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, 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 information on the website for catalogues, photographs, price list, notes, etc. are given only as an indication and can, for this reason, be 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 modified at any time and without notice by VFACTORY, the modifications will then be applicable to all posterior orders. The Purchaser acknowledges the fact that their agreement concerning the content 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 website. 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 in compliance with 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 and generally go with a photograph of the product indicating its characteristics. Information and photographs of the products do not enter the contractual field. If errors were introduced there then 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 the right to actualize, improve its cards or to withdraw sales of 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 clear days except contrary stipulations ranges on this one. In case of unavailability of an ordered product, VFACTORY can provide a product of an equivalent quality and price. Our offers are valid subject to availability from our suppliers. We undertake to inform you via email on the eight clear day and to indicate to 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 sent when all the others products would be available. In case of unavailability of the ordered product, for instance due to 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 paid within 30 days before their payment, by cheque or by another way, or waiting for the products to be available and shippable. 


2-3 : STEPS TO COMPLETE YOUR ORDER

At the time of one’s first order on the website, all new purchasers must create a « client account ». An identifier or « login » and a password of at least six alphanumeric characters 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. One’s order will be definitively recorded after one gives said information and agrees to the final validation. When one validates the order by selecting a means of payment, the sale is reputedly concluded. The validation of the Purchaser in conformance with the order 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 reseller access: A reseller area exists, whose access is subject to validation. VFACTORY reserves the right to accept or refuse access to any natural or legal person. Access is reserved for natural or legal persons who have and communicate to VFACTORY their SIRET number and whose objective is to resell the products to their own customers.


2-4 : ORDER CANCELLATION

The order placed on our website may be cancelled if payment is not received within 8 clear days. From the moment the Buyer has validated his order, he is considered to have accepted with full knowledge of the facts and to have adhered without restriction or reserve to the present general conditions of sale. The prices, volumes and quantities of products offered for sale and ordered. The Purchaser's order shall be confirmed by VFACTORY by sending an email. The sale shall only be deemed final after this confirmation email has been sent and the full price has been paid. VFACTORY recommends that the Purchaser keep this information on a paper or electronic document.

Article 3 : PRICES

The prices shown on the website are indicated in euros (€) or other available currencies, excluding delivery costs and any technical costs which will be indicated before the validation of the order. The prices appearing on your order after its validation and its recording are firm and final. If the prices go down after your order, we will not be able to compensate you for the difference. If the prices increase, we commit ourselves to deliver to you at the price fixed the day of the order. The payment of the totality of the price must be realized at the time of the order. At no time, the paid sums could be regarded as deposits or installments. The collection of the total amount of the order will be made at the time of the validation of the order or in case of payment by transfer, at the time of its reception.

Professionals in the resellers access: the prices are indicated without taxes. Consequently, they will be increased by the rate of VAT and transport costs applicable on the day of the order. The proposed prices include the discounts and rebates that VFACTORY may grant according to the quantities purchased or according to the results.

Article 4 : DELIVERY

VFACTORY undertakes to do its utmost to deliver orders placed on the site within the times indicated for information purposes, as soon as the order has been validated by the customer. The delivery will be made to the address indicated by the customer and where the customer agrees to receive the product ordered. In case of error in the wording of the coordinates, the salesman could not be held responsible for the person in charge of the impossibility in which it could be to deliver the product. The products will be sent to the customer by the method chosen by the latter, when this choice is authorized for the product(s) ordered and during the ordering phase. Transport costs, if any, are at the customer's expense and the amount is indicated on the order summary. Attention, the ordered articles travel at the risks and dangers of the recipient: at the time of the delivery of the order, the customer must carefully check the state of the parcel and make possible reserves with the conveyor in the event of missing product or of degradation. Possible delays in delivery do not give the customer the right to cancel the sale, to refuse the goods or to claim damages. Any complaint for non conformity or missing object at the delivery will have to be transmitted in the 14 days 48H following the reception of the order. To do so, the customer must contact VFACTORY by email or registered mail, specifying the reason for the return and the invoice number. Under no circumstances may an order be returned without prior agreement from VFACTORY. The possibility of return only concerns products that have not been modified or altered in any way and must be returned in their original packaging.

Delays in delivery attributable to the carrier of the goods shall not entitle the purchaser to a refund of shipping costs. By express agreement, no case of force majeure preventing delivery shall be attributable to VFACTORY. The following shall be deemed to be force majeure or exceptional events by law: LOCK-OUT, strike, total or partial work stoppage at the Seller's premises or at the Seller's 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 shall be released from all liability upon delivery. The Seller shall keep the Buyer informed in a timely manner of the cases and events listed above. In all cases, timely delivery shall be made only if Buyer is current in its obligations to Seller for any reason.

