General Terms and Conditions of Sale

 

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTCS") are offered by the company SW Company.

The following terms are used hereinafter:

"Site": the site "https://vokozy.com" and all of its pages, the exclusive property of the Company.

"Products" or "Services": all products (goods) and services that can be purchased or subscribed to on the Site.

"Seller": Vokozy, a legal entity or natural person, offering its Products or Services on the Site.

"Customer": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft or professional activity."

Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTCS carefully, to print them and/or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the GTCS and accepts them in full.

Article 2 – Application of the GTCS and purpose of the Site

The Seller reserves the right to modify the GTCS at any time by publishing a new version on the Site.

The GTCS applicable to the Customer are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site is provided in the general terms of use, the legal notice and the data charter of this Site.

This Site offers the online sale of home products.

The Site is freely accessible and free of charge to all Customers. The purchase of a Product or Service implies the Customer's acceptance of these GTCS in full, and the Customer thereby acknowledges having fully read them. This acceptance may consist, for example, of ticking the box corresponding to the sentence of acceptance of these GTCS, such as "I acknowledge that I have read and accepted all of the general terms and conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTCS requires Customers to have the necessary legal capacity. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, a curator or their legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to challenge them in the event of a dispute.

Any Order of Products implies the Customer's unreserved acceptance of and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, brochures, except for express and prior derogatory agreement of the Company.

Article 3 – Customer service

The customer service of this Site can be reached by email at the following address: "contact@vokozy.com", by form, or by post at the address given in the legal notice. The Customer must state in the email their first name, last name, the subject of their request and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by email at contact@vokozy.com.

Article 4 – Terms of placing orders and description of the purchasing process

The Products and Services offered are those that appear in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The photos on the Site are not contractual and may differ significantly from the models photographed. These variations are due to the settings of different screens and cameras, the lighting of the products, the angle of the shot, etc.

"Cart" is defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site with a view to a purchase by clicking on those items. In order to place their order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart", the contents of which can be modified at any time.

The Customer places the Order via the Site: the Customer saves and validates the Order on the Site.

To place an order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Customer can check the details of their Order and correct any errors before confirming it.

On the "Information" page, the Customer must enter their contact information. They may opt to follow their Order by email by ticking the required box.

On the "Shipping" page, the Customer must choose from the shipping methods offered.

On the "Confirmation" page, the Customer must enter their bank details as well as the billing address. The Customer can also enter a promotional code if they have one.

A complete summary of the Order appears. The Customer can modify all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, the Products and the contact information.

The sale is validly formed when the Customer has confirmed the Order by clicking on the "Complete my order" button, has accepted the General Terms and Conditions of Sale, and has made payment according to the methods they have chosen, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the cash payment of the total price including tax, duly recorded.

Article 5 – Prices and payment terms

Unless otherwise stated, the prices shown in the catalog are in Euros including all taxes (VAT included), taking into account the VAT applicable on the day of the order, and excluding any contribution to handling and shipping costs.

Vokozy reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price shown in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can pay by Credit Card, Bancontact, Apple Pay or PayPal. Credit card payments are made through secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTCS only begin to run from the date of actual receipt of payment by the Seller, who may provide proof of this by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

Vokozy will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of the communications, orders, payments and transactions that have taken place between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation on delivery; orders can be shipped anywhere in the world. The delivery times indicated at the time of the order are for information only and remain dependent on possible delays by postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).

In the case of delivery of a Product outside the territory of the European Union and to the overseas departments and territories, the Customer declares themselves the importer of the Product and accepts that in such a case the Seller may be materially unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise indicated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the case of hand delivery, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then imperatively be noted by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the case of delivery to a mailbox, the customer undertakes to check the package immediately and to contact Vokozy support if they notice any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be required to grant the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the Post Office or by other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask what to do with their order. If the Customer refused the package by mistake, they may request that it be sent back by first paying the postage costs for the new shipment. Postage costs must be paid even for orders for which shipping was free at the time of the order.

In the event of a delivery error or an exchange (if the right of withdrawal applies, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or a wrong handling by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or period indicated to the Consumer Customer at the time of their order or, failing an indication of a date or period at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may lead to the termination of the sale at the initiative of the Consumer Customer, upon written request by registered letter with acknowledgment of receipt, if, after having formally instructed the Seller to make the delivery, the latter has not complied. The Consumer Customer will then be refunded, at the latest within fourteen (14) days following the date on which the contract was terminated, the full amount paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Special case of a package whose tracking number indicates "delivered" but which has not been received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox even though its tracking number indicates that it has been "delivered", customer service may ask them for additional information as well as an official document from the Post Office responding to their claim regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Customer's satisfaction, in particular by offering the immediate reshipment of the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product of their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, except for return costs, within fourteen days from Vokozy's receipt of the refund request.

The Product must be returned in perfect condition, in its blister pack and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Vokozy. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal.

The Customer is advised to make the return using a solution that allows the package to be tracked. Otherwise, if the returned package did not reach the Seller, it would not be possible to launch an investigation with the postal services to ask them to locate it.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller use another method of payment, and provided that the refund does not incur costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that they have shipped the Product, if such a demonstration has not previously taken place.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.

