ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company Michel Vaillant ("the Seller") with buyers ("Customers or the Customer") wishing to acquire the products offered for sale by the Seller ("The Products") on the website http://www.michel-vaillant.com. They specify, in particular, the conditions of ordering, payment, delivery, and handling of any returns of Products ordered by the Clients.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website http://www.michel-vaillant.com.
The Customer is required to be aware of these before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website http://www.michel-vaillant.com are not contractual and do not engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product to know its essential properties and characteristics.
Product offers are subject to availability, as specified when placing the order.
The Seller's Contact Information:
Michel Vaillant Company
Simplified joint-stock company with a capital of 100,000 euros, registered under number 606 320 711 RCS ANNECY
Headquarters: 4, Boulevard du Chevran - 74300 Cluses
These general terms and conditions of sale apply to the exclusion of any other conditions, particularly those applicable to sales in-store or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the website http://www.michel-vaillant.com and will prevail, if applicable, over any other version or contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the date of placing the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right, at any time, to access, rectify, and object to all of their personal data by writing, by mail, and justifying their identity to the company Michel Vaillant, 4, Boulevard du Chevran - 74300 Cluses.
ARTICLE 2 - Orders
It is the Customer's responsibility to select the Products they wish to order on the website http://www.michel-vaillant.com, according to the following terms:
Once the products are added to the cart, the Customer can decide whether or not to confirm the cart. If the Customer confirms the cart, they are directed to the delivery methods page. Several delivery options are offered to the Customer. The Customer must select one delivery method. The total amount of the order is displayed, including shipping costs. By validating this step, the Customer accesses the payment method. Payment can be made by credit card, check, bank transfer, or PayPal account. By validating the payment, the Customer accepts the general terms of sale. A confirmation email of the order is then sent to the Customer.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The sale will only be considered final after the Buyer receives confirmation of the order's acceptance by the Seller via email and after the Seller has received the full payment.
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website http://www.michel-vaillant.com constitutes the formation of a distance contract between the Customer and the Seller.
ARTICLE 3 - Rates
The Products are provided at the rates in force appearing on the website http://www.michel-vaillant.com at the time of order registration by the Seller. Prices are expressed in Euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and applicable shipping costs on the day of the order.
The rates take into account any reductions that may be granted by the Seller on the website http://www.michel-vaillant.com.
These rates are firm and non-revisable during their validity period, as indicated on the website http://www.michel-vaillant.com, with the Seller reserving the right, outside this validity period, to modify prices at any time.
They do not include processing, shipping, transportation, and delivery costs, which are billed additionally, under the conditions indicated on the website http://www.michel-vaillant.com and calculated prior to placing the order.
The company Michel VAILLANT reserves the right to modify its rates at any time. However, it undertakes to invoice the ordered goods at the prices indicated at the time of order registration.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is prepared by the Seller and given to the Customer upon delivery of the ordered Products.
Our offered rates include the discounts and rebates that the company Michel VAILLANT might grant.
No discount will be granted in case of early payment.
ARTICLE 4 - Payment Conditions
The price is payable in full on the day of placing the order by the Client, by means of secure payment, according to the following terms:
- by credit cards: Visa, MasterCard, American Express, other debit cards (Ecard bleue)
Online payment is made on a secure banking payment platform using the 3D secure system.
In addition, the Seller reserves the right, in case of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of ongoing orders made by the Client.
No additional fees, exceeding the costs incurred by the Seller for using a means of payment, will be charged to the Client.
ARTICLE 5 - Products
Some characteristics of our products can be modified at any time to enhance performance or comply with new standards that may be imposed. Our customers accept these modifications in advance, provided that they do not alter the use of the products or effects ordered.
ARTICLE 6 - Deliveries
The Products ordered by the Client will be delivered in metropolitan France within 48 to 72 hours from the dispatch of the order to the address indicated by the Client when placing the order on the website http://www.michel-vaillant.com. We are not responsible for delivery delays caused by incorrect or incomplete address entry.
Shipping costs are the responsibility of the customer and are calculated based on the weight of the order. Specific conditions may be studied based on particular orders and destinations. For export, please contact us.
Delivery is made by transferring physical possession or control of the Product to the Client.
Unless there is a particular case or unavailability of one or more Products, the ordered Products will be delivered at once.
