*The Seller delivers Pre-orders within the timeframes specified on the product page of each Product and indicated in this table, subject to the effective completion of the production of the pre-ordered Products. The indicative delivery time of a pre-ordered Product is stated in the pre-order confirmation email. The Client acknowledges that in the case of a Pre-order, delivery times may be longer compared to an Order for a Product in stock.
In accordance with Article L216-1 of the Consumer Code, if delivery has not occurred within 30 days following the indicated delivery date, the Client will have the right to terminate the contract and obtain a refund from the Seller of all sums paid during the Order or Pre-order.
If the Client had not informed the Seller that the delivery date or timeframe was an essential condition of the contract, the Client must, before any cancellation of the Order or Pre-order, request the Seller to execute the contract within a reasonable period:
either by registered letter with acknowledgment of receipt to the following address: EURL Virginie VONCKEN, 21 Rue de Lutèce 94 360 BRY-SUR-MARNE; or by email to the following address: contact@virginievoncken.paris
To obtain a refund following a contract termination, the Client must make the request:
either by registered letter with acknowledgment of receipt to the following address: EURL Virginie VONCKEN, 21 Rue de Lutèce 94 360 BRY-SUR-MARNE; or by email to the following address: contact@virginievoncken.paris, specifying the Order or Pre-order number and date.
The refund will be made within fourteen (14) days from the receipt of the cancellation by the Seller, using the same payment method as that used to pay for the Order or Pre-order.
8. RIGHT OF WITHDRAWAL - RETURNS
According to Article L. 221-18 of the Consumer Code, the consumer who enters into a contract through a distance communication means has a withdrawal period of fourteen (14) days from the date of receiving the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay penalties, for the purpose of exchange or refund.
However, this right of withdrawal does not apply in the following cases:
Products made to the consumer's specifications or clearly personalized. Products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection; Products that, after being delivered and by their nature, are inseparably mixed with other items; To exercise their right of withdrawal, the Client informs the Seller of their intention to withdraw by completing and sending the withdrawal form attached or any other unambiguous statement expressing their intention to withdraw to the following email address: contact@virginievoncken.paris
In accordance with Article L. 221-24 of the Consumer Code, the Seller refunds the Client for all amounts paid, including delivery costs (returned Products and return costs), without undue delay and at the latest within fourteen (14) days from the receipt of the consumer's decision to withdraw.
The reimbursement of return costs is provided in the form of the Seller sending a prepaid label to the Client via email, allowing the return of the Products via Colissimo. If the Client chooses another return method, they bear the costs.
In the case of multiple Products to be returned by the Client, the Seller will cover the return costs for a single return per Order or Pre-order.
The Products are returned by the Client to the Seller at the following address:
EURL Virginie VONCKEN, 21 Rue de Lutèce 94 360 BRY-SUR-MARNE
The Seller may delay the reimbursement until the Products are recovered or until the Client provides proof of the shipment of these Products (whichever occurs first).
The Seller makes this reimbursement using the same payment method as the one used by the Client for the initial transaction, unless the Client expressly agrees to another payment method and provided that the reimbursement does not incur any costs for the Client.
The Seller is not obliged to reimburse additional costs if the Client has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
The Products must not have been used beyond what would have been allowed for trying on in a store or damaged.
The Client may be held liable for any deterioration of the Product caused by the Client.
9. WARRANTIES
The Client benefits from the legal guarantee of conformity for Products that appear defective, damaged, or not corresponding to the Order or Pre-order (under the conditions provided in Articles L. 217-3 to L. 217-20 of the Consumer Code), and from the legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered Products and making them unfit for use (provided in Articles 1641 to 1648 and 2224 of the Civil Code).
Article 9.1. Legal warranty of conformity
The Seller undertakes to deliver a product that conforms to the contractual description as well as to the criteria set forth in Article L.217-5 of the Consumer Code. The Seller is liable for conformity defects existing at the time of delivery of the Products and which appear within a period of two (2) years from that date.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, with the limitation period starting on the day the Client becomes aware of the conformity defect.
Conformity defects that appear within one (1) year, in the case of a second-hand product from the date of delivery of the Products, are presumed, unless proven otherwise, to have existed at the time of delivery.
In case of non-conformity, the Client may demand that the Products delivered be brought into conformity by repair or replacement, or failing that (especially if out of stock), a price reduction or the termination of the sale, under the legal conditions.
The Client may also suspend payment of all or part of the price or the granting of the contractual advantage until the Seller has fulfilled its obligations under the legal warranty of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.
It is the Client's responsibility to request from the Seller the bringing into conformity of the Products, by choosing between repair and replacement. The bringing into conformity of the product takes place within a period not exceeding thirty (30) days following the Client's request.
