VOUSSERT SAS is a Simplified Joint-Stock Company with a capital of 150,000 Euros, headquartered at 34 rue des Forts, Départementale D147.8 à CHERISY (28500), listed on the register of companies and commerce under No. (transfer in progress), and with EU VAT No. FR 67 321 539 660.
VOUSSERT SAS is a company specialising in mail-order sales via its website www.voussert.com. Products are sold either to private individuals (consumers) or professionals (goods acquired for the purposes of the buyer's professional activity).
The website https://www.voussert.com/ complies with French legislation.
« Client » shall mean:
- A business buyer.
- A business buyer with fewer than five employees and who is purchasing a product outside the scope of their core business.
- A non-business buyer.
Both of these buyers shall be referred to as « consumer client ».
« Registration »: shall mean the procedure by which the Client sends VOUSSERT SAS information enabling it to establish the commercial relationship and fulfil the Order, having had access to all the information, including information on its rights.
« Article Description »: each article is depicted on the website www.voussert.com with a photo, a description and logistics data. A technical description may also be offered, depending on the nature of the article. This information may be amended following information forwarded by the manufacturers. VOUSSERT SAS undertakes to convey such information as soon as possible on its website, in order to provide the Client with the most reliable and relevant information.
« Order »: any order placed via the website and any purchase order sent via any other means.
« Contract of sale »: The contract of sale is defined by: i) the expression of the Client's wish regarding their choice of the Product and its quantity at the proposed price, expressed by an initial click on the form (« Basket ») and confirmation of the order received from VOUSSERT SAS containing all the required information, ii) a second click by which the Client accepts the mode of transport and these Standard Terms and Conditions of Sale and, finally, iii) the payment made by the Client, accepted and verified by VOUSSERT SAS.
« Promotional Code »: code enabling the Client placing their order on the website www.voussert.com to receive a benefit. This benefit may take several forms:
- a percentage discount
- a reduced total cost
- a free gift
The Promotional Code is defined according to criteria established by VOUSSERT SAS as to its duration, amount and scope of use. It must always be added by the Client at the time of placing the order and may not be applied retroactively.
« Conformity »: description and characteristics of the product that generated the purchase.
« Consumables »: shall mean a « consumable product »:
- short-term use or disposable items such as paper, plastic, cardboard articles (cups, napkins, tablecloths, hand towels, toilet paper, bin bags, dishcloths, brushes, mops, hygiene and protective products, etc.).
- replacement parts and accessories (blades, brushes, cables, batteries, cords, electrical carbon brushes, filters, etc.) on cleaning equipment.
- replacement parts on electrical appliances (cables, batteries, electrical carbon brushes, filters, bulbs, neon lights, glue boards etc.).
« 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 1: Scope of the Standard Terms and Conditions of Sale (CGV) and governing law
All of our sales are covered by these standard terms and conditions (the « CGV »). The Client expressly confirms acceptance thereof. The business Client agrees that they shall take precedence, where necessary, over their own terms and conditions, such as purchasing conditions. These standard terms and conditions, which the Client confirms they have read, understood and expressly accepted, will apply to all Orders. Regardless of the place of residence or head office of the Client and regardless of the place of delivery, these standard terms and conditions of sale are subject to French law.
Article 2: Information on the site
Our website displays products and information whose content may be changed.
Article 3: Client orders and information
VOUSSERT SAS will not be bound by an Order containing errors, anomalies or omissions. The same applies to incorrect or incomplete information found in the site registration form.
VOUSSERT SAS reserves the right to cancel all orders placed by business 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, and accepted by the latter, the costs of this second delivery will be borne by the latter. In the event of non-conformity between the Order and the Product delivered, the Client must notify this online here: https://www.voussert.com/espace-professionel-particulier/Support.aspx, or make contact with customer service before any return. 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.
Any claim or request from the Client take the form of a follow-up ticket in an online discussion in their Client area.
Article 4: Product availability and delivery
The number of articles available and that of the restock quantities, together with the provisional restocking dates, are provided for information purposes on the website www.voussert.com These elements are updated on the website automatically at regular intervals in order to provide the Client with the most reliable information possible. Since they are subject to change, such information does not constitute contractual commitments. The Client will be routinely informed by us in the event of a stock discrepancy, lead time delay or any other information affecting the Order's fulfilment.
Products not stocked by VOUSSERT SAS are clearly presented as such. The Client will be informed of the timescale in which they will become available. This timescale may vary from a few days to several months. This is also stated for information purposes only and may be subject to change depending on factory availability and transport lead times.
Delivery will take place using compatible means suited to the Order (weight, volume, hazardousness, intended use, hygiene requirements etc.) The delivery lead time will depend on the mode of transport chosen or the nature of the Order.