The Seller undertakes to use its best efforts to deliver the products ordered by the Client within the specified timeframes above. However, these timeframes are provided as indicative and cannot in any case bind us. Any eventual delays or out-of-stock situations do not entitle the buyer to cancel the order, refuse the merchandise, or claim damages.
However, if the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale can be terminated at the written request of the Client under the conditions provided for in articles L 138-2 and L 138-3 of the Consumer Code.
The amounts paid by the Client will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address mentioned by the Client during the order and to which the carrier can easily access.
Delivery is deemed to have been made upon the delivery of the Products ordered by the Seller to the carrier as soon as the carrier has delivered the Products sold to them, accepted without reservations. The Client therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claim against the Seller in case of non-delivery of the transported goods. It is strongly recommended to check the package in the presence of the delivery person. Any reservations during delivery must be imperatively notified to the carrier upon delivery and communicated to them by registered letter within 48 hours.
In case of a specific request from the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the Client.
Delivery can also take place, in addition to the address given by the client, at a collection point.
Deliveries within the European Economic Area (EEA) are invoiced with French VAT if the customer does not have a European Tax Identification Number. Prices are understood ex-works (EXW), and all costs related to exportation are at the customer's expense. All disputes will be settled by French law to which the buyer and seller expressly refer.
ARTICLE 7 - Claims
The Client is responsible for checking the condition of the delivered products. They have a period of thirty (30) days from the delivery date to make written claims (by postal mail, email, fax) for any non-conformity or apparent defects of the delivered Products (for example, damaged package already opened...), with all relevant evidence (especially photos).
After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free from any apparent defects, and no claim can be validly accepted by the Seller.
The Seller will refund or replace, at its expense and as soon as possible, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, in the conditions provided for in articles L 211-4 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 8 - Payment
Payment for goods is made, for customers with an account, upon receipt of the goods by credit card, check, or bank transfer.
Opening an account is done by sending a bank identity statement.
In case of payment incident on a previous order, payment may be required upon ordering.
For customers who do not have an account with us, payment is preferably made upon ordering by credit card.
The company's banking details are as follows:
For your transfers: ETS MICHEL VAILLANT
– BANQUE POPULAIRE
IBAN: FR76 1680 7000 8336 0527 8221 773
ARTICLE 9 - Late Payment
In case of total or partial late payment of the goods delivered on the day of receipt, the buyer must pay Michel VAILLANT company a late penalty equal to one and a half times the legal interest rate. The legal interest rate applied is the one in effect on the day of delivery of the goods.
This penalty is calculated on the amount excluding taxes of the sum remaining due and runs from the due date of the price without any formal notice being required.
If, within fifteen days following the implementation of this clause, the buyer has not paid the remaining sums due, the sale will be resolved. This situation may entitle Michel VAILLANT company to claim damages.
Furthermore, in accordance with Articles L.441-6 and D.441-5 of the Commercial Code, any late payment will automatically entail, in addition to the late penalties, the obligation for the debtor to pay a flat-rate indemnity of 40 euros for collection costs, knowing that we reserve the right to claim additional compensation, upon justification, when the collection costs incurred exceed the amount of the flat-rate indemnity.
ARTICLE 10 - Guarantees
The goods sold are guaranteed against any operational defect resulting from a material or manufacturing defect. The warranty is excluded: if the defective material or design comes from the customer, in case of misuse, if the defective operation results from the normal wear and tear of the goods, negligence, lack of maintenance, or if the defective operation results from force majeure.
ARTICLE 11 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products to the benefit of the Client will only be realized after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating to them will only be realized when the Client physically takes possession of the Products. Therefore, the Products travel at the Seller's risk and peril.
ARTICLE 12 - Right of Withdrawal
In accordance with the current legal provisions, the Client has a period of fourteen days from the receipt of 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, provided that the Products are returned in their original packaging and in perfect condition within at least 14 days following the notification to the Seller of the Client's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the website http://www.michel-vaillant.com, in which case an acknowledgment of receipt on a durable medium will immediately be communicated to the Client by the Seller, or by any other clear statement expressing the intention to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and the delivery costs are refunded; the return costs remaining the responsibility of the Client. If the buyer has opted for a delivery method incurring an additional cost (e.g., express, with signature...), they will be reimbursed based on a standard shipping method.
The exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the Products returned by the Client in accordance with the conditions provided in this article.
For products exceeding 30 kg, the buyer bears the cost of return shipping, which will be approximately equal to or higher by 10 to 15 euros compared to the delivery costs paid in the case of standard shipping.
ARTICLE 13 - Seller's Responsibility - Warranty
The Products sold on the website http://www.michel-vaillant.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products provided by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- of the legal conformity warranty, for apparently defective, damaged, or non-compliant Products,
- of the legal warranty against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered products, making them unsuitable for use, under the conditions and according to the modalities defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Warranty).
In order to assert their rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 30 days from the delivery of the Products or the existence of hidden defects within a maximum period of 30 days from their discovery.
The Seller will refund, replace, or repair the Products or parts under warranty judged non-compliant or defective.
The shipping costs will be refunded based on the invoiced rate, and the return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products judged non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's finding of the lack of conformity or hidden defect.
The refund will be made by crediting the Client's bank account or by bank check sent to the Client.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,
- in case of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as in the case of normal wear and tear of the Product, accident, or force majeure.
In any case, the Seller's warranty is limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 14 - Data Protection and Privacy
In accordance with Law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Client are necessary for processing their order and establishing invoices, notably.
These data may be communicated to the potential partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information communicated through the website http://www.michel-vaillant.com has been the subject of a declaration to the CNIL (National Commission for Information Technology and Civil Liberties).
The Client has, in accordance with the current national and European regulations, a permanent right of access, modification, rectification, and opposition regarding information concerning them.
This right can be exercised by postal mail addressed to Etablissements Michel Vaillant, 4 Boulevard du Chevran - 74300 Cluses; or by email at the address firstname.lastname@example.org.
ARTICLE 15 - Intellectual Property
The content of the website http://www.michel-vaillant.com 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 act of counterfeiting.
Furthermore, the Seller retains ownership of all intellectual property rights over photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) for the provision of Services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of the Seller, which may be conditional on financial consideration.
ARTICLE 16 - Retention of Title
The company Michel VAILLANT retains ownership of the goods sold until full payment of the price, including principal, fees, and accessories.
In this regard, if the buyer is subject to receivership or judicial liquidation, the company Michel VAILLANT reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
ARTICLE 17 - Applicable Law - Language
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
ARTICLE 18 - Disputes
All disputes to which the purchase and sale operations concluded in accordance with these general terms and conditions of sale could give rise, regarding their validity, interpretation, execution, termination, consequences, and follow-ups, and which could not be resolved between the seller and the customer, shall be submitted to the competent courts under common law conditions.
The Customer is informed that they may, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 534-7) or to existing sector-specific mediation bodies or any alternative method of dispute resolution (conciliation, for example) in case of dispute.
ARTICLE 19 - Pre-contractual information - Client's acceptance
The Customer acknowledges having been provided, prior to placing the order, in a clear and understandable manner, with these General Terms and Conditions of Sale and all the information and details referred to in Articles L111-1 to L111-7, and in particular:
- the essential characteristics of the Product, considering the communication medium used and the Product concerned;
- the price of the Products and additional costs (such as delivery, for example);
- if the contract is not immediately executed, the date or deadline by which the Seller undertakes to deliver the Product;
- information about the Seller's identity, postal, telephone, and electronic contact details, and activities, if they do not appear in the context;
- information about legal and contractual warranties and their implementation methods;
- the features of digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in case of dispute;
- information about the right of withdrawal (existence, conditions, deadline, exercise methods of this right, and standard withdrawal form), return costs of the Products, termination methods, and other important contractual conditions.
The act of a natural (or legal) person ordering on the website http://www.michel-vaillant.com implies full and complete adherence and acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Customer, who expressly waives, in particular, any contradictory document that would be unenforceable against the Seller.
INFORMATIONAL APPENDIX: Conformity Guarantee / Hidden Defects Guarantee
When the Customer acts under the legal conformity guarantee:
- They have a period of two years from the delivery of the item to act;
- They can choose between repairing or replacing the item, subject to the cost conditions provided in Article L211-9 of the Consumer Code;
- They are exempt from providing proof of the existence of the defect of conformity of the item during the six months following the delivery of the item;
- The legal guarantee applies independently of any commercial warranty that may be granted.
When the Customer acts under the legal guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, they can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.