General Conditions of Sale to individual consumers
These General Conditions of Sale (hereinafter the “GTC”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the SITE: www.victoireetpaul.com (hereinafter the ” SITE “)
With Victoire et Paul, SASU with a capital of 7000 €
Registered with the RCS of Mâcon under number 844 199 489
Intra-community identification: FR65844199489
Headquarters: 4 rue des Lilas, 71600 Paray-le-Monial
Telephone: +33 6 65 63 47 86
Email: contact@victoireetpaul.com
The SITE www.victoireetpaul.com the following PRODUCTS:
- Child collection
Flower bib, Newborn bib, Bandana bib, Pacifier bib, Small bib, Children’s towel, Triangle bib, Shoulder swaddle, Baby tooth cushion, Anti-pee hat, Health book, Backpack, Changing mat, Hair clip Flat, Croco hair clip, Baby summer scarf, Baby winter scarf, Child summer scarf, Child winter scarf, Bow tie, 67cm lace, 90cm lace, Soft square
- Adult Collection
Summer scarf, Winter scarf, Scarf, Bow tie, Double bow tie, Square bow tie, Mirror, Glasses case, Tissue case, Toothbrush case, Pencil case, Family book case, Tea case, Passport case, Gloves stroller, Small size pouch, Medium size pouch, Large size pouch, Bangle bracelet, Medallion bracelet, Bangle bracelet-wood beads, Necklace, Lace 120cm, Lace 150cm
- Home collection
Small sponge wipes, Small bamboo wipes, Medium sponge wipes, Medium bamboo wipes, Rectangle sponge wipes, Basket and wipes, Headband, Brush case, Night mask, Hot water bottle, Paper towel, 37mm magnet, 25mm magnet, Bag bread, Children’s apron 3-5 years, Children’s apron 6-8 years, Adult apron, Sponge, Napkin ring, Garland, Small basket, Large basket, Large pennant, Small star cushion, Medium size star cushion, Cushion Large Star, Small Size Cloud Cushion, Medium Size Cloud Cushion, Large Size Cloud Cushion, Rectangular Cushion, Short Low, Seat Belt Protector, Car Bin, Luggage Tag, Bookmark, Pencil Case, 12 Markers, Pencil Case , 24 markers, Crown, Memory game, Trombone
IMPORTANT : The CUSTOMER declares to have read and accepted the General Conditions of Sale prior to placing his order. The validation of the order therefore implies acceptance of the General Conditions of Sale.
Updated October 27, 2020
Article 1. Definitions
The terms used below have, in these General Conditions of Sale, the following meaning:
“CUSTOMER”: refers to the contracting partner of Victoire et Paul SASU, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the DELIVERY address indicated during the order.
“PRODUCTS”: refers to all the PRODUCTS available on the SITE.
“SITE”: refers to the web SITE www.victoireetpaul.com owned by Victoire et Paul SASU
Article 2. Principles
These GTC express all the obligations of the parties.
In this sense, the CLIENT is deemed to accept them without reservation. These T & Cs apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
The CUSTOMER is clearly informed and recognizes that the SITE is intended for consumers and that professionals should contact the Victoire et Paul sales department in order to benefit from separate contractual conditions.
These T & Cs are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the GTCS and keep a copy.
Victoire and Paul and the CLIENT agree that these GTC exclusively govern their relationship.
Victoire et Paul reserves the right to modify its GTC from time to time. They will be applicable as soon as they are put online. Victoire et Paul advises the CUSTOMER to read the T & Cs with each new order, the latest version of said conditions applying to any new order for PRODUCTS.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector, the companies of which are headquartered in France.
Article 3. Content
The purpose of these GTCS is to define the rights and obligations of the parties within the framework of the online sale of goods offered by Victoire et Paul to the CLIENT, from the SITE www.victoireetpaul.com
These conditions only concern purchases made on the WEBSITE and delivered exclusively in mainland France or Corsica.
