Terms and conditions

www.vaincourt.com (« the Website ») is owned and operated by Société Vaincourt (hereafter « Vaincourt SAS »), a simplified joint-stock company under French law with a capital of 7, 622.45 € whose registered office is at 16 rue de La Sourdière 75001 Paris France. Its registered company number on the ‘Registre du Commerce et des Sociétés de Paris’ is 403 156 300 and its intra-Community VAT number is FR65-403156300.

www.vaincourt.com is an e-commerce site owned and operated by Vaincourt SAS.

The detailed general terms and conditions below (“T&Cs”) apply to all orders for goods and services placed on the Website with Vaincourt SAS by any person (the “Customer”).

The Customer should read the T&Cs carefully before submitting an order. The T&Cs are available on the Website.

Vaincourt SAS reserves the right to amend these T&Cs at any time. The T&Cs relevant for a given transaction are the ones shown on www.vaincourt.com at the time the order is placed. Therefore the Customer must confirm their full and unreserved agreement with the T&Cs before placing an order by clicking the ‘I have read and accepted the Terms and Conditions’ button.

The Website is available to all Internet users 24/7 except for interruption, scheduled or other, by Vaincourt SAS or its contractors for maintenance and/or security or in the case of force majeure as defined below. Vaincourt SAS will not be held liable for any loss whatever its nature resulting from the Website being down.

Vaincourt SAS cannot guarantee that the Website will be provided uninterrupted or that it will be free of errors, viruses or bugs. Vaincourt SAS will determine freely and at its entire discretion any period of unavailability of the Website or its content. Vaincourt SAS will not be held responsible for data transmission or connection issues or unavailability of the network.

Vaincourt SAS reserves the right to make changes to the Website for technical or commercial reasons. When these changes do not adversely affect provision of services in a substantial or negative way, the Customer may be informed of said changes but his agreement will not be required.

The Customer acknowledges he or she has read, understood and accepted the entire T&Cs before placing and validating an order on the Website.

The Customer must be aged 18 or over and either have the legal capacity or be in possession of a parental permission in order to place an order on the Website. The Customer acknowledges he or she has the legal capacity to enter into the present contract and that he or she isn’t under guardianship.
Vaincourt SAS reserves the right to ask the Customer for proof of age or parental permission and to refuse the Customer’s order should these not be provided.
Vaincourt SAS reserves the right to cancel and refund an order without incurring any liability should the Customer placing said order not meet the criteria above.

When the Customer gives Vaincourt SAS his contact details on the Website for delivery of good(s) featured on the Website he or she should check their accuracy and comprehensiveness. Vaincourt SAS will not be held liable for undelivered orders should the contact details given by the Customer prove to be incorrect.

Goods offered for sale are those featured on the Website on the day the customer visits the Website while stocks last. The Website is updated automatically in real time. Vaincourt SAS will not be held liable in case of an erroneous update whatever its origin. Vaincourt SAS will not be held liable in case an order for an out-of-stock item has to be cancelled.

Vaincourt SAS takes the utmost care in the way it features and describes its Goods in order to meet the Customer’s expectations. It is, however, possible that mistakes are made in the way Goods are featured on the Website. All photographs of or information on Goods featured on the Website are non-contractual and cannot engage the responsibility of Vaincourt SAS.

Vaincourt SAS will fulfil orders placed by the Customer while stocks last and will do its utmost to keep the availability of its Goods updated on the Website. It is possible that the Customer should receive an item returned by another Customer when placing an order. It is specified that Vaincourt SAS only accepts return of Goods that are unused (with tags still attached), in original packaging and in a resalable condition, these three criteria being validated before Goods are returned to stock. Should one or several items ordered by the Customer be permanently or temporarily out of stock, despite Vaincourt SAS’s best care and effort, or should delivery be delayed (except in case of force majeure) Vaincourt SAS will inform the Customer by email. The Customer will then be able to either amend or cancel their order by email at contact@vaincourt.com. Should the order cancellation be due to a delay in delivery, the Customer will have the option to cancel their order no later than 48 hours before the expected delivery date.

Should this be the case, Vaincourt SAS commits to refund the Customer within the best delay and at the latest within fourteen days after their payment has been received. No compensation will be paid by Vaincourt SAS to the Customer in such situations.

Order processing on the Website is compliant with the procedure implemented by Vaincourt SAS including different stages culminating in the Order being confirmed and validated. The Customer may select as many Goods as he or she wishes and add them to the basket (the “Basket”). The “Basket” shows the Goods chosen by the Customer as well as their price and additional costs. The Customer is able to freely amend the Basket before validating their order. Order validation shall be deemed to be confirmation of the Customer’s agreement of the T&Cs, of the Goods purchased, of their price and additional costs.

