General Sales Conditions
1 - Saler Identification
These following General Terms and Conditions describe the rights and obligations of :
VERRETUOSES
Simplified joint stock company with capital of 858.000 €
Headquarters : 50 rue du Val Clair - 51100 REIMS
SIRET : 802 828 319 00029
Intra-community VAT number: FR 92802828319
Phone : +33 9 83 66 28 28
E-mail : contact@verretuoses.fr
2 - Coverage and acceptance of the general terms of sale
2.1 - Purchasing products offered on the website www.verretuoses.fr (ci-après le « Site ») (below the “website”) is subject to these General terms and conditions (below “GTC”)
This website allows to order from VERRETUOSES a selection of the brand VERRETUOSES products. (below the “products”) online from Internet.
2.2 - VERRETUOSES may at any time update the Terms. You can read the current version of the General Terms and Conditions at any time by going to the “General Sales Conditions” section on the left-hand side menu of the website.
The General Terms and Conditions at the time of the conclusion of the Sales Agreement are those which are binding on you.
In addition, with each purchase of Product(s) on the website, you are asked to confirm your acceptance of these Terms and Conditions in effect on the date of placing your order.
To materialize your acceptance, you will have to check the box «I have read the Terms and Conditions and I adhere to them without reservation».
By placing an order, you confirm that you accept the Terms and Conditions that can be viewed and/or printed from our website. Terms and Conditions are available in English and French.
Customers who do not accept the General Terms and Conditions in effect on the order date are free to refuse them and to interrupt the transaction without validating their order.
2.3 - The General Terms and Conditions, the purchase order generated by the payment and the order confirmation that VERRETUOSES then addresses to you constitute the contract (below the “Contract”) between you (below the “Customer”) and VERRETUOSES (below the “Saler”) related to the sale of website’s products. The contract is concluded for the period necessary for the delivery of the products and until the termination of the warranties and obligations under this contract.
The client is a natural person, a legal person or a public body. He guarantees that he is fully entitled to subscribe to the offer offered by VERRETUOSES, and to use the means of payment necessary for this subscription, and that these are not means of payment fraudulently used. He also undertakes that his account is sufficiently provisioned to cover the purchases he makes.
3 - Customer identification and personal data
3.1 - Access to the online sales service can be done using a customer account or only “as a guest”, it is not an obligation to create an account.
3.2 - The customer account allows you to make purchases on the website, to consult the processing, the tracking of orders in progress, to consult the order history, to receive the notices of VERRETUOSES offers, and to have access to your personal data in order to be able to view, modify or delete them.
To create your customer account, you must fill in the form proposed by VERRETUOSES. The following data (but not limited to) are collected by VERRETUOSES: civility, name and surname, date of birth, phone number, contact address, e-mail address, password and delivery and billing address.
By providing us your email address, you consent that the information related to your orders on the website, their execution and tracking, will be sent to you by e-mail.
To create a customer account, you must choose a secure and strictly personal password.
An e-mail will confirm the creation of your account to the e-mail address you communicated before.
To log in to your customer account, you need to enter your email address and your password. If you have lost your password, you can reset it using your e-mail address.
3.3 - The computerized file created by VERRETUOSES for the processing of personal data, collected from you, was the subject of a declaration to the national information science and liberties commission (CNIL).
VERRETUOSES is committed to respect the confidential nature of the personal data collected, to store and use them in compliance with the laws in force in the territories.
These data will be used to :
- Processing, order tracking, after-sales service, and most generally contract execution,
- The management of the customer relationship to inform you of possible commercial operations, with your prior agreement.
These data, when stored form that identifies the data subjects are saved for a period not exceeding the time necessary to achieve the objectives for which they were collected and processed.
VERRETUOSES will also be able to communicate the personal data collected to the partners and service providers in charge of processing and execution, with VERRETUOSES, of the orders as well as of the after-sales service and more generally of the contract.
By filling in the form provided by VERRETUOSES, when creating its account and/or ordering, you can choose to receive commercial offers from VERRETUOSES and or its business partners.
