General terms and conditions of sale of VINT'ELEC
"Conditions updated on March 10, 2019"
Site published by : VINT'ELEC
Located at 31 Boulevard Dubouchage 06000 NICE.
Director of publication: Françoise COMBET
Hosting company :
These conditions are concluded between, on the one hand, the company VINT'ELEC
Françoise COMBET (self-entrepreneur)
Registered in the Répertoire des Entreprises et des Etablissements (SIRENE)
SIRET: 841 977 275 00012
VAT not applicable - Article 293 of the CGI
Bank Account: Société Générale NICE Médecin
And, on the other hand, people wishing to make a purchase via the VINT'ELEC website
https://www.vintelec.com/ hereinafter referred to as "the User".
The parties agree that these terms and conditions of sale, available on the day of purchase, exclusively govern their relationship. The proposed language for the conclusion of the contract between the parties is French or English.
If a condition is not met, it will be considered to be governed by the practices in force in the distance selling sector, where companies have their registered office in France.
The purpose of these conditions is to define the terms of sale between VINT'ELEC and the User, from the placing of orders to after-sales services, including payment and delivery.
The Products governed by these General Terms and Conditions, hereinafter referred to as "the Products", are those that appear on the Website https://www.vintelec.com/ . They are offered within the limits of available stocks and/or mentioned as resupplyable.
3- The order
The User has the possibility to place his order from the online catalogue.
Any order implies acceptance of the prices and description of the products available for sale. The User has the possibility to modify his basket before the final validation, this last step formalizing the sales contract between VINT'ELEC and the user.
In certain cases, such as non-payment, incorrect address or other problems on the User's account, VINT'ELEC reserves the right to block the User's order until the problem is resolved.
Orders can be addressed to VINT'ELEC by mail, Internet or by telephone directly to our sales department (email@example.com - 04.22.16.62.94)
We will ship to the address provided by our customer, all the items listed on his order, according to the deadlines and availability of the products displayed on the product sheet.
In the event of definitive unavailability of the product, we will offer a product with the same or better characteristics to the customer who can accept or refuse this new item. In the event of a small amount remaining, we reserve the right to cancel the remaining amount and, if necessary, to refund it (in the event of advance payment).
As the main market is for obsolete products, it may happen that the delay of a product is delayed (the customer will then be notified and will confirm his agreement or cancellation).
It may also happen, in particular in the case where there is only one source of supply, and it is not found in stock or is deemed non-compliant by our reception service, that an order is cancelled.
Of course, we try to ensure that this happens only very rarely, but in this particular case, no compensation or compensation can be claimed.
Orders resulting in split or scheduled deliveries to satisfy the customer's request or for products not referenced by VINT'ELEC (non-catalogued products) are considered firm. They cannot be totally or partially cancelled. For these orders a deposit or even a prepayment may be required.
Packages can be shipped worldwide. The user should refer to the "Delivery" section on https://www.vintelec.com/ for shipping terms and costs.
Shipping costs, for France and Monaco are calculated on a flat-rate basis at a rate of €4.95 including VAT up to 5 kg. In the event of an overrun, a surcharge is applied to the shipping costs, which will be communicated at the time of ordering.
Our delivery times are understood to be from the date of the acknowledgement of receipt of the order. Delivery times are given as an indication and are not guaranteed. Exceeding them cannot lead to any cancellation of the order or compensation.
VINT'ELEC is authorised to make global or partial deliveries and within the limits of availability, while respecting the amount of transport agreed at the time of order. In any case, compliance with delivery deadlines will be subject to the buyer being up to date with all his obligations towards VINT'ELEC, whatever the cause. A buyer partially delivered in particular in the event of limited stock will not be able to claim any compensation.
The goods travel at the risk of the customer who takes delivery under his responsibility, regardless of the mode of transport or the method of payment of the price. It is the customer's responsibility to check upon receipt the quantity, quality, weight and dimensions of the goods delivered and, in the event of damage, to exercise any recourse against the carrier. In the event of direct delivery by VINT'ELEC, the customer must report any damage or defects to the delivery person.
The User has several means of payment:
Online when ordering by credit card: Carte Bleue, Visa, Mastercard. The user's account will be debited when ordering. In the event of products that are out of stock or unavailable, the refund will be made as soon as the supply problem is known. Transactions by credit card are carried out with the secure payment system of SOCIETE GENERALE. This procedure is intended to protect you against fraud.
Online when ordering by Paypal:
The User's Paypal account is directly debited as soon as the order is placed. In case of exhausted Products, a refund will be made directly to the User's Paypal account.
By check or bank transfer: The shipment of the available items is made after cashing the check or receiving the transfer.
