General Conditions of Sales and Use

Welcome to the website www.vibre-paris.com

By visiting our site and/or purchasing an item from www.vibre-paris.com, you engage in our “ Service ” and agree to be bound by the following terms and conditions (“ Terms and Conditions of Sale/CGV ”, “ Terms and Conditions of Use/CGU ”), including the terms, conditions and policies referenced herein and/or available by hyperlink.

The User, a natural person, customer or not, is informed that he is bound by these presents.

The use of the services of our site, as well as any order, implies the prior, full and complete acceptance of these T&Cs and our confidentiality policy which you acknowledge having read.

DEFINITIONS

Customer: means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity, aged at least 18 and having ordered at least once on the Site.

User: means any person browsing www.vibre-paris.com, whether a customer or a simple visitor.

Customer Area: means the interface allowing the Customer to access his personal area, in which all the data provided is grouped. Access to this area is via a username and password.

Identifier: means the email address required to identify a User on the Site to access their account.

Password: means the sequence of characters that the User must keep secret and which allows them, with their Identifier, to access their account.

Product: means all products available on the site

Order: means the purchase of products made by a customer.

Site: means www.vibre-paris.com

  1. GENERAL CONDITIONS OF USE

Please read these Terms of Use carefully before accessing and using www.vibre-paris.com. By accessing or using any part of the Site, you agree to be bound by these Terms of Use.

  1. CONDITIONS OF ACCESS AND USE OF THE SITE

Any User may access the Site and the Products. This access is free.
The User and/or Client takes care of all the arrangements necessary for accessing the Site: internet costs and computer equipment.

The User and/or Client may access their Client Area using a User ID and Password. The User and/or Client is required to keep their identification parameters confidential and not to communicate them to a third party.

All means will be implemented by THE FEELGOOD FACTORY to ensure permanent access to the site: 24 hours a day, 7 days a week, but cannot be held responsible for any malfunction that would prevent access to the Site and the Products. The resolution of any malfunction will be dealt with as soon as possible.

  1. CUSTOMER AREA

The User can create a personal account on the Site via a Customer Area if he wishes to access this personal information and his order history.

By creating an account, the User accepts these T&Cs and our privacy policy.
Access to the Customer Area also includes subscription to the vibre-paris.com newsletters. The User may unsubscribe from this service at any time.

Each User can only create one account.

The User is responsible for the accuracy of the information transmitted to create his personal account.
When the User creates an account on the Site, he receives an email confirming the creation of the account the same day. vibre-paris.com reserves the right to delete any account that does not comply with these contractual conditions.

  1. GENERAL CONDITIONS OF SALE

The General Conditions of Sale define the conditions applicable to sales concluded between persons making a purchase ("the Customer") and www.vibre-paris.com ("the Site"). These conditions only concern non-commercial individuals.

  1. PRICE

All prices are indicated in euros, all taxes included, excluding shipping costs (refer to the Shipping and Delivery section).

Prices include value added tax (VAT) at the rate in effect on the date of the order. Prices may include discounts granted by vibre-paris.com. The prices indicated are valid, except in the event of a gross error. The applicable price is that indicated on the site on the date the order is placed by the customer.

The payment requested from the customer corresponds to a total purchase amount, including the price of the Product as well as shipping costs when applicable.

  1. ORDER

The order follows a procedure including different steps for the customer:

    • Selection of Products to add to your shopping cart;
    • Checking and validating the shopping cart;
    • Logging into their Customer Area if this has not yet been done or being invited to create an area or provide their contact details if they do not wish to register on the Site. The Customer must provide mandatory information in any case to place their order;
    • Choice of delivery method;
    • Choice of payment method and acceptance of the T&Cs;
    • Payment validation;
    • Acknowledgment of receipt of the order sent to the Customer by email, to the address provided by the latter;
    • Billing. An invoice will be issued by vibre-paris.com and included in the acknowledgement of receipt sent by email. The customer will also be able to find it in their Customer Area if one has been created;

Delivery. vibre-paris.com undertakes to deliver the order within the time indicated to the customer in their Customer Area if they have one or in their order summary. vibre-paris.com undertakes to honor the order received within the limit of available stocks. The unavailability of a product is in principle indicated on the product page concerned. In the situation where the Product is not displayed as unavailable but vibre-paris.com has not been supplied in good time by its suppliers, vibre-paris.com undertakes to inform the Customer of the unavailability of the Product without delay. vibre-paris.com will then reimburse the Customer no later than fourteen (14) working days.

vibre-paris.com reserves ownership of the Products until full payment of the order, i.e. receipt of the price of the order by vibre-paris.com.
vibre-paris.com reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or who presents any form of risk in its eyes.

  1. PAYMENT

The price of the order is payable in cash, in full on the day the order is placed by the customer. vibre-paris.com accepts the following payment methods: VISA, Mastercard, Amex and secure PayPal payment system.

