GENERAL TERMS AND CONDITIONS OF SALE

Last upgrade October 7th, 2020.

Brand name : VFLUO

Web site : https://vfluo.com

Company : VFACTORY SAS

According to Article L441-6 of the French Commercial Code and to Article L111-1 of the French Consumer Code.


Article 1 : APPLICATION OF THE CONDITIONS

The salesman is defined below as the SAS of corporate name : VFACTORY ("VFACTORY") and trade name / commercial sign : VFLUO which providing website and other products and services functionality when you visit or buy on the internet web site https://vfluo.com (the "internet web site").

The salesman is defined below as being any natural or legal person, company, Acheteur est définit ci-dessous comme étant toute personne physique ou morale, corporation, society, association, private individual using the internet website signatory and accepting the present general terms and conditions of sale. The general terms and conditions of sale apply exclusively to all sales concluded by VFACTORY both for its own account that form its principals. All other conditions engage the salesman only after written confirmation of its share. The giving informations on the web site for catalogues, photographs, price list, notes, etc. are given only as an indication and can, for this reason, being modified by the salesman without notice. The only fact to place an order or to accept an offer of the seller includes approval unconditionally of present general terms and conditions of sale. The present general terms and conditions of sale can be modifies constantly and without notice by VFACTORY, the modifications are being then applicable to all posterior orders. The purchaser acknowledges the fact that his agreement concerning the contents of the present general terms and conditions of sale, does not require the handwritten or electronic signature of this document, as far as the customer wishes to order products presented within the framework of the shop of the web site. The purchaser is considered for accepting without reserve the completeness of measures foreseen in these present general terms and conditions of sale.
Our general terms and conditions of sale are governed by the French law. The purchase of an article from a third country, does not engage the responsibility for VFACTORY in the event of non possible respect of the legislation of the aforesaid country.


Article 2 : ORDERS


2-1 : PRODUCTS DESCRIPTION 

The essential characteristics of the products are indicated in the card produces containing generally a photograph of the product and indicating its characteristics. Informations and photographs on the products do not enter in the contractual field. If errors were introduced there, to in no case, the  responsibility for VFACTORY could not be committed. Our supplier can change without notice the technical compositions of the products references. VFACTORY is constantly in right to reactualizes, improve its cards or to withdraw sale its products and / or peripheral products.


2-2 : PRODUCT AVAILABILITY

Offers are valid within the limit of the stocks available from our suppliers. In case of estimate, the offer will remain valid seven days frank except contrary stipulations ranges on this one. In case of a products ordered becomes unavailable, VFACTORY can provide a product with equivalent quality and price. Our offers are valid subject to availability from our suppliers. We undertake to inform you via email in the eight day frank and to indicate you a waiting delay for the reception of this product in case of availability after placing your order. In case there is a partial or total unavailability of the products, VFACTORY may be compelled to split the order. Thus, the available products may be sending when the entire of others products will be available. In case of unavailable of the product ordered, including the fact of our suppliers, the purchaser will be informed at the earliest and will be able to cancel the order. The purchaser may then have the choice to ask for a refund of the amount paidL’Acheteur aura alors le choix de demander le remboursement des sommes versées within 30 days before their payment, by cheque or by another way, or waiting de availability and shipping products.


2-3 : STEPS TO COMPLETE YOUR ORDER

At the time of the first order by the web site, all new purchaser must create one « client account ». An identifier or « login » and a password of at least six alphanumeric will be required. At the time of each order validation, your will be redirected towards your account via a protected connection pointing out the contents of your order. Your order will be definitively recorded after informations and final validation. When you validates the order by selecting a mean of payment, the sale is reputed concluded. The validation of the purchaser in conformance with the order from constitutes an electronic signature which has the same value between the parts as a handwritten signature. n° 2000-230 of 13 March 2000 Law on the adaptation of the law of evidence law to information technologies, relative to electronic signature, 1316-1 Article of the Civil Code, relating to electronic signature. VFACTORY reserves the right to cancel or refuse any order of a purchaser with whom there is a dispute concerning payment of a previous order.