Repair or replacement of the non-conforming Product includes, if necessary, the removal and return of the Product as well as the installation of the compliant or replaced Product. Any Product brought into conformity under the legal warranty of conformity benefits from an extension of this warranty by six months.
If the non-conforming Product is replaced and, despite the Client's choice, the Seller fails to bring it into conformity, the replacement triggers a new period of legal warranty of conformity for the benefit of the Client, starting from the delivery of the replaced Product.
If the requested bringing into conformity is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Client may, after formal notice, pursue specific performance of the initially requested solution, in accordance with Articles 1221 and following of the Civil Code.
Finally, the Client may demand a price reduction or the termination of the sale (unless the non-conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code. When the non-conformity is so serious that it justifies an immediate price reduction or termination of the sale, the Client is not required to request beforehand the repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the delivered Product and the value of that Product in the absence of the conformity defect. In case of termination of the sale, the Client is reimbursed the price paid against the return of the non-conforming Products to the Seller, at the latter's expense.
Reimbursement is made upon receipt of the non-conforming Product or proof of its return by the Client, and at the latest within fourteen (14) days thereafter, using the same means of payment as that used by the Client for payment, unless expressly agreed otherwise by the Client and in any case without any additional charges.
The above provisions are without prejudice to any possible award of damages to the Client, for the damage suffered by the latter due to the conformity defect.
Article 9.2. Warranty against hidden defects
The Seller is liable for hidden defects under the legal warranty against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and rendering them unfit for use.
The Client may choose to enforce the warranty against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, the Client may choose between the termination of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
Article 1641 of the Civil Code:
The seller is liable under the warranty for hidden defects in the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have only paid a lower price if they had known about them.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
Article 9.3. Warranty exclusions
The seller shall not be held liable in the following cases:
- Non-compliance with the legislation of the country in which the Products are delivered, which it is the responsibility of the Client to verify before placing their Order or Pre-order.
- In the event of misuse, professional use, negligence, or lack of maintenance on the part of the Client, as well as in cases of normal wear and tear of the Product, accidents, or force majeure.
Enclosure provided in accordance with the provisions of Article D 211-2 of the Consumer Code concerning legal guarantees of conformity and hidden defects:
The consumer has a period of two years from the delivery of the goods to enforce the legal guarantee of conformity in the event of a conformity defect. During this period, the consumer is only required to prove the existence of the conformity defect and not the date of its occurrence. When the sale contract of the goods provides for the provision of digital content or a digital service continuously for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the provision period. During this period, the consumer is only required to prove the existence of the conformity defect affecting the digital content or digital service and not the date of its occurrence.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods. The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, at no cost and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract and obtain a full refund against return of the goods if:
- The professional refuses to repair or replace the goods;
- The repair or replacement of the goods takes place after a period of thirty days;
- The repair or replacement of the goods causes major inconvenience to the consumer, particularly when the consumer permanently incurs the costs of returning or removing the non-compliant goods, or if they incur the costs of installing the repaired or replacement goods;
- The non-compliance of the goods persists despite the unsuccessful attempt to make them compliant by the seller.
The consumer also has the right to a reduction in the price of the goods or to terminate the contract when the non-compliance is so serious that an immediate reduction in price or termination of the contract is justified. The consumer is not required to request repair or replacement of the goods beforehand. The consumer is not entitled to terminate the sale if the non-compliance is minor. Any period of immobilization of the goods for repair or replacement suspends the warranty that was still running until the delivery of the restored goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the enforcement of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in accordance with Articles 1641 to 1649 of the Civil Code for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are retained or to a full refund against return of the goods.
10. CUSTOMER SERVICE
Pour any information or inquiry, for order or pre-order tracking, or to make a warranty claim, the Client should contact customer service by filling out the contact form located on the "Contact" page of the Website, by email at the following address: contact@virginievoncken.paris or by phone at +33686812799 (standard rate call).
11. CUSTOMER REVIEWS
The Seller ensures that all customer reviews displayed on the Website come from Customers who have actually placed their Order or Pre-order or used the Product.
12. PERSONAL DATA
The Seller declares to comply with and undertakes to comply with the regulations concerning personal data in force in France, including the European General Data Protection Regulation (GDPR) of April 27, 2016, and the amended French Data Protection Act of January 6, 1978. It is reminded that the personal data requested from the Customer are necessary for the processing of their Order or Pre-order and the establishment of invoices, in particular. These data may be communicated to any partners of the Seller responsible for the execution, processing, management, and payment of Orders or Pre-orders. The Customer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding information concerning them. This right can be exercised under the conditions and according to the procedures defined in the privacy policy. For more details, please consult the privacy policy available on the Website.
