The online store French-Twinks.com, was set up by the Swiss company, Vivalead SA registered to the Companies Index of Fribourg (Switzerland), which is the operator of this website. Any order under a product appearing in the online store French-Twinks.com requires prior consultation of these sale terms. Consequently, the consumer is fully informed that his agreement concerning the content of these conditions does not require the handwritten signature of this document, as far as the customer wishes to order online the products presented in the framework of the shop website.
The consumer has the option to save or print these general conditions, given that both the backup editing this document are the sole responsibility. The consumer, prior to his order, said that the acquisition of these products is not directly related to his professional activity, their acquisition is reserved for personal use on his part. As a consumer, the customer has specific rights, which would be called into question in the event that the products or services acquired through the website would actually related to his business.
The online shop set up by the company Vivalead SA through the website lists the following information:
- Presentation of the essential characteristics of the goods offered
- indication, in Euros of the price of goods and, where appropriate, delivery charges
- indication of the terms of payment, delivery or performance
- the existence of a right of withdrawal
- the period of validity of the offer or the price
- the conditions for terminating the contract when it is of unspecified duration or for a period exceeding one year
- All this information is presented in language française.Le consumer states have full legal capacity to engage under these terms and conditions
Article 1: Entirety
These terms represent all obligations of the parties. In that sense, the consumer is deemed to accept without reservation all the provisions of these terms and conditions. No general or specific in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these terms and conditions.
Article 2 : Object
These terms and conditions aim to define the rights and obligations of parties under the online sale of goods and services offered by the company Vivalead SA consumers.
Article 3 : Contract documents
This contract contains the following contractual documents, presented in descending order: these terms and conditions; purchase order. In case of contradiction between provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.
Article 4 : Entry into force - duration
These conditions come into force on the date of signing the purchase order. These general conditions are concluded for the duration necessary for the provision of goods and services, until the expiry of the guarantees owed by the company Vivalead SA.
Article 5 : Electronic Signature
The "click" of the consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 : Order confirmation
The contractual information will be confirmed towards e-mail no later than the time of delivery or failing that, to the address specified by the consumer in the purchase order.
Article 7 : Proof of the transaction
The records stored in computer systems company Vivalead SA under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Article 8 : Product Information
8-a : Vivalead SA company presents on its website the products for sale with the features necessary to allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order the essential characteristics of products they wish to buy.
8-b : The offers shown by the company Vivalead SA are valid only within the limits of available stocks.
Article 9 : Prices
Prices are quoted in euros and are valid at the date of the mailing of the order by the consumer. They do not include delivery charges, charged extra, and indicated before the validation of the order. The prices include the VAT applicable on the date of the order and any change in the VAT rate will be reflected on the price of products in the online store. Payment of the full price must be made when ordering. At no time, payments can not be considered as a deposit or installments.
Article 10 : Payment method
To set the order, the consumer has, at its option, all payment methods listed in the order form. The consumer provides the company Vivalead SA it has the required permission to use the payment method chosen by him, while validating the order. The company Vivalead SA reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card from certified financial institution or in case of nonpayment. The Vivalead SA specifically reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is being 'administration. The Vivalead SA has implemented an order check-out procedure to insure no one is using the bank details of another person without his knowledge. As part of this verification, the customer will be asked to send by fax to the company Vivalead SA a copy of a photo ID and proof of address. The order will be confirmed after receipt and verification by us of parts delivered.
Article 11 : Product Availability
The order will be executed no later than within five days from the day following that on which the consumer placed his order. In case of unavailability of the product ordered, mainly because of our suppliers, the consumer will be informed at the earliest and will have the opportunity to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days at the latest of their payment, or exchange the product.
Article 12 : Methods of delivery
The products are delivered from France by our logistics partner to the address specified by the customer on the order form. The consumer has to check the status of the packaging of the goods upon delivery and report damage to the carrier on the delivery order, and society Vivalead SA, within a week. The consumer may, at his request, obtain sending an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order form. Regarding shipping, we work primarily with La Poste and the Colissimo service monitoring. When we do a shipment, you immediately receive an email informing you.
