Article 1: Scope of Application and Modification of the General Conditions of sale
All our sales are governed by the present general conditions. They can only be waived by special stipulations issued by our Company and written on the order confirmation. The customer expressly declares that he accepts our general conditions and forgoes, where applicable, his rights under his own conditions or any other document issued by him. Our agents or representatives are not authorized to sign contracts on our Company's behalf. Orders, even accepted by them, are not binding on us unless they have been confirmed in writing. Voussert SAS reserves the right to adapt or modify these general conditions of sale at any time. In the event of a modification, it is the general conditions of sale in force on the date of the order that will be applied to each order.
Article 2: Information concerning the site and our catalogues.
The information contained in our catalogues, product lists or brochures or on our internet site (www.voussert.fr) are purely indicative. The photographs and texts illustrating the products and offers are not contractual. Our Company may, at any time, modify the characteristics of one or more products, their packaging, their designation etc. without such modification conferring any rights to the customer's benefit. Our Company will respond to confirmed orders insofar as the items remain available in stock. In the event of the items being unavailable, the vendor will inform the customer as soon as possible after the order has been placed. The customer may then either cancel or amend his order. Our company reserves the right to cancel an order placed on our web site in the event of an error in the price, description or any other element that may call the validity of the order into question. In such cases, our Company undertakes to cancel or reimburse the payment if it has already been made at the time of ordering.
Article 3: Validation of order on the www.voussert.fr site and electronic signature (Law dated 13 March 2000 concerning electronic signatures)
All order forms signed by consumers on our internet site by "double-clicking" constitute binding acceptance that can only be called into question within the limits detailed herein. The "double-click" associated with the authentication and non-renunciation procedure and with the protection of message security constitutes an electronic signature. This electronic signature has the same value between the parties as a manuscript signature.
Article 4: Delivery lead-time and consignment of goods
The product ordered is delivered via the postal system or by an independent haulier, depending on the nature of the product ordered and exclusively as decided by Voussert SAS, to the address given on the customer's order form. When authorized, collection of goods from our premises does not under no circumstances entitle the customer to a discount or rebate of any kind. All items available in stock are consigned within 1 to 5 days for deliveries within mainland France (excluding Corsica). In all other cases, we will confirm the availability, which may vary from 5 to 30 days according to the type of products ordered. The choice of the method of delivery depends on the weight, volume and value of the items. The lead-times stated are indicated "ex-warehouse" and, if mentioned on the order confirmation, are always given for guidance purposes. In the absence of express details, delivery should occur within a reasonable period which shall include, in particular, the time needed to prepare, package and, where applicable, manufacture the product if it is part of a "manufacturing economic batch". Under no circumstances can our Company be held responsible for any repairs or penalties or be liable for the cancellation of the order due to late arrival, irrespective of the causes or consequences.
Article 5: Reception, reservations and return of goods
The customer formally undertakes to comply with all the instructions for storing and using our products and equipment and to control as a "Reasonable Person" all the distribution equipment lent by our Company fitted on his premises within the framework of a written or verbal contract. It is the destination customer's responsibility to check the purchase order for the packages and goods and to append any reservations concerning their use to the consignment receipt if necessary, and confirm the said reservations to our Company by receipted registered letter within 2 days of receipt of the goods, in accordance with Article 105 et seq. of the French commercial code. A large proportion of our products are designed for single, quick use. For that reason all claims, irrespective of their nature, must be made in writing within 7 days. Failure to do so will render the claim inadmissible. If the products have to be returned to us, they must be the subject of a goods return request forwarded to our Customer Services department within 7 days of the delivery date. No claims made after this period can be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories and manual). If at the time of delivery the original packaging is damaged, torn or open or if the tear bands or palletization film are torn or missing, you must then check the condition of the items. If they have been damaged, you must refuse the package and append a reservation to the delivery note (package refused due to being open or damaged, tear band torn, film torn etc.). Having opened and checked the contents of the package(s) in the presence of the haulier, the customer undertakes to sign the delivery receipt presented by the delivery man. In the event of a problem, the customer shall note all the reservations corresponding to the observations noted on the signature sheet, have it countersigned by the deliveryman and retain a copy of the document. In the event of damage during consignment, the customer must refuse to accept the damaged product from the deliveryman and indicate "Refused due to damage" on the signature sheet, failing which it will be impossible to take any further action against the latter. By signing the delivery receipt, other than any reservations noted, and accepting the products, the customer acknowledges having received the goods in a satisfactory condition. Henceforth, no further claims concerning the condition of the products delivered can be accepted. In the event of a delivery in which either the quantity or quality is non-compliant, the customer must inform Voussert SAS of the fact, indicating the reference of the order. No return of goods can be accepted on personalized items such as mats, towels, beakers etc. that have been the subject of initial customer acceptance, even in the event of a variation in shade or graphics occurring during the manufacturing processes.
