Legal information

Information about the publisher

The present 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

E-mail: contact (at) vernet-group (dot) com

The director of the publication of the Site is Thomas Rouxel, Director of the communication.

Information on the host

The Site is hosted by OVH, SAS with a capital of 10.069,20 euros, registered at the RCS of Lille under the number 424 761 419, whose head office is located at 2, rue Kellermann – 59100 Roubaix

Phone number : 1007

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

General Terms and Conditions of Sale

Update date: 04/04/2022

PREAMBLE

In the present General Terms and Conditions of Sale, words or expressions beginning with a capital letter shall have the following meaning

Buyer: any natural person who has created an Account and has paid for an order of Products through the purchase tunnel of the Site.

GTC: General Terms and Conditions of Sale whose purpose is to determine the rules of the sales contract. This contract determines the rights and obligations of the Buyer and VERNET GROUP.

Account: the personal space created by the Buyer on the Site in order to proceed with the payment of an order of Products.

Products: products intended for consumers, marketed through the Site

Site: all 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 for consumers, marketed through its website accessible under the domain name vernetspareparts.com.

Article 1: Purpose

The General Terms and Conditions of Sale set forth herein define the rights and obligations of the parties with regard to the online sale of Products offered by the VERNET GROUP.

Article 2: General provisions

These GTC govern the sale of Products 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 has accepted them before placing an order.

VERNET GROUP reserves the right to modify the present terms and conditions at any time by publishing a new version on its Site. The applicable GTC are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Site at the following address: contact@vernet-group.com.

VERNET GROUP also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Buyer declares that he/she has read all of these GTC and accepts them without restriction or reservation.

The Buyer acknowledges that he/she has received the necessary advice and information to ensure the adequacy of the offer to his/her needs.

The Buyer declares that he/she is legally able to contract under French law or validly represents the individual or legal entity for which he/she is contracting.

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

Article 3 : Prices

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

For all Products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of taxes 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 are not the responsibility of VERNET GROUP. They shall be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). VERNET GROUP invites the buyer to obtain information on these aspects from the corresponding local authorities.

VERNET GROUP reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Site are to be paid by the Buyer, as well as the delivery costs.

Article 4 : Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Buyer must follow a series of steps to conclude the GTC by electronic means in order to be able to place an order:

Information on the essential characteristics of the Product;

Choice of the Product, if necessary, of its options

Indication of the essential details of the Buyer (identification, email, address…);

Acceptance of the present General Conditions of Sale

Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding to 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. The confirmation of the order will carry formation of the present CGV;

Follow the instructions for payment, payment of the Products, then delivery of the order. The Buyer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.

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 GTC by electronic means in order to complete the order:

Information on the essential characteristics of the Product;

Choice of the Product, if necessary, of its options

Indication of the essential details of the Buyer (identification, email, address…);

Acceptance of the present General Conditions of Sale

Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding to 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. The confirmation of the order will carry formation of the present CGV;

Follow the instructions for payment, payment of the Products, then delivery of the order. The Buyer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.

During the ordering process, the Buyer will have the possibility to identify and correct any errors made in the data entry.

The language proposed for the conclusion of the GTC is the French language.

The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.

For the delivered Products, the delivery will be made to the address indicated by the Purchaser. In order to properly complete the order, the Buyer agrees to provide truthful identification information. 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 purchaser 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 marking, labeling, displaying or any other appropriate process, of the prices and specific conditions of the sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page.

The selling price of the Product is the one in force indicated on the day of the order, this one not including the shipping costs charged in supplement. These costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. 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 concerning the delivery dates of the products. The Buyer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information concerning the identity of VERNET GROUP, its postal, telephone and electronic contact details, and its activities in the context of the present sale.

VERNET GROUP undertakes to honour the Buyer’s order within the limits of available stocks of Products only. If the Products are not available, VERNET GROUP shall inform the Buyer. If the order has been placed, and if no agreement has been reached with the Buyer on a new delivery date, VERNET GROUP shall 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 period of validity of the offer of the Products as well as their prices is specified on the Site. Except under special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the Products offered for sale under the present GTC shall comply with the regulations in force concerning personal health and safety, fair trading and consumer protection. Independently of any commercial guarantee, VERNET GROUP remains liable for defects in conformity and hidden defects in the Product.