THE POSTAL SERVICE
In case of delay in delivery in relation to the date we've indicated in the mail from, we ask you to inform us of this delay by sending us an email. We will then contact the Post to start an investigation. A Post investigation may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will immediately re-routed to your home (most cases). If however the product is not found after the 21 days of investigation, the Post considers the package as lost. It is only then that we can send you a replacement at our expense. If the ordered products were not available at that time, we will refund the amount of products affected by the loss of the carrier. If the product or products were still available, but had changed selling prices on the site, we would apply the new sale price or by paying by check for the difference, either by requesting a payment for this price difference. We disclaim any responsibility for the longer delivery times because of carrier, especially in case of loss of products or strike.
Article 13 : Delivery problems due to carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken product ...) must imperatively be indicated on the delivery form of "handwritten reserves", accompanied by the signature of the customer. The consumer must confirm this problem by sending the carrier within two (2) business days following the date of delivery by mail with return receipt stating such claims. The consumer must send a copy of this letter by fax or by mail.
Article 14 : Delivery errors
14-a : The consumer must make to society Vivalead SA on the same day of delivery or later than the first business day after delivery, any claim of error of delivery and / or nonconformity of products in kind or in quality report to entries on the order form. Any claim made after this time will be rejected.
14-b : The formulation of this claim with the company Vivalead SA may be made by logging onto our website under the heading "follow your order" "where, after entering your customer number, you can ask your question through our menu contact by specifying the reference of the order.
14-c : Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company from liability Vivalead SA screw the consumer.
14-d : on receipt of the complaint, the company assigns a Vivalead SA of the product(s) exchange number(s) concerned and communicate by e-mail, fax or telephone to consumers. The exchange of a product can take place only after the allocation to the consumer of a number of exchange according to the approach outlined above.
14-e : In case of error of delivery or exchange any product for exchange or refund must be returned to the Vivalead SA as a whole and in its original packaging.
To be accepted, any return will be reported prior to Customer Service Company Vivalead SA.
The shipping costs are the responsibility of the company Vivalead SA, except where it would prove that the product does not match the original declaration made by the consumer in the right of return.
Article 15 : Product Warranty
The consumer is expressly informed that the Vivalead SA is not the manufacturer of the products presented in the website. Therefore, in case of damage to a person or property by a defect in the product, only the responsibility of the manufacturer of it could be sought by the consumer, on the basis of information on the packaging of the product.
Article 16 : Right to retract
The consumer has a period of 10 working days to return, at its expense, the products do not suit him. This period starts from the date of delivery of the order of the consumer. If this deadline expires on a Saturday, Sunday or a holiday or holiday, it is extended to the next business day. All returns must be reported prior to Customer Service Company Vivalead SA by logging on our website under the heading "follow your order" where, after entering your customer number, you can get your order number. The product must be returned to Vivalead SA.
The products must not have been unsealed so that the consumer can exercise the right of withdrawal.
Only products returned will be together, in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged, used, or whose original packaging has been damaged, will be refunded or exchanged.
This right of withdrawal is without penalty, except for return shipping costs. In the event of exercising the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid, or exchange the product. In the case of an exchange, the re-shipment will be the consumer's expense.
In case of exercising the right of withdrawal, the company Vivalead SA will make every effort to refund the consumer within 15 days.
The consumer will then be refunded by crediting his bank account (secure transaction) if paid by credit card or by bank transfer in other cases.
Article 17 : Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and which can not be prevented by them, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware. Both parties will then, within a month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued. If the force majeure lasts more than three months, these terms may be terminated by the injured party. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and tribunals French: blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning; stop telecommunication networks or difficulties specific to telecommunication networks to the customers.
Article 18 : No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 19 : No Waiver
The failure of either party not to claim a breach by the other party to any obligations contained in these Terms shall be construed in the future as a waiver of the obligation in question.
Article 20 : Applicable law
These terms and conditions are subject to Swiss law. This is so for the fund rules as to the rules of form. In case of dispute or claim, the consumer will apply primarily to the company Vivalead SA for an amicable solution.
Article 21 : Personal data
The information requested from the consumer is required to process the order and may be provided to contractors of the company involved Vivalead SA as part of the execution of this order or its commercial partners. Consumers can write to the company Vivalead SA to oppose such disclosure or to exercise its rights of access, rectification against information concerning and contained in the files of the company Vivalead SA.