Professionals in the resellers access : A reseller space exist, access to chic requires a validation. VFACTORY reserves the right to accept or refuse the access to all natural or legal person. Access is reserves to natural or legal persons disposing and communicating to FACTORY its SIRET number L'accès est réservé aux personnes physiques ou morales disposant et communiquant à VFACTORY son numéro SIRET et with the objective to sell the products to its own customers.


2-4 : ORDER CANCELATION

The order made through the website can be cancelled if any payment is received within 8 clears days.As soon as the buyer has confirmed his order, he is considered to be aware and have fully and unreservedly accepted the general conditions & terms. The prices, products and quantities proposed at the sale and ordered. The ordering of the Purchaser will have to be confirmed by VFACTORY by sending an e-mail. The sale will only be considered as definite once the Seller has sent the Buyer the confirmation of acceptance of his order and roadbed by this one of the entirety of the price. VFACTORY recommends to the Purchaser to store these information on a paper document or data processing.

Article 3 : PRICES

The prices on the website are indicated in euros (€) or other available currencies, excluding delivery costs and any technical costs that will be indicated before the order is validated. The prices appearing on your order after its validation and registration are firm and final. If prices decrease after your order, we will not be able to compensate you for the difference. If prices increase, we undertake to deliver to you at the price fixed on the day of the order. 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 instalments. The collection of the total amount of the order will be made at the time of validation of the order or in case of payment by check or bank transfer, upon receipt.

Professionnals in the reseller access : prices are indicated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. The proposed rates include the discounts and rebates that VFACTORY would have to grant according to the quantities acquired or the results.


Article 4 : DELIVERY

VFACTORY undertakes to do its utmost to deliver the orders placed on the site within the time limits indicated for information purposes, as soon as the order has been validated by the customer. Delivery will be made to the address indicated by the customer and where the customer undertakes to receive the ordered product. In the event of an error in the wording of the contact details, the seller cannot be held responsible for any inability to deliver the product. The products will be sent to the customer by the mode chosen by the latter, when this choice is authorized for the ordered product(s) and during the ordering phase. Transport costs, if any, are to be borne by the customer and the amount is indicated on the summary of the order. Attention, the ordered articles travel at the risk and peril of the recipient: when the order is delivered, the customer must carefully check the condition of the package and make any reservations with the carrier in case of missing or damaged. Any delays in delivery do not entitle the customer to cancel the sale, refuse the goods or claim damages. Any complaint for non-compliance or missing items must be sent within 48 hours of receipt of the order. To do this, the customer must contact VFACTORY by email, or by post, specifying the reason for the return and the invoice number. Under no circumstances may an order be returned without the prior agreement of VFACTORY. The possibility of return only concerns products that have not undergone any modification or alteration and must be in their original packaging.

Delays in delivery attributable to the carrier of the goods shall not entitle the carrier to a refund of shipping costs. By express agreement, no case of force majeure preventing delivery can be attributed to VFACTORY. Are considered as force majeure or exceptional events by law LOCK-OUT, strike, total or partial work stoppage at the seller or at his suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, etc. the Seller is released from all responsibilities on delivery. The seller will keep the Buyer informed in a timely manner of the cases and events listed above. In all cases, timely delivery can only take place if the Buyer is up to date with its obligations towards the Seller, regardless of the cause.


Article 5 : CLAIMS, GUARANTEES, RETURNS

For any complaint, we invite you to contact us by going to the contact form on our website: contact us. You benefit from the provisions of the legal guarantee of non-compliance and hidden defects. The Purchaser is expressly informed that VFACTORY is not the producer of the materials presented on its site, within the meaning of Law L98-389 of 19 May 1998 on liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the material, VFACTORY is not liable. The goods that we market as a reseller/processor follow the manufacturer's warranty regime that we undertake to respect after agreement with the manufacturer. The fact of a complaint in no way relieves the Purchaser of his obligations to pay the invoice within the agreed time limits. Any refund or credit notes shall be issued upon receipt of the goods whose dispute has been duly recorded and accepted by VFACTORY. The costs incurred for the return of the goods for any reason whatsoever are the sole responsibility of the Purchaser. No return postage due will be accepted.

