The http://www.vagabonde-international.com website, hereinafter referred to as Vagabonde International, is an e-trading site offering for sale items and services to Internet users browsing the site.
The Buyer (hereinafter referred to as the "Buyer" or the "buyer") is any person who visits one or more web pages of the Site whether or not he or she has begun a purchase process on the Site.
The Seller (hereinafter referred to as the "Seller" or the "vendor") is "VAGABONDE INTERNATIONAL" (hereinafter referred to as "VAGABONDE INTERNATIONAL"), Société à Responsabilité Limitée (S.A.R.L.), 542, Route de St Nizier 38410 SAINT MARTIN D'URIAGE
Address of the responsible business:542, Route de St Nizier 38410 St Martin d'Uriage
Address for recovering online purchases:542, Route de St Nizier 38410 St Martin d'Uriage
Capital of the company: 10300euros
Grenoble B 50277044900010
The Seller can be contacted electronically via this form or by phone at 04 86 68 89 20 .
I. Purpose and scope of application
These terms and conditions of sale (hereinafter referred to as the "TCS") govern and apply without restriction or reservation to all relations between "VAGABONDE INTERNATIONAL" » and any person who purchases products / services implemented by "VAGABONDE INTERNATIONAL" » on this website.
In the context of these TCS, the terms product and / or services refer to the different product(s) and / or service(s) offered in the context of this site.
The Buyer acknowledges having read these TCS prior to placing an order. In this respect, the fact that any person orders one (or more) product(s) and / or service(s) on the site that is the subject hereof, implies full and complete acceptance of these TCS.
As the website is hosted by an external service provider, "VAGABONDE INTERNATIONAL" cannot be held liable for any interruption of service of the website, bugs, or for any damage resulting from a fraudulent intrusion of a third party having altered the information available on the website.
The buyer, prior to placing an order, declares that he has full legal capacity enabling him to commit himself under these TCS.
The seller reserves the right to modify these TCS at any time, without retroactive effect for current orders. In this case, the applicable conditions will be those in force on the date of validation of the order by the Buyer.
The most recent modification date is: 22/04/2011.
A. Means of placing orders
You can place your orders on the internet: http://www.vagabonde-international.com
B. General provisions
Any order placed by the means of placing an order identified above implies acceptance, without restriction or reservation, of all of these TCS.
The Buyer, who wishes to purchase (a) product(s) or (a) service(s) must:
- specify his method of payment and delivery,
- fill in the identification form on which he will indicate all the necessary contact details or give his customer number if he has one,
- fill in the online order form giving all the references of the product(s) and / or service(s) chosen,
- validate his order after checking it,
- confirm his order by double-clicking and payment,
- make payment as provided for,
The contract of sale will only be considered final after the seller has sent the buyer, by e-mail, an acknowledgement of receipt of the order sent to him.
The order, the confirmation of acceptance of the offer and the acknowledgement of receipt shall be deemed to have been received when all can access them.
III. Characteristics of the goods and services offered
Each product is accompanied by a description; for some of them, marked DF, the Buyer can have access to the supplier's documentation.
The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product, especially with regard to colours. Photographs, graphics and product descriptions may vary depending on the browsers used.
The products and services offered for sale are those listed in the catalogue published on the Vendor's website. These products and services are offered within the limits of available stocks.p>
The prices in the catalogue are prices in euros including all taxes (€), taking into account the VAT applicable on the day of the order.
The Seller reserves the right to modify its selling prices at any time, it being understood, however, that the price guaranteed to the Buyer is the one present on the site on the day of the confirmation of the order.
Prices do not include shipping costs, which are charged in addition to the price of the product(s) and / or service(s) purchased.
The shipping costs will be indicated before the buyer confirms his order. These costs are also available from the home page of the site.
V. Geographical area of sales, delivery and withdrawal
The products are offered for sale in the following geographical area: European Union countries, Monaco, Switzerland.
A retirement option is hereby introduced, at the address defined in the foreword to this document.
In the case of withdrawal from the store, this may be done by the Buyer or by any person duly mandated by the Buyer, by means of a declaration of mandate drawn up in the Buyer's original and any means of certifying the identity of the Buyer and the duly mandated person.
The buyer or his representative must take delivery of his order or come and collect it as soon as the seller informs him of its availability, within 0 days of this information; failure to receive the goods constitutes a contractual failure attributable to the buyer.
In the case of the sale of goods and personal effects, the sale shall be cancelled automatically and without notice to the seller, after the expiry of the agreed term for withdrawal.
VI. Faculté de rétractation – Droit de retour
A. Right of cancellation - Right of return
The non-professional buyer, or the consumer, has a period of 14 clear days from receipt of the goods or acceptance of the offer for services to exercise his right of cancellation.
If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
The products must be returned in a perfect state of resale and in their original state (packaging, accessories and any manuals included).
The return costs are to be paid by the seller only in case of a delivery error.
B. Right of return
In the case of a hidden defect, under the conditions defined by articles 1641 to 1648 of the Civil Code, the buyer has a right to return the product under the conditions defined below.
