GENERAL TERMS AND CONDITIONS

ONLINE STORE SALE

  1. SELLER IDENTIFICATION

    DVP is a limited liability company with a capital of €10,000, registered with the Thonon-Les-Bains Trade and Companies Register under number 491 575 080, and whose registered office is located at 5 Place de l’Église Saint André, 74100 Annemasse, France. Telephone: +33 9 82 54 54 02 or Email: infos-site@vacuum-tech.com

  2. GENERAL PROVISIONS

    The purpose of these General Terms and Conditions is to set out the terms under which DVP sells consumables, accessories, and Vacuum-Tech brand products to its customers via the website www.vacuum-tech.com.

    These General Terms and Conditions of Sale (GTC), together with the order placed by the Customer, form an integral part of the distance selling contract. The Customer acknowledges having read them before placing their order. Consequently, the Customer’s validation of their order implies acceptance of these GTC. These GTC apply to the exclusion of all other conditions. The Customer may print and retain these GTC. DVP reserves the right to modify these GTC at any time. The GTC applicable to the Customer will be those in effect on the date the order is placed.

  3. PRODUCTS

    In accordance with the provisions of Article L.221-5 of the Consumer Code, DVP presents on its Site, on the one hand, the essential characteristics and prices of the Products, as well as all the information required prior to any order, so that the Customer can know this information before ordering, in addition to the legal information contained in the General Terms and Conditions.

  4. ORDER

    The order is entered by the Customer on the Site, from the online store and using the form provided there.

    DVP reserves the right to suspend any order and/or refuse to fulfill an order from a Customer who has not fully or partially paid for a previous order or with whom a dispute exists.

  5. PRICE AND PAYMENT METHOD

    The Product is invoiced at the price in effect at the time the order is placed. Prices are shown in euros, inclusive of all taxes, but excluding shipping costs for orders of multiple Products. Payment is due in full on the day the order is placed.

    Payment is made by credit card (Visa, Mastercard, or other major credit cards) on the secure payment website at the end of the order process. Order confirmation by credit card constitutes authorization to pay the total price including VAT (shipping costs). Payment can also be made via PayPal or by check made payable to DVP, 5 Place de l’Église Saint André, 74100 Annemasse, France.

    Accessories, supplies or derivative products are delivered upon receipt of payment.

  6. AVAILABILITY

    Products are offered subject to availability. If a product ordered becomes unavailable after the order has been placed by the customer, the customer will be notified by email or mail.

    Products are offered subject to availability. If a product ordered becomes unavailable after the order has been placed by the customer, the customer will be notified by email or mail.

  7. DELIVERY

    Products are only available for delivery and invoicing within mainland France. Delivery is made by direct handover of the Product to the Customer, or to a third party designated by the Customer. Products are delivered to the delivery address indicated during the ordering process within five (5) to fifteen (15) days of receipt of payment.

    Products are only available for delivery and invoicing within mainland France. Delivery is made by direct handover of the Product to the Customer, or to a third party designated by the Customer. Products are delivered to the delivery address indicated during the ordering process within five (5) to fifteen (15) days of receipt of payment.

    The Products will be available within five (5) days of this notice being filed. If this deadline is exceeded, the Products will be returned to DVP.

  8. RETENTION OF TITLE

    DVP retains full ownership of the Products sold until full payment of all sums due by the Customer for their order, including shipping costs and taxes, has been received. In any event, in the event of non-payment, DVP reserves the right to consider the sale automatically cancelled.

  9. TRANSFER OF RISKS

    The risks associated with the Product are borne by the Customer from the moment the Product is delivered to the Customer or to the third party designated by the Customer.

  10. PRODUCT RECEIPT

    Upon receipt, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the delivered Product, as well as its conformity to the order. If, at the time of delivery, the packaging is damaged, torn, or open, the Customer must then check the condition of the Products inside. If these Products have been damaged, the Customer must refuse the package and note this on the delivery slip. This verification is deemed to have been carried out as soon as the Customer, or a person authorized by them, has signed the delivery slip.

    The Customer must then confirm their reservations to the carrier by registered letter no later than three days, excluding public holidays, following the date of receipt of the Products, and send a copy of this letter to DVP.

    In the event of an apparent defect in the Product or non-conformity with the order, the Customer must return the Product to DVP, stating their reservations, within 24 hours of delivery. Any claim made after this period will not be accepted. The Product must be returned to DVP in the condition in which it was received to the following address: DISTRIBUTION VORTECH PARIS, 5 PLACE DE L’EGLISE SAINT ANDRE, 74100 ANNEMASSE, FRANCE

    If the apparent defect or non-conformity is recognized by DVP, the latter will deliver a new Product to the Customer or, in the event of unavailability of the Product, will proceed with a full refund of the Customer’s order (including shipping costs).

  11. GUARANTEE

    For any questions regarding commercial and legal warranties, please contact:

    Vortech Distribution Paris, 5 Place de l’Église Saint André, 74100 Annemasse, or email: infos-site@vacuum-tech.com

    Article L.217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted to them upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer’s request for service or the date the property in question is made available for repair, if this latter date is later than the request for service.

    Vacuum-Tech brand accessories are covered by a free parts, labor, and service warranty, subject to the terms and conditions set forth by DVP.

    This warranty is valid for two (2) years from the date of delivery of the accessory and applies only in metropolitan France.. For products used outside mainland France, packaging and transport costs are the responsibility of the customer.

  12. LEGAL GUARANTEES

    Unless the Client is a legal entity or a natural person acting for purposes related to their commercial, industrial, craft, or professional activity, they are entitled to the statutory guarantees in all cases. DVP is therefore liable for defects in conformity and hidden defects under the conditions stipulated respectively by Articles L.217-1 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.

