| General
Conditions of Sale
N&F VALMARY is under licence of
SARL NORAUDE
Registration n° Carcassonne B 721 850 485
Le Caïrat Haut - 11800 Trèbes - France
Tel : (33) 4 68 78 72 85
Fax : (33) 4 68 78 72 85
Business capital : 200,000 FF
IMPORTANT
UPON CONNECTION TO www.valmary.com YOU ACCEPT THE PRESENT
CONDITIONS OF SALE AND AGREE TO BE BOUND BY THEM.
THESE CONDITIONS ARE APPLICABLE TO ALL ORDERS PLACED
WITH VALMARY.
ALL ORDERS WILL THEREFORE BE EXCLUSIVELY GOVERNED BY
THESE GENERAL CONDITIONS.
PREAMBLE
The internet
site www.valmary.com (hereafter known as the 'site'),
has been designed by VALMARY who is the owner and
title holder of all rights relating to the site.
Copying or downloading all or part of the site and
its content is prohibited without prior written agreement
from VALMARY (Nathalie Valmary tel: 04.68.78.72.85).
CLAUSES APPLICABLE TO ORDERS PLACED AND CONTRACTS SIGNED:
Article
1: ACCEPTANCE
OF THE PRESENT GENERAL CONDITIONS
Upon connection to
the site, the user who wishes to place an order with
Valmary, (hereafter known as the 'company') affirms
that he/she has read and accepts the present conditions
of sale and accepts to be bound by them for product
purchases by whatever means employed.
The act of filling
out the order form on the site and confirming the
order (by clicking on the confirmation button), represents
complete acceptance of the general conditions of sale,
which will be the only conditions applicable to the
contract that is consequently established.
The products available
on the site are described in product files which indicate
their references, colour, characteristics and in certain
cases carry a photograph. Photographs and illustrations
within the site and product descriptions are not part
of the contract. Photographs and illustrations are
not binding and the company is not liable for their
content.
CNIL (French
data protection act)
As required by the
law of 6th January 1978 on computer data
and civil liberties, you may have access to, rectify
or request deletion of information held which concerns
you by notifying us by e-mail. If you no longer wish
to receive sales information, please stipulate this
by e-mail.
The parties agree
that the present contract is subject to French law.
In the event of litigation, the Industrial Tribunal
of Carcassonne will be declared the competent jurisdiction.
Article
2: ORDER
CONFIRMATION AND CONCLUSION OF THE CONTRACT
The site continuously
makes sales offers for products, this is not legally
considered as a permanent offer. The sales contract
will only be deemed effective upon confirmation of
the order by the company and also upon payment by
the buyer of the total amount of the order.
Payment for an order
may be made by Visa, Mastercard or American Express
on-line, or by fax or mail and also French crossed
cheques. The delivery dates for the order are only
valid from the time that Valmary has received complete
payment for the order. The entry of your credit card
number and expiry date on the site are carried out
in a secure payment zone with data encryption, the
details may equally be forwarded by fax or mail. We
reserve the right to provide a non-secured payment
zone which will be indicated as such to the user.
Upon payment validation,
in conformity to article 3 of the present conditions
of sale, the order is deemed accepted by VALMARY,
where payment has been received by Valmary within
15 days after the order having been placed.
VALMARY will consequently
confirm order acceptance through the user's choice
of communication method: voice mail, telephone, fax
or mail. This order confirmation, or order refusal,
will be made within 48 working hours following reception
of the order (except in certain circumstances as notified
on the site).
ARTICLE 3: GENERAL OBLIGATIONS PERTAINING
TO BOTH PARTIES
3.1 VALMARY Undertakings
VALMARY undertakes,
upon acceptance of an order, to sell and deliver the
products ordered (hereafter known as the 'products')
to the user once payment has been completed as set
out in article 2 of the present sales conditions.
For this, VALMARY
undertakes to transfer the finished products to a
transport company, nominated by VALMARY, within the
manufacturing schedules stipulated upon order confirmation.
Delivery dates indicated
on the site are for information purposes only.
VALMARY has established
contracts with several transport companies, who undertake
to deliver the Products to the address given by the
client.
Valmary reserves
the right to refuse an order, even after automatic
acceptance if the destination country is subject to
a European or French embargo.
Delivery dates indicated
on the site are for information purposes only. The
delivery date is deemed to be the date at which Valmary
transfers the finished 'Product' to the transport
company.
Valmary undertakes
to deliver the product within 45 days of the order.
In the event of non-availability of the goods ordered,
Valmary will inform the client as quickly as possible.
In these circumstances, the client may claim reimbursement
of sums paid if the company cannot provide the product
or one of equivalent price and quality. Valmary undertakes
to reimburse the client within thirty days of reception
of the reimbursement request.
3.2 User obligations:
The client undertakes
to supply VALMARY with an address at which delivery
can be made during working hours from 8am to 5pm.