In accordance with article L121-17 of the Consumer Code ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

Vokozy

I / we () hereby notify you / notify you () of my / our (*) withdrawal from the contract for the sale of the goods below:

Order number:

Last name / First name:

Phone number:

Email address:

Postal address:

Reason for the claim:

Exchange* (state the desired product)

Refund* (attach a complete bank account details document with IBAN and BIC stated)

Signature of the Customer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to invoke the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that it will not be bound by any guarantee; if this guarantee is invoked, the buyer has the choice between termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose, in accordance with article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code:

Legal guarantee of conformity

The Seller is required to deliver goods that conform to the contract entered into with the Consumer Customer and to answer for any lack of conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day of taking possession of the Product.

However, it will be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer."

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with its exchange. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be refunded the amount of their order by check or bank transfer. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Vokozy cannot be held responsible for non-performance of the contract due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will incur no liability for any indirect damages arising from these terms, loss of business, loss of profit, damages or costs that may occur.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of equipment, cannot give rise to any compensation, refund or claim against the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, according to article L 121-21 of the Consumer Code.

The Customer expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Vokozy can in no case be held liable for:

any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data that may result, among other things, from the use of the Site, or conversely from the impossibility of using it;

a malfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer, or the use of a little-used browser by the Customer;

the content of advertisements and other external links or sources accessible by Customers from the Site.

The Seller's liability can therefore not be engaged if the characteristics of the Products differ from the visuals on the Site or if these are erroneous or incomplete.

Article 10 – Force majeure

In accordance with article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence makes performance of the obligations totally impossible.

The occurrence of a case of force majeure will automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties find that the case of force majeure persists, the Order may be cancelled by either party, and the sales contract terminated. To this end, the more diligent party must send the other a registered letter with acknowledgment of receipt giving notice of said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this case, neither party may claim damages, unless both parties agree otherwise.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any capacity, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written agreement of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request by the Company.

Only use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law, unless prior authorization is given.

Any reproduction, representation or adaptation of the logos, textual, pictographic or video content, without this list being limiting, is strictly prohibited and constitutes infringement.

Any Customer found guilty of infringement may have their account deleted without notice or compensation, and without such deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its agent.

The trademarks and logos contained in the Site may be registered by Vokozy, or possibly by one of its partners. Any person who represents, reproduces, embeds, distributes or redistributes them incurs the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects the Customer's data:

a) for the purpose of processing and tracking the Customer's Order on its Site; (and/or)

b) for the purpose of being able to contact you about various events relating to the Company, including in particular product updates and customer relationship management; (and/or)

c) for the purpose of collecting information allowing us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers who are in charge of packaging and distributing the ordered Products, as well as by the hosting provider, the company Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is kept by the Company only for the time corresponding to the purposes of the collection above, which can in any event not exceed five (5) years.

In accordance with Law no. 2018-493 of 20 June 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), the Customer has a right of access, modification, rectification, deletion or objection on legitimate grounds, concerning their data.

The Customer can exercise their rights by email at contact@vokozy.com.

Article 13 – Comments and other user submissions

If the Customer sends ideas, proposals or other materials, whether online, by email, by post or otherwise (collectively, "comments"), at the request of the Company or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comment that the Customer sends to it.

The Company is not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, modify or delete content that it considers, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally reprehensible, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Customer undertakes to write comments that do not violate the rights of third parties, including copyright, trademarks, confidentiality, personality, or other personal or property rights. The Customer undertakes not to include in their comments any unlawful, defamatory, offensive or obscene content, and that they will not contain any computer virus or other malicious software that could affect the operation of the Site or other associated websites. The Customer undertakes not to use a false email address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims any commitment with regard to comments published by the Customer or any third party.

Article 14 – Severability of clauses

If a provision of the GTCS is deemed unlawful, null or unenforceable for any other reason, then that provision will be deemed severable from the GTCS and will not affect the validity and enforceability of the remaining provisions.

These GTCS replace all prior or contemporaneous written or oral agreements. The GTCS may not be assigned, transferred or sub-licensed by the Customer themselves.

A printed version of the GTCS and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTCS. The parties agree that all correspondence relating to these GTCS must be written in the French language.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to bring criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified bank card. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other provisions and does not release the Customer from performing their contractual obligations.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, lawyers, suppliers and employees from any claim or demand, including reasonable attorneys' fees and legal costs, caused by a third party due to or arising from your use of the website or our products and services, your breach of the terms, or your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Consumer Mediation Evaluation and Control Commission (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Customers to file a mediation request online together with supporting documents.

The dispute cannot be examined by the Mediator in particular if:

• the Customer cannot show that they first attempted to resolve their dispute directly with the Company through a written complaint,
• the request is manifestly unfounded or abusive,
• the dispute has previously been examined or is being examined by another mediator or by a court,
• the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
• the dispute does not fall within its area of competence.

Mediation is free of charge for the Customer. If the Customer, at any stage of the mediation, uses a lawyer, a third party of their choice or an expert to defend them, they alone bear the costs.

The Mediator cannot receive any instructions from the parties nor be paid according to the result.

Participation in mediation does not exclude the possibility of recourse before a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent Estonian court.

The Site reserves the right to bring criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, or stolen or falsified check. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other provisions and does not release the Customer from performing their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a failure caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.