Article 1 – Scope of application
In accordance with Article L.441-1 of the French Commercial Code, the present General Terms and Conditions of Sale (the ‘GTCS’) constitute the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which V comme Vanille, registered with the Paris Trade and Companies Register under number 941 623 530 and established 108, rue de Lourmel, 75015 Paris (the ‘Supplier’), supplies professional purchasers (the ‘Purchasers’ or the ‘Purchaser’) upon request, with vanilla beans, other spices and derived products (the ‘Products’ or the ‘Product’).
The GTCS apply to all sales concluded between the Supplier and the Purchaser, regardless of any clauses that may appear in the Purchaser’s documents, and in particular its general terms and conditions of purchase.
All orders for one or more Products imply the Purchaser’s acceptance of the GTCS.
Article 2 – Orders
All orders placed by the Purchaser must be made (i) in person, directly with the Supplier, or (ii) in writing and sent by email to the Supplier, to contact@vcommevanille.com or by WhatsApp to (+33) 6 45 83 62 59, and must indicate the reference of the Product(s), the desired quantity of the Product(s), as well as information relating to the Purchaser (company name, address, telephone number, email address, delivery address and billing address). A quotation is then drawn up by the Supplier.
The order is only definitive when the quotation has been validated in writing by the Purchaser, entailing acceptance of the GTCS, and the full price has been paid by the Purchaser to the Supplier.
An order may only be modified or cancelled by the Purchaser with the agreement of the Supplier, who reserves the right to refuse any modification or cancellation for any reason whatsoever, in particular if the Product(s) has (have) already been dispatched.
The Supplier reserves the right to modify or cancel any order, for any reason whatsoever, in particular in the event of unavailability of Products.
Article 3 – Rates and terms of payment
The Products are supplied at the rates in force on the day the order is placed by the Purchaser, in accordance with the quotation drawn up by the Supplier and accepted by the Purchaser. Unless otherwise agreed, the prices shown on the quotation are valid only for the period indicated.
Product prices are quoted in euros, net of all taxes and excluding delivery charges.
Customs formalities and duties, local taxes or import and/or export duties are the sole responsibility of the Purchaser.
The cost of delivery of the Products will be paid for exclusively by the Purchaser, for the amount indicated in the quotation sent by the Supplier.
The price is payable in full when the Products are ordered.
Payment is made by credit card directly to the Supplier or by bank transfer to the Supplier’s account, details of which appear on the quotation.
The Supplier retains ownership of the Products until full payment has been received from the Purchaser.
An invoice is drawn up for each delivery and issued at the time of delivery.
Article 4 – Deliveries and returns
Delivery is made by the issuance of the Product(s) ordered by a carrier chosen by the Supplier, to the address communicated by the Purchaser, indicated in the quotation accepted by the latter.
The delivery time is given by the Supplier as an indication once the order has been confirmed. Exceeding this deadline shall not give rise to any compensation from the Supplier to the Purchaser.
Responsibility for the risks associated with the delivery of the products is held by the Supplier until the Products are delivered to the Purchaser.
If the delivery time indicated by the Supplier is significantly exceeded, the Purchaser may cancel its order by email sent to the Supplier. In this case, the Supplier will refund the order, subject to having received the Products as dispatched.
In the event of non-delivery of the order due to the loss of the corresponding parcel by the carrier the Purchaser may obtain compensation corresponding to the amount of the price of the order if it so requests by email to the Supplier and on presentation of supporting documents, at the Supplier’s expense.
Any claim concerning apparent defects or non-conformity of the Product(s) delivered in relation to the order must be made in writing and sent by email to contact@vcommevanille.com within 2 days of delivery of the Products, accompanied by supporting documents. Any return of Products must be accepted in writing by the Supplier, who reserves the right to refuse a return if proof of defect or non-conformity is not provided. Any Product returned with the Supplier’s written agreement must be returned by the Purchaser, at its own risk, to the Supplier within 3 days of the agreement. Upon receipt of the returned Product, the Supplier will offer the Purchaser a refund or a new Product, subject to stock availability.
Except in the case of apparent defects or non-conformity, the Purchaser may not refuse or return Products.
Article 5 – Supplier’s liability – Warranties
The Products are covered by the legal warranty against hidden defects, as defined in articles 1641 et seq. of the French Civil Code.
The Supplier cannot be held liable in the event of misuse or negligence on the part of the Purchaser, nor in the event of force majeure.
In any event, the Supplier’s liability is limited to the amount paid by the Purchaser for the order.
Article 6 – Intellectual property
The Supplier retains all industrial and intellectual property rights pertaining to the Products, as well as to photographs of the Products and all documentation related to the Products, which may not be reproduced or represented by the Purchaser, in whole or in part, without the Supplier’s written authorisation.
Article 7 – Personal data
In the course of its business, the Supplier collects and processes the Purchaser’s computerised data (in particular: surname(s), first name(s), address, email address, telephone number, payment information) in compliance with regulations on the protection of personal data. The collection and processing of data is strictly necessary for the execution of orders placed within the framework of the GTCS. Certain personal data may be transmitted to companies that contribute to the execution of the GTCS, such as those responsible for managing payment and transporting Products. The data collected is kept for the time necessary to fulfil the purposes of the GTCS.
In accordance with the ‘Informatique et libertés’ Law, being the French Data Protection Act, of January 6, 1978, as amended, and Regulation (EU) No. 2016/679 of April 27, 2016, the Purchaser has the right to access, rectify, delete and port data concerning him or her, as well as the right to object to the processing for a legitimate reason, rights that may be exercised by contacting the data controller at the following email address: contact@vcommevanille.com.
Article 8 – Applicable law
The GTCS are governed by French law.
For all purposes, the French version of the GTCS shall prevail.
Article 9 – Jurisdiction
All disputes arising from or in connection with the validity, interpretation, performance, resolution, consequences and consequences of the GTCS shall be submitted to the Paris Commercial Court.