General Terms and Conditions of Sale

ARTICLE 1 – IDENTIFICATION OF THE PARTIES

These GTCS are concluded between VAONIS, hereinafter the “Vendor”, whose registered office is located at 225 rue Didier Daurat, 34170 Castelnau-le-Lez, with a share capital of €14,000, registered in the Montpellier Trade and Companies Register under SIRET number 823 710 447, and the Customer.

The Customer declares that he is a natural person capable of entering into a contract, and that he is acting as a consumer for his own personal needs.

ARTICLE 2 – PURPOSE OF THE GTCS

These GTCS apply to all purchases of Products made by the Customer on the Vendor's Site. They determine the rights and obligations of the Parties with respect to the sale of Products.

ARTICLE 3 – UPDATING

The Vendor reserves the right to update its GTCS at any time on its Site. The new version of the GTCS will be available on the Site and will be applicable to the sale of Products from the date they are put online.

ARTICLE 4 – DEFINITIONS

Terms beginning with a capital letter have the following meanings in the GTCS:

• Customer: refers to the customer, a natural person of legal age and with legal capacity who orders Products as a consumer;
• GTCS: refers to these General Terms and Conditions of Sale;
• Order: means the Customer's purchase order for one or more Products available on the Site;
• Party(ies): refers individually or collectively to the Vendor and/or the Customer;
• Pre-order: means the Customer's purchase order for one or more Products present on the Site but not available in stock;
• Product: designates the products sold by the Vendor on the Site;
• Site: refers to the www.vaonis.com internet site operated by the Vendor.
• Vendor: refers to the Vaonis Company, whose registered office is located at 225 rue Didier Daurat, 34170 Castelnau-le-Lez, with a share capital of €14,000, registered with the Montpellier Trade and Companies Register, under SIRET number 823 710 447;

ARTICLE 5 – PRODUCT DESCRIPTION 

Each Product offered for sale on the Site by the Vendor is the subject of a complete description sheet, presenting its essential characteristics and price.

The Customer acknowledges having read the description sheet corresponding to the Product ordered or pre-ordered.

ARTICLE 6 – PRODUCT PRICE

The price of each Product offered for sale on the Site is indicated on the description sheet corresponding to said Product displayed on the Site.

The price is indicated in euros, all taxes included. Delivery charges may be added to this price, under the conditions set out in article 9 “DELIVERY”.

The Vendor reserves the right to modify the price of Products and delivery charges on the Site at any time. However, such modifications do not affect Orders and Pre-orders for Products made by the Customer and already registered by the Vendor.

ARTICLE 7 – ORDERING AND PRE-ORDERING PRODUCTS

Article 7.1 – Ordering Products in stock

The Customer may order the Products offered on the Site while stocks last. Products in stock are indicated as available on their description sheet.

Article 7.2 – Pre-ordering Products

Some of the Products displayed on the Site are not in stock but may be pre-ordered. Products that may be pre-ordered are indicated as unavailable but open to pre-order on their description sheet.

Article 7.3 – Registration of the Customer’s Order or Pre-order 

The Customer orders or pre-orders the Vendor's Products by selecting said Products on the Site after having read their essential characteristics. More specifically, the Customer's Order or Pre-Order of a Product involves following the main steps described below:

• The Customer takes note of the essential characteristics of the Product presented on its description sheet, and in particular takes note of its availability (cf. Product Order), or its unavailability (cf. Product Pre-Order).
• The Customer selects the Product on the Site.
• The Customer fills in the information requests presented on the Site intended to enable the execution of his Order or Pre-order.
• The Customer accepts the GTCS.
• The Customer checks the characteristics and information of his Order or Pre-order and, if necessary, corrects any errors.
• The Customer validates his Order or Pre-order online on the Site.
• The Customer pays for his Order or Pre-order in accordance with the terms and conditions set out in article 8 “PAYMENT”.

Once the Order or Pre-Order has been paid for, the Customer will receive confirmation from the Vendor that the Order or Pre-Order has been registered and paid for, to the e-mail address provided by the Customer at the time the Order or Pre-Order was entered. This confirmation contains a summary of the Customer's purchase order and a copy of the GTCS.

In the absence of payment, the Customer's Order or Pre-order is not registered by the Vendor and will therefore not be executed. The distance ordering contract will only be formed once the Order or Pre-order has been paid in full and then validated by the Vendor.

