General Terms and Conditions – Private Individuals
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 do not 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 reserves the right to modify these 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.
The Buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sales and of all the information listed in Article L. 221-5 of the French Consumer Code.
Article 3 – product information
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
4.1 Product selection
The Buyer may place an order online using the form provided, for any product, subject to availability. The Buyer finalizes the selection by clicking on the "Checkout" tab to view the list of product(s) ordered.
4.2 Buyer's identification
IF the Buyer already has a user account on the site www.vascoplan.com
After having selected the products, the Buyer identifies himself by means of his e-mail address and his password.
Once identified, the buyer selects the delivery address and billing address.
If the Buyer does not yet have a user account on the website
After having selected the products, the Buyer will have to create his account in the space reserved for this purpose, by filling in the necessary information.
That persone then confirms the delivery address and the billing address.
4.3 Order confirmation
After selecting the product(s) and identifying oneself, the Buyer validates the order 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 oneself fully accepts this order and the entirety of the general terms and conditions of sale without reservation.
Any confirmed order implies acceptance of the price corresponding to the Product(s) ordered.
Once the order has been confirmed, the Buyer shall receive written confirmation of the order by e-mail to the e-mail address provided by the Buyer. This confirmation shall state the amount invoiced and the terms of delivery of the order as well as the address of the Seller.
Article 5 - Proof of transaction
The computerised registers, kept in the Seller's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 6 – Price
The Seller reserves the right to change 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.
The prices are indicated in pounds. They do not take into account shipping costs, which are invoiced in addition and indicated before the order is validated. The prices are indicated both before and after tax. 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.
If one or more taxes or charges, in particular environmental taxes, are created or modified, either increased or decreased, this change may be reflected in the price of the products.
Article 7 - Terms of payment
Orders are paid for online, by credit card (Visa, MasterCard or other): the Buyer's account will be debited within 24 to 48 hours.
Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment.
The Website is subject to a security system: the SSL encryption process, reinforced by a set of scrambling and encryption to protect all sensitive data linked to payment methods.
Article 8 - Retention of Tittle / transfer of risk
The delivered products remain the property of the Seller until full payment of the price. Failure to pay may result in their recovery.
The risk of loss or deterioration is nevertheless transferred to the buyer as of the delivery of the products.
Article 9 - Shipping
Delivery is made to the address indicated on the order form, in accordance with the stipulations on the order, subject to compliance with the payment terms.
It is to be understood:
- or, by sending the products to the Buyer;
- or by making them available to the Buyer by the Seller or the supplier or any other intermediary specified by the Seller.
The Buyer may at any time follow the processing of the order on the website under the heading "my account". Deliveries are made according to the deadlines indicated on the website www.vascoplan.com depending on the delivery method chosen at the time of the order. The delivery time starts from the moment the Seller sends an e-mail to the Buyer indicating that the order is being prepared. In any event, the Seller undertakes to deliver the product(s) to the Buyer within a maximum of 30 days from the order confirmation. If this deadline is exceeded by more than 7 days and except in cases of force majeure, the Buyer shall have the right to terminate the contract concluded with the Seller by registered letter with acknowledgement of receipt. In this case, the Seller undertakes to refund the Buyer within 14 days of receipt of the registered letter.
Delivery costs are calculated directly on the website according to the mode of transport. The Seller may have specific pricing for heavy products, i.e. packages weighing more than 31 kg and so-called bulky products longer than 2x1 metres.
Article 10 – Returns
Upon delivery of the order, the Buyer must ensure that the order is accurate. If at the time of delivery, the original packaging is damaged, torn or open, the Buyer must check the condition of the items. If they have been damaged, the Buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
he Buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomalies concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).
This verification is considered to have been carried out as soon as the Buyer, or a person authorised by him, has signed the delivery note.
The Buyer must then confirm these reservations to the carrier by registered mail at the within two working days following the refusal of the item(s) and send a copy of this letter by fax or ordinary mail to the Seller at the address indicated in the order confirmation e-mail.
If the products need to be returned to the Seller, a request for their return must be made to the Seller within 8 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.) and will result in a credit note.
Article 11 - Right of withdrawal
In accordance with the regulations in effect, for any purchase of a Product made on the www.vascoplan.com website, the Buyer has a withdrawal period of fourteen (14) days from the time of delivery of the Products, allowing a cancellation of the order in whole or in part, without providing a reason for the decision. Custom-made products cannot be subject to the right of withdrawal.
