ARTICLE 1 – Scope of application
These General Conditions of Sale apply, unconditionally and unreservedly, to all the sales concluded by the company Michel Vaillant (“the Vendor”) with buyers (“The Customers or the Customer”) wishing to acquire the products proposed for sale by the Vendor (“The Products”) on the website http://www.michel-vaillant-marechalerie.com. In particular, they specify the conditions for placement of orders, payment and delivery, as well as for management of any returns of the Products ordered by the Customers.
The main characteristics of the Products and, in particular, the specifications, illustrations and indications of dimensions and capacity of the Products, are presented on the website http://www.michel-vaillant-marechalerie.com.
The Customer is required to familiarise himself with the above prior to placing orders.
The Customer alone is responsible for choosing and purchasing a Product.
The photographs and graphics presented on the website http://www.michel-vaillant-marechalerie.com are not binding and in no way engage the responsibility of the Vendor.
The Customer shall refer to the description of each Product to know its main properties and specificities.
Product offers are understood to be within the limit of the stocks available, such as specified when the order is placed.
The Vendor’s contact details are as follows:
Établissements Michel Vaillant
A simplified joint-stock company with a capital of 100,000 euros, registered under number 606 320 711 RCS ANNECY
Head office: 4, Boulevard du Chevran - 74300 Cluses - France
These General Conditions of Sale apply to the exclusion of all other conditions and, in particular, those applicable for sales in shops or via other distribution and commercialisation channels.
These General Conditions of Sale can be consulted at any time on the website http://www.michel-vaillant-marechalerie.com and shall prevail, if necessary, over any other contradictory version or document.
The Customer declares that he is familiar with these General Conditions of Sale and that he has accepted them by ticking the appropriate box prior to implementing the on-line ordering procedure, as well as with the general conditions for using the website http://www.michel-vaillant-marechalerie.com.
As these General Conditions of Sale may be modified at a later date, the version applicable to the Customer’s purchase is that prevailing on the website at the time when the order is placed.
Unless proved otherwise, the data recorded in the Vendor’s computer system constitute the proof of all the transactions concluded with the Customer.
According to the French Data Protection Act of January 6th 1978, the Customer has, at any time, the right to access, modify and oppose all his personal data by writing, with proof of his identity, to Michel Vaillant, 4, Boulevard du Chevran - 74300 Cluses - France.
ARTICLE 2 - Orders
It is up to the Customer to select on the website http://www.michel-vaillant-marechalerie.com the Products that he wishes to order, as per the following procedure:
Once the Products have been added to the basket, the Customer can decide whether or not he wishes to confirm his basket. If he does, he is directed to the delivery method page. Several delivery options are then available, from which he must select one. The total amount of the order is displayed, including carriage costs. Once he has validated this step, the Customer accesses the payment method. He can pay by bank card or with his Paypal account. By validating the payment, the Customer accepts the General Conditions of Sale. He will then receive an e-mail confirming his order.
The Product offers are valid as long as they are visible on the site, within the limit of the stocks available.
The sale shall only be considered definitive once the Vendor has sent by e-mail the confirmation of order acceptance to the Customer and after receipt of full payment by the Vendor.
It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
All orders placed on the website http://www.michel-vaillant-marechalerie.com constitute the creation of a contract concluded remotely between the Customer and the Vendor.
ARTICLE 3 - Prices
The Products are supplied at the current prices listed on the website http://www.michel-vaillant-marechalerie.com, when the order is registered by the Vendor. Prices are formulated in Euros and calculated exclusive of tax. Consequently, they shall be increased to include the VAT rate and the transport costs applicable at the time of ordering.
Prices allow for any reductions granted by the Vendor on the website http://www.michel-vaillant-marechalerie.com.
These prices are firm and non-revisable throughout their period of validity, such as indicated on the website http://www.michel-vaillant-marechalerie.com. However, outside this period of validity, the Vendor is entitled to modify prices at any time.
Prices do not include processing, dispatch, transport and delivery costs, which are charged in supplement, in the conditions indicated on the website http://www.michel-vaillant-marechalerie.com, and are calculated prior to placing the order.
Michel VAILLANT is entitled to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of registering the order.
The payment required from the Customer corresponds to the total amount of the purchase, including the above costs.
An invoice is drawn up by the Vendor and handed to the Customer when the Products ordered are delivered.
The prices we propose include any rebates and discounts that Michel VAILLANT may decide to grant.
No discounts shall be granted in the event of advance payment.
