General conditions of sale for Vegdyes.eu

Terms and conditions

 

Last update on 01.10.2014. The present general conditions of sale govern all relations between the website www.vegdyes.eu , which belongs to the company SCRD, Simplified Stock company with a capital of 1.350.000 euros, head office located 201, rue Louis Blériot 76620 Le Havre, registered in the R.C.S of Le Havre under the number 31964217900018, VAT number : FR 69319642179, and its customers or contacts.

 

E-mail contact address, through the website page : contact

 

Customer Service telephone number : + 33 2 35 19 66 20

 

Before any transaction, the customer recognises having read and understood them and expressly declares accepting them once he has clicked on the button " I accept ".

 

PREAMBLE

Vegdyes is specialized in selling plant extracts on the internet. Vegdyes sells its products via its Web site www.vegdyes.eu. Vegdyes does not possess a store apart from its web site. The Site is accessible by the Customer 24 hours a day, 7 days a week and all year long except in case of maintenance operations.

 

1. PURPOSE

The General Conditions of Sale aim to describe the e-commerce modalities for the sale of goods and services between Vegdyes and the Customer. They fully express the obligations and the rights of the Parts. The Customer has the possibility to save andor print them.

 

2. GENERALITIES

2.1 Full legal capacity of the Customer :

The Customer has to be a representative of a legal entity, having the authorization to engage himself at the date of the validation of his order.

By clicking the website icon " Pay my order ", the Customer recognizes he has the full legal capacity to make a commitment in conformance with the General Conditions of Sale.

2.2 Customer password identification :

During the first order and to personalize his environment, an identifier and a password of at least six alphanumeric characters must be created by the Customer. A control of uniqueness and identifier is then made by the system. In case of loss of the password, the Customer can click the on the section " my account " and key his e-mail address. The Customer will receive his password at his e-mail address.

This password is not used or directly involved in any payment process.

This password, strictly confidential will be asked to the Customer for every transaction. The Customer is sole responsible for its use.

 

2.3 Scope of application, opposability and duration of the General Conditions of Sale :

The Customer recognizes having read and understood the General Conditions of Sale and expressly declares he accepts them. This acceptance will be given for each order, since the Customer will check the box " I agree to the terms of service and will adhere to them unconditionally ".

This way, the Customer accepts without reserve the completeness and exclusivity of these General Conditions of Sale.

The General Conditions of Sale are the ones present on the Site at the date of the validation of the order by the Customer.

The General Conditions of Sale are valid for duration necessary for the time of the supply of goods and services and until the extinction of their guarantees.

The fact that Vegdyes does not take advantage at some point of one or more of the General Conditions of Sale clauses, cannot be interpreted as a renunciation to take advantage later of any of the aforementioned Clauses.

2.4 Proof : except contrary proof brought by the Customer, the automatic recording systems of Vegdyes are considered as being worth proof of the nature, the contents and the date of the sales contract.

 

2.5 Modification of the General Conditions of Sale :

Vegdyes has the possibility of adapting or modifying, at any time, the General Conditions of Sale. The modifications will be applied to every order posterior to the publication on line of the new Clauses. So, the Customer is invited to consult the website regularly to be held informed about the most recent evolutions.

 

3. PRODUCTS AND PRICES CHARACTERISTICS

3.1 Consultation of products and services characteristics :

Vegdyes presents on its website products and services as well as their detailed descriptions, allowing the Customer to know their essential characteristics before placing an order.

The customer understands and accepts without reserve, any particular conditions of sale stated on screen (name, prices), components, weight, quantity, particularities of products, cost of the services and usage limitations for certain categories of products.

 

3.2 Products availability / Offer validity :

The offer of products and the prices appearing on the website are valid as long as they are visible and available (= presence of the button " add to cart ") on the website. An unavailable product is indicated as such.

It is nevertheless specified that the simple fact of adding a product in the cart doesn’t mean that the order has been validated. In other words, the product can become unavailable between the moment of the addition in the cart and the validation of the order by the Customer.

Vegdyes will do all its efforts to insure the availability of the whole range of products and proposed services.

 

3.3 PRICES :

The prices for products and services displayed on the website are indicated in Euro Exclusive of Tax. The French VAT applies only to the customers registered in France. They are applicable at the moment of the order validation by the Customer. They include the shipment costs within the EU.

The product prices do not include the communication expenses linked to the use of the website.

Any change of the VAT legal rate will be applied to the tax inclusive price shown on the Site, at the date stipulated by the official application decree.

Intra-EU VAT, art 262 ter-I of the French CGI

 

4. ORDER

4.1 Section " My account "

4.1.1 Creating the account :

In order to purchase on the website, the Customer has first to create a customer account. This must be done :

* before any purchase, by clicking the link " Create your account " appearing at the website page top,

* Or at the time of defining the delivery address, before processing the order

To create his account, the Customer has to key his e-mail address and a password. These elements are confidential. The Customer will be sole responsible for consequences of the use of his account up to its deactivation.