Article 5 : CLAIMS, GUARANTEES, RETURNS

For any complaint, we invite you to contact us by going to the contact form on our site: contact us. You benefit from the provisions of the legal guarantee against non-conformity and hidden defects. The Buyer 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 case of damage caused to a person or a good by a defect of the material, VFACTORY is released from any responsibility. The goods we sell as a reseller/processor are subject to the manufacturer's warranty system, which we undertake to respect after agreement with the manufacturer. The fact of a complaint does not release the Buyer from his obligations to pay the invoice within the agreed time. Reimbursement or credit notes, if any, shall be established upon receipt of the goods for which the dispute has been duly noted and accepted by VFACTORY. The costs incurred for the return of goods for any reason whatsoever shall be borne exclusively by the Purchaser. No returns with postage due shall be accepted.

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

We commit ourselves to bring all the care in use in the profession for the implementation of the service offered to the customer. Nevertheless, our responsibility will not be retained in case of delay or failure to meet our contractual obligations if the delay or failure is due to a cause beyond our control: fortuitous event or force majeure 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, our responsibility will not be engaged in case of minor differences between the presentation photos of the articles and the texts displayed on the website, and the delivered products.

We implement all the means at our disposal to ensure the services objects of the present General Conditions of Sale. We are responsible for any direct and foreseeable damage at the time of the use of the Website or the conclusion of the sales contract between you and us. In the context of our relations with professionals, we shall not be liable for loss of profits, loss of business, loss of data or loss of earnings or any other indirect damage or damage that was not foreseeable at the time of the use of the Website or the conclusion of the sales contract between you and us.

The above limitation of liability shall not apply in the event of fraud or gross negligence on our part, in the event of personal injury or product liability, in the event of eviction and in the event of non-conformity (including hidden defects).

Article 6 : MARKING, DESIGN, PERSONALIZATION

VFACTORY declines all responsibility for the use of the products delivered. The logos of brands other than those belonging to VFACTORY present on this site are in no way the property of VFACTORY. They are often protected by a copyright and the use of these logos supposes that their owner authorizes it to you. The use of these logos without authorization is under your entire responsibility. VFACTORY reserves the right to refuse any order that seems to be contrary to the texts and laws in force in France concerning the protection of the image of natural and legal persons. When, for a reason related to the content, VFACTORY has refused an order, VFACTORY undertakes to inform the customer concerned by e-mail. VFACTORY declines all responsibility for the documents entrusted to it, in the event of loss, theft or deterioration for any reason whatsoever. The purchaser, by the mere fact of ordering, undertakes never to send originals and to send only copies. VFACTORY will do its utmost to return any document supplied by the customer to the billing address. Concerning the colors of the markings, we specify that these can vary according to the supports and the technique of marking used. The preparation of the texts and drawings will be invoiced on the basis of the order date for each different text or drawing. This invoicing is for 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 "Good to Print" will be submitted to you for acceptance. The acceptance of this " Bon à Tirer " 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 thus up to him to make the necessary anteriority research in order to make sure of it.

Companies and brands: you would like your logo to be removed from this site, contact us via the contact form.

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 from the date on which you, or a third party designated by you (other than the carrier), take physical possession of the products purchased or conclude the sales contract in the case of a service.

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.


EFFECTS OF WITHDRAWAL

We will refund all payments we have received from you, including standard delivery charges (the cheapest delivery we offer) no later than 14 days from receipt of your request for withdrawal. We will use the same method of payment that you used for your original order, unless you expressly agree to a different method. In any event, this refund will not incur 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 above deadline, the amount due to you will be increased by operation of law.

Please note that you must return the product(s) according to the instructions given to you, no later than 14 days from the date on which you notified us of your decision to withdraw.

The return of the goods is at your expense and risk. You will be responsible for the depreciation in value of the product(s) resulting from handling (other than that necessary to establish the nature, characteristics and proper functioning of the product(s)). In the event of the exercise of the right of withdrawal, you have the choice 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

Pursuant to Law no. 80-335 of 12 May 1980 on the effects of retention of title clauses in sales contracts, goods delivered and invoiced to the Purchaser shall remain the property of VFACTORY until full payment of the price. Failure to pay may result in VFACTORY reclaiming the goods, with the goods being returned immediately and delivered at the expense and risk of the Purchaser. During the period between delivery and transfer of ownership, the risk of loss, theft or destruction, as well as any damage that the Purchaser may cause, shall remain with the Purchaser. The Buyer undertakes, in the event of receivership proceedings affecting its business, to participate actively in the establishment of an inventory of the goods in its inventory and of which the Seller claims ownership. Failing this, the Seller shall have the right 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 case of late payment. If the goods are sold in the meantime, the Buyer shall assign the claim to us and if payments on these claims are made, they shall be forwarded to us upon receipt. In order to secure the outstanding payments and in particular the balance of the Buyer's account in the Seller's books, it is expressly stipulated that the claim to the delivered but unpaid goods shall be transferred to the identical goods from the Seller's stock at the Buyer's, without the need to allocate the payments to a specific sale or delivery.