7.4 – Refusal of Order or Pre-order 

The Vendor reserves the right to refuse a Customer's Order or Pre-order in the event of a manifestly abnormal request, made in bad faith, or for any other legitimate reason. In such a case, the Vendor will reimburse the Customer for the sums paid by the latter in respect of the cancelled Order or Pre-order.

7.5 – Unavailability of Products

Should one or more Products ordered by the Customer be exceptionally unavailable, the Vendor will inform the Customer as soon as possible. 

The Vendor will then inform the Customer of the availability deadlines of the Product(s) ordered and unavailable, possibly propose replacement products and, if no solution is found, reimburse the Customer for the part of the sum corresponding to the Product(s) finally unavailable.

ARTICLE 8 – PAYMENT

Article 8.1 – Payment of Orders or Pre-orders 

The Customer pays in full for his Order or Pre-order of Products after validating it on the Site. 

Article 8.2 – Payment methods

The Customer may pay for his Order or Pre-Order by credit card.

Secure online payment by credit card is carried out by the payment service providers STRIPE (https://stripe.com/fr) or PAYPAL (https://www.paypal.com/fr/home). By paying by credit card, the Customer accepts the use of these payment service providers and their general terms and conditions.

Once payment has been made by the Customer, the transaction is immediately debited after verification of his information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by using the card is irrevocable. By providing his bank details at the time of sale, the Customer authorizes the Vendor to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. Should the Customer's credit card not be debited, the sale of the Product(s) will not take place.

The Vendor cannot be held responsible in the event of a failure during the payment process. The Customer would then contact the relevant payment service provider to settle any dispute arising from the said failure.

Article 8.3 – Payment in instalments without charge

The Customer is informed that his purchase may be eligible for payment in four instalments, free of charge. This possibility, which is reserved for members of certain European countries, is expressly indicated to the Customer before the Order or Pre-Order is validated, and the Customer may or may not opt for this method of payment. The Customer is informed that this method of payment is offered by an independent service provider, ALMA SAS, which reserves the right to accept or refuse requests for payment in four instalments without charge. The choice of this payment method implies acceptance of the general terms and conditions of this service provider https://getalma.eu/legal/terms/customer, which the Customer accepts.

Article 8.4 – Coupon codes

Orders placed online can be paid for with coupon codes.

However, these codes are only valid within the limits of stock and the use of one coupon code per order and, for some of them, only for specific products.

Coupon codes cannot be combined with promotions.

The Vendor reserves the right to refuse orders where a coupon code is not considered valid for the order placed.

In the event of an order being returned, reimbursement will be limited to the amount actually paid, after use of the coupon code, less shipping costs. In the event that the coupon code consists of a voucher, it will be reallocated to the Customer.

If only part of the order is returned, the value of the discount applied to the order will be divided proportionally between the different products.

ARTICLE 9 – DELIVERY

Article 9.1 – Delivery address

Products are delivered in France and throughout the European Union, but also in Switzerland, Canada and the United States, as well as in other countries which may be available for delivery and mentioned as such in the Site's FAQ. 

If you require delivery to a country not covered by Vaonis, please contact Customer Service by e-mail at support@vaonis.com, who will study each request individually and reserve the right to accept or refuse it. Additional delivery charges may apply. 

The Customer enters the delivery address for the Products when placing an Order or a Pre-order. This delivery address must be located in one of the territories listed in the first paragraph. The Customer undertakes to check the accuracy of the delivery details before validating the Order, in order to avoid delivery to an inappropriate address.

Products are delivered by carrier and handed over to the Customer against signature. The Customer is informed reasonably in advance of the carrier's arrival by email and SMS. If the Customer is absent on the day of delivery to take delivery of the Product, the carrier will propose a new delivery date to the Customer at the same address within a short period of time. In the event of a return to sender, the Customer may ask Customer Services to reship the order, in which case new delivery charges will be invoiced.

Article 9.2 – Delivery price

Product deliveries incur delivery charges for the Customer. The price of these chargeable deliveries is calculated at the time the Order or Pre-order is entered by the Customer, before it is validated by the Customer.

In addition, any Product shipped outside the European Union may be subject to additional charges resulting from customs duties, local taxes or import duties. These charges are not included in the price of the Products and are payable by the Customer, in addition to the price paid at the time of the Order or Pre-Order. It is the Customer's responsibility to check with the relevant local authorities whether customs duties, local taxes or import duties are applicable, and if so how much they are. The Customer shall also carry out any necessary formalities with these authorities, and in particular any declaratory formalities, so that the Vendor can deliver the Products to the Customer.

