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Terms and Conditions

Preamble

The Terms and Conditions detailed below outline the rights and obligations of Van Orton SAS, with a capital of 40,000 euros, registered at the RCS 838611556 and headquartered in Cranves-Sales, Haute-Savoie.

Hereinafter referred to as "VO FRANCE" and its customer, hereinafter referred to as "the Client."

You can contact the company at any time by visiting the "How to Contact Us" section on the legal notices page, accessible from the footer of the website.

1 - Purpose of the General Terms and Conditions of Sale

Our GTC aims to describe the terms and conditions for remote sales of goods and services between VO France and the Client. They express the entirety of the obligations and rights of the parties and exclusively govern their relationship.

VO France may adapt or modify these GTC at any time, provided that the applicable GTC are those in effect on the day the Client places the order.

These terms and conditions only apply to purchases made by buyers located in the European Union and delivered exclusively within this economic area.

The Client declares having read and accepted these General Terms and Conditions of Sale before purchasing the product or placing their order.

This acceptance is confirmed by completing the transaction. The terms are binding under Article 1119 of the Civil Code and include all the information listed in Article L. 221-5 of the Consumer Code.

2 - Regarding the Order

The Client places their order according to the specifications listed on the website for any available product. If a product is unavailable, the website does not allow the client to place an order.

During the ordering process, the Client can choose to create an account or place an order as a "guest" (no need to create a client account). In both cases, the client will receive an order confirmation at the previously provided email address, along with notifications to track their order and a link to track the package.

To validate the order, the Client must provide the address and select the delivery method, payment method, and have the payment accepted.

3 - Prices

VO France reserves the right to change its prices at any time but commits to applying the rates indicated at the time of order, subject to availability on that date.

Prices are indicated in euros. Prices include the VAT applicable on the order date, and any change in the VAT rate will automatically affect the price of online store products.

Prices do not include delivery charges, which are billed separately and indicated before the order is confirmed, except in cases of free (complimentary) delivery noted on the product page.

4 - Payment Methods

To pay for their order, the Client can choose from all the payment methods available through VO France: Bank Card or Bank Transfer.

Secure Payment by Bank Card:

Products presented on the website are payable at the time of order. When the transaction is accepted by the banking platform, the sale is considered accepted by VO France at that moment. VO France reserves the right to suspend any order management and delivery if payment authorization is refused by accredited organizations or in case of non-payment.

Payment is secure according to the latest standard (DSP3). VO France does not have access to the bank card numbers used by the Client.

If the bank card is used fraudulently, the Client is invited to immediately contact VO France via email at the address specified at the beginning of these GTC.

Payment by Bank Transfer:

The client receives an order confirmation via email with VO France's bank account details. The purchased products are reserved and packaged. The package is shipped on the day of receiving the transfer, and the Client is notified by email.

5 - Product Information

The products governed by these General Terms are those listed on the VO France website. They are offered as long as stocks last. Products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, VO France cannot be held liable. The product photos are not contractual.

6 - Product Availability and Delivery

a) Conditions

Deliveries are made only in mainland France and Corsica. Shipping fees are complimentary in mainland France and Corsica. For any other destination, within or outside the European Union, please contact us before ordering to arrange free shipping or offer an attractive rate.

b) Availability

Since stocks are updated in real time, the website does not allow customers to order if out of stock.

In the event of a system error, the Client can request a refund or wait for the timeframe provided by customer service. VO France reserves the right to cancel and refund the order if the out-of-stock delay is unreasonable.

c) Transfer of Risk

Delivery is deemed completed when the transporter makes the ordered merchandise available to the Client. This is evidenced by La Poste's confirmation of delivery in the mailbox. VO France assumes the risk during delivery; the Client must check and report any anomaly concerning the physical integrity of the package within 72 hours of delivery.

d) Delivery Methods

Delivery means transferring the physical possession or control of the good to the consumer. It is only made after the seller's banking institution confirms payment.

Ordered products are delivered according to the methods presented on the website.

Products are delivered to the address indicated by the Client on the order form. The Client must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete address will be reshipped at the Client's expense. The Client may request an invoice be sent to the billing address, not the delivery address, by selecting the appropriate option when placing an order on the website.

If the original packaging is damaged, torn, or open at delivery, the Client must check the item's condition. If damaged, the Client must report it by emailing customer service within 72 working hours after the delivery date indicated by La Poste.

e) Delivery Errors

The Client must report any delivery error and/or product non-conformity in nature or quality compared to the order form to VO France within 72 working hours. Any claim made beyond this timeframe will be rejected.

Any claim not made according to the rules above within the given timeframe will not be considered, and VO France will not be held liable to the Client.

Upon receiving the claim, VO France will assign an exchange number to the relevant product(s) and inform the Client via email. An exchange can only occur after assigning an exchange number.

In the event of delivery errors or exchanges, any product to be exchanged or refunded must be returned to VO France in its entirety and in its original packaging to the company's address mentioned at the beginning of these GTC.

The return costs are the responsibility of VO France in this case.