A confirmation email summarising the Order (Goods, prices, availability of Goods, volume) will be sent to the Customer by Vaincourt SAS. To this effect the Customer formally agrees to the use of electronic mail (email) for their order confirmation by Vaincourt SAS. Invoices are sent as attachments of the order confirmation.

Vaincourt SAS reserves the right to withdraw at any time any Goods featured on the Website and to replace any content or information. Despite Vaincourt SAS’s best efforts to meet its Customers’ expectations, Vaincourt SAS may have to refuse to process an order after an order confirmation email has been sent to the Customer.

Vaincourt SAS will not be held liable towards the Customer or a third party for damaging consequences of the withdrawal of Goods from the Website, or of the replacement or changes made to contents or information featured on the Website, or of the refusal to process an order after an order confirmation email has been sent to the Customer.

Vaincourt SAS reserves the right to refuse or cancel an Order from a Customer whom it has a payment dispute with or suspects of fraudulent intents.

The price of Goods featured on the Website are in Euros or any other currencies and all French taxes are included for orders in France as well as import duties for orders outside France (net of French VAT).
Custom duties may have to be paid by the Customer for countries outside the EU. Vaincourt SAS has no jurisdiction over these costs, which will be charged to the Customer.

Vaincourt SAS reserves the right to amend prices at any time. Goods will be invoiced at prices in effect on the date of acceptance of the Order subject to availability.

Goods are payable on the day of the Order.
Only the credit cards featured on the site are accepted. The Customer will supply requested information relevant to their credit card e.g. the card’s long number, the expiry date and the CVC/CVV when placing their order on the Website. Online payment to Vaincourt SAS is fully secure and credit card data is encrypted.

Should the Customer pay with a foreign credit card it will have to be a credit card valid for international transactions. Any commission or cost related to the payment charged by the Customer’s bank to Crédit Mutuel (Vaincourt SAS’s bank) are the Customer’s responsibility.

Payment of orders are processed on Stripe’s secure platform.

Stripe, Inc. is a company whose registered office is at 510 Townsend Street, San Francisco, CA 94103, USA. For more information the Customer is welcome to visit the following Internet site: https://www.stripes.com.

The customer acknowledges that sharing their credit card details with Vaincourt SAS gives Vaincourt SAS permission to debit their account for the price of Goods ordered. When relevant, a notification of order cancellation will be sent by Vaincourt SAS to the Customer at the email address supplied by the Customer at the time of registration on the Website.

Data stored and saved by Vaincourt SAS constitute proof of the Order and of all previous sales. Data stored and saved by Stripe constitute proof of all financial transactions which have occurred between the Customer and Vaincourt SAS.

The Customer’s credit card will be debited upon confirmation of the acceptance of payment by the Customer’s bank.

Deliveries are made by La Poste, Monday to Saturday.

Delivery is taken to mean transfer of physical possession of the Goods to the Customer (the “Delivery”).

Delivery charges applicable to the Order are those mentioned on the Website at the time of the Order.

When Vaincourt SAS undertakes delivery of the Goods, the risk of loss or damage of the Goods shall pass to the Customer on Delivery.

By way of exception, when the Customer, rather than Vaincourt SAS, is arranging Delivery, the risk shall pass to the Customer when the Goods are handled over to the freight forwarder chosen by the Customer. .

The Delivery is made to the address given by the Customer. This address should be the Customer’s home address or the address of a natural or legal person chosen by him or her e.g. delivery to a workplace.

Should it be impossible to deliver the Goods because of an incorrect address or because the Customer fails to pick up his Order from the appointed collection point, Vaincourt SAS will refund the Customer within five days of the Goods being returned and will not attempt redelivery.

Vaincourt SAS delivers within a maximum of twelve working days for delivery to metropolitan France and the EU and twenty working days for delivery to the rest of the world, starting from the first working day after the Order is placed.

The Customer may track their Order online at any time by using the tracking number provided in the confirmation email.

The Customer should ensure he or she has supplied comprehensive and accurate information about the delivery address such as street or building number, access codes and intercom name or code in order for these deadlines to be met.

Vaincourt SAS will not be held liable for a delayed delivery caused by events either outside its control or beyond the reasonable control of either party i.e. force majeure as defined below.

In case of late delivery, the Customer is entitled to cancellation of the sale and a full refund payable within fourteen days of notification. Vaincourt SAS will not be held liable for damaging consequences of a late delivery: the only compensation will be a full refund if the sale is indeed cancelled.

If the parcel is damaged or open on arrival the Customer should either refuse to accept delivery and specify in writing the reason why on the transport voucher, or accept delivery and specify in writing clear and precise reservations on the transport voucher. Any delivery accepted without reservations will be assumed to be exempt of damage.

9.1. Length of the period and modalities for the right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, a private Customer shall have a period of fourteen days from the delivery day to exercise their right of withdrawal without any justification by either writing to: Vaincourt – 16 rue de La Sourdière, Paris 75001 or emailing contact@vaincourt.com.