Bank Account: SOCIETE GENERALE NICE MEDECIN. In the event of products that are out of stock or unavailable, a refund will be made by cheque.
Orders for products not in stock or out of catalogue, are payable at the time of placing the order unless otherwise agreed in writing.
VINT'ELEC reserves the right to make partial deliveries with a separate invoice. Any partial delivery shall be considered as a separate contract. The customer may not, therefore, rely on waiting for the balance of the equipment ordered to make payment for the goods delivered.
However, VINT'ELEC may not charge more transport costs than indicated on the order.
Prices are indicated in €uros all taxes included.
These prices do not include a flat-rate contribution to the processing costs (postage, packaging and preparation of the package according to the amounts in force).
If one or more taxes or contributions, in particular environmental taxes or contributions, are created or modified, upwards or downwards, this change may be reflected in the selling price of the items on the VINT'ELEC website and sales documents.
The user must also pay a lump sum corresponding to a contribution to the cost of processing and shipping the order (unless he benefits from a special offer exempting him), the amount of which will be specified on the order form before validation of the latter. This participation may depend on the products ordered.
In the event of the display of an erroneous, obviously derisory price (vile price), for any reason whatsoever (computer bug, manual error, technical error, technical error, fraudulent use of the voucher system), the User's order, even if it has already been validated by VINT'ELEC, will be cancelled, which VINT'ELEC will inform the User as soon as possible. The User, if he/she so wishes, will then have the possibility to place his/her order again at the corrected and exact price.
7- Right of withdrawal and returns
The User has a right of withdrawal of fourteen (14) calendar days from the date of receipt or withdrawal of his package.
When the User's withdrawal period expires on a weekend, public holiday or non-working day, it is extended to the next working day.
To exercise his right of withdrawal, the User must notify VINT'ELEC Customer Service (firstname.lastname@example.org - 04.22.16.62.94) of his decision to withdraw from this contract by means of an unambiguous statement: by letter sent by post, by e-mail by connecting to his customer space and by going to the "contact us" section.
If the User uses this option, an acknowledgement of receipt of his withdrawal will be sent to him without delay by e-mail by VINT'ELEC.
All Products can be refunded except those excluded, because they have been customised at the User's request (in particular matched tubes...)
The User must ensure that the order for which he is withdrawing is returned complete. The Products to be returned must be intact, complete. Items returned incomplete, damaged or damaged are not taken back.
The User must return or return the goods to VINT'ELEC at the address below, without undue delay and, in any event, no later than fourteen days after having informed VINT'ELEC of its decision to withdraw from this contract. This deadline is deemed to have been met if the User returns the good before the expiry of the fourteen-day deadline.
31 Boulevard DUBOUCHAGE
The User may return his Product to VINT'ELEC by post without having to justify the reason.
As part of the exercise of the right of withdrawal, the return costs are the responsibility of the User (with the exception of a defective Product upon receipt, or an error when sending the Product).
Effects of withdrawal
In the event of the User's withdrawal from this contract, VINT'ELEC will refund all payments received from the User, including delivery charges without undue delay and, in any event, at the latest fourteen days from the day on which VINT'ELEC is informed of the User's decision to withdraw from this contract.
VINT'ELEC may defer the refund until the receipt of the goods or until the receipt of proof of shipment of the goods (Copy of the Colissimo slip) from the User, the date chosen being that of the first of these facts.
VINT'ELEC will refund the User for the returned Products and the shipping costs initially paid, subject to compliance with the above-mentioned return conditions.
The User's refund will be made via the same payment method as the one used when paying for the returned order. This refund will not incur any costs for the User.
Electronic components are guaranteed for 1 year, except for electronic tubes, which are guaranteed for only 3 months.
The manufacturer's commercial guarantee or VINT'ELEC's commercial guarantee do not prevent the benefit of the legal guarantee of hidden defects on the products sold and the legal guarantee of defects in the conformity of the goods to the contract.
Legal guarantee of conformity (see reference texts below):
When the User acts as a legal guarantee of conformity:
He has a period of 2 years from the delivery of the property to act (Article L211-12 of the Consumer Code)
He may choose between repairing or replacing the goods, subject to certain cost conditions provided for in Article L. 211-9 of the Consumer Code.
It is exempted from providing proof of the existence of the lack of conformity during the six months following the delivery of the good (Article L211-7 of the Consumer Code). This period shall be extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee or any manufacturer's guarantee granted.