Our Company delivers DAP (« delivered-at-place »), regardless of the carrier.
Voussert is therefore responsible for delivery of the goods, including the costs of transport to the destination agreed with the buyer.
The costs of fulfilment of import formalities are expressly excluded and will be borne by the buyer.
All costs related to import in the destination country will therefore be paid by the buyer or the recipient.
For a non-French Client, since the value-added tax and/or customs duties will be higher than the duty-free allowances, the buyer must pay the full amount of the taxes upon receipt of the parcel at their place of residence.
If the recipient is absent at the time of delivery or they cannot pay the amount due, the courier will leave an attempted delivery notice.
The Client may choose delivery via several different means of transport and carriage lead times, as follows: Geodis, Schenker, DPD, Point Relais, Colissimo, France Express. The average carriage lead time is as follows for each carrier:
- FRANCE EXPRESS: 36 working hours
- Geodis: 7 working days
- Schenker: 7 working days
- DPD: 3 working days
- Point Relais: 3 working days
- Colissimo: 3 working days
These are the lead times for mainland France excluding Corsica.
The Client may also choose collection from our platforms. In this instance, and if the products ordered are available, the order will be available for collection within 48 hours.
The Client may be notified via SMS and/or email if they have requested this during Registration. Order tracking is available in their client area via the following link: https://www.voussert.com/espace-professionel-particulier/MesCommandesEtFactures.aspx. In the event of delivery problems, the Client may contact our services in the « contact us » section here: https://www.voussert.com/nos-services/Contact.aspx
In the event of delivery dispute / missing product / transport damage or incident of any other kind, the Client may contact the relevant service here: https://www.voussert.com/nos-services/ContactLivraison.aspx
VOUSSERT SAS cannot be held responsible for delivery problems attributable to the buyer, or when such problems arise either due to a third party, or as a result of an instance of force majeure. Delivery lead times may be extended due to the mode of payment chosen by the Client. For example, for a Client choosing delivery via FRANCE EXPRESS in 24 hours, this will not be possible if they are paying by cheque.
All delivery lead times are calculated from the moment VOUSSERT SAS receives payment credited to their designated bank account.
Article 5: Acceptance of the goods and reservations
Pursuant to Section L.221-15 of the French Consumer Code, VOUSSERT SAS is liable by operation of law towards the Consumer Client for the proper fulfilment of their obligations resulting from a contract concluded at a distance, whether these obligations are fulfilled by VOUSSERT SAS itself or by other service providers, such as a carrier.
The company may absolve itself of all or part of this responsibility by supplying evidence that the failure to fulfil the contract can be attributed either to the Client or to the unforeseeable and insurmountable actions of a third party, or to an incident of force majeure.
However, should VOUSSERT SAS invoke the liability of the carrier in the event of damage during transportation of the goods, this will not in any way preclude action by a non-business Client against the vendor.
Consumer Clients are thus not bound by any obligation that may have as its object or effect the deprivation of opportunity to invoke the liability of the vendor on the basis of Section 1648 of the French Civil Code and L.217-12 of the Consumer Code.
VOUSSERT SAS advises the Client to check the good condition of the packages and goods received, and to affix to the transport receipt, if necessary, any reservations concerning the condition of the delivery received, and to alert the services of any damage identified, no later than three (3) days after this delivery https://www.voussert.com/nos-services/Sinistre-livraison.aspx
Article 6: Consumer Client's right of withdrawal: information, exercising the right, product return
6.1 – Non-business Client's right of withdrawal and information
In addition to these CGV – a copy of which has been immediately sent to them by email in PDF format upon acceptance – the consumer Client is once again informed of their right of withdrawal via email upon confirmation of the order. A withdrawal form is attached hereto, in editable PDF format to make it easy to exercise their right
They will receive the following information:
You have the right to withdraw from this contract within fourteen days, without needing to provide a reason.
The withdrawal period will expire fourteen days after the day that you yourself, or a third party other than the carrier and nominated by you, physically takes possession of the final lot or the final item.
To exercise your right of withdrawal, you must notify VOUSSERT's commercial department at 266 Chemin de la Bayette, 83220 LE PRADET (Tel: +33 (0)4.94.12.03.88 / Fax +33 (0)126.96.36.199.69) of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post or fax). You may also complete and forward the model withdrawal form or any other unambiguous statement on our website: https://www.voussert.com. If you use this option, we will promptly send you an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email).
