GENERAL TERMS AND CONDITIONS OF SALE

General terms and conditions of sale for www.parapluie-vaux.fr

Updated on 1 September 2019 

These general terms and conditions of sale (the "GTCS") govern the sale of products shown on the website, www.parapluie-vaux.fr (the "Website") by Maison Pierre Vaux, Pierre Vaux SA, listed in the Lons-Le-Saunier Register of Trade and Companies as number 64705028500038, with its registered office at ZA Les Etables Rue du Barrage – 39200 Saint-Claude - France, Intra-Community VAT registration number FR59647050285 (hereinafter known as "Maison Pierre Vaux").

You can contact us:

• on +33 (0)3 84 45 13 72  (cost of a local call from a landline) from 8:30am to 5pm from Monday to Friday (except public holidays).

• here or by email at the following address: contact@parapluie-vaux.fr

MPierre Vaux SA operates a business, under the Maison Pierre Vaux trademark and brand name, selling items mainly intended for the Umbrella and Parasol accessory market.

1. Range

2. Prices

3. Orders

4. Payment

5. Delivery

6. Refunds – Returns (Cancellation rights)

7. Specific terms and conditions for bespoke products

8. Legal guarantees

9. Personal data

10. Intellectual property

11. Entirety clause

12. Liability

13. Dispute resolution

Preamble

These GTCS are entered into by Maison Pierre Vaux and any non-trading natural person wishing to make a purchase via the Website (the "Customer").

These GTCS govern the sale of all products shown on the Website (hereinafter the "Products").

Products (or the supply of Product-related services) can only be dispatched to metropolitan France and Corsica (see Article 5 for delivery in other regions).

Maison Pierre Vaux reserves the right to amend the GTCS at any time. These new GTCS shall, however, only apply to transactions that are in progress when they come into force.

Should any conditions prove to be lacking, current distance selling industry practices in force in companies with their registered office in France shall apply.

1. Range

Any order implies acceptance of the prices and description of the Products on sale. The items being sold are described and presented with the utmost accuracy. We cannot be held liable if, despite all our precautions, minor errors occur. Any disputes in this regard shall be raised as part of a possible exchange and under the guarantees mentioned in Article 6 (return costs shall then be paid by Maison Pierre Vaux).

Due to the acts of our suppliers, we may have to deliver items that are slightly different to the ones described but, in any event, they will be the same quality as the items ordered, or higher quality than the items ordered. If you are not happy with the items then you are, of course, covered by the legal guarantee of conformity.

Our product offers are valid whilst stocks last.

2. Prices

The Product prices shown on the Website are valid for as long as they are shown online.

Product prices are shown in Euro, inclusive of any taxes. They include VAT and any reductions applicable on the order date. The Product prices shall be understood not to include any fixed contribution to order processing costs (depending on the current amount, see Article 5). Should one, or more, taxes, in particular environmental taxes, be created or modified upwards or downwards, this change may be passed onto the selling price of the Products via the website and via different sales media.

3. Orders

3.1 Prior identification of the Customer

To place an order, identify yourself by your email address or Customer number and password. To create an initial order, follow the account creation procedure shown on the Website. Customer numbers are personal. Any loss or omission must be reported to the Maison Pierre Vaux Customer Service Department by calling  +33 (0)3 84 45 13 72 (cost of a local call from a landline) between 8:30am and 5pm, Monday to Friday.

3.2 Order registration and validation

Once you have selected all the Products you wish to order, choose the address and delivery method and, finally, validate the payment method. This last step will formalise the contract of sale between you and Maison Pierre Vaux.

Order validation shall be considered express approval of the GTCS.

Maison Pierre Vaux shall acknowledge receipt of the order by sending an email within forty eight (48) hours containing a link to these general terms and conditions of sale (except for orders placed on Fridays, Saturdays, Sundays and public holidays, French time). You can also print a summary of the order straight from the Website.

If a Product ordered is not available, you will be informed by email.

Under some circumstances, however, particularly where there are multiple customer accounts, orders for unusual quantities, fraudulent exchanges or returns, existing disputes, non-payment, incorrect address or other problems on your account, Maison Pierre Vaux reserves the right to block the Customer order until the issue is resolved.

For any questions relating to the progress of your order, please call  +33 (0)3 84 45 13 72 (cost of a local call from a landline) between 8:30am and 5pm, Monday to Friday.

Please keep the delivery note attached to your package, you will need it if you require an exchange or refund.

4. Payment

4.1 Payment methods

By bank card (Carte Bleue, e-carte bleue, Visa, Mastercard)

Your account will be debited when the Products are shipped. If products are delayed or sold out, you will only be charged for products actually invoiced and delivered. The order amount may, therefore, be debited in a number of instalments, depending on the various delivery dates of your products.