With the exception of deliveries in France, we decline any responsibility in the event that the delivered item does not comply with the legislation of the country of delivery.

We are committed to provide all the care required in the profession for the implementation of the service offered to the client. Nevertheless, we cannot be held liable for any delay or breach of our contractual obligations if the delay or breach is due to a cause beyond our control: fortuitous event or force majeure case as defined by the applicable law.

Our responsibility will not be engaged in case of delay due to a stock shortage at the supplier. In addition, we will not be held liable for minor differences between the presentation photos of the articles and texts displayed on the website, and the products delivered.

We use all the means at our disposal to provide the services covered by these General Terms and Conditions of Sale. We are liable for any direct and foreseeable damage at the time of use of the Website or the conclusion of the sales contract between us and you. In the course of our dealings with professionals, we shall not be liable for any loss of profits, business losses, loss of data or loss of profit or any other indirect or consequential damages that were not foreseeable at the time of use of the Website or the conclusion of the sales contract between us and you.

The limitation of liability referred to above shall not apply in the event of fraud or gross negligence on our part, in the event of personal injury or liability for defective products, in the event of eviction and in the event of non-compliance (including due to hidden defects).


Article 6 : MARKING, DESIGN, PERSONALIZATION

VFACTORY declines all responsibility for the use of the products delivered. The logos of brands different from those belonging to VFACTORY present on this site are in no way the property of VFACTORY. They are often protected by copyright and the use of these logos implies that its owner authorizes you to do so. The use of these logos without authorization is under your full responsibility. VFACTORY reserves the right to refuse any order that it deems contrary to the texts and laws in force in France concerning the protection of the image of natural and legal persons. When, for a content-related reason, VFACTORY has refused an order, VFACTORY undertakes to notify the customer concerned by e-mail. VFACTORY declines all responsibility for the documents entrusted to it in the event of loss, theft or damage for any reason whatsoever. The buyer, by simply ordering, undertakes never to send originals and to send only copies. VFACTORY will do its utmost to return any document provided by the customer to the billing address. Regarding the colours of the markings, we would like to point out that they may vary according to the supports and the marking technique used. The preparation of texts and drawings will be invoiced to you on the basis in force on the day of the order by different texts or drawings. This invoicing applies to each order or order renewal. This amount is fixed regardless of the number of references ordered, with the same marking. Before the final printing of the ordered products, a “Press proof document” will be submitted to you for acceptance. The acceptance of this "Press proof document" releases us from any responsibility, it allows us to check the texts and drawings before the final printing. We decline all responsibility for the ownership of the markings that we reproduce on behalf of the Buyer. It is therefore up to him to make the necessary prior searches to ensure this.

Companies and brands: if you want your logo to no longer be available on this site, contact us via the contact form: contact us.


Article 7 : 14-DAY RIGHT OF WITHDRAWAL, RESERVED FOR INDIVIDUALS

Unless one of the exceptions listed below applies, you may withdraw from your order without giving any reason within 14 days of the date on which you, or a third party designated by you (other than the carrier), have physically taken possession of the purchased products or concluded the sales contract in the case of a service.

The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization which can be obtained via the contact form: contact us.


EFFECTS OF WITHDRAWAL

We will refund all payments we have received from you, including standard shipping charges (the cheapest delivery we offer) no later than 14 days from receipt of your withdrawal request. We will use the same payment method as you used when you placed your initial order, unless you expressly agree to a different method. In any event, this refund will not result in any additional costs for you. We may defer the refund until we have received the product(s) or until you have provided proof of shipment of the product(s), whichever comes first. If the refund is made after the deadline mentioned above, the amount due to you will be automatically increased.

Please note that you must return the product(s) in accordance with the instructions provided to you, no later than 14 days from the date on which you notified us of your withdrawal decision.