For any DELIVERY in DOM-TOM or abroad, a message should be sent to the following e-mail address: contact@victoireetpaul.com
These purchases concern the following PRODUCTS:
Child collection
Flower bib, Newborn bib, Bandana bib, Pacifier bib, Small bib, Children’s towel, Triangle bib, Shoulder swaddle, Baby tooth cushion, Anti-pee hat, Health book, Backpack, Changing mat, Hair clip Flat, Croco hair clip, Baby summer scarf, Baby winter scarf, Child summer scarf, Child winter scarf, Bow tie, 67cm lace, 90cm lace, Soft square
Adult Collection
Summer scarf, Winter scarf, Scarf, Bow tie, Double bow tie, Square bow tie, Mirror, Glasses case, Tissue case, Toothbrush case, Pencil case, Family book case, Tea case, Passport case, Gloves stroller, Small size pouch, Medium size pouch, Large size pouch, Bangle bracelet, Medallion bracelet, Bangle bracelet-wood beads, Necklace, Lace 120cm, Lace 150cm
Home collection
Small sponge wipes, Small bamboo wipes, Medium sponge wipes, Medium bamboo wipes, Rectangle sponge wipes, Basket and wipes, Headband, Brush case, Night mask, Hot water bottle, Paper towel, 37mm magnet, 25mm magnet, Bag bread, Children’s apron 3-5 years, Children’s apron 6-8 years, Adult apron, Sponge, Napkin ring, Garland, Small basket, Large basket, Large pennant, Small star cushion, Medium size star cushion, Cushion Large Star, Small Size Cloud Cushion, Medium Size Cloud Cushion, Large Size Cloud Cushion, Rectangular Cushion, Short Low, Seat Belt Protector, Car Bin, Luggage Tag, Bookmark, Pencil Case, 12 Markers, Pencil Case , 24 markers, Crown, Memory game, Trombone.
Article 4. Product purchase on the site
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be asked to provide information to identify him by completing the form available on the SITE.
The sign (*) indicates the mandatory fields must be completed for the CLIENT’s order to be processed by Victoire et Paul.
The CUSTOMER can check the status of his order on the SITE.
The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact Victoire et Paul’s sales department at any time by e-mail, at contact@victoireetpaul.com in order to obtain information on the status of his order.
The information that the CUSTOMER provides to Victoire and Paul when placing an order must be complete, accurate and up to date. Victoire et Paul reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Pre-contractual information
The CUSTOMER acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these GTCS of sale and of all the information listed in article L. 221-5 of consumer code.
The following information is sent to the CLIENT in a clear and understandable manner:
The essential characteristics of the property;
The price of the good and / or the method of calculating the price;
If applicable, all additional costs of transport, DELIVERY or postage and all other possible charges payable;
In the absence of immediate performance of the contract, the date or time by which Victoire et Paul undertakes to deliver the good, regardless of its price;
Information relating to the identity of Victoire and Paul, to its postal, telephone and electronic contact details, and to its activities, those relating to legal guarantees, to the functionalities of digital content and, where applicable, to its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.
Article 6. The order
The CUSTOMER has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any PRODUCT, within the limit of available stocks. The CUSTOMER will be informed of any unavailability of the PRODUCT or the goods ordered. For the order to be validated, the CUSTOMER must accept, by clicking in the place indicated, these General Conditions. He must also choose the address and the DELIVERY method, and finally validate the payment method.
The sale will be considered final after sending the CUSTOMER confirmation of acceptance of the order by Victoire et Paul by email; and after receipt by Victoire and Paul of the full price.
Any order implies acceptance of the prices and description of the PRODUCTS available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the CLIENT’s account, Victoire et Paul reserves the right to block the CLIENT’s order until the problem is resolved.
For any question relating to the follow-up of an order, the CUSTOMER can call the following TELEPHONE number: +33 6 65 63 47 86, on the following days and times: Monday to Friday, from 9 a.m. to 6.30 p.m., or send an email to Victoire and Paul at the following email address: contact@victoireetpaul.com.