ARTICLE 4 – Terms of payment
The total price of the order is due on the day the order is placed by the Customer, via a secure payment system, according to the following procedure:
- by bank card: Visa, MasterCard, American Express, other debit cards (“Blue” Ecard)
On-line payment is made on a secure on-line bank payment platform benefiting from the 3D Secure system.
Moreover, should the above terms of payment fail to be complied with, the Vendor is entitled to suspend or cancel delivery of the ongoing orders placed by the Customer. The latter cannot be billed for any additional costs, greater than those borne by the Vendor for use of a payment method.
ARTICLE 5 - Products
Some characteristics of our Products can be modified at any time to enhance their performances or comply with new standards that have been stipulated. Our Customers accept in advance such modifications insofar as they do not modify the use of the products or items ordered.
ARTICLE 6 - Deliveries
The Products ordered by the Customer shall be delivered to mainland France within a period of 48 to 72 hours as from dispatch of the order to the address given by the Customer when ordering on the website http://www.michel-vaillant-marechalerie.com. We cannot be held responsible for any late deliveries caused by entry of an incorrect or incomplete address.
Carriage costs are borne by the Customer and are calculated as per order weight. Specific conditions could be studied according to specific orders and destinations. Please consult us for exports.
Delivery consists of transfer to the Customer of physical possession or control of the Product.
Except in specific cases or unavailability of one or more Products, the Products ordered shall be delivered all together.
The Vendor shall do his utmost to deliver the Products ordered by the Customer within the deadlines stipulated above. However, these deadlines are given as a guideline only and are in no way binding on us. Late deliveries and stock-outs do not entitle the Customer to cancel his order, refuse goods or claim damages.
However, if the Products ordered have not been delivered within a period of 30 days following the indicative delivery date, for any reason other than Force Majeure or the Customer’s doing, the sale could be cancelled on the Customer’s written request in the conditions provided for in articles L 138-2 and L 138-3 of the French Consumer Code.
The sums paid by the Customer shall then be returned to him no later than fourteen days following the contract termination date, without any compensation or withholding.
Deliveries are made by an independent carrier to the address stated by the Customer on ordering and to which the carrier has easy access.
The delivery is considered to be made once the Vendor has handed the sold Products over to the carrier who has accepted them unreservedly. The Customer thus acknowledges that it is the carrier’s responsibility to carry out the delivery and that he can lodge no third-party complaint against the Vendor in the event of defective delivery of the goods transported. We strongly recommend that the Customer check the parcel in the carrier’s presence. Any reservations he wishes to make on delivery must be made to the carrier on delivery and notified to him by registered letter within 48 hours.
Should the Customer have any special requests as to the packaging or transport conditions of the Products ordered, duly accepted in writing by the Vendor, the related costs shall be covered by an additional specific invoice, on the basis of a quotation accepted in writing by the Customer beforehand.
The delivery could also be made, in addition to the address given by the Customer, to a pick-up point.
Deliveries within the EU are invoiced with French VAT if the Customer does not have a European Tax Identification Number. Prices are quoted ex works (EXW), and all costs relating to export are borne by the Customer. Disputes shall be settled under French law to which both Customer and Vendor expressly refer.
ARTICLE 7 - Claims
The Customer shall check the condition of the products delivered. He has a period of thirty (30) days as from delivery to formulate in writing (by post, e-mail, fax) any reservations or claims for non-conformity or apparent defects of the Products delivered (e.g. damaged parcel already opened, etc.) with all the related supporting documents (in particular photos).
After this deadline and having failed to comply with these procedures, the Products shall be considered conform and free of all apparent defects. No claims can then be validly accepted by the Vendor.
The Vendor shall reimburse or replace at the earliest possible date and at his own cost, the Products delivered for which non-conformities or apparent or latent defects have been duly proved by the Customer, in the conditions provided for in articles L 211-4 and hereafter of the French Consumer Code and those provided for in these General Conditions of Sale (in particular, see warranties).
ARTICLE 8 - Payment
Payment of goods is made, for account-holders, on receipt of goods by bank card, cheque or bank transfer.
An account is opened by sending your bank details.
Should a payment incident have occurred on a previous order, payment on ordering may be required.
For customers without an account in our books, payment is made on ordering, preferably by bank card.
The company’s bank details are as follows:
For your transfers: ETS MICHEL VAILLANT
– CREDIT AGRICOLE
IBAN: FR76 1810 6000 2196 7194 9009 025
IBAN: FR41 2004 1010 0700 1641 1L03 817
ARTICLE 9 – Late payment
In the event of total or partial late payment of the goods delivered on the day of receipt, the Customer shall pay Michel VAILLANT a late payment penalty equal to one and a half times the legal interest rate. The rate chosen is that applicable at the time of delivering the goods.