To ensure that your payments are secure, Maison Pierre Vaux uses the services of a secure payment provider: Credit Agricole. This service uses the SSL3.0 security standard. (Confidential data are encrypted on the Crédit à Agricole server and are never forwarded to the Maison Pierre Vaux IT server). Crédit Agricole provides our customers with the highest level of security in relation to their payment data. Your payment is sent, in real time, to the Crédit à Agricole secure payment system which conducts various checks to prevent abuse and fraud.

During order validation, you will have to provide your bank card number, its expiry date and security number. Your bank card details will then be saved in an encrypted format until the order has actually been paid for, via our payment service provider, Crédit Agricole, and until the time limit for returns expires, so that you can be reimbursed by having your account credited. Bank card data disclosed when you place orders will only be used by OGONE for the purposes of completing the transaction. Likewise, should you opt to defer payment, your bank details will be saved in the same way by Crédit Agricole until the scheduled payment date.

You can also choose to save/remember your bank card details so that you don’t have to re-enter it every time you place an order. Your Bank card number appears in full when your enter it, but only the last five (5) digits will be visible in your Customer account, the other digits being hidden for security reasons.

Pursuant to the law of 13 March 2000 on electronic signatures, online transmission of your card number and final validation of your order are valid proof of the order in its entirety and of the sums payable to settle this request.

If your card is used fraudulently, please contact Customer Service as soon as the fraudulent use is detected, by calling +33 (0)3 84 45 13 72  (cost of a local call from a landline) from 8:30am to 5pm from Monday to Friday (excluding public holidays).

Valid for baskets containing a Maison Pierre Vaux gift card or e-Gift card..

You agree that “double clicking” on the tick box acknowledging awareness of the general terms and conditions constitutes valid consent and irrevocable and unreserved acceptance of the product's general terms and conditions.

With your PAYPAL account:

On choosing to pay via PayPal, Customers will automatically be directed to their PayPal account. Once the Paypal payment has been validated, Customers will be able to complete their order on the Website.

The invoice for your order will be sent to you by email when shipment is confirmed and can also be accessed from your customer account.

The invoice can be sent to you in hard copy by request.

5. Delivery

Only orders with billing and delivery addresses in metropolitan France and Corsica are recognised on the Website.

For overseas departments and territories and other international destinations, please log onto the www.parapluie-vaux.fr website.

Save for some exceptions, you will be asked to make a flat-rate contribution to order processing costs (postage, packing, packaging) for each order, as shown in the "Basket" step when placing your online order.

Customers are responsible for assembling Products that are delivered unassembled. Customers themselves are responsible for making the equipment operational by following the instructions contained in the operating manual.

Products may be delivered:

To local pick-up points (Points Relais®): within seven working days (not including Sundays, Mondays and public holidays)

To use this service, all you have to do is order before 7pm, by phone or on the Website. You will then be given a list of local pick-up points (Points Relais®). To find your nearest pick-up point (Point Relais), click here or call +33 (0)3 84 45 13 72  (cost of a local call from a landline). The package will be available for ten (10) days. After this deadline, it will be returned to Maison Pierre Vaux.

Offer valid apart from items marked with   and some items marked with a   .

By Chronopost to your home or to another address: within 24 hours

To use this service, all you have to do is order before 10am, by phone or on the Website and pay for the order by bank card. Service not available for bulky items marked with   or with   as well as for bespoke items. The "Chronopost" service does not operate on weekends and public holidays (orders placed by Chronopost on Fridays after 10am will be delivered on Tuesday afternoons).

Home delivery: delivered to your home or to another address within 7 working days*

Available for all items.

Delivery costs are listed on this page. *Prices current on 01/09/2019, subject to change.

6. Refund - Return (cancellation rights)

All Products delivered may be eligible for a refund except those excluded by law, for example, bespoke Products (for further details, see Article 7). Products must not have been worn, washed or damaged and must be returned intact in their original packaging with any accessories, user manuals or other documentation.

6.1 Cancellation rights

All Products may be subject to cancellation, except those excluded by law in Article L221-28 of the French Consumer Code, for example, Products that have been unsealed and cannot be returned for reasons of hygiene (e.g.: worn tights), etc.

You have seven days from receipt of the last package in your order in which to notify us that you wish to cancel by returning the order to us by freepost, or to return a product that is part of your order, as outlined below. Even if you have not notified us that you wish to return your product (via the means mentioned above), Maison Pierre Vaux will nevertheless agree to take back your product, provided that it is returned to us within 30 days of delivery of the last package in your order.