 

9.2. Terms of return when the right of withdrawal is exercised

The right of withdrawal does not incur any penalty.

The Customer should return the Goods, together with the prepaid return voucher supplied by Vaincourt SAS, without undue delay and at the latest within fourteen days following confirmation of the decision to do so, in accordance with article L. 221-21 of the French Consumer Code.

Beyond this delay of fourteen days, the sale is binding and final. Goods should be returned unused (with tags still attached), in a resalable condition and in their original packaging. The Customer should follow the procedure detailed on the return voucher supplied with the Order in order to return an Order. Returns are handled by Vaincourt SAS for Orders delivered in metropolitan France. For returns from outside France, costs and risks shall be borne by the Customer. Returns should be sent exclusively to the following address: Centre Logistique Vaincourt SAS / ESAT, 112 Rue du Château, 76410 Cléon, France, +33 2 35 05 99 60.
The Customer is advised to keep a proof of postage issued by the post office. Vaincourt SAS will not be held liable if returns are lost and the Customer has no proof of postage. Risks associated with the return of an Order shall be borne by the Customer. Should the parcel containing the Order be returned to Vaincourt SAS without having been opened, the cost of returning the Order will be borne by the Customer.
For returns from countries outside the EU the Customer should declare the goods to be of no commercial value on the customs packing slip to ensure Vaincourt SAS will not have to pay custom duties. In the case of an exchange, Vaincourt SAS shall also declare the goods to be of no commercial value on the customs packing slip to ensure the Customer does not have to pay custom duties twice.

The Customer shall receive a full refund from Vaincourt SAS for the Goods returned. The Customer shall bear the cost of returning the Goods to Vaincourt SAS. Should the Customer return the entire order, the initial shipping costs (from Vaincourt SAS to the Customer) will be refunded too. Refund for the Goods returned will be processed by the original payment method within twenty five days of the Goods being received back by Vaincourt SAS.

Returns not following the procedure detailed above may not be refunded by Vaincourt SAS.

 

9.3. Refund of Goods returned when the right of withdrawal is exercised

Refund for the Goods returned will be processed by Vaincourt SAS within fourteen days from the date of being notified that the Customer wishes to exercise their right of withdrawal. Such a refund is conditionalon the return of the Goods.

Refund for the Goods returned will be processed by the original payment method unless the Customer explicitly agrees an alternative method should be used. Should the credit card originally used have expired, the Customer should arrange an alternative method to receive funds with the Customer Service Department. Vaincourt SAS will not be held liable for a failed refund on an expired credit card.

Should the Customer not comply with these General Sales Conditions, Vaincourt SAS will not proceed with the refund of the Goods in question. In all cases, Vaincourt SAS will be liable for return costs if the Goods delivered to the Customer are damaged or different from the Goods ordered.

10.1 Disclaimers


The liability of Vaincourt SAS in connection with any Goods purchased from the Website is strictly limited to the purchase price of said Goods. Vaincourt SAS shall not be held liable for any of the following losses regardless of their origins:

- loss of income or loss of sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- loss of data
- loss of working or management time
- image damage
- loss of opportunity and notably to order Goods
- emotional harm.

Documents, descriptions and information related to Goods featured on the Website are not covered by any guarantee or warranty, expressed or implied, except for any warranties provided for by law. Waincourt SAS shall not be held liable for any prejudice caused by the transmission of an electronic virus, worm, time bomb, Trojan horse, cancelbot, logical bomb or any other form of software designed to damage or destroy in any way a computer’s functionality or to impair its smooth running. This includes any transmission arising from the download of content by the Customer, from software used by the Customer to download content, from the Website or the computer server used to access it. In these respects, the Customer agrees it is their responsibility to install antivirus and security software on their electronic devices and any other feature in order to protect them against any harmful bug, virus or computer programming routine.

The Customer agrees to bear any risk related to content downloaded or obtained by any other way from the Website and to be solely responsible for any damage caused to their electronic devices or any loss of data resulting from the downloading of such content.

Vaincourt SAS is only required to deliver Goods in line with contractual obligations. Goods are considered as in line with contractual obligations provided the following conditions are met: (i) they must correspond to the description given by the seller and have the features that the seller presented to the buyer on the Website; (ii) they must be fit for the purpose for which similar products are designed; (iii) they must meet the quality and resistance criteria similar to those of similar products and that one would reasonably expect.

Furthermore, Vaincourt SAS ensures that consumers are protected from lack of conformity and hidden defects for Goods on sale on the Website provided the following conditions are met:

 

10. 2 Legal safeguards

All goods on sale on the Website are covered by a legal guarantee of conformity (as defined in article L217-4 and subsequent articles of the French Consumer Code) and by a guarantee against hidden defects (as defined in article 1641 and subsequent articles of the French Civil Code) allowing the Customer to return Goods delivered faulty or non-compliant without charge.

