General Terms and Conditions of Sale for the Vinyl Factory site
The present website www.vinylfactory.fr (hereinafter referred to as “the Website”) is edited by the ANGEL EYES company, a Limited Company with share capital of 7500 Euros, registered with the Trade and Companies Register of Nanterre under number 492 365 523, headquartered at 37-39 rue Jean-Baptiste Charcot 92400 Courbevoie and with a VAT number of FR78492365523, hereinafter referred to as “ANGEL EYES”.
Phone: +33 (0)1 56 83 03 85
Email : email@example.com
Last updated: 17/12/2015
The present general conditions of sale (hereinafter referred to as “the General Terms and Conditions of Sale”) are intended to define the rights and reciprocal obligations of ANGEL EYES and online users making a purchase via the Website (hereinafter referred to as “the Customer”). The General Terms and Conditions of Sale apply ipso jure to all online sale of Products which are sold and shipped (hereinafter “the Products”) by ANGEL EYES via the Website. The present General Conditions shall exclusively govern the relations between the Customer and ANGEL EYES. Any document other than the present General Conditions of Sale, particularly including catalogues, prospectuses, advertisements and notices, is purely for guidance and information and is not contractually binding. ANGEL EYES reserves the right to modify the General Conditions of Sale at any time. They shall be applicable from the point at which they go online. In the event of any modification, each order shall be subject to the General Terms and Conditions of Sale applicable as of the day of the order in question.
The Products are offered for sale by ANGEL EYES once visible on the Website and while stocks last. If any Product is unavailable, ANGEL EYES undertakes to inform the Customer as soon as possible. The key features of the Products are described and presented as accurately as possible. The Products conform to the relevant provisions concerning safety and health of people, the fair trading and consumer protection at the time of their market launch.
The prices of our Products are indicated in Euros including all taxes (VAT and other taxes applicable on the day of the order). The prices indicated are guaranteed while stocks last. The prices of the Products exclude shipping and packaging costs. The amount of the shipping and packaging costs shall be additionally invoiced and stated before validation of the order. If one or more taxes or contributions, particularly environment, have just been created or modified, whether upwards or downwards, the change may be reflected in the sale price of the Products presented on the Website and the various sales supports. However, a price can no longer be modified once your order has been validated. In the event of any order to a country other than mainland France, the Customer is deemed the importer of the Product(s) concerned. Customs charges, other local taxes or import duties or State taxes may be levied. These charges and sums are not within the responsibility of ANGEL EYES. They shall be borne by the Customer, who remains entirely responsible for the same, both in terms of declarations as well as payments to authorities and competent bodies of your country. ANGEL EYES advises the Customer to learn about these aspects from the relevant local authorities. All orders, regardless of origin, are payable in Euros. ANGEL EYES reserves the right to modify its price at any time, although the Product will be invoiced based on the applicable pricing at the time of validation of the order, subject, however, to the availability of the Product. The Products shall remain the property of ANGEL EYES pending payment in full of the price. Caution: As soon as the Customer takes physical possession of the ordered Products, the risks of loss or damage associated with the Products shall be transferred to him/her.
4.1 Preliminary identification
To place an initial order on the Website, the Customer must create an account by completing a form which includes the following details: the salutation, surname, first name, address of the Customer, the delivery address (if different from the Customer address), the email, the phone number and the password for the Website. ANGEL EYES is the party responsible for handling personal data. The information received shall be computer-processed to facilitate identification of the user of the www.vinylfactory.fr website, to facilitate navigation on said site. The recipient of the data is ANGEL EYES. To safeguard the privacy of the Customer, his/her personal data are retained for as long as is deemed necessary to complete the handling. ANGEL EYES undertakes to only retain the banking details of the Customer during the actual transaction period, after which such data shall be deleted. In accordance with the law on “informatique et libertés” (Data Protection Act) of 6 January, 1978 modified in 2004, the Customer shall benefit from a right of access to and correction of the information relevant to him/her, which he/she can assert by contacting ANGEL EYES – Customer service – firstname.lastname@example.org. He/she may also object to any handling of data concerning him/her, provided legitimate reasons are cited. With effect from the second order, the Customer must complete a form; solely specifying his/her email address and password, which are to be quoted from the first order onwards. The Customer expressly undertakes to provide ANGEL EYES with truthful and accurate information concerning him/her.