According to the current legislation on the personal data protection, you can at any time exercise your right of access, query, rectify, deletion, and opposition for legitimate reasons in relation to the set of data you consult by logging in to your account on the website.
In the same way, the customer may object, for a legitimate reason, to the processing of his personal data.
He mays also submit a written request to VERRETUOSES by e-mail to contact@verretuoses.fr, quoting the e-mail address linked to the account.
If VERRETUOSES or its assets were to be transferred, the information relating to the customers would be part of the assets transferred.
4 - Order details
4.1 - Each product put on sale on the website is presented on a product sheet that includes one/several photographs and information on the product(s) such as, in particular, the dimensions and the price all taxes included.
The products on sale are those listed and described on the website. All our products are handcrafted on demand, there is no stock.
4.2 - To buy a product you must go to the product sheet and click
« Ajouter au panier ». After adding the product to your “shopping cart”, a window appears which proposes you to continue your purchases or to complete your order.
The products that you have selected, are listed in the “cart” which includes :
- a photograph of each product selected by the customer,
- the product name,
- its unit selling price all taxes included,
- The amount of each product ordered,
- One subtotal per product,
- A total including taxes, excluding packaging and delivery cost
The Customer is asked to check the list and to modify it or accept it by clicking on a «Validate my cart» button. The Customer can change his mind, modify his selection (quantity, colour, etc.) and remove the selected articles.
4.3 - After validation of the detailed overview, the customer is asked to order :
- order without using an account, as a guest,
- by creating an account if it is his first order,
- by using the e-mail address linked to his account if he already owns one.
The customer is invited to review the Terms and Conditions that appear in a window and to confirm that he accepts them by checking a box « I accept the general sales conditions of the online shop » on the delivery and billing address information page.
The customer will not be able to access the next step, namely the payment page, if he has not checked the box« I accept the general sales conditions of the online shop ».
On the payment page, the customer has access to a detailed overview of his order, including a total including taxes with packing and delivery costs, billing, and delivery addresses.
4.4 - The customer that confirm his cart who wishes to pay his order, pay by credit card (Visa, Mastercard, American Express).
4.5 - The order will be considered effective only after confirmation of the agreement of the banking payment centres. Upon receipt of the order by VERRETUOSES and before any confirmation, VERRETUOSES reserves the possibility of refusing it for a legitimate reason, in particular in the event that the products were no longer available or if the customer was in litigation with VERRETUOSES regarding the payment of an order placed previously
When the payment is validated by the bank payment centre and the order is accepted by VERRETUOSES, VERRETUOSES confirms each order by sending to the customer a confirmation email that summarizes :
- order number,
- date of the order,
-billing address and delivery address of the order,
- the product(s) ordered
- total including taxes, including packaging and delivery costs, paid by the customer
- the delivery time.
4.6 - Terms of the orders sent to VERRETUOSES are irrevocable for the customer unless we agree in writing. In this case, VERRETUOSES will not be bound to respect the delivery times initially agreed.
4.7 - VERRETUOSES will keep for 10 years, from the delivery of each Product ordered, the written record that establishes the sales contract concluded with the customer. The customer may obtain a copy of this contract by sending a written request to the address mentioned in Article 1 of the GTC. However, VERRETUOSES recommends that its customers keep the transaction documents.
4.8 - VERRETUOSES own the products until full payment of their price. Shipment of the order will be subject to actual payment of the price.
4.9 - VERRETUOSES controls all orders that have been validated on the website. These checks are intended to protect VERRETUOSES from abusive practices by fraudsters. The services of VERRETUOSES may be required to ask the customer for all the documents necessary for the release of his order: proof of domicile on behalf of the customer, or proof of domicile on behalf of the person indicated for the delivery address, etc. These requests will be made by e-mail.
You can also order by phone at +33 9 83 28 28, from Monday to Friday (excluding public holidays), from 8 am to 7 pm.
Each article on the website is presented on an article sheet which includes a photograph and information on the Article(s) such as, the dimensions and the price including taxes.
The website do not allow special orders to be send, which include the creation of a non-existent product or that no longer exist in the VERRETUOSES collections, or adaptation, or customisation of a product from VERRETUOSES collections, and in the manufacture of the latter by VERRETUOSES. These GTC therefore do not apply to special orders.