6.2 Returns

You have 30 days from receipt of the last package in your order to return the Product.

To return a product, all you have to do is access your customer account at https://parapluie-vaux.fr/fr/mon-compte, and go to "Order history and details". Then, select "details" for the order in question and the product and quantity to be returned. Please state the reason for your return in the "Return goods” box, then click on "Return Request".

You can return the Product:

Either direct to this address: Maison Pierre Vaux – Returns Department –  Rue du Barrage, 39200 Saint-Claude  –  postage payable by you).

Maison Pierre Vaux then agrees to reimburse you, provided that the aforementioned conditions are met, as soon as possible and, at the latest, within fourteen days of receiving proof of sending of the package for our attention or receipt of the package by us (whichever date is the earlier).

• Accepted proofs of sending are:

• The Point Relais deposit slip

• Stamped and dated Post Office receipts for tracked parcels

If the Product order was paid for:

• By Paypal, and the Paypal account is still active, reimbursement for your product returns will be made to the same Paypal account.

• By bank card, and if the bank card is still valid, reimbursement for your product returns will be made direct by crediting the bank account linked to the card in question.

• By bank card, and the if bank card is no longer valid, reimbursement for your product returns will be made direct by means of a cheque made out in your name.

The status of your request will then be accessible via your account, from the "Return goods” tab.

To help Maison Pierre Vaux improve its customer service, you will be asked to state the reason for the return on the return form and to specify whether you are returning all the Products purchased in exchange for a refund of the purchase price and any delivery costs, or you are keeping all, or part, of the order.

If you wish to replace this Product, all you have to do is place a new order as per Article 3 above. To obtain free delivery, you need to place your new order within 48 hours of stating your intention to return the Product in the My returns section of your customer account.

7. Specific terms and conditions for bespoke products

Bespoke Products are not covered by provisions relating to the right of cancellation. They cannot be taken back, or exchanged , except under the guarantee against defects affecting the items being sold (Article 9).

By sending Maison Pierre Vaux personalised text to be added to the bespoke Product, the Customer undertakes that the terms transmitted are not subject to third party rights (intellectual property rights), such that Maison Pierre Vaux cannot be held liable in any way whatsoever.

In addition, the Customer undertakes not to ask for Products to be personalised with pornographic, paedophilic, violent, obscene, or defamatory terms, or terms likely to offend human dignity.

Maison Pierre Vaux reserves the right to refuse any personalisation requests that are contrary to this article.

In any event, the Customer shall be held solely liable for any violation of third party rights or the aforementioned ethical provisions. Maison Pierre Vaux cannot accept any liability in this regard.

Lastly, Customers should note that Maison Pierre Vaux has no control over the spelling and grammar of the text submitted by the Customer.

8. Legal guarantees

If, despite our precautions, one of your items arrives damaged or if a part of your order is missing, all you have to do is notify us and we will send you a replacement for the damaged or missing item.

8.1 Legal guarantees

You are covered by the legal guarantee of conformity (Articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), enabling customers to return Products delivered faulty or non-compliant, on all your purchases.

Legal guarantee of conformity

When you act under a legal guarantee of conformity, you:

have two years from delivery of the Product in which to take action:

can choose to have the Product repaired or replaced, subject to the conditions of cost provided for by Article L. 217-9 of the French Consumer Code;

do not have to provide proof of the existence of the Product's lack of conformity over the 24 months following delivery of the Product.

The legal guarantee of conformity applies irrespective of any commercial guarantee given (see Article 8.2).

Guarantee against hidden defects:

You can decide to activate the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In this case, you can choose either to cancel the sale or agree to a price reduction in accordance with Article 1644 of the French Civil Code.

Legal guarantee of conformity:

Article L217-4 French Consumer Code:

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of compliance in existence at the time of delivery. It is also liable for any lack of conformity resulting from packaging, assembly or installation instructions where the seller has been charged with said assembly or installation under the contract or where it has been responsible for organising said assembly or installation.

Article L217-5 French Consumer Code:

To comply with the contract, the goods shall: 1. Be fit for the use ordinarily expected of similar goods, where appropriate: - match the description given by the seller and possess the qualities presented to the buyer in the form of samples or models; - possess the qualities that a buyer might legitimately expect in view of the public declarations made by the seller, the manufacturer or its representative, notably in terms of advertising or labelling; 2. Or have the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, made known to the seller and agreed by it.

Article L217-12 French Consumer Code:

The right to institute any proceedings on the basis of lack of conformity shall lapse two years after the date of delivery of the goods.