In the absence of authorization by the bank to proceed with the payment of the order, the Customer may contact the vibre-paris.com customer service in order to pay for the order by any other payment method. If the transaction proves impossible, the order will be canceled and the sale automatically terminated.

  1. SHIPPING AND DELIVERY

vibre-paris.com undertakes to prepare an order within four (4) working days maximum following the sending of the acknowledgment of receipt of the order to the Customer. An email will be sent to the Customer upon shipment of the order provided that the email address provided at the time of ordering is correct.

vibre-paris.com undertakes to deliver the products within the time period communicated in its Customer Area if it has one or in its order summary. The delivery period starts from the receipt of your payment. If vibre-paris.com is prevented from making the delivery by an event of force majeure or an unforeseeable event, the delivery period is extended according to the duration of the impediment.

Delivery is free in mainland France. (Logistics provided by La Poste in Colissimo).

The Customer is required to check the condition of the package(s) and item(s) delivered. Any package showing apparent anomalies (damage, item missing from the order form, damaged package, open package, damaged item, etc.) at the time of delivery or collection by the Customer at the collection point must be refused or, if accepted, be the subject of reservations with the carrier and a report to vibre-paris.com. In the event of acceptance of the package, the Customer must imperatively indicate any anomaly within three (3) days following the date of delivery or collection to the carrier and to vibre-paris.com by contacting Customer Service.

  1. RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal with vibre-paris.com, without giving reasons.
To exercise the right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of a clear declaration: to the following email address: contact@vibre-paris.com.

The Customer must return or restore the goods without delay to vibre-paris.com and, in any event, no later than fourteen (14) days from the day on which the Customer communicates his declaration of withdrawal.

In the event that the Customer has ordered several Products via a single order giving rise to several Deliveries, the withdrawal period will expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last package.

The Customer is only liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer has the possibility to test the Product but may be liable if he carries out handling other than that which is strictly necessary.

The Customer can refer to the Returns and Refunds tab to learn the exact procedure. In the event of a valid withdrawal, vibre-paris.com will reimburse the Customer for all payments received from him no later than fourteen (14) days from the day on which vibre-paris.com became aware of his declaration of withdrawal.

  1. PACKAGING

Upon delivery, the Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the items during delivery. As mentioned in Article E/Right of withdrawal, the Customer undertakes to respect the same standards when returning the items.

  1. GUARANTEE

Sales made through the vibre-paris.com website are subject to the conditions of the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code as well as the legal guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code. You can exercise these guarantees by sending your request to the following email address: contact@vibre-paris.com . vibre-paris.com does not offer a commercial guarantee.

In addition, you may decide to implement the warranty against hidden defects in accordance with the provisions of Article 1641 of the Civil Code. In this situation, you can choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.

Article L. 217-4 of the Consumer Code

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code

The property complies with the contract:

1/ If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2/ Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the goods.

Article L. 217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the item in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

  1. RESPONSIBILITY

vibre-paris.com is fully liable to the Customer for the proper execution of the contract concluded with the Customer.

However, vibre-paris.com cannot be held liable for the non-performance or poor performance of the contract concluded in the event of force majeure, the occurrence of an event attributable to the Customer or any inconvenience, unforeseeable and insurmountable damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.

The vibre-paris.com website contains hyperlinks that may lead to other websites. Vibre-paris.com cannot be held responsible for the content of these websites if they contravene the legal and regulatory provisions in force.

  1. RETENTION OF TITLE

vibre-paris.com remains the owner of the Products until full payment of the price by the Customer.

  1. INTELLECTUAL PROPERTY

All texts, comments, works, illustrations and images reproduced on vibre-paris.com are reserved under copyright and intellectual property law and for the entire world. As such and in accordance with the provisions of the intellectual property code, only use for private use is authorized, subject to different or even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the vibre-paris.com site is strictly prohibited without prior agreement.

  1. VALIDITY OF THE GENERAL CONDITIONS

The general conditions may be modified and updated at any time.
The applicable general conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to items already purchased.
The date the terms and conditions were updated appears at the top of the document.

  1. AMICABLE SETTLEMENT OF DISPUTES

Under Article L. 612-1 of the Consumer Code, "Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional." This covers disputes of a contractual nature, relating to the execution of a sales contract or the provision of services, between a consumer and a professional.

In case of difficulties, vibre-paris.com invites you to contact its customer service beforehand. If your problem is not resolved, you can use the services of a mediator within one (1) year from the receipt of your request by the customer service, with a view to the out-of-court settlement of the dispute.

For this purpose, you can contact the following mediation services:
a) FEVAD e-commerce mediator at the following address:
https://www.mediateurfevad.fr/index.php/espace-consommateur.
(b) Website of the European Commission for online dispute resolution:
http://ec.europa.eu/consumers/odr/

  1. APPLICABLE LAW

These general terms and conditions of use and sale are subject to French law. In the event of a persistent disagreement over the application, interpretation and execution of these terms and conditions, and in the absence of an amicable agreement, any dispute will be brought before the competent French courts.