In the case of a defect of the product, the buyer has a right of return within 12 months from the delivery of the product, under the conditions defined below:
C. Procedures for exercising these rights
The buyer who wishes to avail of of these rights must contact the seller at the contact details given below in order to be given a return number, failing which, he must return the products and / or inform the seller of his wish to make use of these rights by any means allowing a definite date to be given (registered letter with acknowledgement of receipt, for example).
542, Route de St Nizier - 38410 SAINT MARTIN D'URIAGE - FRANCE
The buyer shall specify the circumstances in which the defect or hidden problem appeared, as well as the parts of the product in which he finds fault. He may ask for a refund of the delivery costs.
VII. Method of payment
The buyer guarantees to the seller that he has all the authorisations that may be necessary to use the means of payment he has chosen when registering the order form.
The buyer can then pay for his order by:
1. Credit or debit card on the seller's website: To ensure the security of payment by card, these payments will be made through the SP+ secure system provided by the Caisse d'Epargne or the Paypal secure system. These systems use the SSL (Secure Socket Layer) protocol for transporting bank details. The information transmitted is therefore encrypted by software and no third party can read it during transport on the network. The card used to pay for the order will be debited at the time of ordering.
2. By cheque following an order issued on the site, the order will be processed once the buyer's bank has credited the payment to the seller's bank account.
Only cheques made out in euros and written in French will be accepted.
The buyer must make the cheque payable to the seller and write the order number on the back of the cheque. This cheque must be sent to the address indicated during the ordering process.
A cheque not received within 10 days of placing an order on the site will result in the cancellation of the order in progress.
The seller reserves the right to ask for a photocopy of the buyer's ID document.
3. Cash on delivery. In this case, the buyer will be charged cash on delivery costs in effect at the time of shipment.
4. When withdrawing an order in the store, the buyer may use the above-mentioned means of payment, as well as cash payment, with the exception of cash on delivery.
At the Buyer's request, a paper invoice will be sent to the Buyer showing the VAT.
VIII. Delivery - performance times
A. Delivery - performance times
Whatever the price of the goods or services ordered by a consumer, the date of delivery of the product(s) or performance of the service(s), within a maximum period of 7 days, will be indicated in the e-mail of receipt of the request by the Seller.
The Buyer has the right to cancel the contract if the contractual delivery period is exceeded by 7 days. Cancellation shall be made by registered letter with acknowledgement of receipt for a maximum period of 60 working days following the date on which the goods should have been delivered.
B. Methods of delivery
Deliveries are made to the address indicated by the buyer when placing the order in the geographical areas specified in paragraph V.
Delivery costs are those described by the seller in his shop window through the link: "Payment and Delivery Info".p>
The buyer is required to check, in the presence of the delivery person, the condition of the packaging or package received and its contents on delivery.
The risks shall be borne by the consignee from the moment the products have been delivered to the person designated as consignee on the order and transport documents or collected by the authorised person. The consignee must report any damage observed during delivery in application of the principle of presumption of responsibility of the carrier by issuing written, significant and complete reservations.
The consignee's action against the carrier for damage to the goods must be brought within 3 days of delivery by sending a registered letter or a bailiff's act notifying the consignee's reasoned protest.
The seller shall be fully liable to the buyer for the proper performance of the contract concluded at a distance, whether it is performed by the seller who signed the contract or by an intermediary.
However, if the seller proves that this poor performance is due to the buyer, to the unforeseeable and insurmountable intervention of a third party, to the contract having prevented or hindered his performance or to a case of force majeure, it may be fully or partially exonerated from this liability.
All products supplied by the seller benefit from the legal warranty provided for in articles 1641 and following of the Civil Code.
In the event of nonconformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.
All claims, requests for exchange or refund must be made by post to the Seller's address within thirty days of delivery.
XI. Availability of products
In case of unavailability of the ordered good or service, the Buyer will be informed of this unavailability and will be able to choose to maintain his order or to be reimbursed without delay and at the latest within thirty days of the payment of the sums he has paid. Beyond this term, these sums earn interest at the legal rate.
However, if the possibility has been provided for prior to the conclusion of the contract or in the contract, the Seller may supply goods or services of equivalent quality and price. The Buyer is informed of this possibility in a clear and comprehensible manner.
XII. Intellectual property
All the elements of the Vendor's site are and remain the intellectual and exclusive property of the Vendor.
No one is authorised to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether they are software, visual or audio.
XIII. Personal data
The information requested by the seller in any order from the buyer is necessary for the management of his order by the seller and his business partners. In accordance with the law relating to data processing, data files and liberties of 6th January 1978, information of a nominative nature relating to buyers may be subject to automated processing.
Users have the right to access and rectify data concerning them, in accordance with the law of 6th January 1978. This right of access, rectification and opposition to personal data can be exercised through this form.
XIV. Archiving - Proof
The Seller shall archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy, and this for a retention period of 10 years.
The Seller's computerized registers will be considered by the parties as proof of electronic communications, digital order from the Buyer, confirmation e-mail sent by the Seller, general and special conditions of sale on the date of the order placed, payments and transactions between the parties.
XV. Dispute settlement
These conditions of online sale are subject to French law. In the event of a dispute, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or third party claims.