Article 9.3 – Delivery times

Product delivery times depend on the delivery service chosen. 

Products in stock are dispatched within one to two working days.

The delivery time for Products in stock is different from that for Products that can be pre-ordered, since the latter are manufactured according to demand and according to an industrial schedule (time required to order parts from suppliers, assembly, quality tests, packaging, preparation of the order, dispatch, etc.). An indicative delivery time is given on the product sheet for pre-ordered Products. The Customer will be notified by e-mail of any change to this delivery time.

It is also specified that when the Customer orders several Products simultaneously, these may, for logistical reasons, have different delivery times.

In any event, the Vendor will not ship the Products until the Customer has paid in full for the Order or Pre-Order. 

Article 9.4 – Transfer of risk

When the Customer takes physical possession of the Products, the risks of loss or damage that were borne by the Vendor are transferred to the Customer.

ARTICLE 10 – LIABILITY AND GUARANTEES

Article 10.1 – Liability

It is expressly agreed that the Vendor may only be held liable in the event of non-compliance with its contractual obligations due to a proven fault, negligence or omission directly attributable to the Vendor, provided that a direct causal link with the loss can be demonstrated.

The Customer acknowledges that the Vendor undertakes to ensure that the Products comply with French regulations, but that the Vendor cannot be held liable in the event that the Products do not comply with the legislation of the country of delivery and/or use. In this respect, it is the Customer's responsibility to ensure that the Products can be imported and used in the country where the Customer is located and/or wishes to use them.

The Vendor supplies the Products only for domestic and private use by end consumers. If the Customer uses the Products for commercial or resale purposes, the Vendor shall not be liable to the Customer for any loss of profits, loss of sales, business interruption or loss of opportunity. The total or partial impossibility of using the Products for any reason beyond the control of the Vendor, in particular due to the use of incompatible equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Vendor.

Article 10.2 – Warranties

10.2.1 How to exercise the warranty

It is the Customer's responsibility, upon delivery of the Product, to immediately check that the packaging has not been damaged during transport.

If a Product is missing or damaged in transit, the Customer must immediately make any necessary reservations on the Product's delivery note. These reservations must also be confirmed in writing within seven days of delivery, by post or e-mail with acknowledgement of receipt. 

If these reservations conditions are not respected, the Products are deemed to conform to the Customer's expectations.

In any event, the Customer benefits from the legal guarantee of conformity set out in articles L217-4 to L217-14 of the French Consumer Code, and from the guarantee against hidden defects, under the conditions set out in articles 1641 to 1649 of the French Civil Code.

The Vendor thus specifies that the Customer has a period of 2 years from delivery of a Product to take action under the legal warranty of conformity, and that the Customer may obtain replacement or repair of the Product, or failing that reimbursement of its price, under the conditions set out in articles L217-4 to L217-14 of the French Consumer Code. 

With regard to the warranty against hidden defects, the Customer has a period of 2 years from the discovery of the defect to take action and may obtain restitution of the price of the Product subject to its return, or have part of the price returned, under the conditions set out in articles 1641 to 1649 of the French Civil Code.

If the Customer wishes to make use of the aforementioned warranties, he shall clearly state this wish to the Vendor by contacting it in accordance with article 15.2 “CONTACT”. The Vendor will register the Customer's request, study it and respond within a reasonable time. If the Products are indeed covered by the Vendor's warranty, the Vendor will bear the cost of returning the Products, without requesting any financial contribution from the Customer.

10.2.2 Warranty exclusions

All warranties are excluded in the event of damage or deterioration resulting from:

-misuse, negligence, lack of supervision or maintenance on the part of the Customer,

-normal wear and tear or force majeure,

-abnormal use of the Product, e.g. for professional purposes,

-use of the Product with accessories not sold or at least recommended by the Vendor,

-an external accident or abnormal conditions of storage and/or conservation of the Product by the Customer,

-the responsibility or intervention of a third party on the Product, misjudgment by the Customer of his needs, or modifications made to the Product,

-intentional or malicious fault on the part of the Customer,

-external events: fire, explosion, water damage, lightning, storm, power surges, etc,

-falls, knocks, shocks, scratches, oxidation,

-opening and dismantling of the Product by the Customer,

In all of these cases, or in the event of unfounded claims, the replacement of the defective Product will be at the Customer's financial expense, it being specified that only the Vendor may repair or replace the Product, any intervention by a third party on the latter entailing forfeiture of the aforementioned warranties.