Article 6: Right to withdraw
In accordance with article L.121-16 et seq of the French consumer code, the individual consumers placing an order on our site have up to 7 working days from the date of delivery of their order to return any article that does not suit them and request its exchange or reimbursal without penalty, other than payment of the cost of returning the item(s). Before returning your product to us, you must have our agreement concerning the return of the product (Article 7). The product must be returned in perfect condition, in its original undamaged packaging and accompanied by all the user manuals and documentation. Failing that, you lose your right to withdraw and the product will be returned to you at your expense. The cost of returning the goods in the event of withdrawal remains the customer's responsibility. Under no circumstances can our Company be held responsible for the return arrangements chosen by the customer. The customer remains totally responsible for the return in the event of the loss, theft or damage of the goods consigned. No products that are damaged, incomplete or missing or whose original packaging has been damaged will be reimbursed or exchanged and they will be returned to the customer at their expense. Voussert SAS also reserves the right not to accept the product in the event of the accessories mentioned on the product's technical data sheet being missing. Voussert SAS recommends that customers return these products covered by an additional insurance guaranteeing their reimbursal, where applicable, at their true market value, in the event of the loss or damage of the package or packages. Voussert SAS must exchange the goods or reimburse the sums paid for the goods returned by the customer, other than the cost of their return. Reimbursal must be made within a maximum of 30 days from the date of their receipt on return. Reimbursal may be made either in the form of a credit on the bank account of the card used to pay for the goods, by banker's cheque made payable to the customer or by a bank transfer to the customer's account.
Article 7: Exportation and sale outside mainland France
In the event of an order to a country other than mainland France, the customer is considered to be the importer of the products concerned. For all products exported outside the European Union and French overseas departments and territories, the price will be calculated excluding tax on the invoice. Customs duties, other local taxes, import charges or state taxes may be payable. The payment of these charges and sums will be payable by, and the entire responsibility of the customer, both in terms of declaration and payment to the competent authorities in the country concerned. The customer is responsible for finding out the necessary information concerning these aspects from the authorities concerned.
Article 8: Scope of our Company's responsibilities
Our Company's responsibilities will be suspended by right and without any other formalities, and we will be released from all responsibility in the event of any events such as: strikes, lock-outs, any stoppage of work, accidents or delays in manufacture, fire, flood or accident, act of war, rioting, takeover, act of state, reduction by authorities of imports and exports, delays in the transportation of goods and in the event of any circumstances beyond our control or that of our suppliers occurring after signing the contract and preventing its execution under normal conditions.
Article 9: Retention of ownership
All products sold remain our Company's property until fulfilment by the customer of all his commitments and, in particular, until full payment of all sums due. However, all risks are transferred on delivery. Our Company may exercise its rights under this ownership retention clause eight days after a notice to pay issued by receipted registered letter addressed to the purchaser has remained unsettled. The products must be returned to our Company immediately at the customer's expense and risk, which he accepts, by simple request.
Article 10: Contents of minimum invoiced price
As our Company deals with both local authorities, professionals, industries, companies and private individuals, our prices are displayed exclusive of tax and calculated, for guidance, including tax, on our internet site. The taxes associated with each product, in particular the general tax on polluting activities (TGAP) and Value Added Tax (VAT) are calculated and are to be added to these displayed tax free prices. The prices shown in our catalogues and brochures and on our internet site etc. are given for guidance. Our products are sold at the tariff in force on the date of invoicing. All our prices are quoted on departure from our warehouse at Houdan 78. The payment of delivery charges are calculated according to the destination and weight of the goods ordered. The cost of transport and fixed set-up costs applied above the minimum invoicing charge are subject to change by our Company according to the final destination and cost of the order.
Article 11: Payment of invoices and security of payments
Unless otherwise agreed by our Company, invoices must be paid at the time of ordering and discount-free by opening an account validated by our financial departments. For payments by credit card, the details of your card are encrypted using the SSL (Secure Socket Layer) protocol and never transit unencrypted on the web. Payment is made directly to the bank. At no time does Voussert SAS have access to these details, nor does it retain them on its servers. That is why they are re-requested with each new transaction on our site. For orders placed on the www.voussert.fr site, for which the method of payment is by cheque or transfer on ordering, your order is then held for 7 days. Beyond this period, unless your cheque has been received, the order will be cancelled. The order will only be processed on receipt of your cheque and after validation. Any delays in payment render the entire invoice issued liable to settlement, even if it has not yet reached its expiry date. Any sums unpaid will be subject to full entitlement to interest at the legal rate increased by 8 points, from the expiry date of the payment period until the date of full payment. The annual interest rate will be capitalized. The customer expressly acknowledges that our Company reserves the right to suspend the execution of orders in progress immediately and to take back any distribution equipment on loan for use on the purchaser's premises, until full payment of all sums due, irrespective of their origin, has been made. Any disputes that cannot be resolved out of court will be taken before the competent courts in Versailles.