Legal Notice and General Conditions of Sale

LEGAL NOTICES

Publisher information

This website, accessible under the domain name vernetspareparts.com (hereinafter “the Site”), is published by the company VERNET GROUP, whose head office is located at 21-27 route d’Arpajon, BP 31, 91291 OLLAINVILLE CEDEX

Email: contact (at) vernet-group (dot) com

The Site's publication director is Thomas Rouxel, Director of Communications.

Host information

The Site is hosted by OVH, SAS with capital of 10,069.20 euros, registered with the RCS of Lille under number 424 761 419, whose head office is located at 2, rue Kellermann – 59100 Roubaix

Telephone: 1007

Contact: https://www.ovh.com/fr/support/nous-contacter/

GENERAL CONDITIONS OF SALE

Updated date: 04/04/2022

PREAMBLE

Within these General Conditions of Sale, words or expressions beginning with a capital letter will have the following meaning:

Buyer : any natural person who has created an Account and has paid for an order of Products via the Site's purchase funnel.

CGV : General Conditions of Sale intended to determine the rules of the sales contract. This contract determines the rights and obligations borne by the Buyer and VERNET GROUP.

Account : the personal space created by the Buyer on the Site for the purpose of paying for an order of Products.

Products : products intended for consumers, marketed through the Site.

Site : all of the web pages published by VERNET GROUP, accessible under the domain name vernetspareparts.com and its associated directories, via which the Products can be purchased.

VERNET GROUP is a publisher of Products intended for consumers, marketed through its website accessible under the domain name vernetspareparts.com.

 

Article 1: Purpose

These General Terms and Conditions determine the rights and obligations of the parties in the context of the online sale of Products offered by VERNET GROUP.

Article 2: General provisions

These General Terms and Conditions govern the sales of Products made through the Site, and are an integral part of the contract between the Buyer and VERNET GROUP. They are fully enforceable against the Buyer who accepted them before placing the order.

VERNET GROUP reserves the right to modify these terms at any time by publishing a new version on its Site. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Site at the following address: contact@vernet-group.com.

VERNET GROUP also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Buyer declares to have read all of these General Terms and Conditions and accept them without restriction or reservation.

The Buyer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.

The Buyer declares to be able to contract legally under French laws or to validly represent the natural or legal person for whom he is contracting.

Unless proven otherwise, the information recorded by VERNET GROUP constitutes proof of all transactions.

 

Article 3: Price

The prices of Products sold through the Site are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the Product order page, and excluding specific shipping costs.

For all Products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the jurisdiction of VERNET GROUP. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). VERNET GROUP therefore invites the buyer to inquire about these aspects with the corresponding local authorities.

VERNET GROUP reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Site are the responsibility of the Buyer, as well as the delivery costs.

 

Article 4: Conclusion of the contract online

In accordance with the provisions of article 1127-1 of the Civil Code, the Buyer must follow a series of steps to conclude the General Terms and Conditions electronically in order to be able to complete their order:

– Information on the essential characteristics of the Product;

– Choice of Product, where applicable, its options

– Indication of the Buyer’s essential contact details (identification, email, address, etc.);

– Acceptance of these General Conditions of Sale

– Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will constitute the formation of these General Terms and Conditions;

– Follow-up of payment instructions, payment for the Products, then delivery of the order. The Buyer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.

During the order process, the Buyer will have the possibility of identifying any errors made in data entry and correcting them.

The language proposed for the conclusion of the General Conditions of Sale is French.

The archiving of communications, the order, order details, as well as invoices is carried out 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 civil code. This information may be produced as proof of the contract.

For delivered Products, delivery will be made to the address indicated by the Buyer. For the purposes of successful completion of the order, the Buyer undertakes to provide truthful identification elements. VERNET GROUP reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

 

Article 5: Products

The essential characteristics of the Products and their respective prices are made available to the buyer on the Site, as well as, where applicable, the method of use of the Product.

In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page.

The selling price of the Product is that in force indicated on the day of the order, this does not include shipping costs invoiced additionally. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. VERNET GROUP reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

Clear information is given on the Product presentation page regarding the delivery dates of the Products. The Buyer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of VERNET GROUP, its postal, telephone and electronic contact details. , and its activities in the context of this sale.