For any special orders, please contact us by clicking on « contact us » or by phone on +33 9 83 66 28 28, from Monday to Friday (excluding public holidays), from 8 am to 7 pm.
5 - Product availability
5.1 - Our products offer, and prices are valid as long as they are visible on the website, there is no stock of products, these latter are handmade to order. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same product by several customers. In the event of the unavailability of the product after placing your order, we will inform you by e-mail or by phone as soon as possible, by offering you either to order another product presented on the website as a replacement, or to cancel your order.
VERRETUOSES incurs no liability in case of unavailability of the Products for orders not yet accepted by VERRETUOSES
5.2 - VERRETUOSES reserves the right to change at any time and without prior notice the products offered on the website. In order to ensure a better service quality and availability of our products to all customers of the website, VERRETUOSES reserves the right to limit the quantity of Products that can be purchased by a customer, in accordance with the relevant provisions and in particular those of Article L121-11 of the French Consumer Code. In case of refusal of the Customer or lack of response within 7 days, the order will be cancelled in its entirety and VERRETUOSES will refund to the customer the selling price and the costs of packaging and delivery of the items originally ordered.
6 - Product compliance
6.1 - VERRETUOSES do its best efforts to ensure that the photographic representation of the products on each product sheet is as accurate as possible the perception that a customer might have in our art workshop.
6.2 - However due to the technical constraints associated with the online presentation and photography of glass product which has many reflections, it is possible that the perception of a product by the customer connected to the website does not exactly correspond to what he would have had in the presence of the product, particularly as regards the colours.
The customer is informed that the Products are entirely handmade by our craftsmen. The number of manipulations of the tile inevitably do a certain variability and imperfections in the form of shades of colours, small bubbles in the glass and on the surface, fine scratches, and differences in thickness +/- 1 mm. These small imperfections are proof of a craftsmanship.
6.3 - VERRETUOSES cannot be held responsible for the reception and storage of the tiles by the customer. It will be necessary to ensure, that the laying is done in the rules of the art by a craftsman who will judge himself of the means to be implemented. The implementation of our products is under the full responsibility of the Buyer. The company VERRETUOSES would not be questioned. It is therefore responsible for the consequences resulting from this use. It is up to it to choose the qualities of the products that suit the destination it intends to give them. It is notably informed that our tiles are not certified with any qualification (UPEC standard for example).
7 - Price – Payment
7.1 - The prices of the products are indicated in Euros, including taxes, excluding packaging and delivery costs and any customs duties applicable on the day of the order. Any change in the rate may be passed on to the price of the items proposed by the Seller.
The packaging and delivery costs are indicated if possible, to the Customer on the overview submitted for its approval before the validation of its order. Their amount depends on the physical characteristics of the product ordered and the country of delivery chosen by the customer. The customs charges will be borne by the Customer.
7.2 - VERRETUOSES reserves the right to modify its sales prices at any time, it being specified that the price accepted by the Customer during the validation of his order is firm and definitive.
7.3 - Except in the case of refunds made (i) as part of the exercise of the right to withdrawal or for (ii) lack of conformity and hidden defects, VERRETUOSES will not refund the VAT applied on the purchases made on the website (even if the buyer, after receipt, forwards the Products to a third country in the European Union).
7.4 - VERRETUOSES reserves the right to modify at any time and without prior notice the prices of the products offered on the website. The products are invoiced based on the prices displayed on the website at the time of sending your order, subject to the acceptance of the order by VERRETUOSES.
7.5 - All orders are payable in Euros and must be paid immediately at the time of sending your order. In case of impossibility to manufacture certain products ordered (refer to Article 5 "Product availability"), only the price and transport costs relating to the available products for manufacture will be debited.
7.6 - The customer pays in Euros by Visa®, MasterCard® and American Express®.
The customer warrants that he is not subject to any prohibition and that he is authorized to use the card for the payment of his order and this means that payment gives access to sufficient funds to ensure the payment of the order.