This right of withdrawal must be made by means of the form available in Annex 2 of these General Terms and Conditions of Sale, which must be sent to the Seller, at the address indicated in the order confirmation e-mail, so that the latter can send the Buyer a return form indicating the address to which the products must be returned.
The Product(s) must be returned in their original packaging, along with all accessories and instructions, in good condition, and with their invoice, at the latest within fourteen (14) days following the exercise of the right of withdrawal by the Buyer.
The Seller then undertakes to refund the Buyer the amount of the order (including shipping costs), within a maximum of fourteen (14) days from the date of collection of the products or receipt of the proof of shipment of the products. The return costs are at the expense of the Buyer.
The refund will be made using the same payment method as the one used to place the order.
Article 12 - Product warranty
The Seller guarantees the conformity of the goods, allowing the Buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects of the item sold within the meaning of Articles 1641 et seq. of the French Civil Code. In the event of implementation of the legal guarantee of conformity, it is reminded that :
- the Buyer has a period of 2 years from the delivery of the goods to act;
- the Buyer may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;
In addition, it is reminded that the Buyer benefits from a guarantee against any defect in the processed material "supplier" granted specifically for all products manufactured in solid surface of the Corian® or Krion® brands directly, without the Seller being responsible for the terms and conditions of said guarantee.
Finally, the Buyer is expressly informed that the Seller is not the producer of the products presented within the meaning of Law No. 98-389 of May 19th, 1998 concerning liability for defective products.
Article 13 - Force majeure
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be deemed to be grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of its existence and of its ending.
shall be considered as force majeure all facts or circumstances that are unavoidable, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, breakdown of telecommunication networks or difficulties specific to telecommunication networks external to the Buyers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the aggrieved party.
Article 14 - Data protection
In the absence of express opposition on the Buyer's part, the Buyer gives consent to the use of the nominative data collected under the terms of his order, in the Seller's customer file, as well as to the distribution of this data to third parties, provided that a contractual link unites the Seller or the company VASCOPLAN to these third parties.
In accordance with the French law n° 78-17 of 6 January 1978 relating to information technology, files and freedoms, the Purchaser has the right to access and rectify his or her personal data at any time.
Article 15 - Mediation
The Buyer may seek conventional mediation, in particular with the French Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 16 - Governing laws
The present general terms and conditions are subject to the application of French laws, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Buyer shall first contact the Seller to obtain an amicable solution.
ANNEX 1 - Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
The Seller shall deliver goods in conformity with the contract and shall reply to any questions about defects in conformity existing at the time of delivery.
The Seller will also reply to any questions on lack of conformity resulting from the packaging, the assembly instructions or the installation if the latter was made responsible by the contract or if it was carried out under the Seller's responsibility.
Article L217-5 of the French Consumer Code
The goods are in conformity with the contract :
1° If it is fit for the purpose usually expected of similar goods and, if applicable :
- if it corresponds to the description given by the Seller and has the qualities that the Seller presented to the Buyer in the form of a sample or model ;
- if it has the qualities that a Buyer may legitimately expect in view of the public statements made by the Seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the Buyer, brought to the attention of the Seller and accepted by the latter.
Article L217-12 of the French Consumer Code
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-16 of the French Consumer Code
When the Buyer asks the Seller, during the course of the commercial guarantee granted at the time of the acquisition or repair of a personal property, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remains to run.
This period shall run from the date of the Buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the French Civil Code
The Seller is bound by the warranty for hidden defects of item sold which make it unfit for the use for which it was intended, or which diminish this use so much that the Buyer would not have acquired it, or would only have paid a lesser price for it, if the hidden defects were known.
Article 1648 of the French Civil Code
The action resulting from redhibitory defects must be filed by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the claim must be brought forward, at the risk of foreclosure, within one year of the date on which the Seller may be relieved of the defects or apparent lack of conformity.
ANNEX 2 - Withdrawal form
In accordance with the regulations in effect, for any purchase of product made on the website, you have a withdrawal period of fourteen (14) days from the date of delivery of the products, allowing you to cancel all or part of your order.
In order to exercise your right of withdrawal, please complete this form and return it to us by post to the address indicated on your order confirmation e-mail.
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following product (*)/for the service provision (*):
Ordered on .../.../.... and received on .../.../....
Order number: ..........................................................................................
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper): [...] "
(*) Cross out what does not apply.
Products must be returned in their original packaging, with all accessories and instructions, in good condition, and with their invoice.
Custom-made products cannot be subject to the right of withdrawal.