Terms and conditions of sale
Welcome to www.vibre-paris.com
By visiting our site and/or purchasing an item on www.vibre-paris.com, you engage in our « Service » and agree to be bound by the following terms and conditions (« General Terms and Conditions of Sale/CGV », « General Terms of Use/CGU »), including the terms, conditions, and policies mentioned herein and/or accessible via hyperlink.
The User, whether an individual customer or not, is informed that they are bound by these terms.
Using our site's services, as well as placing any order, implies your prior, full, and complete acceptance of these General Terms of Use/Sale (CGU/CGV) and our privacy policy, which you acknowledge having read.
DEFINITIONS
Client: refers to any individual acting for purposes outside their commercial, industrial, craft, or professional activity, who is at least 18 years old and has placed at least one order on the Site.
User: refers to anyone browsing www.vibre-paris.com, whether they are a customer or a simple visitor.
Customer Account: refers to the interface allowing the Client to access their personal area, where all provided data is gathered. Access to this area is granted using a username and password.
Username: refers to the email address required to identify a User on the Site to access their account.
Password: refers to the sequence of characters that the User must keep secret and which, along with their Username, allows them to access their account.
Product: refers to all products available on the site.
Order: refers to the purchase of products made by a client.
Site: refers to www.vibre-paris.com
- GENERAL TERMS OF USE
Please read these General 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 General Terms of Use.
- CONDITIONS FOR ACCESSING AND USING THE SITE
Any User can access the Site and its Products. This access is free.
The User and/or Client is responsible for all necessary arrangements to access the Site, including internet costs and computer equipment.
The User and/or Client can access their Customer Account using a Username and Password. The User and/or Client is responsible for keeping their login details confidential and must not share them with any third party.
THE FEELGOOD FACTORY company will make every effort to ensure permanent access to the site: 24 hours a day, 7 days a week, but cannot be held responsible for any malfunction that prevents access to the Site and its Products. Any malfunction will be resolved as quickly as possible.
- CUSTOMER ACCOUNT
The User can create a personal account on the Site through a Customer Account if they wish to access their personal information and order history.
By creating an account, the User accepts these General Terms of Use/Sale (CGU/CGV) and our privacy policy.
Access to the Customer Account also includes subscription to vibre-paris.com newsletters. The User can unsubscribe from this service at any time.
Each User can only create one account.
The User is responsible for the accuracy of the information provided to create their personal account.
When the User creates an account on the Site, they receive an account creation confirmation email on the same day. vibre-paris.com reserves the right to delete any account that does not comply with these contractual terms.
- GENERAL TERMS AND CONDITIONS OF SALE
The General Terms and Conditions of Sale define the terms applicable to sales made between individuals making a purchase ("the Customer") and www.vibre-paris.com ("the Site"). These conditions apply exclusively to private individuals, not businesses.
- PRICES
All prices are shown in euros, including all taxes, but excluding shipping costs (please refer to the Shipping and Delivery section).
Prices include Value Added Tax (VAT) at the rate applicable on the order date. Prices may include discounts offered by vibre-paris.com. The prices shown are valid, except in cases of obvious error. The applicable price is the one displayed on the website on the date the customer places the order.
The payment requested from the customer corresponds to the total purchase amount, including the price of the Product and any applicable shipping costs.
- ORDER
The ordering process involves several steps for the customer:
- Selecting Products to add to their shopping cart;
- Reviewing and confirming the shopping cart;
- Logging into their Customer Account if not already done, or being prompted to create an account or provide their details if they do not wish to register on the Site. In any case, the Customer must provide mandatory information to place their order;
- Choosing the delivery method;
- Choosing the payment method and accepting the General Terms and Conditions of Sale;
- Payment validation;
- Order acknowledgment sent to the Customer by email, to the address provided by them;
- Invoicing. An invoice will be issued by vibre-paris.com and included in the acknowledgment of receipt sent by email. The customer can also find it in their Customer Account if one has been created;
Delivery. vibre-paris.com commits to delivering the order within the timeframe indicated to the customer in their Customer Account (if applicable) or in their order summary. vibre-paris.com commits to fulfilling the received order within the limits of available stock. Product unavailability is generally indicated on the relevant product page. If a Product is not shown as unavailable but vibre-paris.com has not been supplied in time by its suppliers, vibre-paris.com commits to informing the Customer of the Product's unavailability without delay. vibre-paris.com will then refund the Customer within fourteen (14) business days at the latest.
vibre-paris.com retains ownership of the Products until full payment of the order, meaning until vibre-paris.com receives the order price.
vibre-paris.com reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment of a previous order, or who, in its opinion, presents any form of risk.
- PAYMENT
The order price is payable in full on the day the customer places the order. vibre-paris.com accepts the following payment methods: VISA, Mastercard, Amex cards, and the secure PayPal payment system.
If the bank does not authorize payment for the order, the Customer may contact vibre-paris.com customer service to settle the order using another payment method. If the transaction proves impossible, the order will be cancelled and the sale automatically terminated.
- SHIPPING AND DELIVERY
vibre-paris.com commits to preparing an order within a maximum of four (4) business days following the sending of the order acknowledgment to the Customer. An email will be sent to the Customer upon shipment of the order, provided that the email address given at the time of the order is correct.
vibre-paris.com commits to delivering the products within the timeframe communicated in your Customer Account (if applicable) or in your order summary. The delivery period begins upon receipt of your payment. If vibre-paris.com is unable to make the delivery due to an event of force majeure or an unforeseen circumstance, the delivery period will be extended for the duration of the impediment.