7.7 - Transactions made on the website are secured by the Ogone payment system (www.ogone.com). All information exchanged to process the payment is encrypted using the Secure Socket Layer (SSL) protocol. This data cannot be detected, intercepted, or used by third parties. This information is recorded only on the servers of the institution used for the transaction.
In addition, all purchases made on the website comply with the 3D Secure standard. 3D Secure is a program created by international issuers Visa (Verified By Visa), Mastercard (Mastercard Secure Code) and American Express (American Express Safekey) to enhance online payment security. This program is based on the implementation of an additional control during an online purchase: in addition to the banking data, the customer is asked to enter a personal data allowing his bank to identify and validate the transaction.
If the transaction cannot be debited, the sale of the selected items would be resolved immediately, and the order would be cancelled.
8 - Title retention
8.1 - The products ordered remain the property of VERRETUOSES until the full collection of the price by VERRETUOSES.
8.2 - However, you assume the risks (notably loss, theft, or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.
9 - Terms of delivery and withdrawal at the art workshop
9.1 - The products purchased will be shipped to the delivery address indicated by the Customer. For delivery purposes, the customer completes the form proposed by VERRETUOSES to collect the following data: title, name and surname, telephone, delivery address, postal code city and country.
For security reasons, VERRETUOSES will not process any order for which a PO box is provided.
The Products are shipped to the delivery address you indicated during the order process.
9.2 - The Customer will be notified of the dispatch of his order by e-mail. For all orders delivered in Metropolitan France (including Corsica), the Customer will be informed of the follow-up of its delivery by the logistics provider TNT.
In the same way, in case of absence during the delivery, the carrier will notify the Customer by an email, an SMS or a notice of passage, of the address of the drop-off point at which the Customer may go to collect the parcel.
9.3 - VERRETUOSES wishes to bring full satisfaction to its customers but remains however dependent on its artisanal manufacturing capacity. In fact, the manufacture of a tile often requires several days of manufacture related to the number of cooking.
Our delivery times are given for information purposes, depending on the availability of the goods and the order of arrival of the orders.
Delivery delays cannot give rise to any penalty or compensation, nor can they justify the cancellation of the order.
If, however, 1 month after the planned indicative delivery date, the goods had not been delivered, for any reason other than a case of force majeure, the sale may then be resolved by operation of law at the request of either party, by e-mail or post with acknowledgement of receipt. The customer can then obtain restitution of the payment of his order to the exclusion of any other compensation or damages. In this case, VERRETUOSES will refund to the customer the amount including tax of its order within 14 days of receipt of the request for cancellation of the order.
The terms of the orders sent to VERRETUOSES are irrevocable for the customer unless we agree in writing. In this case, VERRETUOSES will not be bound to respect the delivery times initially agreed.
In any event, VERRETUOSES shall not incur any liability in the event of non-performance or delay in the performance of any of its obligations by the carrier if the latter results from a fact beyond its control and which escapes its control.
In the case of a duplicate receipt of the product following its return by VERRETUOSES, the customer undertakes to refuse the package to the carrier or to return it at its own expense.
In both cases, VERRETUOSES reserves the right to ask the customer to sign a declaration on the honour of not receiving its order.
9.4 - The delivery is deemed to have been made as soon as the products(s) ordered by the carrier are made available and materialised by the customer’s signature of a delivery note or receipt. The delivery is also materialized by the signature of a delivery note or receipt by a close friend of the customer (including but not limited to his wife, spouse, children, parents) or by a guardian, or a neighbour of the customer.
If no one is present on site at the time of delivery, or if the delivery could not take place due to inaccuracies in the conditions of accessibility, the costs of the new delivery will be borne by the customer and payable before the new delivery.
The products always travel at the customer’s own risk regardless of the means of transport used or the methods of payment of the transport price. The transport even carried out by us is always deemed by order and on behalf of the customer. The price of transportation does not include any type of insurance.
In fact the reception is the responsibility of the customer, he must check the condition of the packaging as well as the product(s) upon delivery and make any reservations and claims that would prove necessary and/or refuse the package if it has been opened or if it shows signs of significant damage and note on the carrier’s receipt all the observations noted (breaks, bad pallet, torn boxes...).