Article 6.1. Electronic signature
The online supply of the CLIENT’s bank card number and the final validation of the order will constitute proof of the CLIENT’s agreement: payment of the sums due under the order form; signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the CUSTOMER is invited, as soon as this use is noted, to contact Victoire et Paul at the following TELEPHONE number: +33 6 65 63 47 86
Article 6.2. Order confirmation
Once the ordering steps are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address provided by the registration form is correct.
Victoire et Paul does not send order confirmation by mail or fax.
Article 6.3. Proof Of Transaction
The computerized registers, kept in the Victoire and Paul computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 6.4. Billing
During the ordering procedure, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER’s order to be processed by Victoire et Paul).
In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, as well as any possible access code to the DELIVERY address. The CLIENT must also specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that Victoire et Paul sends to the CUSTOMER by email constitute an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original of the invoice upon DELIVERY of the PRODUCTS, inside the package.
Article 6.5. PRODUCT Information
The PRODUCTS governed by these GCS are those which appear on the SITE and which are indicated as sold and shipped by Victoire et Paul. They are offered within the limits of available stocks.
The PRODUCTS are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, Victoire et Paul cannot be held liable.
The photographs of the PRODUCTS are not contractual.
Article 6.6. Price
Victoire et Paul reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the DELIVERY costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the PRODUCTS in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the PRODUCTS.
The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
Article 6.7. PRODUCT Availability
Victoire et Paul undertakes to deliver the PRODUCT on the date or within the time period indicated to the CUSTOMER, unless the parties have agreed otherwise. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned.
CUSTOMERS may also be informed of the restocking of a PRODUCT by Victoire and Paul.
In any case, if the unavailability was not indicated at the time of the order, Victoire et Paul undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, Victoire et Paul may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS no later than (30) days from payment.
Article 7. Payment
Article 7.1. Payment method
This is an order with an obligation to pay, which means that placing the order involves payment from the CUSTOMER.
To pay for his order, the CUSTOMER has, at his option, all the payment methods made available to him by Victoire et Paul and listed on the SITE.
The CLIENT guarantees Victoire and Paul that he has the necessary authorizations to use the payment method chosen by him, when validating the order form.
Payment of the price is made in full on the day of the order, as follows: Credit card; PayPal; Transfer
Article 7.2. Payment date
In the event of a single payment by credit card or PayPal, the CLIENT’s account will be debited as soon as the PRODUCTS order is placed on the SITE.
Article 7.3. Late or Refusal of Payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact Victoire et Paul’s CUSTOMER service (contact@victoireetpaul.com) in order to pay for the order by any other valid means of payment.
Victoire et Paul reserves the right to suspend any order management and any DELIVERY in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment.
Victoire et Paul reserves the right in particular to refuse to make a DELIVERY or to honor an order from a CUSTOMER who has not fully or partially paid a previous order or with whom a payment dispute is in progress. Administration.
Article 8. Delivery
Article 8.1. Availability of PRODUCTS – Refund – Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the SITE, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the order confirmation email.
Collection at Victoire et Paul: shipping costs are free if the customer comes to collect their order from our premises in Paray le Monial (4 rue des Lilas, 71600 Paray le Monial from Monday to Friday from 9 a.m. to 12 p.m. and from 1.30 p.m. to 6 p.m.) . The customer will receive an email when their order is available for pickup.
For DELIVERIES in Metropolitan France and Corsica, the deadline is 3 to 5 days from the day following the day on which the CUSTOMER placed his order, according to the following terms: Chronopost, Mondial Relay. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For DELIVERIES in DOM-TOM or another country, the DELIVERY methods will be specified to the CUSTOMER on a case-by-case basis.
In the event of non-compliance with the agreed DELIVERY date or deadline, the CUSTOMER must, before terminating the contract, order Victoire and Paul to perform it within a reasonable additional period.
In the absence of performance at the expiration of this new period, the CUSTOMER may freely terminate the contract.
The CUSTOMER must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by Victoire and Paul of the letter or writing informing them of this resolution, unless the professional has performed in the meantime.