The return of goods is at your expense, risk and peril. You will be responsible for any depreciation in the value of the product(s) resulting from handling (other than those necessary to establish the nature, characteristics and proper functioning of the product(s)). In the event that you exercise your right of withdrawal, you have the option of requesting either a refund of the sums paid or an exchange of the products. In the case of an exchange, the reshipment will be at your expense.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to:

  • the delivery of products that you have detached or that are incomplete;
  • the delivery of product(s) that have been made to your specifications or clearly customized;
  • the provision of services fully performed by VFACTORY for which you have accepted at the time of placing your order that we begin their performance, and waived your right of withdrawal.

Article 8 : RESERVATION OF PROPERTY

In accordance with French Law No. 80-335 of 12 May 1980 on the effects of retention of title clauses in sales contracts, the goods to be delivered and invoiced to the Purchaser shall remain the property of VFACTORY until full payment of their price. Failure to pay may result in VFACTORY claiming the goods, the return being immediate and the goods delivered at the Buyer's expense, risk and peril. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as any damage caused by the Buyer, remains at his expense. The Buyer undertakes, in the event of legal redress proceedings affecting his company, to participate actively in the establishment of an inventory of the goods in his stocks and of which the Seller claims ownership. Failing this, the Seller shall be entitled to have the inventory recorded by a bailiff at the Buyer's expense. The seller may prohibit the buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is the Buyer's responsibility to assign the claim to us and if payments on these claims are made, they must be forwarded to us for acceptance. To guarantee payments not yet made and in particular the balance of the Buyer's account in the Seller's records, it is expressly stipulated that the right relating to goods delivered but not paid for will apply to identical goods from the Seller in stock at the Buyer's premises, without the need to apply the payments to a specific sale or delivery.

Article 9 : RESOLUTORY CLAUSE

In the event of non-compliance with one of the Buyer's obligations, the sale may be terminated automatically and the goods returned to the Seller if it deems it appropriate, without prejudice to any damages that the Seller may claim against the Buyer, within 48 hours of the ineffective notice of default. In this case, the Seller is entitled to claim from the Buyer a fixed compensation of 10% of the amount of the sale.

Article 10 : PAYMENT

Any payment made to VFACTORY shall not be considered as a deposit or a down payment.

10.1 : PAYMENT METHOD

Payments must be made in such a way that the Seller can dispose of the sums on the due date indicated on the invoice. Payment is made, unless otherwise specified on the website or granted to companies after studying their file, at the time of order:

  • By Credit Card (valid for at least one month for a cash payment and six months for a split payment). The entry of banking information is made via a secure server to ensure the security and confidentiality of the information provided during the banking transaction.
  • By bank transfer, to the address given to you. The costs being the responsibility of the Purchaser. VFACTORY reserves the right to ask you for a bank cheque in the event that the sums involved are significant. In the event that the Seller accepts payment by draft, the Buyer must return it accepted and domiciled within eight clear days. The costs are to be borne by the Purchaser, if the accepted draft is not returned within the specified period, payment will become immediately due.


10.2 : LATE PAYMENT

In the event of non-payment in whole or in part of the goods delivered on the day of receipt, the buyer must pay VFACTORY a late payment penalty equal to five times the legal interest rate. The legal interest rate used is that in force on the day of delivery of the goods. This penalty is calculated on the amount including VAT of the amount still due, and runs from the due date of the price without any prior formal notice being necessary. In addition to the late payment compensation, any sum, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for recovery costs. Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.

If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the outstanding amounts, the sale shall be automatically cancelled and may give rise to the right to compensation for damages in favour of VFACTORY.


10.3 : SUPPORTING DOCUMENTS

For reasons of fraud limitations, VFACTORY reserves the right to accept an order to ask you to prove your identity and place of residence, and the means of payment used. In this case, your order will be processed as soon as we receive these documents. We reserve the right to cancel your order if we do not receive these documents or if we do not receive documents deemed to be in conformity.

