Article 1 – Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the Seller to the Buyer, from the website www.vascoplan.com.
The present general terms and conditions only concern purchases made by "Buyers", natural persons, who are acting for purposes that fall within the scope of their commercial, industrial, artisanal or liberal activity.
For the purposes of these terms and conditions, "Seller" means the business in charge of the Buyer's order.
Article 2 – Entirety
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation.
The present general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels. They are available on the website www.vascoplan.com and will prevail, if necessary, over any other version or any other contradictory documents.
The Seller and the Buyer agree that these general terms and conditions which exclusively governs their relationship, pursuant to Article L. 441-6 of the French Commercial Code. The Seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
If a terms of sale were to be lacking, it would be considered to be governed by the regulations in force for the distance selling sector whose companies are based in France.
Article 3 – products
The reference and name of the products governed by these General Terms and Conditions are specified on the website www.vascoplan.com and are indicated when the Buyer places an order. They are supplied within the limits of available stocks. In any case, the photos of the products displayed on the website www.vascoplan.com are not contractual and cannot engage the responsibility of the Seller towards the Buyer.
Article 4 - The order
The order is validated by clicking on the "Order" button, after having ticked the box "I have read and accept the general terms and conditions of sale", indicating that the Buyer fully accepts this order and the entirety of the General Terms and Conditions.
Any confirmed order implies acceptance of the price corresponding to the Product(s) ordered.
Once the order has been validated, the Buyer receives written confirmation of the order by e-mail to the e-mail address provided. This confirmation shall state the amount invoiced and the terms of delivery of the order. The Buyer accepts that the order registration systems are proof of the purchase and its date.
If, during a previous order, the Buyer has failed to fulfil any of its obligations (e.g. failure to pay or late payment), the Buyer may be refused the sale, unless it provides satisfactory guarantees or cash payment. No discount for cash or advance payment will then be granted.
Article 5 - Sales abroad
In the event of an order destined for a country outside metropolitan France, the customer is de facto the importer of the product or products concerned. For all products shipped outside the European Union and French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may need to be paid. These rights and sums are not the responsibility of www.vascoplan.com. They are the responsibility of the customer, both in terms of declarations and payments to the competent authorities and organisations in their country. It is advisable to obtain information on these aspects from the local authorities.
Article 6 - Prices
The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in effect at the time of the order, subject to availability on that date.
They are indicated in pounds (excluding tax and including all taxes) and do not include delivery costs, which are invoiced in addition and indicated before the order is confirmed. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
Our bills are increased by invoicing, transport and logistics costs. The rates applied and the invoicing methods can be communicated to the buyer on request.
Article 7 - Offers and promotions
The discount vouchers cannot be combined in any way. No order placed may contain more than one discount coupon. The term "discount coupon" includes affiliation coupons, sponsorship coupons, abandoned basket coupons and birthday coupons.
Coupons that have expired are permanently lost, whether they are percentage or cash discounts.
Article 8 - Payment conditions
Purchases made on the website www.vascoplan.com are payable according to the following terms and conditions: cash payment (credit card or bank transfer)
Regardless of the method of payment agreed between the parties, payment shall only be deemed to have been made once the price has been effectively collected.
Article 9 - Delivery / Transport
Delivery shall be made in accordance with the stipulations on the order, subject to compliance with the terms of payment.
Deliveries are made with the manufacturers' tolerances on quantities, dimensions and quality characteristics, which the Buyer accepts at his own risk.
Delivery is understood to be :
- either by the dispatch of the products to the Buyer by the Seller or the supplier ;
- or, by making the products available to the Buyer in the Seller's or supplier's warehouse or depot, or any other intermediary specified by the Seller
- Delivery times
Delivery times are always communicated according to the possibilities of supply at the time of the order and are given as an indication only.
Any delay in delivery due to circumstances beyond the Seller's control shall not result in the cancellation of the order. The Seller shall not be liable for any loss resulting from such delay.
However, if the delivery of the products has not taken place 30 days after the indicative delivery date, for any other reason than force majeure, the sale may be cancelled at the request of either party after sending a registered letter with acknowledgement of receipt.
