VOUSSERT is a Simplified Joint-Stock Company with a capital of 150,000 Euros, headquartered at 7 rue de la Prévôté à Houdan (78550), listed on the Versailles register of companies and commerce as No. B 321 539 660, with the EU VAT No. FR 67 321 539 660.
VOUSSERT is a company specialising in mail-order sales via its website www.voussert.fr and catalogue. Products are sold either to private individuals (consumers) or professionals (goods acquired for the purposes of the buyer's professional activity).
Article 1: Field of application and modification of these Terms and Conditions of Sale
All of our sales are covered by these terms and conditions. The only exceptions are orders explicitly exempted from the TCS by our Company, specified in writing on the order confirmation form. The client confirms acceptance of these terms and conditions, which shall take precedence over his own terms and conditions of procurement or any other such document. Our agents and representatives are not empowered to enter into contracts on behalf of your company. Orders, even when taken by us, only become binding once they have been confirmed in writing. VOUSSERT SAS reserves the right to adapt or modify these terms and conditions of sale at any time. In the event of any such modification, all orders will be subject to the terms and conditions of sale which were in force on the date the order was placed.
Article 2: Information on our website and catalogues.
Our catalogues, products lists, leaflets and website present products whose properties are liable to change. In the event of such modifications, VOUSSERT SAS undertakes to deliver a product which corresponds to the characteristics expected by the buyer, as per the original description.
Article 3: Order confirmation
The Client's confirmation of an order via the 'double click' process (two-step order confirmation) constitutes an irrevocable acceptance of the contract of sale which can only be reviewed subject to the limits imposed by the present terms and conditions of sale, specifically the sections on 'right of withdrawal' and 'stock shortages'. The 'double click' order process, combined with the authentication procedure and the digital protection of all messages, constitutes confirmation of the contract of sale.
VOUSSERT SAS will provide the Client with confirmation of the order, sent to the email address provided by the latter.
VOUSSERT SAS reserves the right to cancel all orders placed by Clients with whom a dispute is already in progress regarding payment of a previous order.
In the event that an order requires re-shipping due to a lack of information and/or an error attributable to the Client, the costs of this second delivery will be billed to the latter.
In the event of an error made by VOUSSERT SAS regarding the content of a Client's order, the latter should get in touch with the after-sale service department before returning the goods. Where applicable, the cost of the return will be borne by VOUSSERT SAS using the cheapest available method, with insurance corresponding to the value of the goods.
Article 4: Delivery deadlines and shipping of goods
Products will be delivered no later than 30 days following receipt of the order, dispatched to the address provided by the buyer.
VOUSSERT SAS cannot be held responsible for delivery problems attributable to the buyer, or when such problems arise either as a result of unforeseeable and insurmountable circumstances caused by a third party, or as a result of an instance of force majeure.
Article 5: Reception, complaints and returns
It falls to the client, the recipient, to check the condition of all packages and goods received and to note any complaints or remarks on the courier's delivery receipt. If there are any problems with a delivery, the buyer must inform VOUSSERT SAS within 48 hours of delivery, not including public holidays.
When the courier firm cannot prove that they gave the recipient the opportunity to thoroughly check the condition of the merchandise, the period in which complaints can be made to VOUSSERT SAS is extended to 5 days, not including public holidays.
In the event of damage incurred during transportation, the client should refuse to accept delivery of the product and mark 'Refused on account of damage' on the delivery form. Failure to do so will make all complaints against the courier firm null and void.
Article 6: Right of withdrawal
All natural persons purchasing goods not intended primarily for use within the context of their professional activities are entitled to exercise their right of withdrawal.
Consumers have a 14-day period in which they may withdraw from the contract of sale, with no requirement to provide a reason.
The 14 day withdrawal period begins at the moment the goods are received by the consumer or a third party, other than the designated courier.
The buyer must inform VOUSSERT SAS of his decision to withdraw, returning the withdrawal form provided before the 14-day period expires. The withdrawal form can be downloaded from the 'Support' section of the client's account.
The client will be informed of this procedure by email when confirming the order.
The cost of returning the products or materials will be borne entirely by the client, and the products and materials remain subject to his responsibility until they reach our warehouse. This includes cases of theft, loss or damage to returned goods.
The client is free to choose the delivery method and company used to return goods, and maintains full responsibility for this choice.
More generally, it is imperative that any products returned under this right of withdrawal should be in fit state to be immediately put back on sale by VOUSSERT SAS.
The right of withdrawal cannot be invoked for goods which have been opened by the consumer and which cannot be returned for hygiene or health reasons, such as hand towels, toilet paper, protective equipment, disposable towels and tablecloths, disposable cutlery etc.
VOUSSERT SAS will fully reimburse the client, including delivery costs, within 14 days of receiving the returned goods, or upon provision of proof of dispatch of these goods.
Reimbursement shall be made via the same method of payment used by the buyer for the initial transaction.
Article 7: Export and sales outside mainland France
In the event of sales to countries other than mainland France, clients will be considered as importers of the products concerned. For all products shipped outside the European Union and its overseas territories, the prices shown on the invoice will be before tax. Customs duties, import duties, state taxes or other local taxes may apply. These sums and duties will be entirely borne by the client, who retains sole responsibility for declaring and paying all sums due to the relevant authorities of the country in question, and for seeking all relevant information on such matters from the aforementioned authorities.