9.5 - These reservations or complaints must be made in writing on the delivery note or receipt and must be communicated as soon as possible to VERRETUOSES, with indication of the order reference of the customer. These provisions apply without prejudice to the provisions of Article 10 of the GTC relating to the customer’s right of withdrawal.
All claims for damage or non-compliance must be made to VERRETUOSES and the carrier by registered letter within 3 days from the date of delivery. Warning: the simple mention "subject to unpacking" has no value and does not cover any damage found later. The reservation expressed in writing must be precise and detailed regarding the apparent damage.
The unloading of the goods is the responsibility of the customer as well as the transport to the site where they will be implemented. In addition, VERRETUOSES would not be held responsible for the reception and storage of the products by the customer.
9.6 - Withdrawal in our art workshop
You can withdraw your order made on the website in our art workshop.
You can designate another person to pick up your order in our workshop.
As part of a direct delivery, the delivery will be the subject of the issuance of a delivery note with the signature of both parties.
10 - Withdrawal right - Return terms
10.1 - In accordance with the provisions of articles L.121-21 and following of the French Consumer Code, non-professional natural persons, and ordering "out of establishment" have a period of fourteen clear days running from the receipt of the items ordered to exercise their right of withdrawal without having to justify any reason, or to pay penalties, with the exception of the costs of return that remain at their expense.
10.2 - The transport of the Products thus returned is your responsibility; any damage suffered by the products on this occasion being of such nature, as recalled below, to prevent the exercise of the withdrawal right.
We advise you to take out the insurance offered by your carrier. VERRETUOSES will not be liable in case of loss, sending to a wrong address or the delay of delivery of a product that you wish to return to the Site, insofar as the risks of the transport that you choose and initiate depend on you alone.
10.3 - Prior to the return of the product(s) and within the deadlines, the customer will indicate his intention to exercise his withdrawal right to VERRETUOSES, by e-mail, indicating his name, his first name, his order reference, their telephone number and e-mail address.
10.4 - As part of the exercise of the withdrawal right, the products must be returned in their original condition and packaging allowing their return for sale, accompanied by their purchase invoice or a copy in case of partial return. Damaged products in any way soiled and/or incomplete will not be taken back and will not give rise to reimbursement.
10.5 - However, in accordance with the provisions of Article L.121-21-8 3° of the French Consumer Code, the withdrawal right cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized, which is the case of the products for Sale.
10.6 - Gifts ordered from the website verretuoses.fr
Third party recipients of gifts ordered from the website may return the products via the return procedure to the website. But only the customer who bought the gift will be able to ask for the refund under the withdrawal right (insofar as only the bank account of the person who ordered the product can be recredited).
11 - Legal warranties
11.1 - The products sold by VERRETUOSES are subject to the conditions of legal warranties provided for in articles L217-4 to L217-14 of the French Consumer Code and by articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties.
11.2 - Legal warranty of conformity - VERRETUOSES will deliver you a product that complies with the contract and is free of defects of conformity upon delivery of the said product, in the sense that the product will be suitable for the usual use of a similar good and will display the characteristics presented at the time of sale. VERRETUOSES shall also be liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been put at its charge by the contract or has been carried out under its responsibility. This warranty will only apply if you ask for it within two years of the delivery of the property. Defects of conformity which appear within a period of six (6) months (legally extended to twenty-four (24) months from 18 March 2016) from the date of delivery shall be presumed to exist at the time of delivery, unless proven otherwise.
You can choose between repairing and replacing the product unless one of these choices results in a clearly disproportionate cost for VERRETUOSES. If the repair or replacement of the product is not possible, you may have the price paid returned to you and return the product or keep the product and have part of the price returned to you, unless the lack of conformity is minor. The return, replacement or refund of the product will be made at no cost to you and will not preclude the possible award of damages if you are entitled to them.
11.3 - Legal warranty of hidden defects - VERRETUOSES will give you a product free of hidden defects that would make it unsuitable for the use to which it is intended, or that reduce this use so much, that you would not have acquired it, or would have given it only a lower price, if you’d known them. This guarantee will only be effective if you make the request within two (2) years of the discovery of the defect.