Delivery is free in mainland France. (Logistics provided by La Poste via Colissimo).
The Customer must check the condition of the package(s) and item(s) delivered. Any package showing visible defects (damage, missing item compared to the order form, damaged package, open package, damaged item, etc.) at the time of delivery or collection by the Customer at the pickup point must be refused or, if accepted, the Customer must make reservations with the carrier and report it to vibre-paris.com. If the package is accepted, the Customer must report any anomaly within three (3) days following the delivery or collection date to the carrier and to vibre-paris.com by contacting Customer Service.
- RIGHT TO CANCEL
In accordance with current legal provisions, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right to cancel with vibre-paris.com, without giving any reason.
To exercise the right to cancel, the Customer must notify their decision to cancel this contract by means of a clear statement to the following email address: contact@vibre-paris.com.
The Customer must return the goods without delay to vibre-paris.com and, in any event, no later than fourteen (14) days from the day the Customer communicated their cancellation declaration.
If the Customer ordered several Products in a single order resulting in multiple deliveries, the cancellation 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, physically takes possession of the last package.
The Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product. In other words, the Customer may test the Product, but they may be held liable if they handle it in ways that are not strictly necessary.
The Customer can refer to the Returns and Refunds tab to learn about the exact procedure. In the event of a valid cancellation, vibre-paris.com will refund the Customer all payments received from them no later than fourteen (14) days from the day vibre-paris.com was informed of their cancellation declaration.
- PACKAGING
During deliveries, Products will be packaged according to current transport standards to ensure maximum protection for items during delivery. As mentioned in Article E/Right to Cancel, the Customer agrees to follow the same standards when returning items.
- WARRANTY
Sales made through the vibre-paris.com website are subject to the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code, as well as the legal guarantee against hidden defects enshrined 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 warranty.
Furthermore, you can choose to invoke the guarantee against hidden defects in accordance with the provisions of Article 1641 of the Civil Code. In this situation, you can choose between cancelling the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Article L. 217-4 of the Consumer Code
The seller delivers goods that comply with the contract and is responsible for any defects in conformity existing at the time of delivery. They are also responsible for defects in conformity resulting from packaging, assembly instructions, or installation when this was their responsibility under the contract or was carried out under their responsibility.
Article L. 217-5 of the Consumer Code
The goods comply with the contract if:
1/ It is fit for the purpose ordinarily expected of similar goods and, where applicable: - it matches the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; - it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2/ Or it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the latter.
Article L. 217-12 of the Consumer Code
Any action resulting from a lack of conformity must be brought within two (2) years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer requests the seller, during the commercial warranty granted at the time of purchase or repair of movable goods, to carry out a repair covered by the warranty, any period of immobilization of at least seven days will be added to the remaining warranty period.
This period runs from the buyer's request for intervention or the availability of the goods for repair, if this availability occurs after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by 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 purchased it, or would have paid a lower price, had they known about the defects.
Article 1648, paragraph 1, of the Civil Code
A claim for latent defects must be brought by the buyer within two years from the discovery of the defect.
- LIABILITY
vibre-paris.com is fully liable to the Client for the proper execution of the contract entered into with the Client.
However, vibre-paris.com cannot be held liable for the non-performance or improper performance of the contract in cases of force majeure, an event attributable to the Client, or any unforeseen and insurmountable inconvenience or damage inherent to the use of the Internet, such as service interruptions, external intrusions, 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 violate current legal and regulatory provisions.
- RETENTION OF TITLE
vibre-paris.com remains the owner of the Products until the Client has made full payment.
- INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, and images reproduced on vibre-paris.com are reserved under copyright and intellectual property rights worldwide. As such, and in accordance with the provisions of the intellectual property code, only private use is permitted, subject to different, or even more restrictive, provisions of the intellectual property code. Any total or partial reproduction of the vibre-paris.com website is strictly prohibited without prior agreement.
- VALIDITY OF GENERAL TERMS AND CONDITIONS
The general terms and conditions may be modified and updated at any time.
The applicable general terms and conditions are those in effect at the time of the order.
Changes made to the general terms and conditions will not apply to items already purchased.
The update date of the general terms and conditions is shown at the top of the document.
- AMICABLE SETTLEMENT OF DISPUTES
Pursuant to Article L. 612-1 of the Consumer Code, « Every consumer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute with a professional. ». This applies to contractual disputes concerning the performance of a sales or service provision contract between a consumer and a professional.
In case of difficulties, vibre-paris.com invites you to first contact its customer service. If your problem is not resolved, you may use the services of a mediator within one (1) year from the date your request was received by customer service, for the out-of-court settlement of the dispute.
For this purpose, you can contact the following mediation services:
a) FEVAD e-commerce Mediator at:
https://www.mediateurfevad.fr/index.php/espace-consommateur.
b) European Commission's online dispute resolution website:
http://ec.europa.eu/consumers/odr/
- APPLICABLE LAW
These general terms of use and sale are governed by French law. In the event of a persistent disagreement regarding the application, interpretation, and execution of these terms, and in the absence of an amicable agreement, any dispute will fall under the jurisdiction of the competent French courts.