This penalty is calculated on the total before tax of the sum still owing and runs from the expiry date of the price, without any need for formal notice.
If, within the fifteen days following implementation of this clause, the Customer has not paid the sums still owing, the sale shall be cancelled. This situation could entitle Michel VAILLANT to damages.
Furthermore, as per articles L.441-6 and D.441-5 of the French Commercial Code, late payment shall automatically lead, in addition to late payment penalties, to the obligation for the debtor to pay the minimum lump-sum compensation of 40 euros as recovery costs. It should be borne in mind that we reserve the right to claim additional compensation, upon presentation of supporting documents, when the recovery costs incurred are higher than the total of the lump-sum compensation.
ARTICLE 10 - Warranties
The goods sold are guaranteed against operating defects resulting from defects in material or workmanship. The warranty does not cover the following cases: if the defective material or design is ascribable to the Customer, case of improper use, if defective operation stems from normal wear of the goods, negligence or inadequate maintenance, or if it is a result of Force Majeure.
ARTICLE 11 – Transfer of ownership – Transfer of risks
Transfer of ownership of the Vendor’s Products to the Customer shall take place only after full payment of the price by the latter, irrespective of the delivery date of the above-mentioned Products.
Whatever the date of transfer of ownership of the Products, transfer of the associated risks of loss and damage shall take place only when the Customer physically takes possession of the Products. The Products thus travel at the Vendor’s own risk.
ARTICLE 12 – Right of withdrawal
According to the legal provisions in force, the Customer has a period of fourteen days as from receipt of the Product to exercise his right of withdrawal with the Vendor, without having to give any reasons or pay any penalties, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days at least following notification to the Vendor of the Customer’s decision to withdraw.
The Products shall be returned in their original condition and complete (packaging, accessories, leaflet, etc.), allowing them to be remarketed as new. They shall be accompanied by the purchase invoice.
Damaged, soiled or incomplete Products shall not be taken back.
The right of withdrawal can be exercised on-line using the withdrawal form available on the website http://www.michel-vaillant-marechalerie.com in which case an acknowledgement of receipt on a durable medium shall be immediately sent to the Customer by the Vendor, or using any other unambiguous means of declaration, formulating the intention to withdraw.
Should the right of withdrawal be exercised within the above-mentioned deadline, only the price of the Product or Products purchased and the delivery costs shall be reimbursed. The return costs shall be borne by the Customer. If the latter has opted for a delivery generating an additional cost (e.g. express, against signature, etc.), he shall be reimbursed on the basis of a standard dispatch method.
Exchange (subject to availability) or reimbursement shall take place within 14 days as from receipt, by the Vendor, of the Products returned by the Customer in the conditions provided for in this article.
For products weighing more than 30 kg, the Customer shall bear the return costs that shall be approximately identical to or 10 to 15 euros more than the delivery costs paid in the case of a standard dispatch.
ARTICLE 13 – Vendor’s responsibility – Warranty
The Products sold on the website http://www.michel-vaillant-marechalerie.com conform to applicable regulations in France and have performances compatible with non-professional applications.
The Products supplied by the Vendor benefit automatically and without additional payment, independently from the right of withdrawal, as per legal provisions, from the following:
- the legal warranty of conformity, for Products apparently defective, spoiled, damaged or not matching the order,
- the legal warranty against latent defects resulting from a defect in material, design or workmanship affecting the products delivered and making them unsuitable for use,
in the conditions and as per the procedures defined in the appendix to these General Conditions of Sale (Warranty of Conformity / Warranty against Latent Defects).
To assert his rights, the Customer shall inform the Vendor in writing of the non-conformity of the Products within no more than 30 days as from delivery of the Products or of the presence of latent defects within no more than 30 days as from their discovery.
The Vendor shall reimburse, replace or organise repair of the Products or parts covered by the warranty and deemed non-conform or defective.
The delivery costs shall be reimbursed on the basis of the price charged. The return costs shall be reimbursed on presentation of the supporting documents.
Products deemed non-conform or defective shall be reimbursed at the earliest possible date and no later than 30 days following observation by the Vendor of the non-conformity or latent defect.
Reimbursement shall be made by crediting the Customer’s bank account or by bank cheque sent to the Customer.
The Vendor cannot be held responsible in the following cases:
- failure to comply with the legislation of the country to which the products are delivered, it being the Customer’s responsibility to check this,
- in event of improper use, use for professional purposes, negligence or inadequate maintenance on the Customer’s part, as well as in the event of normal Product wear, accident or Force Majeure.