The CUSTOMER may however immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, Victoire et Paul is required to reimburse the CLIENT for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the PRODUCT ordered, the CUSTOMER will be informed as soon as possible and will have the possibility of canceling his order. The CUSTOMER will then have the choice of requesting either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the PRODUCT.
Article 8.2. Delivery terms
DELIVERY means the transfer to the consumer of physical possession or control of the good. The PRODUCTS ordered are delivered in accordance with the terms and time specified above.
The PRODUCTS are delivered to the address indicated by the CUSTOMER on the order form, the CUSTOMER must ensure its accuracy. Any package returned to Victoire et Paul because of an incorrect or incomplete DELIVERY address will be reshipped at the CUSTOMER’s expense.
The CUSTOMER may, at his request, obtain the sending of an invoice to the billing address and not to the DELIVERY address, by validating the option provided for this purpose on the order form.
If the CUSTOMER is absent on the day of DELIVERY, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected at the place and time indicated.
If at the time of DELIVERY, the original packaging is damaged, torn, opened, the CUSTOMER must then check the condition of the items. If they have been damaged, the CUSTOMER must absolutely refuse the package and note a reservation on the DELIVERY slip (package refused because open or damaged). The CUSTOMER must indicate on the DELIVERY slip and in the form of handwritten reserves accompanied by his signature any anomaly concerning the DELIVERY (damage, product missing compared to the DELIVERY slip, damaged package, broken PRODUCTS, etc.). This verification is considered to have been carried out once the CUSTOMER, or a person authorized by him, has signed the DELIVERY slip.
The CUSTOMER must then confirm these reservations to the carrier by registered mail at the latest within two working days of receipt of the item (s) and send a copy of this letter by fax or simple mail to Victoire et Paul at the address indicated in the legal notices of the SITE.
If the PRODUCTS need to be returned to Victoire et Paul they must be the subject of a return request to Victoire et Paul within 14 days of DELIVERY.
Any complaint made after this deadline cannot be accepted.
The return of the PRODUCT can only be accepted for the PRODUCTS in their original state (packaging, accessories, instructions, etc.).
Article 8.3. Delivery Errors
The CUSTOMER must formulate to Victoire et Paul on the same day of DELIVERY or at the latest on the first working day following DELIVERY, any complaint of DELIVERY error and / or non-conformity of the PRODUCTS in kind or in quality compared to to the information on the order form. Any complaint formulated beyond this period will be rejected.
The complaint may be made, at the choice of the CUSTOMER: by TELEPHONE at the following number: +33 6 65 63 47 86; by e-mail at the following address: contact@victoireetpaul.com
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release Victoire et Paul from any liability vis-à-vis the CLIENT.
Upon receipt of the complaint, Victoire et Paul will assign an exchange number for the PRODUCT (s) concerned and will communicate it by e-mail to the CUSTOMER. The exchange of a PRODUCT can only take place after the allocation of the exchange number.
In the event of a DELIVERY or exchange error, any PRODUCT to be exchanged or reimbursed must be returned to Victoire et Paul as a whole and in its original packaging, by Colissimo Recommended, to the following address:
Victoire and Paul SASU
4 rue des Lilas
71600 Paray le Monial
Return costs are the responsibility of Victoire and Paul
Article 9. Product warranty
Article 9.1. Legal guarantee of conformity
Victoire et Paul guarantees the conformity of the goods sold with the contract, allowing the CUSTOMER to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the CUSTOMER has a period of 2 years from the delivery of the goods to act;
– the CUSTOMER can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
– the CUSTOMER does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the good.
Article 9.2. Legal warranty against hidden defects
In accordance with Articles 1641 and following of the Civil Code, Victoire et Paul is responsible for hidden defects that may affect the property sold. It will be up to the CUSTOMER to prove that the defects existed in the sale of the good and are such as to make the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The CUSTOMER can choose between rescinding the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 10. Right of withdrawal
Article 10.1. Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the CUSTOMER has a period of 14 days from the date of DELIVERY of his order, to return any item that does not suit him and request the exchange or refund without penalty, to with the exception of return costs which remain the responsibility of the CUSTOMER.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete PRODUCTS are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this SITE. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the CUSTOMER. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express a willingness to retract.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the PRODUCT (s) purchased and the DELIVERY costs are reimbursed.
