VITRY Online General Terms and Conditions of Sale
These terms and conditions of sale are concluded between, on the one part, VITRY with a share capital of €302,050 and with registered office in Paris, entered on the Paris Trade and Companies Register under number 612 038 919 00058, hereinafter called "VITRY" and, on the other part, any natural or legal person visiting or wishing to make a purchase on the site www.vitry.com hereinafter called the "buyer".
These terms and conditions of sale aim to define the contractual relations existing between VITRY and the buyer as well as the terms and conditions applicable to any purchase made via VITRY's commercial site.
By acquiring goods through this site the buyer is deemed to accept unreservedly these terms and conditions of sale.
These terms and conditions of sale will prevail over any other general or special terms and conditions not expressly approved by VITRY.
VITRY reserves the right to modify its terms and conditions of sale at any time, in which case the applicable terms and conditions will be those in force on the date on which the buyer places the order.
Characteristics of the goods and services offered
The products and services offered are those contained in the catalogue published on the site www.vitry.com .
These products and services are offered according to available stocks.
Each product is accompanied by a product description written by VITRY.
The photographs in the catalogue are as accurate as possible but we cannot guarantee that they are entirely identical to the product offered, particularly with regard to colours.
The prices stated in the catalogue are expressed in euros and include VAT at the rate in force on the day of the order. Any change in that rate will be reflected in the price of the products or services.
VITRY reserves the right to change its prices at any time. It is understood, however, that the price stated in the catalogue on the day of the order will be the price charged to the buyer.
The prices indicated include order processing costs but do not include transport or delivery costs. These latter costs are defined at the time of placing the order and vary according to the chosen delivery option and place of delivery.
The online sale of the products and services offered on the site is restricted to buyers living in metropolitan France and for deliveries requested in that geographical area.
Any buyers wishing to purchase a product or service must:
_ be private individuals (for legal persons, companies, etc., contact our sales team directly at the following address: email)
_ be at least 18 years of age and have the legal capacity to place an order
- complete the identification form providing all contact details requested or give their customer number (if they have one);
- complete the online order form giving all references for the chosen products or services;
- check and validate their order;
- make payment under the terms specified;
- confirm their order and payment.
By confirming the order, buyers are deemed to:
All data supplied and the recorded confirmation will constitute proof of the transaction. Confirmation will be deemed to constitute signature and acceptance of the operations carried out.
The seller will send confirmation of the recorded order by email.
The amount of orders is limited to €250 per buyer and per month.
Orders are limited to 12 items of the same reference per order.
VITRY reserves the right to cancel any order placed by a customer with whom there is a payment arrears or dispute concerning payment for a previous order, or any other legitimate reason based on the abnormal nature of the order.
The price is payable at the time of order.
Payments are made by bank card and effected via the Cyberplus Paiement Net secure payment system, which uses the 3DSecure protocol.
Processing of the order
The order will be accepted subject to available stocks. Each item presented on the site is normally available in stock.
However, if one or more items ordered become unavailable, VITRY will inform the buyer at the earliest opportunity.
Deliveries are made to the address indicated in the order form and that address must be situated within the agreed geographical area.
The amount of the buyer's contribution towards shipping costs depends on the selected delivery option. This is specified in the Delivery section of the online ordering process before validation of the order.
Depending on the chosen delivery service, delivery will be made within a period of between 2 working days and 10 working days as from validation of the order. However, these delivery periods are stated for illustrative purposes only. If these delivery periods exceed 30 days after placement of the order, the contract of sale may be terminated and the buyer reimbursed.
Risks pass to the buyer as from the moment when the products leave VITRY's storage facilities. In the event of damage during transport, a substantiated complaint must be lodged with the carrier within three days of delivery.
VITRY cannot be held liable for any delay on the part of the transport company where such delay is caused by a force majeure event, total or partial strike or disruption affecting, inter alia, postal services and means of transport and/or communication.
In the event of non-delivery, the buyer must notify VITRY by no later than 30 days following validation of the order.
In accordance with Article L. 121-20 of the French Consumer Code, non-professional natural person buyers enjoy a cooling-off right which they may exercise within fourteen days of the delivery of their order and during which period they must return the product to the seller for exchange or reimbursement, without penalty, except for the return costs.
This right may be exercised on all purchased items provided that they are returned in their original packaging.
!! NB: For hygiene reasons, personal care and make-up products cannot be returned once opened.
Warranty - product return
All products supplied by VITRY enjoy the statutory warranty provided for in Articles 1641 et seq. of the Civil Code.
In the event of a non-conformity affecting a product sold, the product may be returned to VITRY, which will take back, exchange or reimburse that product.
All complaints, requests for exchange or reimbursements must be made directly on the site www.vitry.com within 14 days of receiving the order.
To do this, you will need to log in to your account on our site and locate the original order. You will then be able to generate a "return request", which will enable you to print a return label. This label must be inserted inside the return package.
The product must be returned to VITRY – 15 Rue de la Communauté – 44140 LE BIGNON - as soon as possible, in its original packaging, in perfect condition and in all cases within no more than 14 days following notification of cooling-off.
VITRY agrees to carry out the exchange or reimbursement as soon as possible after taking back the product, under the following terms:
- Where the package is returned in its entirety: reimbursement of the price of the package and any shipping costs (standard delivery rate); return costs are payable by the buyer.
- Where the package is not returned in its entirety (i.e. the buyer retains one or more of the items ordered): reimbursement of the price of the product(s) returned; any shipping costs are not reimbursed; return costs are payable by the buyer.
- Where the product is returned on account of our responsibility: reimbursement of the product price and any shipping and return costs.
VITRY accepts no liability if the item delivered does not comply with legislation in the country of delivery.
VITRY cannot be held liable:
In the online selling process, VITRY is bound solely by a contractual obligation of result ("obligation de résultat"). It cannot be held liable for damage resulting from use of the Internet such as loss of data, intrusion, virus, service failure or other unintentional problems.
All content on the VITRY site is and remains the exclusive intellectual property of VITRY.
No person is authorised to reproduce, exploit, redistribute or use, in any capacity whatsoever, not even partially, any content of the site whether this be the software or visual or sound elements of the site.
All simple links or hyperlinks are strictly prohibited without VITRY's express consent in writing.
VITRY is required to protect the buyer's personal data. All personal data concerning the buyer is processed with the strictest confidentiality.
In accordance with the Computing, Files and Freedoms Act of 6 January 1978, personal information about buyers may be subject to automated processing.
Buyer may object to the disclosure of their contact details by notifying VITRY. Users have a right of access to and rectification of their data, in accordance with the Act of 6 January 1978.
Automated data processing, including the management of email addresses of site users, was declared to the CNIL on 10 February 2015 under declaration number 1834948 v 0.
Archiving - Proof
VITRY will archive order forms and invoices on a reliable and durable medium, which will constitute a faithful copy in accordance with Article 1348 of the Civil Code.
The parties will consider VITRY's computerised records to constitute evidence of the communications, orders, payments and transactions occurring between the parties.
These online terms and conditions are governed by French law.
In the event of dispute, jurisdiction lies with the competent courts in Nantes, notwithstanding plurality of defendants or joinder of third parties.
Date of last update: 30/12/2015