To adhere to the withdrawal period, you must simply forward your notification of exercising your right of withdrawal before the end of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from any choice of a delivery mode other than the cheapest standard delivery method proposed by us) without undue delay and, in any event, no later than fourteen days from the day on which we were notified of your decision to withdraw from this contract. We will pay the reimbursement using the same payment method that you used for the initial transaction, unless you expressly agree to a different method; in any event, this reimbursement will not entail any costs for you. We may defer the reimbursement until we have received the goods or until you have provided proof of dispatch of the goods, whichever date occurs first.
You must return or deliver the goods to VOUSSERT at 34 rue des Forts, Départementale D147.8, 28500 CHERISY without undue delay and, in any event, no later than fourteen days after you notified your decision to withdraw from this contract. This deadline will be deemed to have been adhered to if you return the goods before the end of the fourteen-day period. You must cover the direct costs of returning the goods. You will only be liable for the depreciation of the goods resulting from handling beyond that which is necessary to establish the nature, characteristics and correct functioning of such goods.
The Client has a fourteen (14) calendar day right of withdrawal from the date of receipt of the Product. The starting point for this period is the day when the Client, or a third party other than the carrier designated by the Client, physically takes possession of the product. In the event that goods are sold in several lots of identical products, this will be the day of taking possession of the final lot or of the final item.
During this period, the Client may return undamaged Products without needing to justify their reasons or pay any penalty. If the Products are received damaged, the procedure stipulated in Article 6.3 shall apply.
All Products may be the object of a withdrawal, except for those excluded by law in Section L221-28 of the Consumer Code; for example Products that have been personalised at the Client's request, Products that have been unsealed and cannot be returned for hygiene reasons (e.g. hand towel, toilet paper, mask(s), personal protection, disposable napkins and tablecloths, disposable tableware, products used other than to verify their size, etc.).
The Products returned must be intact and complete and must not be subject to prolonged carriage.
6.2 – Exercise of the right of withdrawal:
The withdrawal form permitting exercise of the right of withdrawal is attached to the order confirmation email. The model form used is that stipulated by Section R.221-1 of the Consumer Code. It is shown below
MODEL WITHDRAWAL FORM
(Please complete and send this form only if you wish to withdraw from the contract)
For the attention of:
VOUSSERT SAS, Bâtiment Esquirol, 266 Chemin de la Bayette, 83220 LE PRADET
- I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract governing the sale of the following goods (*) / for the provision of the following service (*):
- Ordered on(*)/received on(*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s)
(Only in the event of notification of this form on paper)
Consumer Clients may also notify their withdrawal by means of an unambiguous statement in a letter sent by post or by email.
6.3 – Product return
VOUSSERT SAS advises the Client to check the Product at the time of its delivery, and in the event that the Product delivered is not in conformity (product error, defective or incomplete product, etc.), to send written reservations no later than within three (3) days of this delivery to the carrier and/or to VOUSSERT SAS.
In all instances, the statutory guarantees will remain applicable. Thus, a non-conforming Product delivered may only initially be replaced or repaired. However, if the new Product received is not suitable, the Client may exercise, where applicable, their right of withdrawal within the remaining timescale.
In accordance with Section L.221-23 of the Consumer Code, non-business Clients may not be held liable in the event of depreciation of the goods resulting from handling beyond that which is necessary to establish the nature, characteristics and correct functioning of the purchased product; the Client having been informed of their right of withdrawal.
The costs of returning the Product or materials will be borne by the client, and the products and materials remain subject to their responsibility until they reach our warehouse. The Client is free to choose the delivery method and company used to return goods and maintains full responsibility for this choice.
Reimbursement will be made by VOUSSERT SAS on all the sums spent, including the costs of delivery (with the exception of additional costs arising from the fact that the Client chose a delivery mode other than the cheapest standard delivery method proposed VOUSSERT SAS) without undue delay and no later than fourteen (14) days from the day on which we were notified of your decision to withdraw from this contract.
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 an order 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 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 authorities concerned.
Article 8: Non-fulfilment of the contract due to the Client's fault or due to an external event
VOUSSERT SAS may not be held liable in the event that the Contract of sale is not fulfilled:
- due to the consumer Client's fault, in the event of errors, omissions or inaccuracies as specified in Article 4 of this contract
- due to the actions of a third party and without VOUSSERT SAS being held liable
- due to force majeure
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. VOUSSERT SAS may invoke this ownership clause after sending an official summons to pay any outstanding sums, delivered to the Client by recorded post with proof of delivery and unanswered eight days after receipt. Products must then be returned to our company immediately upon request, at the expense and liability of the Client.