13. INTELLECTUAL PROPERTY
The Customer has no intellectual or industrial property rights over the Products, packaging, or packaging, the Seller remaining the exclusive owner of all these rights.
Any use whatsoever by the Customer of the industrial property rights belonging to the Seller or its suppliers, manufacturers, and partners is strictly prohibited, except with the written agreement of the Seller.
None of the provisions of these General Terms and Conditions of Sale shall be construed as conferring on the Customer a license to any intellectual property right.
The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
14. UNSOLICITED CONTACT OPPOSITION - DISPUTES - MEDIATOR
If you are a "consumer" within the meaning of the preliminary article of the Consumer Code, you have the right to register on the BLOCTEL telephone canvassing opt-out list.
If you are a "consumer" within the meaning of the preliminary article of the Consumer Code, you must first send us your complaint by email to the following address: contact@virginievoncken.paris
If this attempt fails, you may resort to a conventional mediation procedure or any other alternative dispute resolution method, including by using, free of charge, within one year of your complaint, the consumer mediator competent under the provisions of Title 5 of Book I of the Consumer Code, whose contact details are as follows:
Center for Consumer Mediation of Justice Conciliators Email address: cm2c@cm2c.net Postal address: 49 Rue de Ponthieu, 75008 Paris
To resolve your dispute, you may access the European online dispute resolution platform provided for by Regulation (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes, including cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.
If this mediation fails, or if you do not wish to use it, you are free to submit your dispute to the competent courts.
These General Conditions are subject to French domestic law, excluding any international conventions.
In the event of a dispute concerning these General Conditions or the sale, the parties will try to resolve their dispute amicably to the extent possible.
Failing an amicable agreement, the competent court shall be that of the defendant's domicile or that of the actual delivery of the Product.
15. PRE-CONTRACTUAL INFORMATION
Le Client acknowledges having been informed by the Seller in a clear and understandable manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or placing of the Order or Pre-order and in accordance with the provisions of Article L 221-5 of the Consumer Code:
- about the essential characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity enabling him to acquire the Products with full knowledge of the facts, particularly regarding their conditions of use. The photographs and graphics presented are not contractual and do not engage the responsibility of the Seller. The Client is required to refer to the description of each Product in order to learn about its essential properties and characteristics.
- on the price of the Products and any ancillary costs or, in the absence of payment of a price, on any benefit provided in place of or in addition to the price, and on the nature of this benefit;
- on the payment, delivery, and execution terms of the sales contract;
- in the absence of immediate execution of the sale, on the delivery times of the ordered Products;
- on the identity of the Seller and all of its contact details;
- on the existence and terms of implementation of guarantees (legal guarantee of conformity, guarantee of hidden defects, any commercial guarantees), and if applicable, on the after-sales service;
- on the possibility of resorting to a consumer mediator, whose contact details are included in these General Terms and Conditions of Sale, under the conditions provided for in the Consumer Code;
- on the right of withdrawal (existence, conditions, deadline, methods of exercising this right, and standard withdrawal form), termination procedures, complaint handling, and other important contractual conditions, and, where applicable, on the costs of using distance communication techniques, the existence of codes of conduct, and financial guarantees and cautions;
- on the accepted means of payment.
16. GENERAL PROVISION
These General Terms and Conditions of Sale are drafted in French in their original version, which alone is authentic and prevails over any other version. They apply to the exclusion of all other conditions. They are accessible to the Client on the Website at any time and are systematically submitted to the Client before any Order or Pre-order and at the time of registration of the Order or Pre-order.
A printed version of the General Terms and Conditions of Sale as well as any information sent electronically will be admissible in any judicial proceedings concerning the application of these General Terms and Conditions of Sale in the same manner and under the same conditions as any other written document kept in paper format.
The failure to exercise, at any time, any right recognized by these General Terms and Conditions of Sale, or the failure to demand the application of any provision of the agreement arising from these Conditions shall not be interpreted in any way, either as a modification of the contract, or as an express or tacit waiver of the right to exercise such right in the future, or of the right to demand the scrupulous execution of the commitments made herein.
In the event that any term of the General Terms and Conditions of Sale is deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
Considering the possible evolutions of the Website, the Seller reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Consequently, the Seller invites the Client to consult the General Terms and Conditions of Sale before any new Order or Pre-order. The General Terms and Conditions of Sale then in force will apply to all Orders or Pre-orders placed from their date of publication.
Annex 1: WITHDRAWAL FORM
MODEL WITHDRAWAL FORM (Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of EURL Virginie VONCKEN, 21 Rue de Lutèce 94 360 BRY-SUR-MARNE;
contact@virginievoncken.paris
I/We () hereby notify you () of my/our () withdrawal from the contract for the sale of the item ()/ below:
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Consumer(s) signature(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