More information will be asked to the Customer to complete his registration (name of the company, civility, first name, name, exact shipping address, zip code, VAT number in the customer’s country of registration) The Customer commits to give real and sincere information and to inform Vegdyes through the website page :  contact of any change concerning this information. A summary of the supplied information is shown to the Customer and a confirmation e-mail will be sent to him.

This information is necessary for the order processing and for the commercial relation between Vegdyes and the Customer. Consequently, the refusal to supply mandatory information cannot lead to the creation of a customer account.

Vegdyes is not responsible for possible typing errors and their resulting consequences, such as a delay andor a wrong delivery. In this context, all expenses incurred for order forwarding will be completely chargeable to the Customer.

 

4.1.2 Use of the account

The history of the transactions between Vegdyes and the Customer is available for consultation at any time on the website in the section "my account". The Customer will have access to his purchasing history, during 6 months, directly on the website.

Vegdyes can provide, at any time, the customer with a copy of this contract, through the website page : contact .

4.1.3 Deactivation of the account

In case of disregard of the General Conditions of Sale by the Customer or customer fraud, Vegdyes has the right to deactivate, by rights, without compensation, the customer account.

The Customer who wishes to deactivate his account will let it known to Vegdyes by e-mail , through the website page : contact , or by registered letter with acknowledgement of receipt sent in Customer services - Vegdyes / SCRD, 201, rue Louis Blériot 76620 Le Havre, France.

Vegdyes makes a commitment to deactivate the account in a maximum deadline of 7 days from the reception of this mail.

4.2. Order validation by the Customer

The Customer places his order according to the indications appearing on the website. The Customer then confirms the summary with a "click" on the icon "I accept". Orders cannot be processed if not validated this way. So, the simple fact of adding a product in the basket does not mean that the order has been validated.

Vegdyes advises the Customer to preserve a track of the data relative to its order on paper support or on a reliable IT support.

 

4.3. Order confirmation by Vegdyes

Vegdyes acknowledges the Customer order by sending a first automatic e-mail. The sale contract will be concluded only when a second e-mail is sent, after payment validation and shipment is completed. This e-mail will include a summary of all the information which the Customer will have communicated. In particular:

  • the essential characteristics of the product ordered,
  • the price Excl. VAT and Incl. VAT,
  • if necessary, the difficulties or reserves concerning this order.

 

Vegdyes keeps the possibility of not confirming the order, particularly in case of payment authorization failure by the officially accredited bodies either in case of previous order non-payment or dispute in the course of administration, in case of problem concerning the order delivery, in case of incomplete order, of predictable problem concerning the supply of the product, or in the instance of an engaged procedure to withdraw one or some of the ordered products. Vegdyes will inform the Customer about it by e-mail.

The absence of order confirmation by Vegdyes within 6 working days is not worth confirmation and acceptance of the order.

 

 

5. PAYMENT

At no time, the transferred sums will be considered as deposits or advances.

 

5.1. Means of payment

5.2. Credit / Debit cards / PayPal

Vegdyes accepts Visa and Mastercard credit cards, as well as the payment via a PayPal account. The pre-payment of the order will be made at the time of the order validation by the Customer.

 

5.3. Non-payment

The Customer guarantees Vegdyes that the used means of payment is of current validity and does not result from a fraudulent operation.

In the case of an order which has not been settled by the Customer, totally or partially, Vegdyes will inform the Customer about it by e-mail and ask him to address the problem.

If there is a lack of answer, or solution, within fifteen ( 15 ) days, Vegdyes reserves the right to refuse to honour an order, to cancel all the current orders or to suspend the Customer account.

Vegdyes will have the right to suspend any order or any delivery in case of refusal of authorization of payment by the bank.

5.4. Means of payment securisation system

All the banking transactions are made on Vegdyes’ banking partners payment system platform. Vegdyes uses the SSL protocol (Secure Sockets Layer) and is engaged in the 3D Secure security payment system with its banking partners, in order to protect all the data linked to personal information and to payment means.

The financial information (card number and expiry date) keyed during the final step of the ordering process does, at no time, transit through, or is stored in Vegdyes servers.

In order to increase furthermore the security, the Customer will have to communicate to the bank’s on-line payment platform this information with every new order.

5.5. Invoice

The invoice is established for every shipment. It is available on the website.

The Customer can download it and / or of print it, or ask the Customer Service for a paper printing of his invoice (through the website page contact .

 

6. DELIVERY

6.1. General points

Products are delivered to the delivery address indicated by the Customer during the order processing. The Customer thus makes a commitment to receive products at the address indicated on the order form.