In accordance with Article L.217-4 of the French Consumer Code, VERNET GROUP delivers goods that conform to the contract and is liable for any defects in conformity that exist at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility by the contract or was carried out under its responsibility.

In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the French Civil Code), VERNET GROUP will reimburse or exchange defective Products or those that do not correspond to the order. Refunds can be requested at the following e-mail address, giving the order number: contact@vernet-group.com.

Article 7 : Property reserve 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 at the time of the order and within the times indicated. These deadlines do not take into account the preparation time of the order.

In case of delay of delivery, the Buyer has the possibility of solving the contract in the conditions and modalities defined in the Article L 216-2 of the Code of the consumption. VERNET GROUP will then proceed to the reimbursement of the Product and of the « outward » costs under the conditions of the provisions of Articles L216-3 and L241-4 of the Consumer Code.

VERNET GROUP reminds the Buyer that when the Buyer takes physical possession of the Products, the risks of loss or damage to the Products are transferred to him/her. It is the Buyer’s responsibility to notify the carrier of any reservations regarding the delivered Product.

Article 9: Availability and presentation

In case of unavailability of an item for a period exceeding 5 working days, the Buyer will be immediately informed of the foreseeable delivery time and the order of this item may be cancelled upon request. The Buyer will then be able to ask for a credit note for the amount of the article or its complete refund and the cancellation of the order.

Article 10 : Payment

Payment is due immediately upon ordering, including for pre-ordered Products. The Buyer can make the payment by credit card. The cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The 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 the transport on the network (between the terminal of the Buyer and the servers of the payment provider for operation). 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 by card is irrevocable. By communicating his/her banking information during the sale, the Buyer authorizes VERNET GROUP to debit his/her card for the amount relating to the price indicated. The Buyer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.

Article 11 : Retraction period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any 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 e-mail at the following address, giving the order number: contact@vernet-group.com.

If the right of withdrawal is exercised within the above-mentioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, with the return shipping costs being borne by the Purchaser. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the purchase receipt.

In accordance with article L221-28 of the French 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/her right of withdrawal when such a contract and/or such a product is concerned.

Article 11 : Retraction period

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

If the right of withdrawal is exercised within the above-mentioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, with the return shipping costs being borne by the Purchaser. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the purchase receipt.

In accordance with article L221-28 of the French 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 a product is concerned.

Article 12 : Guarantees

In accordance with the law, VERNET GROUP assumes the guarantees of conformity and hidden defects of the Products. VERNET GROUP shall reimburse the purchaser or exchange Products that appear to be defective or that do not correspond to the order placed. The request for reimbursement must be made by e-mail to the following address, giving the order number: contact@vernet-group.com.

VERNET GROUP reminds you that the consumer :

has a period of 2 years from the date of delivery of the goods to take action against VERNET GROUP

that he/she may choose between replacing or repairing the goods, subject to the conditions stipulated in the above-mentioned provisions

that he/she is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods

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

that the consumer may also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price

Article 13 : Claims and mediation

If necessary, the Buyer may make any claim by contacting VERNET GROUP by e-mail at the following address, giving his order number: contact@vernet-group.com.

In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.

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

Article 14 : Resolution of the contract

The order can be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases

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

delivery beyond the deadline fixed at the time of the order or, in the absence of a date, within thirty days of payment;

an unjustified price increase or modification of the Product. In these cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.

Article 15 : Intellectual property rights

The 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 GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.

Article 16 : Force majeure

The performance of VERNET GROUP’s obligations under the present GTC shall be suspended in the event of a fortuitous event or force majeure that would prevent their performance. VERNET GROUP shall notify the Buyer of the occurrence of such an event as soon as possible.

Article 17: Invalidity and modification of the contract

If one of the stipulations of the present GTC is cancelled, this nullity will not lead to the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 18: Protection of personal data

In order to be informed about the collection and processing of his personal data as well as the different rights he has, the Buyer can consult the Privacy Policy related to the present GTC, available on the Site.

Article 19: Applicable law and clauses

All the clauses appearing in the present general terms of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.

The nullity of a contractual clause does not entail the nullity of the present general sales conditions.