    Unless the Client is a legal entity or a natural person acting for purposes related to their commercial, industrial, craft, or professional activity, they are entitled to the statutory guarantees in all cases. DVP is therefore liable for defects in conformity and hidden defects under the conditions stipulated respectively by Articles L.217-1 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.

    Article L.217-5 of the Consumer Code: Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – if they possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.

    Article L.217-12 of the Consumer Code: Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – if they possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.

    Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

    Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

    Article 1648, paragraph 1, of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

    When acting under the legal guarantee of conformity, the Customer:

    • benefits from a period of two (2) years from the delivery of the goods to take action;
    • may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
    • is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods

    The statutory warranty of conformity applies independently of the commercial warranty provided by DVP.

    When acting under the legal guarantee against hidden defects, the Customer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

  13. RIGHT OF WITHDRAWAL

    In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the Customer may cancel their order. They have a right of withdrawal. This right may be exercised within fourteen (14) days from the date of receipt of the Product by them or by a third party designated by them, other than the carrier.

    Before the expiry of this period of fourteen (14) days, the Customer must inform DVP of his decision to withdraw either by sending him the withdrawal form provided by email when the order was confirmed and/or with the delivered Product, after having duly completed it, or by sending him an email clearly and unambiguously expressing this decision and mentioning his order number via the address: infos-site@vacuum-tech.com.

    The Customer must return the Product, at his own expense, to DVP, to the address mentioned on the withdrawal form, in its original packaging and at the latest within fourteen (14) days following the communication of his decision to withdraw.

    DVP must reimburse the Customer, including delivery costs, no later than fourteen (14) days from the date on which DVP actually received the Product or the date on which the Customer provided proof of shipment of the Product.

  14. PROCESSING OF PERSONAL DATA

    The personal data concerning the Customer is collected and processed by DVP. This data is necessary for processing the Customer’s order, as well as for monitoring and managing their requests within the framework of their contractual relationship with DVP. It may be shared with companies and establishments within its group, its suppliers, and even with third parties or subcontractors solely for the purposes of processing the Customer’s order. The data collected on the order form will be kept for a period ending three years after the conclusion of the sales contract.

    The Client has the right to withdraw their consent to the processing of their personal data at any time. In accordance with applicable law, they have the right to object, the right to restrict the processing of their data, the right of access, the right to rectification, the right to data portability, and the right to erasure of their data. They also have the right to provide instructions regarding the fate of their data after their death. The Client can consult DVP’s Data Protection Policy for complete information regarding the processing of their personal data.

    The Customer may exercise their rights by sending their request accompanied by a copy of their identity document to the following postal or electronic address: DVP 5 place de l’église saint André 74100 Annemasse or infos-site@vacuum-tech.com If DVP does not comply with their requests, the Customer has the right to lodge a complaint with the CNIL.

    If the Client has expressly agreed to it beforehand, they may receive communications as part of marketing operations as well as commercial offers from DVP. If they no longer wish to receive these, they can either unsubscribe by following the link on the communication they received by email or SMS, or contact Customer Service at the postal or email address mentioned above.

  15. MISCELLANEOUS PROVISIONS

    The failure of either party to enforce any right or provision of these Terms and Conditions shall not be construed as a waiver of such right or provision.

    Furthermore, if any provision of the General Terms and Conditions is or becomes invalid, impossible to execute or deemed null and void, the other provisions shall continue to apply between the parties and produce their full and complete effect.

    With respect to the invalidated or void provision, the parties will endeavor to substitute a valid provision whose meaning is as close as possible to that of the invalidated or void provision.

  16. OBJECTION TO TELEPHONE SOLICITING

    Pursuant to Article L.223-1 of the Consumer Code, if, outside of their contractual relationship with DVP, the Customer generally does not wish to be contacted for marketing purposes by telephone, they may register free of charge on a telephone marketing opt-out list accessible via the website: www.bloctel.gouv.fr

  17. APPLICABLE LAW AND JURISDICTION

    The order and the General Terms and Conditions are governed by French law. For any dispute arising from the interpretation or execution of these terms and conditions, only the French courts shall have jurisdiction.

    Cancellation form (to be printed or copied onto plain paper)

    (Please complete and return this form only if you wish to withdraw from the contract) To: DVP, 5 Place de l’Église Saint André, 74100 Annemasse. I hereby notify you of my withdrawal from the contract for the sale of the following goods: Order No.: ………………………………………………. Ordered on: ………………………………………………. Product(s) / Course(s) ………………………………………………. concerned: ………………………………………………. Name(s) of consumer(s): ………………………………………………. Address of consumer(s): ………………………………………………. Signature of consumer(s): ………………………………………………. (only if notifying ………………………………………………. of this ………………………………………………. form on paper): ………………………………………………. Date: ……………………………………………….

  18. CUSTOMER SERVICE, COMPLAINTS AND DISPUTE RESOLUTION

    CUSTOMER SERVICE

    DVP provides customers with a customer relations service accessible during business hours.

    By email: infos-site@vacuum-tech.com By phone: 09.82.54.54.02 By mail: DVP Customer Service, 5 Place de l’église saint André, 74100 Annemasse

    The Customer must clearly describe the detailed reason for their complaint and must include the following information: name, surname, and order number. DVP undertakes to respond as soon as possible.

    INFORMATION REGARDING ONLINE CONSUMER DISPUTE RESOLUTION

    In accordance with Regulation (EU) No 524/2013 on “Online Dispute Resolution for Consumer Disputes” and Article L616-2 of the French Consumer Code, you have access to an independent, impartial, transparent, effective, fast, and fair out-of-court procedure for resolving disputes arising from the online sale of goods or services. This procedure is implemented through a freely accessible European platform.

    You can access this platform at the following address: http://ec.europa.eu/consumers/ord

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