Article 10: Displaying of prices: Excluding VAT (HT), including VAT (TTC), General Tax on Polluting Activities (TGAP) and costs of delivery
VOUSSERT SAS sells ells primarily to local authorities, professionals, industrial firms, companies and independent operators who claim back VAT. The prices of the Products offered are displayed inclusive of taxes on our website. When creating their account, the Client has the right to choose to display the price each Product net of tax. 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. Prices are ex-works from our warehouse. Delivery costs are calculated based on the mode of delivery chosen by the Client and the destination, weight and type of the order.
The Client may, prior to the Order, evaluate the cost of the delivery of their choice. https://www.voussert.com/nos-services/La-livraison.aspx
Article 11: Payment
The price invoiced to the Client is the price indicated on the site at the time of the Order, including any Promotional Code. Immediately after receiving the order, the Client will receive an acknowledgement of receipt of the Order to the email address specified at the time of Registration. VOUSSERT SAS may only be held liable for non transmission of this acknowledgement of receipt in the event that their reply is similar to or treated as junk email by the Client's email service.
The Client has the option of checking the status of their Orders, deliveries and payments in their Client area. All Orders placed confer upon the Client the obligation to pay in full.
The Client may use the following payment methods:
- online by credit or debit card: by bank card online (VISA, Mastercard etc.),
- bank transfer
- or by banker's order
VOUSSERT SAS will use a secure online system guaranteed by a French bank for its online payments.
Article 12: Statutory and commercial guarantees
12.1 Statutory guarantees
VOUSSERT SAS, whose registered office is located at 34 rue des Forts, Départementale D147.8, 28500 CHERISY, stands surety for the conformity of the Products sold on its website.
All products sold on its website https://www.voussert.com benefit from the statutory guarantee of conformity (Sections L217-1 et seq of the Consumer Code) and from the guarantee against hidden defects (Sections 1641 et seq. of the Civil Code). This permits the Client to return non-conforming Products or Products delivered faulty.
Activation of the guarantee of conformity:
The deadline for action under the statutory guarantee of conformity is two (2) years. This deadline begins from delivery of the Product.
The Client may choose between a repair or replacement of the Product, subject to the cost criteria stipulated by Section L217-9 of the Consumer Code.
The Client will not be required to provide proof of the existence of the Product's non-conformity during the twenty-four (24) months following delivery of the Product (as of 18 March 2016).
The statutory guarantee of conformity will apply independently of any commercial guarantee that may be granted to you.
Activation of the guarantee against hidden defects:
The Client may decide to activate the guarantee against hidden defects for an item sold within the meaning of Section 1641 of the Civil Code. In this instance, they may choose to request to cancel the sale or reduce the selling price, in accordance with Section 1644 of the Civil Code.
- Section L217-4 of the Consumer Code: The vendor will deliver the goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. It cannot accept responsibility for conformity defects resulting from the packaging, assembly or installation instructions where these not covered by our contract or produced under our supervision.
- Section L217-5 of the Consumer Code: The goods are in conformity with the contract:
1. If they are fit for the purpose habitually expected of similar goods and, where applicable:
- if they correspond to the description provided by the vendor and possess the qualities the latter presented to the buyer in the form of a sample or model;
- if they exhibit the qualities that a buyer may legitimately expect in view of public statements made by the vendor, by the producer or by their representative, for example in publicity or labelling;
2. Or if they exhibit the characteristics defined by mutual agreement by the parties or are fit for the special purpose sought by the buyer, brought to the vendor's attention and accepted by the latter.
- Section L.217-9: In the event of non-conformity, the buyer will choose between having the defective product repaired or replaced. However, the vendor may not proceed according to the buyer's choice if the cost of replacement is manifestly disproportionate compared with the alternative, taking into account the value of the product and the seriousness of the defect. They are then required to proceed with the alternative not chosen by the buyer, unless this is not possible.
- Section L217-12 of the Consumer Code: Action resulting from non-conformity will have a statute of limitations of two years as from delivery of the goods.
- Section L217-16 of the Consumer Code: Where, during the validity period of the commercial guarantee granted at the time of purchase or repair of movable goods, the buyer requests from the vendor a repair covered by the guarantee, any period of at least seven days in which these goods are immobilised will be added to the remaining term of the guarantee. This period will begin from the request for action by the buyer, or the provision of the goods in question for repair, if such provision occurs after the request for action.
- Section 1641 of the Civil Code: The vendor is bound by the guarantee against hidden defects of the item sold that render it unfit for its intended purpose, or which diminish its usage in such a way that the buyer would not have purchased the item, or would have purchased it at a lower price, if they had known about these defects.
- Section 1648(1) of the Civil Code: Action resulting from latent defects must be brought by the purchaser within two years of the discovery of such defects.