4.2 Recording and validation of the order
To place the order, the Customer must perform the following procedure: – Select the desired Product(s), and add it/them to the shopping basket. – Once the shopping basket has been validated, the Customer must select an address and the payment type (only credit card), whereupon this final stage formalises the sales contract with ANGEL EYES. – To finally validate his/her order and proceed to settlement, the Customer must first expressly accept the General Terms and Conditions of Sale by checking the appropriate boxes, situated near a hypertext link returning to said General Conditions of Sale. Any order confirmation presupposes full compliance on the part of the Customer to the present general conditions of sale, without exception or reservation. – The payment and acceptance of the General Terms and Conditions of Sale for the item and confirmation of the order by the Customer equate to the conclusion of a contractual agreement between ANGEL EYES and the Customer. All orders shall be understood as constituting acceptance of the prices and descriptions of the Products available for sale. ANGEL EYES shall acknowledge order receipt and its payment following validation by the Customer, by electronically transmitting acknowledgement of receipt equating to confirmation of the order. This email shall also include a hypertext link back to the present General Conditions of Sale. Under certain circumstances, particularly in the event of payment default, incorrect address or any other problem linked to your account, ANGEL EYES reserves the right to block the order of the Customer pending resolution of the problem. In the event that an ordered Product is out of stock, the Customer shall be informed by email after making payment. Cancellation of the order for this Product and reimbursement of the price paid for the same (via the same payment method as used for purchase), shall subsequently be implemented no later than thirty days following payment by the Customer, with the remainder of the order deemed firm and definitive. ANGEL EYES reserves the right to reject any order if the quantities of ordered Products are abnormally high for buyers eligible as consumers. Furthermore, the Internet site is not intended to sell its Products in bulk. If any question arises concerning follow-up for an order, the Customer may consult his/her own account via the Website or call 01 56 83 03 85 (for the price of a local call) from Mondays to Fridays, 10am to 5pm.
4.3 Modification of the order
Any modification of the order by the Customer following confirmation of his/her order is subject to acceptance on the part of ANGEL EYES. This modification must be requested by the Customer within 24h of his/her order by email to the following address: email@example.com.
For the customer, validating the order imposes an obligation to make payment of the price specified on the order confirmation appearing via the Website at the time of payment. The payment can be demanded in full following confirmation of the order by the Customer. This validation equates to a signature and full acceptance of all transactions performed via the Website by the Customer. Providing a credit card number online and performing final validation of the order shall constitute proof of order placement, pursuant to Article 1316 – 1 of the Civil Code. Purchases shall be exclusively settled via credit card (Carte Bleue, Visa, MasterCard) using a secure CIC system (learn more about the transaction security with data encryption, electronic payment administrator,) The Customer must provide his/her credit card number, its expiry data as well as the security code (a three-figure number, on the back of the credit card). The card is only debited when the order is shipped. In the event of any partial deliveries, only the shipped Products are billed for. In the event of any fraudulent use of the credit card of the Customer, the Customer is invited to contact the customer service department by calling 01 56 83 03 85 (for the price of a local call via landline, possible operator surcharge). as soon as becoming aware of such use, In the event of any ongoing legal action with the Customer, involving non-payment, in whole or in part, of any previous order by the Customer, refusal to authorise payment by banking institutions, non-payment or partial payment, or the use of a credit card not issued by a French financial institution, ANGEL EYES may refuse to honour the order placed. In this case, the Customer shall be informed by email. ANGEL EYES disclaims all liability in all cases of refusal pursuant to the abovementioned order.
6.1. Order processing time
All orders are to be handled within the 3 days following validation of the order. An email shall be sent to the Customer when his/her order is being shipped.
6.2. Delivery methods
The Products shall be sent with the delivery note to the delivery address specified by the Customer at the time of ordering. – Delivery within mainland France: A quote shall be specified to the Customer before confirmation of the order. The delivery times are indicated on the acknowledgement of order receipt. In the event of any shipping delay, an email shall be sent to the Customer to inform him/her of any impact on the delivery time which was specified. In the event of any delivery delay, the order is not automatically revoked. ANGEL EYES disclaims all responsibility ipso jure for delivery delays attributable to any service disruptions of the cited transport methods. In the event of any delivery by a carrier, ANGEL EYES disclaims responsibility for any delivery delay solely due to non-availability of the Customer after proposing several requested meetings. In the event of any delivery time becoming excessive due to the postal services or means of transport concerned, as well as in the event of a strike or loss of the ordered Products, any complaints filed by Customers shall be handled on a case-by-case basis. Articles L138-2 and 3 Consumer Code: Any delivery delay exceeding fourteen days and not attributable to an episode of Force Majeure may trigger cancellation of the sale on the part of the Customer, who, within sixty working days with effect from the specified delivery date, shall revoke his/her order by registered letter with acknowledgement of receipt requested, return any Products which may have been delivered in the meantime and shall ensure ANGEL EYES is refunded within a maximum period of thirty days for its payment and transport costs, but excluding any indemnity.
