The present terms and conditions of sale (hereinafter the “Terms and Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the VR.CAM website (hereinafter the “WEBSITE”) from Edition Multimedia Caumont, registered in the Marseille Trade and Companies Register under number B 448 569 947, headquartered at E.M.C , 12 rue Roger Salengro, 13760 Saint Cannat, France , email: email@example.com (hereinafter the “SELLER”).
Any order placed on the SITE implies the CUSTOMER’s unreserved acceptance of these terms and conditions of sale.
Article 1 – DEFINITION
The terms used hereinafter have the following meanings in these Terms and Conditions:
“SITE” refers to VR.CAM
“CUSTOMER” refers to the SELLER’s co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. As such, it is expressly stipulated that this CLIENT is acting outside of any usual or commercial activity.
“DELIVERY” refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of ordering.
“PRODUCTS” refers to all products available on the SITE.
“CONSUMER” refers to any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity.
Article 2 – PURPOSE
These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from separate contractual conditions.
Article 3 – ACCEPTANCE OF GENERAL CONDITIONS
The CUSTOMER undertakes to carefully read and accept the present General Terms and Conditions before proceeding with the payment of an order for PRODUCTS placed on the SITE.
The present General Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download and print the General Terms and Conditions, and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, as the latest version of said Conditions applies to all new orders of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4 – OPENING AN ACCOUNT – PURCHASING PRODUCTS on the site
In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the SELLER to process the CLIENT’s order. The CLIENT can check the status of his order on the SITE.
If necessary, DELIVERY can be tracked using the online tracking tools of certain carriers.
The CUSTOMER may also contact the SELLER’s sales department at any time by e-mail at firstname.lastname@example.org to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information communicated.
Article 5 – ORDERS
Article 5.1 – Product characteristics
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law (in these General Terms and Conditions).The CLIENT undertakes to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular as a function of constraints linked to its suppliers.Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2 – Ordering procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT’s start page, the steps may differ slightly).
5.2.1 – PRODUCT selection and purchase options
The CLIENT must select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT’s shopping cart. The CLIENT may then add as many PRODUCTS as he/she wishes to his/her basket.
5.2.2 – Ordering
Once the PRODUCTS have been selected and placed in the shopping cart, the CLIENT must click on the shopping cart and check that the contents of the order are correct. If the CLIENT has not already done so, he/she will then be invited to log in or register.Once the CLIENT has validated the contents of the basket and logged in/registered, he/she will be presented with an automatically completed online form summarizing the price, applicable taxes and, where applicable, delivery charges. The CLIENT is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CLIENT may then proceed to payment for the PRODUCTS by following the instructions on the SITE, and provide all the information required for invoicing and DELIVERY of the PRODUCTS.Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected.Orders placed must include all the information required for proper order processing.The CLIENT must also indicate the delivery method chosen.
5.2.3 – Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT’s order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated via the registration form is correct. The SELLER does not send any order acknowledgement by post or fax.
5.2.4 – Invoicing
During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER).in particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address. Neither the order form drawn up by the CLIENT online, nor the acknowledgement of receipt of the order sent by the SELLER to the CLIENT by e-mail, constitutes an invoice. Whatever the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.
5.3 – Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only begin to run from this date.
5.4 – Prices
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros, inclusive of all taxes, as well as the applicable delivery charges (depending on the weight of the package, the DELIVERY address and the carrier or mode of transport chosen).Prices include in particular value-added tax (VAT) at the rate in force on the order date. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except in the case of gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.
5.5 – Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies “just-in-time” stock management. Consequently, depending on the case, the availability of the PRODUCTS depends on the SELLER’s stocks.The SELLER undertakes to honour orders received subject to the availability of the PRODUCTS.The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable. The SELLER may, at the CLIENT’s request:- either offer to ship all PRODUCTS at the same time as soon as out-of-stock PRODUCTS become available again,- or proceed with a partial shipment of the available PRODUCTS initially, then with the shipment of the remainder of the order when the other PRODUCTS become available, subject to clear information concerning the additional shipping costs that may be incurred,- or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CLIENT decides to cancel its order for unavailable PRODUCTS, it will obtain reimbursement of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 6 – RIGHT OF WITHDRAWAL
The terms and conditions of the right of retraction are set out in the “retraction policy”, which is available in Appendix 1 of these terms and conditions and can be accessed at the bottom of each SITE page via a hypertext link.
Article 7 – PAYMENT
7.1 – Payment methods
The CLIENT may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.The CLIENT warrants to the SELLER that it holds all the authorizations required to use the chosen method of payment.The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
7.2 – Payment date
In the case of a single payment by credit card, the CLIENT’s account will be debited as soon as the PRODUCTS are ordered on the SITE. In the case of partial DELIVERY, the total amount will be debited from the CLIENT’s account at the earliest when the first package is shipped. If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3 – Late or refused payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER’s Customer Service in order to pay for the order by any other valid means of payment.In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8 – EVIDENCE AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order amounting to more than 120 euros inclusive of tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT’s request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9 – TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.
Article 10 – DELIVERY
The terms of DELIVERY of the PRODUCTS are set out in the “Delivery Policy” referred to in annxe2 hereof
Article 11 – PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
Article 12 – WARRANTIES
12.1 – Warranty of conformity
The SELLER is bound to deliver a PRODUCT in conformity, i.e. fit for the use expected of a similar good and corresponding to the description given on the SITE. In this context, the SELLER is liable for defects of conformity existing at the time of delivery, and for defects of conformity resulting from the packaging, assembly instructions or installation, when the latter has been made his responsibility or has been carried out under his responsibility. In the event of lack of conformity, the CONSUMER may request replacement or repair of the PRODUCT, at his option. However, if the cost of the CONSUMER’s choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CONSUMER. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the return of the PRODUCT by the CONSUMER to the following address: E.M.C , 12 rue Roger Salengro, 13760 Saint Cannat, France.
12.2 – Warranty for hidden defects
The SELLER is bound by the warranty for latent defects in the PRODUCT sold which render it unfit for its intended use, or which impair such use to such an extent that the CLIENT would not have purchased it, or would have paid a lesser price for it, had he been aware of them. This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the return of the PRODUCT by the CLIENT to the following address: E.M.C , 12 rue Roger Salengro, 13760 Saint Cannat, France. The action resulting from latent defects must be brought by the CLIENT within two (2) years of the discovery of the defect.
Article13 – LIABILITY
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular at the time of order entry.
The SELLER may not be held responsible, or considered as having failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Article 14 – PERSONAL DATA
On the SITE, the SELLER collects personal data concerning its Customers,
The data collected by the SELLER is used to process orders placed on the SITE, to manage the CUSTOMER’s account, to analyze orders and, if the CUSTOMER has chosen this option, to send commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT’s data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract and its execution, and in compliance with the law.
CLIENTS may 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 e-mail.
Data may be communicated, in whole or in part, to the SELLER’s service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the latter have given their prior consent when registering on the SITE.
The SELLER will specifically ask CLIENTS whether they wish their personal data to be disclosed. CLIENTS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. This right may be exercised by sending an e-mail to email@example.com or by sending a letter to : E.M.C , 12 rue Roger Salengro, 13760 Saint Cannat, France.
It is specified that the CUSTOMER must be able to prove his/her identity, either by scanning an identity document, or by sending the SELLER a photocopy of his/her identity document.
Article 15 – CLAIMS
Any written claim by the CLIENT must be sent to the following address: E.M.C , 12 rue Roger Salengro, 13760 Saint Cannat, France.
Article 16- INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
Under no circumstances will the SELLER’s authorization be granted on a permanent basis. The link must be removed at the SELLER’s request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17 – VALIDITY OF GENERAL CONDITIONS
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize CLIENTS to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 18 – MODIFICATION OF GENERAL CONDITIONS
The present General Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time.
The General Conditions applicable are those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19 – JURISDICTION AND APPLICABLE LAW
These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to an arbitration or state judge, negotiation will be favored in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject to negotiation. As an exception, the parties are authorized to refer the matter to the court for summary proceedings or to request the issuance of an order upon request. A possible action before the summary jurisdiction or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable arrangement clause, unless expressly wished otherwise.