ARTICLE 11 – RIGHT OF WITHDRAWAL

The Customer, as a consumer, has a period of thirty (30) days from receipt of the Product to exercise his right of withdrawal from the Contract concluded remotely or off-premises. 

To exercise his right of withdrawal, the Customer may use the withdrawal form at the end of these general terms and conditions of sale and return it to the Vendor by e-mail or registered post with acknowledgement of receipt. Alternatively, the Customer may contact the Vendor in accordance with article 15.2 “CONTACT”. 

The cost of returning the Product is borne by the Customer, unless the Product cannot normally be returned by post due to its nature. However, in this case, should the Customer return the Product from a country other than the country of delivery, the Customer will bear the difference in transport costs. 

The initial delivery costs will be refunded to the Customer unless the Customer has expressly chosen a more expensive delivery method than that proposed by the Vendor. 

Products must be returned in their original, complete condition (packaging, accessories, instructions). In this respect, the Customer undertakes not to damage the packaging upon receipt of the Order, so as to be able, when exercising the right of withdrawal, to return the Product(s) in their original packaging and, in any event, in a condition suitable for resale. If possible, they should be accompanied by a copy of the proof of purchase. In accordance with article L221-23 of the French Consumer Code, the Customer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.

Subject to compliance with these conditions, withdrawal entails reimbursement of the price of the Product(s) and shipping costs paid by the Customer within fourteen (14) days of receipt of the Product(s) or provision of proof of shipment, whichever comes first. 

In the event that the withdrawal concerns only part of the order and the Customer has benefited from a discount linked to the purchase of a certain number of items, the conditions for the discount no longer being met, the discount will be deducted from the amount refunded.

ARTICLE 12 – TERMINATION

12.1 At the Customer’s initiative

The Customer may cancel the order in accordance with the conditions set out in article 11.

To cancel an order in the event of a Product defect, the Customer must refer to the provisions of article 10.2.

12.2 At the Vendor’s initiative

The sales contract may be terminated by the Vendor in the event of total or partial non-performance by the Customer of one or more of his obligations hereunder, as well as in the cases referred to in article 7.4. 

Termination at the Vendor's initiative will only become effective seven (7) days after dispatch of a letter or e-mail with acknowledgement of receipt setting out the reasons for its termination, unless, within this period, the Customer has fulfilled his obligations or provided proof of an impediment resulting from force majeure or an act of God. The Vendor shall send its formal notice to the postal or e-mail address indicated by the Customer when registering his order or pre-order, these being the only valid addresses for any communication addressed to the Customer, who expressly undertakes to keep the Vendor informed of any change of postal or e-mail address.

ARTICLE 13 –INTELLECTUAL PROPERTY RIGHTS

The Vendor is the exclusive owner of several intellectual property rights which apply to its Site and its Products (such as trademarks, copyright, patent rights, database rights, etc.).

The Vendor's intellectual property rights are and remain its exclusive property. Unless expressly stipulated to the contrary, the GTCS do not imply any transfer of intellectual property rights to the Customer. Consequently, any exploitation of the Vendor's intellectual property rights by the Customer for any reason whatsoever is prohibited. 

Notwithstanding the foregoing, the Vendor wishes to point out that some of its Products may work with the Singularity software application, if this is indicated in the description of said Products. The Singularity application is software developed and operated by the Vendor which is protected by intellectual property rights. In the event that the Customer purchases a Product that works with the Singularity application, the Customer will be able to use this application subject to having accepted the general conditions of use of this application.

ARTICLE 14 – PERSONAL DATA

The Vendor processes the Customer's personal data transmitted by the latter and relating to his identity (surname, first name, address, e-mail address, telephone number). The Vendor also processes the Customer's personal financial data (means of payment used). This data must be processed in order to process the Customer's Order or Pre-order. The Customer's personal data is also processed to enable the Vendor to manage its commercial relationship with the Customer, and for the purposes of prospecting the Customer for the Vendor's products and services. The Vendor also processes this data to comply with its legal obligations, and in particular its accounting obligations. In addition, the Customer is informed that the Vendor applies an intermediate archiving policy to data derived from its contracts, in order to preserve all relevant evidence in the event of litigation.