The address must equally be easily accessible for
the transport company.
The client undertakes
to pay or to arrange payment for customs duties, VAT
or other taxes arising from importing Products into
the destination country.
The client has a
retraction period of 7 consecutive days from reception
of the product during which he/she may request exchange
or refunding. In this case, the buyer must return
the product at his/her own expense. The return is
valid if the product is returned in its original packaging
and has not been used or worn by the buyer. This condition
is not valid in the case of Products made as a special
order for the client.
All orders placed
are for the client's personal use or for the personal
use of the person nominated at the delivery address.
Special client
orders or made to measure orders.
For returns in this
case, Valmary will offer to make alterations. The
buyer may therefore return the made to measure Product
within 7 consecutive days following reception of the
Product. In order for Valmary to carry out alterations,
the buyer must enclose a letter indicating the address,
reception date and as precisely as possible, details
of the alterations required. In the Europe Community,
only the return transport is at the client's expense,
Valmary will return the product and carry out the
alterations required by the client. If delivery is
outside the European Community, transport in both
directions is at the client's expense. In this case,
the client must enclose the amount for the return
of the Product.
ARTICLE
4: SPECIFIC
CONDITIONS
4.1. Price, Invoice
The total price expressed
by VALMARY upon order confirmation is definitive.
The price is expressed
in Euros, prices given in other currencies
are for information only.
Payment for Products
is to be made solely by credit card. The client's
card will be debited in Euros upon acceptance
of the order by VALMARY.
4.2. Transport - Delivery
- Delivery Dates:
The dates proposed
by VALMARY vary from country to country. On the site,
the dates indicated are for information only, VALMARY
cannot be held responsible for overrunning dates indicated
on the site or during order confirmation. However,
article L114-1 of the Consumer Code enables the customer
to cancel an order if the delivery date is exceeded
by more than 7 days and if the order is over 3000FF
in value. Cancellation must be notified by registered
mail.
Valmary cannot be
held responsible in the event of delays due to the
client being absent upon delivery of the order or
if incorrect information has been forwarded by the
client.
In the event of absence
of the client or a person being able to receive the
Products upon delivery, the transport company will
leave a non-delivery notice at the delivery address
supplied by the client, inviting the client to collect
his/her goods.
The delivery dates
given on the site are for information only. The delivery
period is understood to be the date at which the package
leaves the workshop. The maximum delivery date is
6 weeks following validation of the order.
4.3 Passing of risk:
Passing of risk is
effective upon the transfer of Products by VALMARY
to the transport company. Products are therefore transported
at the client's risk.
4.4 Claims upon product reception
- limiting cases of reimbursement / replacement
The client may only
may only make claims upon Product delivery in the
event of quantitative non-conformity.
Such claims must
be made in writing to the transport company upon delivery.
A copy of the claim must be sent to VALMARY (by e-mail
or fax) within 12 hours. The client must equally supply
VALMARY with the transport company's confirmation
of the claim.
In the unlikely event
of size problems in made-to-measure or personalised
shirts, Valmary undertakes to carry out the required
alterations under the following conditions:
the shirt was produced by Valmary
the shirt has never been worn
the shirt may only be altered if returned to Valmary
in perfect condition, all shipping expenses and
re-importing taxes are at the client's expense,
as are the alteration costs
the shirt has been returned within 7 days of reception
by the client
If the above conditions
are met, Valmary undertakes to carry out the alterations
within 30 working days and to re-ship it according
to the conditions outlined in articles 3.2 and 4.5
of the present general conditions of sale.
4.5 Returns - Guarantee
Valmary shirts are
made to measure or personalised and are therefore
specific to each client. We cannot therefore accept
the return of our shirts; Valmary made to measure
shirts cannot be returned nor exchanged, the only
return possible is for alterations.
For products sold
on our site other than made to measure and personalised
Valmary shirts, in line with article 1 of the consumer
law dated 6th January 1988, the buyer of
a product by electronic or mail order, may return
the merchandise within a period of 7 consecutive days.
We guarantee a quality
product. However, this excludes wear due to negligence
or non-respect of maintenance recommendations.
INVALIDITY
- FORCE MAJEURE - APPLICABLE LAW - COMPETENT JURISDICTIONS
If any of the present
Conditions of Sale should be declared inapplicable
for whatever reason, this invalidity or inapplicability
will not affect the application or validity of the
other articles of the Conditions of Sale, the invalid
or inapplicable article being replaced by the closest
possible article.
Neither VALMARY nor
the client may be held responsible for non-execution
of an order due to force-majeure or events beyond
its control, such as war, riots, insurrection, transport
stoppages, import or export problems, strikes, lock-outs,
shortages, fire, earthquakes, storms, floods.
The present Conditions
of sale are exclusively governed by French law.
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