Guarantee against hidden defects

Article 1641 of the French Civil Code

The seller is bound by the guarantee against hidden defects in the item sold which render it unfit for purpose, or which so diminish said use, that the buyer would not have bought the item, or would only have paid a lower price for it, if the defects had been known.

Article 1648 paragraph 1 of the French Civil Code:

Any proceedings arising from redhibitory defects shall be brought by the buyer within two years of discovery of the defect.

8.2 Spare parts

Spare parts are available for our Products for five years.

For Products covered by manufacturers’ commercial guarantees, parts are available for the duration of said commercial guarantee, while stocks last.

9. Personal data

When the order is placed, personal data will be processed.

Customers are invited to refer to the Website’s "Privacy & Cookies" tab to obtain full information on this issue.

10- Intellectual property

All the Website's components, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Likewise, trademarks, logos, drawings and models appearing on the Website are the exclusive property of Maison Pierre Vaux. Their disclosure shall in no way be interpreted as granting any license or right of use of said trademarks and distinctive elements protected by copyright. Use shall constitute infringement of copyright.

None of the documents from the Website may be copied, reproduced, republished, downloaded, posted, forwarded or distributed by any means whatsoever.

It is, however, possible to download a copy of the documents onto a computer for personal use, solely for non-commercial purposes, provided that you do not change the information contained therein and you keep all copyrights and other proprietary notices intact. Any amendments to these documents or their use for another purposes constitutes an infringement of Maison Pierre Vaux’s intellectual property rights. Any amendments to these documents or their use for another purposes constitutes an infringement of Maison Pierre Vaux’s intellectual property rights.

If you have a personal website and wish to post a simple direct link to the Website’s homepage, for personal use, authorisation must be obtained from Maison Pierre Vaux. In this event, said posting shall not constitute an implicit affiliation agreement.

On the other hand, any hypertext link to the Website using the framing or inline linking technique is strictly forbidden. In any event, all links, even those that have been tacitly authorised, shall be removed at Maison Pierre Vaux’s simple request.

11. Entirety clause

Should one of the clauses of the GTCS become null and void due to a change of legislation, regulation or court order, this would in no way affect the validity and compliance of these GTCS.

12. Liability

Maison Pierre Vaux has a performance obligation in relation to all stages of order taking as well as after the conclusion of the sale contract.

Maison Pierre Vaux agrees to describe the products sold on the Maison Pierre Vaux Website with the utmost accuracy. On the other hand, Maison Pierre Vaux cannot be held liable if the non-performance of its obligations is due to the unforeseeable and unavoidable act of a third party to the contract or to a case of force majeure, as defined by French case law.

Maison Pierre Vaux cannot be held liable for any inconvenience or damage relating to use of the Internet network such as a break in service, the presence of computer viruses or outside intrusions, or more generally speaking, any cases classed as force majeure by the French courts.

The Website complies with French legislation and Maison Pierre Vaux cannot, under any circumstances, give any guarantee of conformity with local legislation that would apply to you if you accessed the Website from other countries.

13. Dispute resolution

13.1 Mediation

Should you wish to file any complaint about your order, please contact us by calling +33 (0)3 84 45 13 72  (cost of a local call from a landline, by email to contact@parapluie-vaux.fr or by post to Maison Pierre Vaux - Service Clientèle – Rue du Barrage  -  39200 Saint-Claude - FRANCE

In accordance with the provisions of the French Consumer Code on the amicable settlement of disputes, Maison Pierre Vaux has signed up to the French e-commerce and distance selling association (FEVAD) Mediation Service, details of which can be found below: 60 rue la Boétie – 75008 Paris – France -  www.mediateurfevad.fr . Any consumer disputes that cannot be settled by writing to Maison Pierre Vaux, may be referred to the Mediation Service. To find out how to refer a case to the Mediator, click here.

You can also file your complaint on the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ The European Commission will forward your complaint to the competent national ombudsman.

You can use the e-commerce mediation service for consumer disputes relating to purchases made  at www.www.parapluie-vaux.fr or in-store.

13.2 Applicable law and legal jurisdiction

In the absence of an amicable resolution, any legal proceedings shall be brought before the courts with jurisdiction over the defendant’s place of domicile.

These General Terms and Conditions of Sale, which govern any consumer purchase on this website, are subject to French law.

In addition, Maison Pierre Vaux adheres to the French e-commerce and distance selling association (FEVAD) Code of Ethics.

The Website complies with French legislation and Maison Pierre Vaux cannot, under any circumstances, give any guarantee of conformity with local legislation that would apply to you if you accessed the Website from other countries.