Refund Policy of the website www.volubilis-paris.com applicable as of October 1st, 2021
ARTICLE 1. PARTIES This refund policy is applicable between VOLUBILIS V.O., a simplified joint-stock company with a share capital of €1000, registered with the RCS of Paris on March 19, 2021, under the number 895 349 314, with its registered office at 158, rue de Grenelle, phone: 0629472962, email: firstname.lastname@example.org, intra-community VAT number: FR02895349314, hereinafter referred to as "the Publisher," and any person, natural or legal, private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Client."
ARTICLE 2. DEFINITIONS "Client": any person, natural or legal, private or public, registered on the Site.
"Site Content": elements of any nature published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
"The Publisher": VOLUBILIS V.O. SASU in its capacity as the publisher of the Site.
"Internet User": any person, natural or legal, private or public, accessing the Site.
"Product": any type of goods sold on the Site by the Publisher to the Clients.
"Site": the website accessible at the URL www.volubilis-paris.com, as well as the sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE The Site is freely and openly accessible to any Internet User. Browsing the Site implies the acceptance by any Internet User of these general conditions. The mere connection to the Site, by any means, including through a robot or a browser, will constitute full and complete acceptance of these general conditions. Upon registration on the Site, this acceptance will be confirmed by ticking the corresponding box.
By doing so, the Internet User acknowledges that they have fully read and accepted these conditions without restriction.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the probative value of the automatic recording systems of the Publisher and, unless they provide evidence to the contrary, waives any contestation of these systems in the event of a dispute.
These general conditions apply to the relationship between the parties, to the exclusion of any other conditions, including those of the Internet User.
The acceptance of these general conditions implies, on the part of the Internet Users, that they have the necessary legal capacity for it, or failing that, that they have the authorization of a guardian or curator if they are incapable, their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE The purpose of the Site is to sell Products to Clients.
ARTICLE 5. ORDER PROCESS 5.1. Order To place an order, Internet Users can select one or more Products and add them to their cart. The availability of the Products is indicated on the Site, in the description of each item. Once their order is complete, they can access their cart by clicking on the designated button.
5.2. Validation of the order by the Internet User By reviewing their cart, Internet Users will have the option to verify the quantity and nature of the chosen Products, as well as check their unit price and total price. They will be able to remove one or more Products from their cart.
If they are satisfied with their order, Internet Users can validate it.
ARTICLE 6. PRICES - PAYMENT 6.1. Prices The applicable prices are those displayed on the Website on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have future effects.
The prices indicated on the Website are in euros, including all taxes, excluding delivery costs.
6.2. Payment Method The Customer can make payment by Visa, Mastercard, American Express, and Apple Pay.
In the case of payment by credit card, the Publisher does not have access to any data relating to the Customer's payment methods. The payment is made directly between the hands of the banking institution.
In the case of payment by money order, check, or bank transfer, the delivery period will only start from the date of receipt of payment by the Publisher.
6.3. Invoicing The Publisher will send or make an electronic invoice available to the Customer after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of Payment The agreed payment dates cannot be delayed for any reason, including in the event of a dispute.
Any amount unpaid on the due date will automatically and without formal notice incur late payment penalties calculated at a rate equal to three times the legal interest rate, without prejudice to the enforceability of the amounts due in principal.
Furthermore, any delay in payment will result in the Customer being invoiced for collection fees in the amount of 40 euros, immediate enforceability of all outstanding amounts regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Customer. This clause falls within the framework of the provisions of Article 1152 of the Civil Code, which allows the judge to reduce the indemnity if the judge considers it excessive.
6.5. Reservation of Ownership The Products sold remain the property of the Publisher until full payment of their price, in accordance with the present reservation of ownership clause.
ARTICLE 7. COMPLAINT - WITHDRAWAL - WARRANTY 7.1. Customer Service The customer service of the Website is accessible by email at: email@example.com or by postal mail at the address indicated in Article 1 of these general conditions. In both cases, the Publisher undertakes to provide a response within 5 working days.
7.2. Right of Withdrawal - Distance Selling This article 7.2 applies to Customers who have the status of consumers within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for Exercising the Right of Withdrawal In accordance with the current legislation on distance selling, the Customer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except, where applicable, for return costs.
The period mentioned in the previous paragraph starts either from the day the distance contract is concluded for contracts related to the provision of a service and/or the supply of digital content not supplied on a tangible medium, or from the day the goods are received by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a product consisting of multiple lots or pieces delivered over a defined period, the period starts from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period starts from the receipt of the first good.
The consumer customer has a period of 2 years from the delivery of the goods to take action against the seller. In this regard, they can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing evidence of the existence of the Product's non-conformity during the 24 months following its delivery, except for second-hand goods.
Where applicable, the legal warranty of conformity applies independently of any commercial warranty.
When the consumer customer decides to invoke the warranty for hidden defects, they can choose between cancelling the sale (rescission) or obtaining a price reduction.
ARTICLE 8. FINAL PROVISIONS 8.1. Applicable Law These general terms and conditions are subject to the application of French law.
8.2. Modifications to these General Terms and Conditions These general terms and conditions may be modified at any time by the Publisher. The applicable general terms and conditions for the Customer are those in force on the day of their order or their connection to the current website, and any new connection to the personal space implies the acceptance, if applicable, of the new general terms and conditions.
8.3. Disputes In accordance with Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Customer arising in the context of the execution of these general terms and conditions, and for which a solution could not be reached amicably between the parties, shall be submitted.
In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Since January 1, 2016, mediation is mandatory for everyone. Therefore, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
8.4. Entirety The invalidity of one clause of this contract shall not result in the invalidity of the other clauses of the contract or of the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of these terms and conditions.
8.5. Non-waiver The failure by the Publisher to exercise the rights granted to it under these terms and conditions shall not be interpreted in any way as a waiver of the exercise of said rights.
8.6. Telephone Solicitation The Customer is informed that they have the option to register on the telephone solicitation opposition list at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these General Terms and Conditions These general terms and conditions are provided in French.
8.8. Abusive Clauses The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code regarding abusive clauses in contracts concluded between a professional and a consumer.