ARTICLE 1. OBJECT
These Terms and Conditions are intended to define the conditions under which Products are marketed by VITOS to the Customer. Thus, they regulate the various stages of completion of the sale: the transfer of the order by the Customer to the delivery of the Product to the Customer.
ARTICLE 2. PRODUCTS
Products offered for sale by VITOS are those listed on the Website the day of their consultation by the Customer; it being understood that the photographs illustrating the products are not contractual. Each product will be a description, which, in addition to photography, includes: price, photography, availability of sizes and colors, compositions and special features. Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user.
ARTICLE 3. PRICES
Prices are in Euros including all taxes, excluding shipping costs, it being understood that the value added tax is in effect in the metropolitan French territory on the day of confirmation of the order.
The prices are those given on the Website and confirmed to the Customer during the order validation.
We reserve the right to modify our prices at any moment but will apply the current rates as indicated to you on the site at the time the order was placed.
We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.
Shipping fees are disclosed to the Customer on the order summary before confirming them and are expressed inclusive of all taxes. These costs are at the expense of the Customer and are charged in addition to the sales price of the Products.
The transfer of risks of loss and deterioration of products will be made after delivery and receipt of the Products by the Customer.
ARTICLE 4. ORDERS
Fill out the order form. After a prolonged period of inactivity during the session, the availability of the Goods selected by the Client prior to this period of inactivity may no longer be guaranteed. The Client shall then be invited to recommence his selection of Goods and Services from the start;
Check the information provided in the Order and, where applicable, identify and correct any errors;
Validate the Order, the Total Price and the Order Total (the “Order Validation”).
Follow the instructions given by the online payment server to pay the Order Total.
The Client shall then receive:
– without delay, an electronic confirmation that the payment of the Order has been accepted.
– without delay, an electronic acknowledgment of receipt, confirming the Order (the “Order Confirmation”)
– electronic confirmation of shipment when the Order is shipped.
When completing the various steps listed above to place an Order, the Client commits to complying with these contractual terms and conditions, pursuant to Article 1316-1 of the Code civil (the French “Civil Code”).
The Seller commits to fulfilling the Order, to the extent that the Goods are in stock. Should the Goods be out of stock, the Seller commits to informing the Client thereof.
However, pursuant to Article L. 122-1 of the Consumption law, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, in particular if there is a preexisting dispute with the Client as regards the payment of an earlier order.
ARTICLE 5. PAYMENT
The fact of validating your order implies for you the obligation to pay the indicated price.
The payment of your purchases is made only by Credit Cards or via Paypal.
The debit of the card is made at the time of payment of the order.
We accept CB, VISA, MASTERCARD / EUROCARD / AMERICAN EXPRESS / UNIONPAY
We recommend this option because it is the easiest, fastest and most secure. When validating your order, you will simply indicate your credit card number and expiry date.
PayPal is the best way to send and receive payments online, for both individuals and businesses.
You give an email address as a means of payment and not your bank details.
You can pay in an instant and consult the details of your transactions in real time.
With PayPal, you benefit from one of the best encryption technologies on the market.
ARTICLE 6. SHIPPING CONDITIONS
VITOS will deliver orders with a delivery within a maximum of five (5) business days for delivery to Metropolitan FRANCE, eight (8) business days for delivery to any EU country and maximum twelve (12) days for any other destination counting from the day following receipt of the order.
Any order registered on the Website Monday through Thursday before 1 p.m. will be processed the same day; after 1 p.m. it will be processed the following day. All orders placed after 3 p.m. Friday, Saturday and Sunday will be processed the following Monday; it being understood that orders placed on a holiday will be processed the following business day.
Exceeding the delivery time, not justified by force majeure (Act of God), the Customer may request cancellation of the sale and obtain within a maximum period of 30 (thirty) days the refund of the amount paid in connection with the sale.
For international orders (out of the EU), your country may apply customs duty on this import, and you will have to pay the duty in order to get the goods.
ARTICLE 7. RECEIVING ORDERS – COMPLAINS – RETURNS
The Customer is required to verify the correctness of products received under his order at the time of delivery. Any anomaly concerning the delivery such as:
- Damaged packaging
- Missing products
- Damaged products
- Products not complying with the order,
must be addressed within legal delay after receipt of order: Thirty (30) days.
This notification must be sent to the VITOS customer service:
– By mail, write to the following address: VITOS SAS – 23-25, rue Jean-Jacques Rousseau 75001 Paris, France.
– By email at [email protected]
After this time, and except for hidden defects, no claim will be accepted. The Products are then considered correct.
Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, with copy of the invoice, in perfect condition to be sold again on the website to this address:
10, avenue de Versailles
75016 Paris, France
The risks and costs of returns are the sole responsibility of the Customer.