Legal guarantee of conformity

Article L211-4 of the French Consumer Code: «The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. Updated 02/17/2005 - Page 29/114 CONSUMER CODE He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility for it or had it carried out under his responsibility. »

Article L211-5 of the French Consumer Code: «To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. »

Article L211-12 of the French Consumer Code: «Action resulting from lack of conformity lapses two years after delivery of the product. »

Guarantee against hidden defects

Article 1641 of the French Civil Code: «The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects. »

Article 1648 of the French Civil Code: «An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity. »

After assessing the defect, Vaincourt SAS commits under the legal guarantee against hidden defects, and at the customer’s discretion, to:


- Either fully refund the price of the returned Goods
- Or partially refund the price of the returned Goods if the Customer chooses to keep the Goods.

Disclaimer of guarantees

Goods modified, repaired or added by the Customer are excluded from the guarantee. The Guarantee doesn’t apply to visible defects or damages to Goods during transport after the Delivery or caused by misuse.

10.3 Procedure for the implementation of safeguards
Under the legal guarantee of conformity the Customer:
(i) may act within two years of the Goods’ delivery
(ii) is allowed to choose between repair or replacement of the Goods under the conditions set out in article L217-9 of the French Consumer Code;
(iii) is exempted to present proof of the existence of the Goods’ lack of conformity during these two years.

The legal guarantee of conformity applies independently from the commercial guarantee that may have been granted.

The Customer may choose to implement the ‘warranty against hidden defects in the thing sold’, as per article 1641 of the French Civil code. In this case, the Customer may choose between cancellation of the sale and a reduction of the selling price as per article 1644 of the French Civil code.

For any inquiry regarding legal guarantees the Customer should contact the Customer Service Department at contact@vaincourt.com or, for calls from France only, by phone on 09 84 02 63 22 (Freephone from France), Monday to Friday from 9 a.m. till noon.

These provisions are not exclusive to the right of withdrawal as defined in Article 9 above.

 

10.4 Consequences of implementing legal guarantees


Under the legal guarantee of conformity Vaincourt SAS commits, at the Customer’s discretion, to:
- either replace the Goods with similar Goods according to availability
- or refund the price of the Goods, should replacing the Goods turn out to be impossible.

Under the legal guarantee of hidden defects Vaincourt SAS commits, at the Customer’s discretion and after assessing the defect, to:


- Either fully refund the price of the returned Goods
- Or partially refund the price of the returned Goods if the Customer chooses to keep the Goods.

 

10.5 Force majeure


In the event of an incident classed as force majeure preventing the execution of these T&Cs, Vaincourt SAS shall inform the Customer by mail or registered letter with acknowledgment of receipt, within fifteen days of the event taking place. Besides cases regularly cited by the French case law and the French Courts of Law, force majeure events may include fire, storms, floods, water damage, bad weather, earthquakes, hurricanes, lightning, partial or total strike, boycotts or any form of industrial action, lockouts, slowdowns, commercial disputes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, changes in laws and regulations governing commerce, computer breakdown, interruption of telecommunications including communication networks and especially internet, civil strife, terrorism war, riots, epidemics, energy blackouts or any other unforeseen circumstance beyond the control of the parties preventing normal execution of the contractual relationship.

The obligations of the parties are mutually suspended without compensation during an event of force majeure. If an event of force majeure continues for more than three months, the commercial transaction may be cancelled at the request of either Vaincourt SAS or the Customer, with no compensation being payable by or to either party. Non-payment by the Customer cannot be justified by force majeure.

All Goods remain the exclusive property of Vaincourt SAS until such a time as payment of sale price, delivery charges and taxes has been made in full.

If any term, provision, covenant or restriction of these T&Cs was deemed illegal or invalid or held as such by law, a ruling or a court of competent jurisdiction, such invalidity would not apply to the remainder of the terms, provisions, covenants and restrictions set forth herein.

No tolerance, lack of action or inertia from Vaincourt SAS may be construed as renunciation to its rights under these T&Cs.

The sale of Goods is subject to French law.

If a dispute is not resolved amicably with the Customer Service Department, under article L612-1 of the French Consumer Code the services of the mediation service MEDICYS, of which Vaincourt SAS is a member, are available to the Customer for free. MEDICYS can be contacted through its website https://app.medicys.fr/ or by mail: MEDICYS – 73 boulevard de Clichy – 75009 Paris. Any unresolved consumer dispute may be filed before the mediation service.

The customer may also use the platform for the resolution of disputes set up by the European Commission at: http://ec.europa.eu/consumers/odr/.

Any dispute about the interpretation, implementation or cancellation of the T&Cs, or a sale or its cancellation that cannot be resolved out of court will be brought before the competent court.