6.3. Transfer of risk
Any risk of loss or damage to the Product(s) is transferred to the Customer at the time where he/she or a third party he/she has commissioned, takes physical possession of these Products. When the Customer entrusts the delivery of a good to any carrier other than that proposed by ANGEL EYES, the risk of loss or damage of the Product(s) is transferred to the Customer when handing over the Products to the carrier. If ANGEL EYES assumes responsibility for the transport, it shall invite the Customer to express any concerns in the event of receiving a damaged package (where the wrapping includes visual traces of opening and deterioration), or otherwise be deemed liable for the damage to the received Product(s).
7.1. Right of withdrawal and return procedures
In accordance with the provisions of Article L.121-21 of the Consumer Code, the Customer shall have a cooling-off period of 14 days with effect from receipt of your Products to exercise his/her right of withdrawal without having to give reasons or pay any penalty. Products shall be returned complete and in their original state (wrapping, accessories, notice) within 14 days. The Customer accepts liability within the stated scope. Any damage sustained by the Product on this occasion may be of a nature to hinder any right of withdrawal. To exercise his/her right of withdrawal, the Customer may issue any declaration avoiding all ambiguity and indicating his/her intention to return the Product to ANGEL EYES. ANGEL EYES shall acknowledge receipt of the withdrawal of the Customer, by email. The Customer must subsequently return the Products to ANGEL EYES, no later than fourteen (14) days following your withdrawal, via postal mail to the following address: ANGEL EYES – 37-39 rue Jean-Baptiste Charcot – 92400 Courbevoie. You shall be responsible for bearing any costs incurred from returning items via postal mail.
ANGEL EYES undertakes to reimburse the Customer for all amounts paid on receipt of his/her parcel. ANGEL EYES shall reimburse the Customer for the returned Products, subject to compliance with the abovementioned conditions, as well as the standard delivery charges “arising” from the latter, if you return your order in full. The reimbursement shall be made via the payment method used at the time of ordering. Accordingly, for example, if the order for Products was settled by the Carte Bleue card, and the Carte Bleue card of the Customer remains valid, the reimbursement will be made to the account linked to this Carte Bleue.
All Products on sale via the Website are covered by the legal guarantee of conformity (L211-4 and subsequent of the Consumer Code) and guarantees covering hidden defects (articles 1641 and subsequent of the Civil Code), allowing the Customer to return any delivered Products which are defective or non-compliant. The Customer is hereby informed that ANGEL EYES, headquartered at 37-39 rue Jean-Baptiste Charcot 92400 Courbevoie is the guarantor for the conformity of the Products within the scope of these two legal guarantees. The Customer has a period of two years with effect from issuance of the Product to act, pursuant to the legal guarantee of conformity. In this case, the Customer may request replacement of the Product, subject to the conditions of cost specified by Article L 211-9 of the Consumer Code. In the event of any non-availability of the Product, the price paid shall be reimbursed (via the payment method used at the time of purchase). The Customer is exempted from the obligation to provide proof of the existence of any nonconformity of the Product within the 24 months following delivery of the same. Moreover, the Customer may decide to exercise the guarantee against hidden defects in the item sold as defined by Article 1641 of the Civil Code. Under these circumstances, the Customer may select between cancelling the sale (returning the Product for reimbursement) or a reduction in the sales price (reimbursement of part of the product price) pursuant to Article 1644 of the Civil Code.