Article 8: Exemptions and responsibility
VOUSSERT SAS accepts no responsibility for cases where the terms of the contract cannot be fulfilled on account of one of the following circumstances:
- Either due to actions taken by the consumer,
- Or due to unforeseeable and insurmountable actions by a third party,
- Or in an event of force majeure (an event independent of the control of VOUSSERT SAS, which is both unforeseeable and insurmountable and renders the fulfilment of the contract impossible).
Article 9: Transferral of ownership
All products sold remain the property of our company until the client has fulfilled all obligations, particularly with regards to payment. Nonetheless, liability for the products is transferred upon delivery. Our company may invoke this ownership clause after sending an official summons to pay any outstanding sums, delivered to the buyer by recorded post with proof of delivery and remaining unheeded 8 days after reception. Products must then be returned to our company immediately upon request, at the expense and liability of the client.
Article 10: Prices, minimum orders
As our Company sells primarily to local authorities, professionals, industrial firms, companies and independent operators who claim back VAT, our prices are displayed without tax and the tax-inclusive prices are then calculated on our website. Clients can activate this option when they sign up for the site, by selecting the tax-inclusive price option. Taxes applicable to each product - particularly the General Tax on Polluting Activities (TGAP) and the Value Added Tax (VAT) - are calculated and added to our pre-tax prices. Our products are sold at the price displayed on the day the invoice is established. All of our prices are ex-works from our warehouse in Houdan (78). Delivery costs are calculated based on the destination and the weight of the order. The standard packing and delivery charge applied to orders below a minimum amount may be revised by our company in light of the final destination and the value of the order.
Article 11 – Payment
The price invoiced to the Client is the price indicated on the order confirmation form issued by VOUSSERT SAS.
All orders placed confer upon the buyer the obligation to pay the price in full.
Orders are only finalised after payment, unless stated otherwise in an explicit agreement between VOUSSERT SAS and the client (cf. Article 13).
For deliveries outside mainland France, Clients shall undertake to pay all applicable taxes. VOUUSERT SAS thus declines all responsibility in the event that the Client shall be found not to have paid the relevant taxes.
To confirm an order, payment should be made:
- either by bank card online (VISA, Mastercard etc.),
- or by cheque,
- or by bank transfer,
- or by banker's order.
Orders confirmed by the Client are only considered to be finalised when full payment has been made to VOUSSERT SAS.
Moreover, VOUSSERT SAS reserves the right to decline orders from any clients with whom the company has a pre-existing dispute.
Information regarding the Client's bank card will be securely transmitted (SSL 128-bit encryption) directly to the websites of VOUSSERT's banking partners. This information does not pass via the VOUSSERT SAS server. Our website only records the payment method used.
In the event that VOUSSERT SAS should be held responsible for damages incurred as a result of an error in the sums charged, VOUSSERT SAS may absolve itself of all or part of this responsibility by supplying evidence that the failure to fulfil the contract can be imputed either to the consumer or to the unforeseeable and insurmountable actions of a third party, or to an incident of force majeure.
Article 12: Guarantees
VOUSSERT SAS will accept responsibility for defects found in the product upon delivery or resulting from the packaging.
The following shall be considered as defective: delivered products whose characteristics do not match the description given in the catalogue, or which clearly differ from the description given by the vendor before the sale.
In addition to the legal guarantee against defects and hidden faults, some products are covered by a specific commercial guarantee.
This guarantee does not cover:
- the replacement of consumable goods,
- non-compliant, irregular or unusual use of the products,
- product defects or specificities which are mentioned in the article description,
- defects and consequences resulting from the product being used in a manner other than that for which it is intended.
The Client must return the defective product(s) directly to the supplier, but only after this return has been approved by email or by telephone by VOUSSERT's after-sale service department.
The terms of this return will be specified in the email sent to the client by VOUSSERT's after-sale service department.
Under the terms of this special commercial guarantee, the responsibility for returning defective items rests with the Client.
Incomplete or partial returns will not be covered by the guarantee.
Any traces of modification or disassembly detected will render the guarantee null and void.
Article 13: Payment in instalments
Payment of all invoices, unless explicitly agreed otherwise with our company via the opening of an account with our financial department, must be made in full at time of ordering (cf. Article 11).
In the event that a deferred payment arrangement has been found, within the legal payment deadlines, any delay in payment will render all issued invoices immediately payable, even those which have not yet fallen due.
For sales to professionals, in application of Article L441-6 of the Code of Commerce, deferred payment must be made within no more than 45 days following the end of the month in which the invoice is issued, or 60 calendar days. Penalty fees apply as of the date on which payment of the invoice falls due.
Creditors failing to pay the sums they owe will also incur a fixed recovery fee of 40 Euros.
For natural persons not purchasing goods for professional purposes, the applicable legal interest rate in cases of non-payment is set quarterly in accordance with Articles L313-2 and D313-1A of the French Monetary and Financial Code (since 1st January 2015).
Clients explicitly acknowledge our company's right to immediately suspend the execution of current orders and recover all materials loaned to the buyer until such time as all outstanding sums have been paid in full.
Article 14: Settlement of disputes
In the event of a dispute, the buyer may have recourse to an accredited mediation procedure or any other alternative method of dispute settlement.
When goods are purchased in the context of the buyer's professional activities, the only court with authority to rule on the case shall be the Tribunal de Commerce de Versailles, even in interim proceedings or in cases with multiple defendants.