In the event of a hidden defect, you will have the choice to return the product and have the price and costs incurred by the sale returned to you or to keep the product and have a part of the price returned to you. In any case, it will be up to you to prove that you meet the conditions of the guarantee.
11.4 - In case of non-compliance and hidden defects you must return the Products to us at the address indicated in article 1 of the GTC.
11.5 - Products or services modified, repaired, integrated, or added by the customer or any other person not authorized by the supplier of the said product or service are excluded from warranty. The guarantee will not play for apparent defects. The warranty will not cover damaged products during transport or misuse or non-compliance with safety instructions or the user manual. Tiles laid and glued, having undergone a transformation, may not be the subject of a complaint. The pose is the acceptance of the goods. We never visit a customer to see any issues or compliance issues.
12 - After-sales service and spare parts availability
Most of our products are not repairable due to the complexity of glass manufacturing techniques. In case your Product has one or more spare parts VERRETUOSES will nevertheless make its best efforts to help you find this part(s).
13 - Intellectual property
13.1 - The “VERRETUOSES” trademark and all intellectual property rights that may be attached to the VERRETUOSES products and the website (such as designs, images, texts and logos), whether or not they are registered, (the “Intellectual Property Rights”) are and will remain the exclusive property of VERRETUOSES.
In general, the customer shall not directly or indirectly infringe these Intellectual Property Rights.
The customer shall refrain in particular from reproducing, representing, distributing, using, operating or modifying, in whole or in part, on any medium whatsoever, the products of VERRETUOSES.
In general, the customer shall not reproduce, imitate, represent, distribute, use, exploit or modify, in whole or in part, on any medium whatsoever, the Intellectual Property Rights of VERRETUOSES their reproduction or representation in whole or in part, without the prior written permission of VERRETUOSES, is an infringement which commits the civil and criminal liability of its author.
The General Conditions do not imply any assignment of Intellectual Property Rights.
13.2 - No link directly to the website may be placed on another website without the prior written permission of VERRETUOSES.
The website may contain hypertext links to various websites operated by other companies and set up with the permission of VERRETUOSES. However, VERRETUOSES does not have the possibility to verify the contents of these sites and will therefore assume no responsibility for this fact. Access and use of these sites are the sole responsibility of the user.
14 - Cookies
14.1 - VERRETUOSES uses cookies and pixel tags to identify and understand customers' preferences with the aim of improving the quality of services as well as the navigation of the website. A cookie is a block of data that does not identify the user but is used to record information about the user’s navigation on the website. There are two categories of cookies on the Site:
- Functional: these cookies are necessary for the basic functionality of the site and are therefore always enabled. These cookies make it possible to recognize a customer when he returns to the site. They also facilitate the payment process with the various security steps.
- Performance: These cookies allow VERRETUOSES to improve the advanced functionalities of the website. In some cases, these cookies improve the speed of the website or allow you to remember the references selected by the customer. The refusal to install these cookies may affect the performance of the website.
The customer’s agreement on the use of cookies will remain valid for a period that cannot exceed 13 months. By browsing the website with a browser configured to accept cookies, the customer will be deemed to accept the website’s cookies.
The cookie is under the control of the user who has the possibility to disable its use by following the instructions given by its browser software. These instructions are usually found in the Tools or Options menu of the navigation software. In any case, the process of deactivating cookies is indicated in the help section of the navigation software.
For more information on the Cookie Policy : http://www.allaboutcookies.org/fr/
14.2 - The various cookies that you can find are those used by the website, in particular to store the information in the basket and the profile of the logged-in user (if applicable).
You will also find third-party cookies, such as GOOGLE Analytics, which monitors the traffic and behaviour of visitors to the website, which allows us to know the number of visitors to the pages. In addition, Google Analytics can now use the data collected via Google’s marketing and advertising network (as described below). No user will be personally identifiable, but this service will collect information about sex, age, and areas of interest, if any. In addition, cookies are installed for when sharing content on social networks. Finally, third party cookies are used to better understand the interests and uses of our users, these cookies allow us to display advertisements on third party websites based on the interests and sessions of use of customers, this technique is called “remarketing”. This technology does not use private data such as email address, mailing address or customers' phone number.