The claims filed within the scope of legal guarantees mentioned in Article 8 of the present GTC must be emailed within the stated deadlines, to the customer service department of ANGEL EYES to the following address: firstname.lastname@example.org or by postal mail to the following address: ANGEL EYES – Customer service – 37/39 rue Jean-Baptiste Charcot – 92400 Courbevoie France ANGEL EYES shall study the claim and respond within thirty days, depending on the circumstances, proposing either a replacement or reimbursement (via the payment method used at the time of purchase) and provided the Customer is not culpable for the defect or deterioration of the Product in question. If the claim is accepted by the customer service department of ANGEL EYES, it undertakes to reimburse the shipping costs when the Product(s) is returned. Where applicable, the Customer must return the Product(s) in their original state (original wrapping, accessories, notices…). Returned Products for which postage is not prepaid shall not be accepted. The Products shall be returned by postal mail to the following address: ANGEL EYES – 37-39 rue Jean-Baptiste Charcot – 92400 Courbevoie. In the event that any Products and parcels sustain damage in transit from a third party, particularly for unforeseeable and uncontrollable events and in the event of Force Majeure, ANGEL EYES disclaims all responsibility.
The proposed Products are in accordance with current French legislation. Moreover, ANGEL EYES disclaims all responsibility for any damage resulting from improper use by the Customer of the purchased Product. Similarly, ANGEL EYES cannot be held liable in the event of failure to perform or substandard contractual performance for which the Customer is responsible. Accordingly, ANGEL EYES disclaims all responsibility and cannot, under any circumstances, be held criminally liable for any errors, omissions or spelling/typing errors in the documents provided by the Customer. Ultimately, ANGEL EYES disclaims all responsibility for any inconveniences or damage linked to the use of the Internet network, particularly any service breakdown, external intrusion or the presence of computer viruses. The performance by ANGEL EYES of all or part of its obligations shall be suspended in the event of Force Majeure, which shall hinder or delay the progress of such performance. Various circumstances shall come into this category, as dictated by French case law. In such cases, ANGEL EYES shall inform the Customer by email within seven days following the occurrence of the event. The computerised records stored in the ANGEL EYES computer systems under reasonable conditions of safety, are deemed to constitute proof of communications, orders and payments made between the Customer and ANGEL EYES. Archiving of purchase orders and invoices is performed as part of a reliable and durable service of support, designed to ensure a true and long-lasting copy pursuant to Article 1348 of the Civil Code.
All claims must be addressed to the customer service department of ANGEL EYES: email@example.com. 11.2. Mediation
In the event of any failure to file a claim with the customer service department or in the absence of any response from this service within two months, the Customer may submit the dispute concerning the application, interpretation or execution of the present General Conditions of Sale, purchase order or for payment of the price, vis-a-vis ANGEL EYES to a mediator who will strive, with independence and impartiality, to help negotiate an amicable settlement between the parties concerned. The contractual parties are free at any time to accept or reject the recourse to mediation and, when recourse to mediation is made, to accept or reject any solution proposed by the mediator. 11.3. Territorial jurisdiction and applicable law
The present General Terms and Conditions of Sale are governed by French law. The language of the contract concluded between the Customer and ANGEL EYE is French. Moreover, in the event of any legal action concerning the application, interpretation or execution of the present General Conditions of Sale, the purchase order or form for payment of the price, the place of jurisdiction shall be that of the domicile of the defender or that of the effective delivery of the Product.
All elements of the www.vinylfactory.fr site are and remain the intellectual and sole property of ANGEL EYES. Nobody is allowed to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the site, whether visual or audio, or underlying technology. These elements are protected by copyright, trademark rights and patent rights. Any simple or hypertext link is strictly prohibited without the prior express agreement of ANGEL EYES. Any reproduction, use, dissemination, or utilisation, regardless of nature and in whole or in part, of elements of the Website, whether visual or audio or even using the latest underlying technology, without the express prior consent of ANGEL EYES shall render the offending party liable to legal action. The sale of Products does not employ, under any circumstances any industrial property rights and particularly all copyright, design and model rights, or trademark and patent rights, applicable to products and which apply to Products and which solely belong to ANGEL EYES. Any reproduction, use, dissemination, or utilisation, regardless of nature and in whole or in part or any intellectual property linked to Products of ANGEL EYES, without the express prior consent of ANGEL EYES shall render the offending party liable to legal action and render him/her liable.
The information requested from the Customer is required to handle the order. In accordance with Law No. 78-17 of 6 January, 1978, the Customer has a right of access, correction and objection to the personal information and data concerning him/her by writing to the following address: ANGEL EYES – Customer service – 37-39 rue Jean-Baptiste Charcot – 92400 Courbevoie France