It is up to the Customer to verify the exactness of the information keyed before the order validation (name, street number, floor, etc.). In case of error in the address description (in particular, name, number and street name, zip code, city, phone number, e-mail address), Vegdyes would be not considered responsible for the impossibility to deliver the order.

The delivery of the order is made by a logistics supplier (hereafter mentioned the "Deliverer").

The entire order is delivered at the same time. Vegdyes has nevertheless the possibility of splitting the order in several shipments without additional cost for the Customer. If the fractioning is requested by the Customer, the postal charges for every shipment will be at his expense.

 

6.2. Conditions of delivery

The Customer will have to take all the necessary precautions so that the Deliverer can hand the order to him, and so that the Customer can receive it.

The Customer agrees to give evidence of his identity by one or several current official documents, and by communicating if need be, the number attributed by the system to his order and which was communicated in the e-mail order confirmation.

If the Customer is unable to receive in person order, he/she will have to appoint, to represent him, a third party.

 

No complaint concerning the parcel delivery can be accepted if the above conditions are not respected by the Customer.

 

Vegdyes reserves the right not to follow up an order coming from a Customer who could not justify his delivery address on simple request of Customer services or of the Deliverer.

As of the presentation of the parcel by the Deliverer at the indicated address, Vegdyes has performed its obligation of delivery. Vegdyes therefore declines any responsibility in case of loss or of later theft.

6.3. Reception of products

The Customer makes a commitment to sign the delivery slip presented by the Deliverer to whom he can mention any precise and concise handwritten reserve, concerning the delivered products. The Customer will have to verify, for example, if the products are damaged or missing. Vegdyes recommends the Customer to state his refusal or comments on the delivery slip or the transportation receipt.

By signing the delivery slip, withheld by the Deliverer, the Customer recognizes he has received the correct number of delivered parcels.

In case of dispute, original packaging must be kept until resolution of the dispute. Vegdyes recommends the Customer to inform Customer services (through the website page : contact ) about it, in a maximum deadline of 48 hours after the delivery.

The Deliverer may mandate an expert, in order to validate or not the conformity of the order.

 

In case of incident arisen during the delivery, the Customer has to contact Vegdyes’ Customer services in the presence of the Deliverer, to indicate the damages arisen during the delivery. The Customer will then, within 48 hours, confirm the incident by e-mail, through the website page : contact . After this period, no complaint can be taken into account. Vegdyes’ Quality Department will then get in touch with the Customer to establish possible modalities of damage repair.

Vegdyes makes a commitment to bring an answer to any request or complaint within a maximum period of 10 days from the date of reception.

The return of the goods to Vegdyes can only take place after written approval. Vegdyes will never have to indemnify a more important sum than the value charged for the goods, about which the complaint has arisen.

It is specified that the possible dispute can be directly managed by the Deliverer, who, in that case, will take directly contact with the Customer.

 

6.4. Delivery time

Vegdyes will operate its best efforts to ship the goods as soon as possible after order validation.

In case of delay in delivery, Vegdyes suggests the Customer to inform his supplier about the delay. He should contact Customer Service, in order to agree together on the best solution.

If one or several ordered products were not available any more at this moment, Vegdyes would pay the Customer back for the amount concerned by the loss of products by the Deliverer and the amount of postal charges.

IMPORTANT - It is reminded that products will be delivered with a not valued Delivery slip (the invoice is available on the website).

 

7. PROPERTY RESERVE AND TRANSFER OF THE RISKS

The products which will be delivered and charged to the Customer will remain the property of Vegdyes up to the complete payment of their price. The non-payment can involve the products’ withdrawal by Vegdyes. These restrictions do not put obstacle, from the delivery time, to the transfer to the Customer of the risks of loss or deterioration of products as well as damage which they could cause.

8. WARRANTY

Vegdyes makes a commitment to send the Customer the good in compliance with his demand. The Customer benefits from the legal guarantee of conformity and from the latent defects on the sold products.

9. CUSTOMER RELATIONSHIP

For any question, information or complaint, Vegdyes’ Customer service is at the Customer’s disposal :

· By e-mail : through the website page : contact .

· By mail at the following address: Vegdyes / SCRD, 201, rue Louis Blériot 76620 Le Havre, France.

 

10. PRIVACY STATEMENT

10.1. CNIL Declaration

According to the French Law (Data protection Act of January 6th, 1978), Vegdyes has declared its nominative file IT National Commission for Liberties (CNIL). By virtue of this law, the Customer benefits from a right of access, rectification or opposition on the data collected, which concerns him/her. This right can be exercised on the Site or by mail sent to Vegdyes, at the following address: Vegdyes / SCRD, 201, rue Louis Blériot 76620 Le Havre, France.