Legal guarantee of hidden defects on the products sold (see reference texts below):
The User may decide to implement the legal guarantee against hidden defects of the thing sold provided for in Article 1641 of the Civil Code. In this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Article L211-4 of the Consumer Code:
The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code:
To be in conformity with the contract, the property must:
Be specific to the use usually expected of a similar property and, if applicable: - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-7 of the Consumer Code:
Lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-9 of the Consumer Code:
In the event of 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 entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L211-12 of the Consumer Code:
The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L211-16 of the Consumer Code:
Where the buyer requests from the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer's request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 of the Civil Code:
The action resulting from the fundamental defects must be brought by the purchaser within two years of 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 may be relieved of any apparent defects or lack of conformity.
Except in the case of a legal guarantee, any operation resulting from the lack of conformity between VINT'ELEC and the User, which is not disputed within 24 months, cannot give rise to a claim.
VINT'ELEC's After Sales Service (after-sales service) will either exchange your product with the supplier (approximately 4 weeks), or exchange it with you.
NB: In all cases, the warranty applies only to the parts sold and any other actions or claims under warranty are excluded, including the repair of direct or indirect damage caused to persons or objects other than the products delivered as well as the assumption of any loss of profit. The guarantee does not entail any reimbursement by VINT'ELEC of any labour costs incurred by the User.
9- Protection of personal data
Collection and processing of your data
The data concerning you are collected by VINT'ELEC
SIRET: 841 977 275 00012
The information collected by VINT'ELEC, the controller, helps us to personalize and continuously improve your shopping experience on https://www.vintelec.com/ We use them to process orders, deliver Products, provide services, process payments and communicate with you regarding your orders, Products, services and promotional offers. We also use this information for statistical research purposes to improve our choice of Products and to offer you the most relevant offers.
When you visit our website https://www.vintelec.com/, information relating to your browsing may be stored in "Cookies" files installed on your device (computer, tablet, smartphone, etc.). In order to serve our customers as well as possible, VINT'ELEC issues cookies in order to: To establish attendance statistics (number of visits, pages viewed, abandonment in the ordering process...) in order to monitor and improve the quality of our services. To adapt the presentation of our site to the display preferences of your device To store information entered in forms, manage and secure access to reserved and personal areas such as your account, manage your shopping cart. To provide you with content related to your interests and to personalize the offers we send you. To facilitate your navigation and ordering on https://www.vintelec.com/
Most cookies are intended to enable or facilitate your browsing and are necessary for the operation of our online store.
Right of access and opposition
Pursuant to articles 14 to 22 of regulation 2016/679 of 27 April 2016, the User may exercise the following rights:
A right of access to personal data concerning him/her,
A right of rectification,
A right to oppose and delete the processing of its data,
A right to oppose profiling,
A right to limitation of processing,
A right to data portability
These rights can be exercised with the company VINT'ELEC, which collected the personal data, by contacting the VINT'ELEC Customer Service (email@example.com)
10- Intellectual property
All elements of the VINT'ELEC website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
Thus, none of the documents from the VINT'ELEC site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for personal use and only for non-commercial purposes, provided that you have not modified the information and that all copyrights and other proprietary notices are kept intact. The modification of these documents or their use for any other purpose constitutes an infringement of VINT'ELEC's intellectual property rights.
The user who has a personal website and who wishes to place, for personal use, on his website a simple link referring directly to the home page of the VINT'ELEC website, must request authorization from the company VINT'ELEC. It shall in no case be an implicit affiliation agreement. However, any hypertext link to the VINT'ELEC website using the "framing" or "in-line linking" technique is strictly prohibited.
In any case, any link must be removed at the request of VINT'ELEC.
The trademarks, logos, designs and models appearing on this site are the exclusive property of VINT'ELEC. Their disclosure shall in no event be construed as granting a license or right to use in any way the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting.
11- Infringement of industrial property rights
VINT'ELEC may in no way be held liable for violations of copyright, patents, licence rights, trademarks or any similar rights carried out in any way whatsoever by the customer or by any person substituted by him.
In the event that VINT'ELEC may be held liable for such violations, VINT'ELEC reserves the right to hold the customer liable and to request payment of all damages, penalties or interest charged.
These conditions apply throughout the duration of the online availability of the services offered by VINT'ELEC.
Proof, storage and archiving of transactions
The computerised registers, kept in the computer systems of VINT'ELEC and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
Applicable law and jurisdiction
These conditions are subject to French law. The competent court in the event of a dispute shall be that of NICE. This site complies with French legislation, and under no circumstances does VINT'ELEC give any guarantee of compliance with the local legislation that may be applicable to you, as soon as you access the site from other countries.
13- Delay and non-payment
In the event that the customer fails to pay any amount due to VINT'ELEC, we reserve the right, with or without notice, to suspend any delivery to the customer until the customer has paid the amount or amounts due.
In the event of late payment, penalties will be calculated on the basis of 3 times the legal interest rate.
A flat-rate legal indemnity of €40 for recovery costs will be applied in addition to the late payment penalties.