Article 11 : INTELLECTUAL PROPERTY

All elements of the website, whether visual or audio, texts, illustrations, photographs, documents and other elements, are protected by copyright, trademarks and patents. They are the exclusive property of VFACTORY. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited, without the prior written consent of VFACTORY. Any reproduction, even partial, of the elements of the VFACTORY website without our written consent is prohibited, in accordance with French Law No. 57-298 of 11 March 1957 on literary and artistic property and Amended by French Law No. 2009-669 of 12 June 2009 - art. 21 of the French Intellectual Property Code. Except in the cases provided for in Article L122-5 of the said Code and would constitute an infringement punishable by the French Criminal Code.


Article 12 : LIABILITY

VFACTORY cannot be held liable for any damage of any kind, whether material or immaterial or bodily, which could result from a malfunction or misuse of the products marketed. VFACTORY's liability shall in any event be limited to the amount of the order and may not be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products.

VFACTORY is not liable for any contravention or withdrawal of points from the driving licence relating to the use or misuse of one of its products.

VFACTORY is released from any liability in the event of an accident, whether or not caused by fault, for any reason including or not a lack of visibility of the user.

Finally, VFACTORY disclaims any liability for any damage to equipment that may result from the use of its products, stickers or other products, as users are fully aware of this risk.


Article 13 : INFORMATION AND LIBERTY

The provision of personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders and the preparation of invoices. The lack of information leads to the non-validation of the order. In accordance with the French Data Protection Act, the processing of personal information relating to VFACTORY's customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). This information may also be communicated to VFACTORY's contractual partner suppliers involved in the execution of this order. Through us, you may receive commercial proposals from other partner companies. If you do not wish to receive them, simply contact us using the contact form: contact us, to oppose such communication, or to exercise your rights with regard to the information concerning you and contained in VFACTORY's files. In accordance with French Law No. 78-17 of 6 January 1978 on data processing, files and individual liberties, consolidated version as at 14 May 2009, you have the right to object (Article 26), the right of access (Articles 34 to 38) and the right to rectify (Article 36) data concerning you. Thus, you may require that information about you that is inaccurate, incomplete, ambiguous, outdated or whose collection or use, disclosure or retention is prohibited be rectified, completed, clarified, updated or deleted. If you wish to use this right, simply write to us by post at the following address: VFACTORY - 9 rue de la Gare, 67980 HANGENBIETEN, on our contact form: contact us.

Article 14 : COMPUTER PROBLEMS

The buyer is familiar with the characteristics of the Internet computer network and in particular the possibility of connection interruption, server failures, electrical problems or other problems (the list is not exhaustive). VFACTORY cannot be held responsible for the consequences of such events and will be released from any obligation to the Buyer. No claim may give rise to any compensation or penalty whatsoever.


Article 15 : NON-PARTIAL VALIDATION

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared invalid pursuant to a law, decree, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.


Article 16 : APPLICABLE LAW

These general terms and conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The registers and computer files of VFACTORY shall be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. All disputes relating to the formation, execution and termination of contractual obligations between the parties that cannot be settled amicably will be submitted to the French courts. The fact that VFACTORY does not avail itself at a given time of one of the clauses of these general terms and conditions of sale may not be considered as a denunciation to subsequently avail itself of these same clauses.

Article 17 :  ATTRIBUTIVE CLAUSE OF JURISDICTION

For all disputes and controversies, whatever their nature or cause, only the courts of Strasbourg shall have jurisdiction, even in the event of summary proceedings, warranty claims or multiple defenders. However, VFACTORY reserves the right to bring an action before any other competent court. Acceptances, drafts, mandates, conditions of carriage do not constitute any innovations or derogations from this clause.

HEADQUARTERS:

VFACTORY SAS

9 rue de la gare
67980 Hangenbieten

Téléphone : 09 80 95 38 96
Email via the contact form: Contact us


SIRET : 814 907 358 00018
NAF Code: 4791B
Intracommunity VAT number : FR 46 814 907 358
RCS and RM Strasbourg 814 907 358




Logo VFLUO - V - Salut motard rétro réfléchissant - Barry Sheene