Return costs are the responsibility of the CUSTOMER.
The exchange (subject to availability) or the refund will be made within 8 days, and at the latest, within 14 days of receipt, by Victoire and Paul of the PRODUCTS returned by the CUSTOMER within conditions provided above.
Article 10.2. Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
supply of goods the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
supply of goods made to the consumer’s specifications or clearly personalized;
supply of goods liable to deteriorate or expire rapidly;
for the supply of goods which have been unsealed by the consumer after DELIVERY and which cannot be returned for reasons of hygiene or health protection;
supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
supply of alcoholic beverages the DELIVERY of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
supply of audio or video recordings or computer software when they have been unsealed by the consumer after DELIVERY;
supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
for the supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
Article 11. Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.
Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to CUSTOMERS.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, these GTCS may be terminated by the injured party.
Article 12. Intellectual property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.
Anyone who publishes a web SITE and wishes to create a direct hypertext link to the SITE must request permission from Victoire et Paul in writing.
This authorization from Victoire et Paul will in no case be granted definitively. This link must be removed at the request of Victoire and Paul. Hypertext links to the SITE which use techniques such as framing or the insertion of hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its content, by any means whatsoever, without the express prior authorization of Victoire et Paul, is prohibited and will constitute an infringement punishable by articles L.335-2 and following and Articles L.713-1 and following of the Code of Intellectual Property.
Acceptance of these T & Cs constitutes recognition by the CUSTOMER of the intellectual property rights of Gaufre & Chantilly® and a commitment to respect them.
Article 13. Information technology and freedoms
Victoire et Paul collects personal data about its CUSTOMERS on the WEBSITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by Victoire et Paul is used to process orders and, if the CUSTOMER has expressly chosen this option, to send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, except if the CUSTOMER no longer wishes to receive such communications from Victoire and Paul
The CLIENT’s data are kept confidentially by Victoire and Paul for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to service providers Victoire and Paul involved in the ordering process.
For commercial purposes, Victoire et Paul may transfer the names and contact details of its CLIENTS to its business partners, provided that they have expressly given their prior consent when registering on the SITE.
Victoire et Paul will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting Victoire and Paul.
Victoire et Paul can also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDPR), the seller ensures the implementation of the rights of persons concerned.
It is recalled that the CUSTOMER whose personal data are processed enjoys the rights of access, rectification, updating, portability and erasure of information concerning him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulations on the Protection of Persons (RGPD). In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without any cost.
The CUSTOMER can exercise these rights by sending an email to: contact@victoireetpaul.com or by sending an email to:
Victoire and Paul SASU
4 rue des Lilas
71600 Paray-le-Monial
Article 14. Partial non-validation
If one or more stipulations of these T & Cs are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.
Article 15. Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these GTC cannot be interpreted for the future as a waiver of the obligation in cause.
Article 16. Language of the contract
These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 17. Mediation
If applicable, the CUSTOMER may submit any complaint by contacting the Company by email at the following address: contact@victoireetpaul.com and by mail at the following address:
Victoire et Paul, 4 rue des Lilas, 71600 Paray le Monial
The CUSTOMER may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The link to contact the European Ombudsman:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Article 18. Applicable law
These T & Cs are subject to the application of French law.
In the event of a dispute or claim, the CUSTOMER will first contact Victoire and Paul to obtain an amicable solution.
Article 19. Protection of personal data
Article 19.1. Collected Data
The personal data collected on this SITE are as follows:
Opening an account: when creating the user’s account, their first and last name; email address ; Phone Number ; address ;
Connection: when the user connects to the SITE, the user records, in particular, his name, first name, connection, use, location and payment data;
Profile: the use of the services provided on the SITE allows you to enter a profile, which may include an address and a TELEPHONE number;
Payment: as part of the payment for PRODUCTS and services offered on the SITE, it records financial data relating to the user’s bank account or credit card;
Communication: when the SITE is used to communicate with other members, the data concerning the user’s communications are temporarily stored;
Cookies: cookies are used as part of the use of the SITE. The user has the option of deactivating cookies from their browser settings.
Article 19.2. Use of Personal Data
The personal data collected from users is intended to provide the services of the SITE, to improve them and to maintain a secure environment.
More specifically, the uses are as follows:
access and use of the SITE by the user;
management of the operation and optimization of the SITE;
organization of the conditions of use of the Payment Services;
verification, identification and authentication of data transmitted by the user;
offering the user the possibility of communicating with other users of the SITE;
implementation of user assistance;
personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;
prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
management of any disputes with users;
Sending commercial and advertising information, based on user preferences.
Article 19.3. Sharing Personal Data With Third Parties
Personal data may be shared with third-party companies in the following cases:
when the user uses the payment services, for the implementation of these services, the SITE is in contact with third-party banking and financial companies with which it has entered into contracts;
when the user publishes publicly accessible information in the free comment areas of the WEBSITE;
when the user authorizes the SITE of a third party to access his data;
when the SITE uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;
if required by law, the SITE may transmit data to respond to complaints against the WEBSITE and comply with administrative and legal procedures;
if the WEBSITE is involved in a merger, acquisition, asset transfer or reorganization procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Article 19.4. Security And Confidentiality
The SITE implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the SITE cannot guarantee the security of the transmission or storage of information on the Internet.
Article 19.5. Enforcement of User Rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by submitting their request to the following address: contact@victoireetpaul.com.
The right of access: they can exercise their right of access, to know the personal data concerning them.
In this case, before implementing this right, the SITE may request proof of the user’s identity in order to verify its accuracy.
The right of rectification: if the personal data held by the web SITE are inaccurate, they can request the updating of the information.
The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
The right to limit processing: users can ask the SITE to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
The right to portability: they can request that the SITE provide them with the personal data provided to it in order to transmit them to a new SITE.
Article 19.6. Evolution of this Clause
The SITE reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the SITE undertakes to publish the new version on its SITE.
The SITE will also inform users of the modification by e-mail, at least 15 days before the effective date.
If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Withdrawal form
(To be competent by the consumer, and to be sent by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)
To the attention of :
Victoire and Paul SASU
4 rue des Lilas
71600 Paray le Monial
+33 6 65 63 47 86
contact@victoireetpaul.com
I hereby notify you of my withdrawal from the contract for the sale of the product below:
Product reference:
Invoice number:
Order form number:
Ordered on:
Received on:
Method of payment used:
First and last name of the consumer and, if applicable, of the beneficiary of the order:
Consumer address:
Delivery address :
Date:
Consumer’s signature (except in the case of transmission by email):
Consumer Code
Article L. 217-4: « The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility ».
Article L. 217-5: « The goods comply with the contract »
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-6: « The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them » .
Article L. 217-7: « Lacks of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity ».
Article L. 217-8: « The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by citing a defect that he knew or could not have ignored when he contracted. The same is true when the defect has its origin in the materials which he himself supplied ».
Article L. 217-9: « In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ».
Article L. 217-10: « If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter given the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor ».
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12: « the action resulting from the lack of conformity lapses two years after delivery of the goods ».
Article L. 217-13: « the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by law ».
Article L. 217-14: « The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code ».
Article L. 217-15: « The commercial guarantee means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or the repair of the good or the service. any other service related to the good, in addition to its legal obligations aimed at ensuring the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it ».
Article L. 217-16: « When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime of at least seven days is added to the remaining warranty period.
This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention ».
Civil Code
Article 1641: « The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it. , or would have given a lower price, if he had known them ».
Article 1648: « The action resulting from crippling defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity ».
Updated October 27, 2020