The Customer's personal data is kept for a limited period. The Customer's personal data is kept for a period of 3 years from the date of the order, for the purposes of managing the commercial relationship, or from the date of the last contact from the customer, for canvassing purposes. It is kept for a longer period when it is necessary to comply with the legal obligations of the Vendor, and for the duration of this obligation. Where it is covered by the Vendor's intermediate archiving policy, it is also kept for the duration of the applicable prescriptions rules. These periods do not apply to personal data of a financial nature, which is normally kept for no longer than thirteen (13) months following the transaction.

The Customer has the right to access, rectify, limit, oppose on legitimate grounds, port and delete personal data processed by the Vendor, as well as the right to define directives concerning the fate of his data after its death. These rights are exercised within the limits set out in the French Data Protection Act of January 6, 1978, as amended, and by written request from the Customer accompanied by proof of identity addressed to the Vendor's representative in charge of issues relating to the protection of personal data, whose contact details are: email address: info@vaonis.com / postal address: VAONIS, 225 rue Didier Daurat, 34170 Castelnau-le-Lez, France.

The Customer is informed that its personal data may be communicated to third parties, in order to achieve the purposes of processing pursued by the Vendor and those mentioned above. These third parties are the Vendor's subcontractors and contractual partners, and in particular the carrier appointed by the Vendor to deliver the Products. The Vendor does not intend to transfer the Customer's personal data to a country outside the European Union. Should this be the case, the Customer would be informed and appropriate guarantees for the security of his personal data would be taken.

The Vendor complies with the legislation relating to the protection of personal data, in particular the amended Act of January 6, 1978, as well as European Regulation 2016/79, and takes all organizational and technical measures to ensure the security of the Customer's personal data. Notwithstanding this, the Customer retains the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL) if he considers that the Vendor is in breach of the regulations on the protection of personal data.

ARTICLE 15 – FINAL PROVISIONS

Article 15.1 – Invalidity of a clause

If one or more stipulations of the GTCS are held to be invalid or declared as such in application of a treaty, law or regulation, or following a final and binding decision of a competent court, the other stipulations shall retain their full scope and binding force.

Article 15.2 – Contact

Unless otherwise agreed in the GTCS, the Customer may contact the Vendor with any questions, requests or complaints at the following address:

Société VAONIS
225 rue Didier Daurat
34170 Castelnau-le-Lez
Email: info@vaonis.com
Phone: (+33) 04 67 02 02 25

The days and times when the Vendor can be contacted are: Monday to Friday, 9am to 6pm.

Article 15.3 – Entire contract and appendix

The GTCS reflect the entirety of the commitments of the Parties.

The GTCS are accompanied by one (1) “WITHDRAWAL FORM” appendix.

ARTICLE 16 – APPLICABLE LAW

The GTCS are governed by French law. The language of the GTCS is French: in the event of any discrepancy with this translation, the French version shall prevail.

The Customer and the Vendor undertake to use their best efforts to reach an amicable settlement of any dispute relating to the GTCS. To this end, the Customer, who presents himself as a consumer, is informed of the possibility of seizing, free of charge, a consumer mediator, and more specifically a mediator from the Centre de médiation de la consommation de Conciliateurs de Justice (website: https://cm2c.net/).

ARTICLE 17 –REGISTRATION IN THE REGISTER OF PRODUCERS OF ELECTRICAL AND ELECTRONIC EQUIPMENT (EEE)

Vaonis (Siret code 823 710 447 00025) has been assigned the unique identifier FR028241_05RCFF by ADEME, attesting to its registration with the register of producers of electrical and electronic equipment (EEE), in application of article L.541-10-13 of the French Environment Code. This identifier attests to the company's compliance with its obligation to register with the register of producers of Electrical and Electronic Equipment, and to declare to ecosystem that it has placed its products on the market.

APPENDIX - WITHDRAWAL FORM

In accordance with article L221-5 of the French Consumer Code, the Customer, who presents himself as a consumer within the meaning of the aforementioned code, may use the following standard withdrawal form:

WITHDRAWAL FORM

(Please complete and return this form only if you wish to exercise your right of withdrawal)

For the attention of VAONIS, headquartered at 225 rue Didier Daurat, 34170, Castelnau-le-Lez, with a share capital of €14,000, registered with the Montpellier Trade and Companies Register under SIRET number 823 710 447, [04 67 02 02 25 ; info@vaonis.com],

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Ordered on:

Consumer’s name:

Consumer’s address:

Consumer’s signature:

Date: