipt of the Sales Order. In the event of an Order for several Products, the period runs from receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and shipping costs will be reimbursed, with return shipping costs to be borne by the Customer.

7.2 Exclusions

In accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
The supply of goods likely to deteriorate or expire rapidly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;

7.3 How to exercise the right of withdrawal

To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which is shown below, or by sending an unambiguous statement expressing his intention to withdraw within the 14-day period mentioned above.

Model retraction form :

For the attention of HRD ECOM, (name of the site concerned), Customer Service, 11 rue du canada, Cognac, 16100.

I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product name :
Date of order and receipt :
Order number :
Withdrawal tracking number :
Customer name :
Customer address :
Customer's signature: (only in the case of notification of this form on paper)
Date :

This form must be sent to the Company at one of the following addresses:
On paper, to HRD ECOM, Customer Service, 11 rue du Canada, Cognac, 16100 France.
For electronic mail, to the following address: contact@Valentiparis.com

The Customer has a period of 14 days from the date of dispatch of the notice of withdrawal to return the Product to the Company in its original packaging, the cost of return being borne exclusively by the Customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to sell them again. In the event of receipt of Products that have been opened, used, incomplete, damaged or soiled, the Company will not issue any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.

In the event of return of the Product under the conditions provided for by law and the present GCS, the Company will reimburse all sums paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is subsequently returned. In this case, the Company will only proceed with reimbursement after receipt and verification of the condition of the returned Product.

This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.


Article 8 - WARRANTIES

8.1 Legal warranties

The Company remains liable for defects in conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the French Consumer Code, and for hidden defects in the goods sold in accordance with articles 1641 et seq. of the French Civil Code.

When acting under the legal warranty of conformity (as provided for in articles L.217-4 et seq. of the French Consumer Code), the Consumer Customer :
Has a period of 2 years from the date of delivery to take action.
May choose between repair or replacement of the Product, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code.
Is exempted from proving the existence of the lack of conformity during the 24 months following delivery of the good if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.

The Customer may also choose to take action under the legal warranty against hidden defects as defined in article 1641 of the French Civil Code. The Customer may choose between rescission of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code.

These legal warranties apply independently of any contractual warranty.


Reproduction of applicable texts

L.217-4 Code de la Consommation
"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or carried out under his responsibility."

L.217-5 Consumer Code
"The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or on labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

L.217-9 Code de la Consommation
"In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the purchaser".

L.217-12 Code de la Consommation
"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

1641 of the French Civil Code
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

1648 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...] "


8.2 Manufacturer's warranty

Certain Products sold on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.

The existence of such warranties is mentioned, where applicable, on the specific Product page.
If the Customer wishes to make use of this warranty, he/she should inform the Company by contacting Customer Service, and should consult the terms of application of the warranty, which are generally included in the box concerning the Product.

It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.


Article 9 - PERSONAL DATA PROTECTION

As part of the commercial relationship, the Company, which is responsible for data processing, collects a certain amount of compulsory nominative data (including, in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.

Should the Customer fail to provide this information, it will be impossible to process the Order.

This data is intended for internal use by the Company, but may be transmitted to companies that contribute to the performance of the service, including in particular those that deliver Products or process payments.

With regard to this personal data, the Customer has several rights:
Right of access to personal data concerning him/her;
Right of rectification and deletion if personal data is inaccurate, incomplete, ambiguous, out of date, or if the collection, use, communication or storage of certain data is prohibited;
the right to restrict the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (particularly in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, deletion and communication of your personal data
the right to withdraw consent to certain processing operations (processing operations carried out prior to withdrawal of consent remain lawful)
the right to lodge a complaint with the CNIL.

To exercise these rights, the Customer may send a request to the Company, by means of :
a letter addressed to HRD ECOM, 11 rue du Canada, Cognac, 16100 France.

The request must mention the Customer's e-mail address, surname, first name and postal address, and must be accompanied by a copy of both sides of the Customer's identity card.

A reply will be sent within one month of receipt of the request.


Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property rights to the Products sold.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or of their original owner. No transfer of intellectual property rights is made through these GTC.


Article 11 - FORCE MAJEURE

The Company shall not be held liable for non-performance of its obligations hereunder in the event of the occurrence of an act of God or force majeure which prevents performance. The Company will notify the customer of the occurrence of such an event as soon as possible.


Article 12 - EXCLUSION OF LIABILITY

Notwithstanding anything to the contrary contained herein, the Company shall in no event be liable for any loss or damage arising from improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.


Article 13 - SUSPENSION - TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GCS, or generally applicable legal provisions, without prejudice to any damages that the Company may claim.

Any person whose account has been suspended or terminated may not place further orders or create a new account on the Site without the prior authorization of the Company.


Article 14 - ARCHIVING - PROOF

In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

At the time of each Order, the Order summary is sent by e-mail to the Customer and archived on the Company's website.

Communications between the Company and the Customer are recorded in computerized registers, which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the Company. They may be produced as proof of the Contract.

The archiving of communications, orders, order details and invoices is effected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the French Civil Code. This information may be produced as proof of the contract.

The Customer will have access to the archived elements on simple request to the address contact@Valentiparis.com


Article 15 - NULLITY AND MODIFICATION OF THE GCS

If any provision of these GTS is invalid, it shall be deemed unwritten, but this shall not invalidate all the other provisions of the contract.

Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of the present GCS, whatever the frequency and duration thereof, shall not constitute a modification of the GCS, nor generate any right whatsoever for the Customer.


Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GCS are governed by French law.

In the event of any difficulty whatsoever, Customer Service is at your disposal to find an amicable solution.

If no solution can be found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform via the following link: http://ec.europa.eu/consumers/odr/.

 

In addition, you agree to our email terms of use (https://terms.pscr.pt/legal/shop/625896-c8/terms_of_service) and our email privacy policy (https://terms.pscr.pt/legal/shop/625896-c8/privacy_policy).