Whatever the circumstances, the Vendor’s warranty is limited to replacing or reimbursing Products that are non-conform or defective.
ARTICLE 14 – Data Protection Act
Under the French Data Protection Act 78-17 of January 6th 1978, it is recalled that the personal data the Customer is asked to provide are necessary, in particular, to process his order and draw up invoices.
These data can be communicated to any of the Vendor’s partners responsible for carrying out, processing, managing and organising payment of orders.
Processing of information communicated via the website http://www.michel-vaillant-marechalerie.com was registered with the CNIL (French Commission for Data Protection and Freedom of Information).
As per applicable French and European regulations, the Customer has a permanent right to access, modify, rectify and oppose his personal data.
This right can be exercised by writing to the Etablissements Michel Vaillant, 4, Boulevard du Chevran - 74300 Cluses - France, or by sending an e-mail to the adress email@example.com.
ARTICLE 15 – Intellectual property
The content of the website http://www.michel-vaillant-marechalerie.com is the property of the Vendor and his partners and is protected by French and international laws on intellectual property.
Total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
Furthermore, the Vendor remains owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc. carried out (even at the Customer’s request) with a view to provision of Services to the Customer. The Customer shall thus refrain from all reproduction or use of the above-mentioned studies, drawings, models and prototypes, etc. without the Vendor’s prior express authorisation in writing, which may be dependent on financial compensation.
ARTICLE 16 – Retention of title
Michel VAILLANT retains ownership of the goods sold through to full payment of their price, in principal, charges and related costs.
As such, should the Customer enter into receivership or liquidation, Michel VAILLANT reserves the right to claim, as part of the collective procedure, the goods sold and for which payment is still owing.
ARTICLE 17 – Applicable law - Language
These General Conditions of Sale and the resulting operations are governed by and subject to French law.
These General Conditions of Sale are drafted in French. Should they be translated into one or more foreign languages, only the French text shall be binding in the event of disputes.
ARTICLE 18 - Disputes
All disputes arising from the purchase and sales operations concluded under these General Conditions of Sale, concerning their validity, interpretation, fulfilment, termination, consequences and sequels, and that were unable to be resolved by the Vendor and the Customer, shall be brought before the competent courts under conditions of ordinary law.
The Customer is informed that he can, whatever the circumstances, have recourse to conventional mediation, in particular with the French Consumer Mediation Commission (French Consum. C. art. L 534-7) or to existing sector-related mediation bodies, or to any alternative means of dispute settlement (e.g. conciliation) in event of a dispute.
ARTICLE 19 – Pre-contractual information – Customer’s acceptance
The Customer acknowledges that he has received, prior to placing his order, in a legible and comprehensible manner, these General Conditions of Sale as well as all the information and details referred to in articles L111-1 to L111-7, and in particular:
- the main characteristics of the Product, in view of the communication medium used and the Product in question;
- the price of the Products and the related costs (e.g. delivery);
- in the absence of immediate performance of the contract, the date on which or the deadline by which the Vendor undertakes to deliver the Product;
- the information relating to the Vendor’s identity, his postal, phone and electronic contact details and his business sectors, if not already apparent from the context;
- the information relating to the legal and contractual warranties and their means of implementation;
- the functionalities of the digital content and, if applicable, its interoperability;
- the possibility for recourse to conventional mediation in the event of disputes;
- the information relating to the right of withdrawal (existence, conditions, deadline, procedure for exercising this right, and standard withdrawal form), as well as to Product return costs, termination procedures and other important contractual conditions.
Ordering by a natural (or legal) person on the website http://www.michel-vaillant-marechalerie.com implies full acceptance and adherence to these General Conditions of Sale. This is expressly acknowledged by the Customer, who shall refrain, in particular, from reconising any contradictory documents, which would be unenforceable against the Vendor.
INFORMATIVE APPENDIX: Warranty of Conformity / Warranty against Latent Defects
When the Customer acts with a legal warranty of conformity:
- He benefits from a period of two years to act, as from delivery of the goods,
- He can choose between repair and replacement of the goods, subject to the cost conditions provided for in article L211-9 of the French Consumer Code,
- He is exempted from supplying the proof of the existence of non-conformity of the goods for a period of six months following delivery of the goods,
- The legal warranty applies independently from any other commercial warranty granted.
When the Customer acts with a legal warranty against latent defects of the goods sold as understood by article 1641 of the French Civil Code, he can choose between termination of the sale and reduction in cost as per article 1644 of the French Civil Code.