VERNET GROUP undertakes to honor the Buyer's order within the limits of available Product stocks only. Failing this, VERNET GROUP informs the Buyer. If the order has been placed, and failing agreement with the Buyer on a new delivery date, VERNET GROUP will reimburse the Buyer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the Products offered for sale have no contractual value. The validity period of the Product offer as well as their prices is specified on the Site. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address
provided).

 

Article 6: Compliance

In accordance with article L.411-1 of the Consumer Code, the Products offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the fairness of commercial transactions and to consumer protection. Independently of any commercial guarantee, VERNET GROUP remains liable for any lack of conformity and hidden defects in the Product.

In accordance with article L.217-4 of the Consumer Code, VERNET GROUP delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), VERNET GROUP reimburses or exchanges Products that are defective or do not correspond to the order. Reimbursement can be requested at the following email address by providing the order number: contact@vernet-group.com.

 

Article 7: Reservation of ownership clause

The Products remain the property of VERNET GROUP until full payment of the price.

 

Article 8: Delivery terms

The Products are delivered to the delivery address indicated when ordering and within the deadlines indicated. These deadlines do not take into account the order preparation time.

In the event of late delivery, the Buyer has the option of resolving the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code. VERNET GROUP then proceeds to reimburse the Product and the “outbound” costs under the conditions of the provisions of articles L216-3 and L241-4 of the Consumer Code.

VERNET GROUP points out that when the Buyer takes physical possession of the Products, the risks of loss or damage to the Products are transferred to him. It is up to the Buyer to notify the carrier of any reservations regarding the delivered Product
.

 

Article 9: Availability and presentation

In the event of unavailability of an item for a period of more than 5 working days, the Buyer will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Buyer can then request a credit for the amount of the item or a full refund and cancellation of the order.

 

Article 10: Payment

Payment is due immediately upon ordering, including for pre-ordered Products. The Buyer can make payment by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by a payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network (between the Buyer's terminal and the servers of the payment provider for transaction). Once the payment is initiated by the Buyer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Buyer authorizes VERNET GROUP to debit their card for the amount relating to the price indicated. The Buyer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or inability to debit the card, the Sale is immediately automatically terminated and the order
canceled.

 

Article 11: Withdrawal period

In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting VERNET GROUP by email at the following address, providing the order number: contact@vernet-group.com.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Buyer. Returns of Products must be made in their original condition and complete (packaging, accessories, instructions, etc.); If possible, they must be accompanied by a copy of proof of purchase.

In accordance with article L221-28 of the Consumer Code, the withdrawal period cannot be exercised for certain contracts and/or Products. The Buyer acknowledges having been informed of this, and accepts the impossibility of exercising his right of withdrawal when such a contract and/or such product is concerned.

 

Article 12: Guarantees

In accordance with the law, VERNET GROUP assumes the guarantees of conformity and relating to hidden defects of the Products. VERNET GROUP reimburses the buyer or exchanges Products that are apparently defective or do not correspond to the order placed. The refund request must be made by email to the following address, providing the order number: contact@vernet-group.com.

VERNET GROUP reminds that the consumer:

– has a period of 2 years from delivery of the goods to act with VERNET GROUP

– that he can choose between replacement and repair of the goods subject to the conditions provided for by the aforementioned provisions

– that it is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods

– that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016

– that the consumer can also claim the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price

 

Article 13: Complaints and mediation

If applicable, the Buyer may submit any complaint by contacting VERNET GROUP by email at the following address, providing their order number: contact@vernet-group.com.

In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

In the event of failure of the complaint request to VERNET GROUP customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.

Article 14: Termination of the contract

The order can be canceled by the buyer by registered letter with acknowledgment of receipt in the
following cases:

– delivery of a Product that does not conform to the characteristics of the order;

– delivery exceeding the deadline set when ordering or, in the absence of a date, within thirty days following payment;

– unjustified price increase or modification of the Product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15: Intellectual property rights

Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of VERNET GROUP.

No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

 

Article 16: Force majeure

The execution of VERNET GROUP's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent their execution. VERNET GROUP will notify the Buyer of the occurrence of such an event as soon as possible.

 

Article 17: Nullity and modification of the contract

If one of the stipulations of these General Terms and Conditions were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.

 

Article 18: Protection of personal data

In order to find out about the collection and processing of his personal data as well as the various rights he has, the Buyer can consult the Privacy Charter relating to these General Terms and Conditions, available on the Site.

 

Article 19: Applicable law and clauses

All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.

The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

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