Article 9 : TERMINATION CLAUSE

In the event of non-compliance with any of Buyer's obligations by Buyer, the sale may be terminated by operation of law and the goods returned to Seller if it so chooses, without prejudice to any damages that Seller may claim from Buyer, within 48 hours after notice of default has been served. 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 of all or part of the goods delivered on the date of receipt, the purchaser shall pay VFACTORY a late payment penalty equal to five times the legal interest rate. The legal interest rate shall be that applicable on the date of delivery of the goods. This penalty shall be calculated on the amount of the outstanding sum, including VAT, and shall run from the due date of the price without any prior notice of default being required. In addition to the late payment penalties, any sum, including the deposit, not paid on its due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.

If, within fifteen days of the implementation of the "Late Payment" clause, the purchaser has not paid the amounts still due, the sale shall be cancelled by operation of law and may give rise to the right to claim damages from VFACTORY.


10.3 : SUPPORTING DOCUMENTS

In order to limit fraud, VFACTORY reserves the right to ask you to prove your identity and place of residence, and the means of payment used, when accepting an order. 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 receive documents that are not compliant.

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 forbidden without the prior written consent of VFACTORY. Any reproduction, even partial, of the elements of the VFACTORY site without our written agreement is prohibited, in accordance with the law n° 57-298 of March 11, 1957 on literary and artistic property and modified by the LAW n°2009-669 of June 12, 2009 - art. 21 of the Intellectual Property Code. Except in the cases provided for by Article L122-5 of the said code and would constitute an infringement punishable by the Penal Code.

Article 12 : LIABILITY

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

VFACTORY shall not be held liable for any violation or loss of driver's license points related to the use or misuse of any of its products.

VFACTORY disclaims all liability in the event of an accident, whether or not responsible, for any cause including or not a lack of visibility on the part of the user.

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

Article 13 : INFORMATION AND LIBERTY

The information collected for the purposes of distance selling is mandatory, this information is essential for the processing and delivery of orders and the establishment of invoices. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act, the processing of nominative 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 our intermediary, you may receive commercial proposals from other partner companies. If you do not wish to receive them, simply contact us using the contact form, to oppose such communication, or to exercise your rights with regard to the information concerning you and appearing in VFACTORY's files. In application of the French law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, consolidated version as of May 14, 2009, you have the right to oppose (article 26), the right to access (articles 34 to 38) and the right to rectify (article 36) the data concerning you. Thus, you can demand that information about you that is inaccurate, incomplete, equivocal, outdated or whose collection or use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted. If you wish to use this right, you just have to write to us by mail, at the following address VFACTORY - 9 rue de la Gare, 67980 HANGENBIETEN, on our contact form.

Article 14 : COMPUTER PROBLEMS

The Buyer is aware of the characteristics of the Internet computer network and in particular the possibility of link interruptions, server breakdowns, electrical problems or other problems (the list is not exhaustive). VFACTORY shall not be held responsible for the consequences of such events and shall be released from any obligation towards the Buyer. No claim shall give rise to any indemnity or penalty whatsoever.


Article 15 : NON-PARTIAL VALIDATION

If one or several stipulations of the present general conditions of sale are held to be invalid or declared as such in application of a law, a decree, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their range.

Article 16 : APPLICABLE LAW

The present general conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. VFACTORY's computerized records and files shall be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. Any disputes relating to the formation, performance and termination of contractual obligations between the parties that cannot be settled amicably shall be submitted to the French courts. The fact that VFACTORY does not avail itself at a given time of one of the clauses of the present general terms and conditions of sale shall not constitute a waiver of the right to avail itself of these same clauses at a later date.

Article 17 :  ATTRIBUTIVE CLAUSE OF JURISDICTION

For any dispute or contestation, whatever the nature or cause, only the courts of Strasbourg shall have jurisdiction, even in the event of summary proceedings, calls for guarantees or multiple defenders. However, VFACTORY reserves the right to bring the matter before any other competent court. Acceptances, drafts, mandates, and shipping conditions shall not modify or derogate 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