12.2 Commercial guarantee
Certain products benefit from an additional commercial guarantee. The latter guarantee is specified on the site alongside eligible Products.
This commercial guarantee offered by SAS VOUSSERT SAS does not cover:
- the replacement of Consumables
- non-compliant, irregular or unusual use of the products
- faults or specific features of a product that, prior to the Order, were the subject of specific and precise information to the Client in the Article Description
The commercial guarantee does not deprive the Client of the benefit of the statutory conformity guarantee or the guarantee against hidden defects.
The Client must return the Product(s) covered by a guarantee directly to the supplier, but only after this return has been accepted by email or by telephone by VOUSSERT's After-Sales service department.
The arrangements for a Product return are stipulated in Article 6 herein.
The Client is informed by reading the Article Description of the criteria for activating the commercial guarantee.
Any complaint by the Client concerning the activation of the commercial guarantee must be sent to the After-Sales department https://www.voussert.com/nos-services/Service-apres-vente-doseur.aspx, VOUSSERT SAS being responsible for contact with the supplier.
If a Product covered under commercial guarantee is returned, the Product must be returned complete and not dismantled. Failure to comply with these requirements may entail a refusal of guarantee. Any traces of modification or disassembly detected will render the guarantee null and void.
Article 13: Deferred payments (business clients)
Subject to opening a business account, invoices must be paid at the time of the Order and without discounting. The account will be created in accordance with the conditions established by VOUSSERT SAS. The conditions of opening the account will be subject to the express agreement of VOUSSERT SAS.
All payments must be made in accordance with the statutory conditions. Any delay in payment will render the invoice issued payable immediately, even if it is not yet due for payment.
Business Clients failing to pay the sums they owe will also incur a fixed recovery fee of 40 euros, pursuant to Sections L441-6 and D441-5 of the Commercial Code.
Article 14: Responsibilities
VOUSSERT SAS has an obligation to produce specific results at all stages of the order process, and for the stages following conclusion of the contract.
It undertakes to describe the Products sold on its website with the utmost accuracy. However, it cannot accept responsibility where failure to fulfil its obligations can be attributed to the unforeseeable and insurmountable actions of a third party, or to an incident of force majeure, as defined by French case-law.
Similarly, the VOUSSERT SAS cannot accept responsibility for any events, unintended consequences or damage inherent to use of the Internet, for example service outages, external interference or the presence of computer viruses.
VOUSSERT SAS does not offer any guarantee of compliance with local legislation applicable to the Client, where the latter is accessing its products from another country.
Article 15: Personal information
When placing an order, the personal information collected will be subject to data processing. To obtain any information about the processing of personal data that it is required to share, the Client is referred to the chapter « Legal notices » (sub-heading: « Protection of goods and persons) on the website.
Article 16: Consumer arbitration – Settlement of disputes – Competent courts and tribunals
In the event of a dispute, the buyer may have recourse to an accredited mediation procedure or any other alternative method of dispute settlement.
In the event of a dispute between a consumer Client and VOUSSERT SAS, and in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the latter may refer the matter to a consumer ombudsman.
As such, VOUSSERT SAS adheres to the e-commerce Ombudsman Service of the FEVAD (French e-commerce and distance selling federation), whose particulars are as follows: Médiateur de la consommation FEVAD BP 20015 – 75362 PARIS CEDEX 8 – https://www.mediateurfevad.fr
Following a prior written approach by the consumer Client to VOUSSERT SAS that has not successfully resolved the problem, the matter may be referred to the Ombudsman Service for consumer disputes.
The procedures for referring dispute cases to the Ombudsman can be found here: https://www.mediateurfevad.fr/index.php/espace-consommateur/
Under Section L.616-2 of the Consumer Code, consumer Clients may make invoke the provisions of Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) by visiting the ec.europa.eu online dispute resolution platform here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR
When goods are purchased in the context of the buyer's professional usage, the only court with authority to rule on the case shall be the Tribunal de Commerce de Versailles (78000).
There the goods are purchased in the context of personal usage, and pursuant to Section R.331-3 of the Consumer Code:
« The consumer may refer the matter to any of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the courts of their place of residence at the time of concluding the contract or at the time of occurrence of the problem at issue ».
In accordance with Section 42 of the Code of Civil Procedure on matters of territorial jurisdiction
« The court with territorial jurisdiction is, unless otherwise stated, that of the place of the defendant's place of residence.If there is more than one defendant, the claimant may refer the matter, at their discretion, to the court of the place of residence of one of the claimants.If the defendant has no place of residence, or known residence, the claimant may refer the matter to the court of their place of residence or that of their choice, if they reside abroad ».
End of the CGV, date: 14 September 2020