The Seller shall not be liable in the event of force majeure or events such as: lock-out, strikes, epidemic, war, requisition, fire, flood, tooling accident, delay in transport or any other cause leading to partial or total unemployment for the Seller or its suppliers.
The Seller shall inform the Buyer in good time of the cases and events listed above.
Any delay in delivery due to an event characteristic of force majeure will result, at the Seller's option, in either the outright termination of the sale or the extension of the delivery or availability deadlines, without either party being entitled to claim any other compensation.
In any event, delivery within the time limits can only take place if the Buyer has fulfilled all his obligations towards the Seller.
If the delivery is made available, the Seller undertakes to inform the Buyer in writing of the date of availability. The Buyer undertakes to take delivery of the products within 30 days of receipt of the notice of availability. After this period, storage costs will be charged to the Buyer without prejudice to any action that the Seller may take.
The mode of transport chosen by the Seller is contractually considered to be the most suitable for the delivery of the products shipped. Any discrepancy in this respect must be expressly requested by the Buyer.
Unless otherwise stipulated, transport operations are at the expense and risk of the Buyer, who is responsible for checking the number and condition of the products delivered upon reception of the delivery.
Article 10 - Reception of products - Return
By express agreement, unloading at the place of delivery is carried out exclusively under the responsibility of the Buyer, regardless of the participation of our driver or the carrier's driver in the loading operations.
The delivered products must be inspected within 48 hours of delivery.
Without prejudice to the measures to be taken with regard to the carrier, the Buyer must inform the Seller by registered letter with acknowledgement of receipt within the time limit set above of any apparent defects or lack of conformity of the products delivered.
After the above-mentioned time limit, any claim of any nature whatsoever shall be considered inadmissible.
Products delivered and conforming to the order may not be taken back, unless the Seller agrees. In this case, only returns of products listed in the current catalogue and in perfect condition in their original packaging may be accepted within 8 days of delivery. After a qualitative check of the returned products, a credit note will be issued with a 20% reduction to take into account the costs.
If the Buyer expressly or tacitly waives this acceptance, the products shall be deemed to have been delivered in accordance with the order.
The lack of conformity of a part of the delivery does not relieve the Buyer of his obligation to pay for the products for which there is no dispute.
Any defect or deficiency recognised after contradictory examination shall only oblige the Seller to replace, free of charge, the products recognised as defective, to the exclusion of any operating loss or additional damage.
Article 11 - Transfer of risks
The transfer of risk to the Buyer takes place upon delivery of the goods sold. The Buyer shall bear the risk for the goods sold as of their delivery and shall take care of the insurance thereof. The Buyer shall be entitled to resell the equipment subject to this clause in the course of its normal business.
Notwithstanding Article 1583 of the French Civil Code, the delivery of the products entails the transfer of risks to the Buyer, both for damage to the products and for damage caused to third parties.
The return of the products shall be at the expense and risk of the Buyer.
Article 12 - Warranties
We guarantee the manufacture of our products for a period of 2 years.
However, the guarantee for most of the solid surface material we use is 10 years (material defect).
Warranty - scope
The products sold are covered by the manufacturer's warranty. This warranty covers all hidden or apparent defects from the date of delivery.
The only obligation incumbent on the Seller under the warranty is, at its option, the free replacement or repair of products recognised as defective by the manufacturer, without any other service or compensation.
The interventions carried out under the warranty shall not have the effect of extending its duration.
The Buyer may not claim any compensation in the event of immobilisation of the product due to the application of the guarantee.
Warranty - exclusion
The Buyer shall lose the benefit of the legal and conventional guarantees, particularly in the event of
- abnormal or abusive use of the product;
- any error in handling or lack of maintenance of the products;
- repairs or any interventions carried out by persons other than the Seller or not approved by him or by the manufacturer, or if these interventions do not comply with the instructions;
Warranty - Limits
The Seller's liability is limited to the repair or replacement of products recognised as defective or with a manufacturing, labelling or packaging defect. The Seller's services will have the possibility to investigate the alleged defects. All other warranties, express or implied, are excluded. No liability will be accepted for loss or damage, direct or indirect, howsoever caused.
Article 13 – Personnel data