7 - Legal and Commercial Warranty

All our products are guaranteed to be compliant and undergo regular quality checks. If there is any anomaly or malfunction within two years of purchase, the device will be replaced with a new one upon receipt of the affected device.

When the legal compliance warranty is implemented, it is noted that:

- The Client has two years from the product delivery date to take action;

- The Client can choose between repair or replacement, subject to the cost conditions outlined in Article L.217-17 of the Consumer Code;

- The Client is exempt from proving the defect existed within 24 months of the product's delivery.

8 - Right of Withdrawal

a) Withdrawal Period

In accordance with Articles L.221-18 and following of the Consumer Code, the Client has fourteen (14) days to exercise their right of withdrawal, starting from the day after receiving the goods by the Client or a third party.

b) Terms of Exercising the Right of Withdrawal

In accordance with the provisions of Article L.221-18 of the Consumer Code, the Client can exercise their right of withdrawal without having to justify their decision and without incurring other costs besides the return shipping fees.

In accordance with Article L.221-21 of the Consumer Code, the Client will inform VO France of their decision to withdraw by sending an email before the fourteen-day period expires to the address mentioned in the legal notice section of this website, where they express their intent to withdraw.

If the Client's withdrawal is submitted online, VO France will acknowledge the withdrawal via email.

c) Returning Goods by the Client

The Client returns the goods to VO France no later than seven days after notifying them of their withdrawal according to the terms specified on the website.

d) Refund to the Client

- When the right of withdrawal is exercised for one or more goods, VO France is required to refund the Client the full amount paid, including delivery fees, without undue delay and no later than fourteen (14) days.

- VO France may delay the refund until the goods are recovered and inspected. The refund will be made by VO France using the same payment method as the initial transaction by the Client.

- Limits to Refund Eligibility: In addition to the previously stated cases, the Client may be held liable by VO France if:

▪ The goods are damaged due to handling beyond what is necessary to determine the nature, characteristics, and functionality of the goods;

▪ Any damage is caused to the product after the Client receives it and before it is returned;

▪ The goods and accessories are returned incomplete, lacking their packaging, user manual, and documentation;

In such cases, the amount that may be withheld from the Client's refund can reach 100% of the product's price if the product is damaged, 50% of the price if the product is used, and 10% of the price if the user manual or documentation is missing.

9 - Liability

VO France does not guarantee to users that the site, constantly being improved for performance and progress, will be entirely free from errors, defects, or flaws. The site, offered as a standard service and not tailored to any individual user's personal constraints, may not meet specific needs.

VO France does everything possible to ensure continuous access to and proper functioning of the site.

Nevertheless, given the limitations of the Internet, VO France cannot rule out that access to and the functioning of the site may be interrupted in cases such as force majeure, user equipment malfunction, user internet network issues, or maintenance operations intended to improve the site and its features.

Similarly, issues with the hosting provider that impact site accessibility cannot be attributed to VO France.

VO France does not guarantee the absence of technical issues, compatibility with specific configurations and hardware, or timely updates and cannot be held responsible for issues related to using additional software.

As a result, VO France cannot be held liable for any site interruptions, whether intentional or not, but commits to making every effort to limit interruptions attributable to them.

The user expressly agrees that VO France cannot be held liable for direct, indirect, incidental, special, accidental, consequential, or punitive damages, or any profit or revenue losses that the user may incur directly or indirectly related to:

- Access to or use of the Site;

- The inability of the user to access or use the Site;

- Any behavior or content submitted, published, or posted on the Site;

- Unauthorized access to, use of, or alteration of the user's transmissions.

10 - Force Majeure

All circumstances beyond the parties' control preventing the normal execution of their obligations are considered as grounds for exemption from the parties' obligations, resulting in suspension.

The party invoking the above circumstances must immediately notify the other party of their occurrence and disappearance.

Cases considered as force majeure include any irresistible, external, unpredictable, and inevitable event beyond the parties' control that cannot be prevented despite all reasonably possible efforts. Specifically, force majeure or fortuitous events include those usually recognized by French courts: blockage of transportation or supplies, earthquakes, fires, storms, floods, lightning, network outages, or telecommunication network issues unrelated to clients.

The parties will work together to assess the event's impact and agree on how to continue executing the contract. If the force majeure event lasts more than three months, these general conditions can be terminated by the disadvantaged party.

11 - Intellectual Property

The website content (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of intellectual property rights over that content.

Clients agree not to use this content, and any reproduction, whether whole or partial, is strictly prohibited and may constitute an infringement.

12 - Personal Data

To learn more about how we protect your data, please refer to our privacy policy, available at the bottom of this page.

13 - Mediation

The Client may resort to conventional mediation, particularly with the Consumer Mediation Evaluation and Control Commission (CECMC), sectoral mediation bodies, or any other alternative dispute resolution method in case of disagreement.

14 - Applicable Law

These general terms are subject to French law, excluding the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In case of disputes or complaints, the Client will first contact the seller to seek an amicable solution.

15 - Competent Court

In the absence of an amicable agreement, disputes regarding the validity, interpretation, execution, non-execution, interruption, or termination of this contract will be brought before the Commercial Court of Thonon.