Where defects have been confirmed, VITOS proposes to the Customer either:
Replacement of the Product(s) at the expense of VITOS or,
Reimbursement of the order price (price of products and delivery charges) and cost of shipping, no later than within thirty (30) days from the mailing date of notification confirmation of error by the customer service of VITOS.
Please note that if you return the goods to VITOS we will issue with a full refund for the cost of goods less any import duties or taxes.
The returns cash on delivery (COD) are not accepted. When receiving a damaged product, VITOS refunds the return fees according to the prices of Colissimo International or National Post of your country (international express shipping as DHL or Fedex will not been refunded). The Client has to send a proof of the return fees by email to Customer Client, by email to [email protected]
In case of abnormal or abusive claims, VITOS may refuse to serve later orders.
ARTICLE 8. RIGHT OF WITHDRAWAL
The customer has a period of fifteen (15) days from the date of receipt of his order to return the Products ordered, with no explanation or penalty.
For returns under the right of withdrawal, the procedure below must be fully respected. No returns will be accepted without the aforementioned return form completed.
Products must be returned in their original packaging with labels and any accessories, with copy of the invoice, in perfect condition to:
10, avenue de Versailles
75016 Paris, France
The risks and costs of returns are the sole responsibility of the Customer.
Subject to the conditions mentioned above, VITOS will refund the amount of all taxes included in the order to the Customer (product prices and shipping costs) outside of return expenses. The bank account / Credit Card of the Customer will be credited to such amount within thirty (30) days of receipt of the Products by VITOS.
VITOS collects certain information necessary to process orders.
Such data is not only necessary to process the customer’s order by VITOS; but also to provide the Customer with information about the brand VITOS on the Website or with VITOS product offers, if the Customer accepts it while validating his order.
Information is strictly confidential and is listed with an asterisk (*) when necessary to VITOS, and/or its contractors as part of the management of the customer order.
Following any injunction or legal authorities to defend the rights or those of its employees, customers or anyone else, VITOS may provide your information to agencies and authorities legally authorized.
VITOS agrees to take every precaution to ensure the security of its files and protect its computer system, and prevent personal information such as the Customer’s from being distorted, corrupted or available by unauthorized parties.
The Customer’s personal information is sent to and stored by the hosting company located in France, whose coordinates appear on the Website under the heading “Legal”. Under the Data Freedom and Protection Act of January 6, 1978, as amended by the Act of August 6, 2004, the Customer has the right of access, rectification, modification, and deletion of data. VITOS follows Regulation (EU) 2016/679 (General Data Protection Regulation).
According to the French law “Informatiques et Libertés” n° 78-17, from 6 January 1978, as modified by the French law from 6 August 2004, you have a right of access, rectification, and opposition to your nominative data
The Customer may exercise this right by sending a letter to the following address or by email, stating your full name, email and mailing address:
23-25, rue Jean-Jacques Rousseau
75001 Paris, France
ARTICLE 10. COOKIES
The cookies memorize the time of the visit of the Customer on the Website, its identity (known thanks to his email and password) and the contents of his basket. Once disconnected from the Website, this information is stored for thirty (30) days before being permanently deleted.
The Customer may oppose the registration of cookies by configuring their browser. It then loses any customization service that is offered on the Website.
ARTICLE 11. DISCLAIMER
Placing an order on the Website implies knowledge and acceptance of procedures on the Internet in particular with regards to technical performance, response times, connections, queries or information transfers, the risks of disconnection, the risks of contamination by viruses circulating on the network and in general all the risks associated with using the Internet.
VITOS cannot in any way be held liable for any direct or indirect damage, resulting from misuse or incident relating to the use of the computer, Internet access, maintenance or malfunctioning servers, telephone line, or any other technical connection; the connection of the Customer to the Website is under his full responsibility.
ARTICLE 12. FORCE MAJEURE (Act of God)
VITOS is not responsible for non-performance or part of its Obligations under the order placed by the Customer, if such non-performance is caused by an event of force majeure (act of god) as defined by substantive law.
In such a case, VITOS will inform the Customer of the occurrence of such event within 3 (three) days after its occurrence, by email.
After a period of 1 (one) month, and the assumption the event constituting a force majeure (act of god) persists, the order will be canceled and will, when appropriate, be recoverable from VITOS on the credit card that was used to place the order within a maximum of 30 (thirty) days.
ARTICLE 13. LAW
If any of these terms of the Terms and Conditions is found invalid, illegal or unenforceable by a court other provisions of the Terms and Conditions shall remain in effect.
The Terms and Conditions are performed and interpreted in accordance with French law.
In the case of litigations, the Customer’s priority will be to address VITOS in order to reach an amicable agreement. Failing to reach an agreement, the courts of law will be competent.