14.3 – You can manage cookies from the navigation software configuration. The help menu of the browser tells you how to change the cookie wishes. More information on the features to disable can be found under these links :
15 - Liability and litigation limitation
15.1 - Under no circumstances may VERRETUOSES be held liable for any damage that does not result from a failure by VERRETUOSES to fulfil any of its obligations. VERRETUOSES shall not incur any liability for the total or partial non-performance of an order in the event of force majeure, customer’s fault, payment incident or unforeseeable and insurmountable fact of a third party.
Similarly, VERRETUOSES cannot be held liable for any damage inherent to the use of the Internet, such as, in particular, a breakdown of service, data loss, external intrusion or the presence of viruses.
In case of non-compliance by the customer with the obligations under the General Terms and Conditions, the communication of inaccurate information, any incident of payment and/or fraudulent use of a payment card, VERRETUOSES reserves the right to close its account and cancel any order in progress, without prejudice to any claim for damages.
VERRETUOSES also reserves the right to refuse any order from a customer with whom such a litigation would exist.
15.2 - VERRETUOSES shall keep the computerised records in its computer systems under reasonable conditions of security. The customer expressly accepts and acknowledges that the messages sent by e-mail, the log files hosted on the servers of VERRETUOSES or its technical service providers, the statistical data generated and communicated by VERRETUOSES, shall have the same evidentiary value as paper copies, letters and documents sent by mail, unless a registered letter with acknowledgement of receipt is expressly required.
15.3 - These Terms and Conditions are governed by and interpreted in accordance with French law. However, pursuant to Regulation EC 593/2008 of 17 June 2008, these general sales terms and conditions do not preclude the application of a more favourable provision to the customer, which cannot be waived by agreement, under the law of the country in which the customer is habitually resident.
In the event of a litigation, the Customer may submit a complaint to VERRETUOSES by e-mail or to the postal address mentioned in article 1 of the General Terms and Conditions, to seek an amicable solution.
In the absence of an amicable solution, and if, despite the vigilance of VERRETUOSES, the dispute remained,
In the event of a litigation related to the application and/or interpretation of these Terms and Conditions, the consumer has the possibility of resorting to a conventional mediation procedure or any other alternative litigation resolution procedure. Pursuant to Order No. 2015-1033 of 20 August 2015 and Implementing Decree No. 2015-1382 of 30 October 2015, any litigation referred to as a consumer dispute, subject to Article L612-2 of the French Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP – “Centre de Médiation et d'Arbitrage de Paris”.
To submit a dispute to the mediator, the customer can (i) fill out the form on the CMAP website : www.cmap.fr “You are a consumer” tab (ii) send the request by simple or registered mail to the CMAP Mediation Consumption, 39 Franklin D. Roosevelt Avenue, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the means used to enter the CMAP, the customer’s request must contain the following elements to be processed quickly : his postal, email and telephone contact details as well as the full name and address of VERRETUOSES, a brief statement of the facts, and proof of the previous steps with VERRETUOSES.
In the event of a litigation related to the execution of an order, if you are an end consumer natural person, you have the possibility to resort free of charge to a conventional mediation procedure or any other alternative dispute resolution procedure. You can, if you wish, use the online dispute resolution service proposed by the European Commission pursuant to Article 14 of Regulation (EU) No 524/2013. This platform is available at https://webgate.ec.europa.eu/odr/. The use of mediation is an alternative mechanism that is not a prerequisite for the exercise of a legal action.
15.4 - Disputes between VERRETUOSES and the customer, whatever their nature, do not give the customer the right to suspend payments. This Agreement is governed by French law. In the event of disputes, the parties undertake to do their utmost to settle their litigation amicably. In the event of a dispute, the competent Court of First Instance shall have jurisdiction under the jurisdiction of the TGI of Reims alone, regardless of the nature, cause or place of the dispute, and regardless of the special conditions of sale, even in the case of an appeal for security or a plurality of defendants. If one or more clauses herein become null and void for any reason whatsoever, this shall in no case affect the validity of the other clauses, which they shall remain applicable.