10.2. Use of the personal data

By using Vegdyes.com website, the Customer grants the use by Vegdyes of the keyed particulars concerning him/her and the data collected via the navigation on the website. These data are necessary so that Vegdyes can handle the Customer orders and supply the various proposed services. The Customer can, according to one or several chosen options, accept that Vegdyes:

  • Option 1: can send him information and promotional offers of Vegdyes.com,
  • Option 2: pass on his e-mail address to partners selected by Vegdyes to purposes of commercial prospecting.

The use of these data by these third parties will be made according to their own conditions of use which it is up to the Customer to accept. Vegdyes would not be responsible for the use by these third parties of the data so passed on according to the Customer’s authorization.

At any time the Customer can modify his authorizations in section " my account " or by contacting by e-mailing Customer services. The Customer can cancel a newsletter subscription or refuse any commercial requests by clicking the unsubscription link present on the message.

Vegdyes collects, via the site, information concerning in particular the purchases of the Customer and the pages of the Site which interest him/her most. This enables the establishment of analyses allowing offer adaptation and personalization.

 

10.3. Cookies

The site vegdyes.eu does not implement cookies on the computer of the Internet user allowing to register data on its navigation or any other information, but only cookies intended to protect the content of his/her basket and recognize the user during next visit. The Internet user can refuse these cookies, at any time, via the parameter settings of his browser.

 

 

11. INTELLECTUAL PROPERTY

Any deterioration, as well as, in the absence of authorization, any reproduction, download, copy, modification, commercial, total or partial use, of any element of the Site (in particular the editorial contents and the photos) is forbidden and exposes his/her authors to legal proceedings. The General Conditions of Sale authorize on no account the reproduction, the modification or the commercial use of any element on the Site.

 

12. RESPONSIBILITY

12.1. General points

The detailed Technical Data Sheet of the product is the only contractual source.

12.2. Functioning and use of the website

Vegdyes will do its best regarding the functioning and the continuity of the Site.

 

Vegdyes can be on no account be responsible :

-      Regarding access speed to the Site, opening and consultation speed of the Site pages, external slow-down, suspension or inaccessibility of the service, or fraudulent use by third parties of any information displayed on the Site.

-      For facts due to a case of absolute necessity, such as defined in article 13, breakdowns, technical problems concerning hardware or software, involving, if necessary, the suspension or the cessation of the service.

-      If the service proposed by the Site turns out to be incompatible or generator of malfunctions with certain softwares, configurations, operating systems or equipments of the Customer.

 

The Customer is sole responsible for the use which he makes of the service and cannot hold Vegdyes responsible for any complaint andor proceeding filed against him/her. The Customer commits to deal personally with any complaint andor proceeding formed against Vegdyes and which could be connected with his use of the service.

 

Vegdyes reserves the right to bring to its services all the modifications and the improvements considered necessary or useful and will not be responsible for damage of any kind, which could arise as a consequence.

Besides, Vegdyes reserves the right, without advance notice nor compensation, to stop temporarily or definitively a service or all the services offered on the Site. Vegdyes will not be responsible for damage of any kind which could arise as a consequence.

 

12.3. External link

The website contains hypertext links leading towards other web sites. Vegdyes takes no commitment concerning these other web sites, which the Customer could access via the Site, and is responsible in no way for the contents, the functioning and the access to these sites.

 

12.4. Illicit contents / Good customs

Any action of the Customer aiming at restricting or preventing another customer from using the Site is strictly forbidden.

 

Vegdyes reminds that the Customer can use the Site only in legal purposes and that it is forbidden for him to publish on the Site any illicit, harmful, slanderous, pornographic, resentful, racist element or otherwise constituting an infringement on the human dignity. In case Vegdyes is informed about the presence of illicit contents on the website, it would be entitled to delete at once these contents. Vegdyes reserves the possibility of taking all the necessary measures, in order to have its rights respected. Vegdyes is entitled to make an electronic surveillance of the posted documents and the public zones of the Site to verify their conformity with the requirements above.

It is also forbidden to collect or to store personal information on other Vegdyes customers.

 

13. FORCE MAJEURE

Force majeure events are those which are unpredictable, irresistible and external to the company. They make impossible, in an absolute way, the execution of the sale contract in the planned conditions.

All force majeure events, as defined by the regulations and the Law, are a cause of suspension or extinction of the obligations of Vegdyes, if the event goes on beyond one (1) month. Vegdyes cannot be held responsible of the non-fulfilment of the contract concluded, in case of emergence of one of the above-mentioned events.

 

14. APPLICABLE LAW / COMPLAINTS AND DISPUTES

The General Conditions of Sale are subjected to the French laws.

In case of disputes the Customer can file a complaint with Vegdyes’ Customer Service , through the website page : contact , in order to look for an amicable solution. If an agreement between the Parties cannot be reached, the dispute will be subjected to Le Havre’s Tribunal of Commerce.

 

CREDIT

 

  • Editorial responsible : FRD
  • Conception : LeKlub
  • Hosting : Prestashop