Terms of sale
TERMS AND CONDITIONS OF SALE
Les Créations de VmZ
1. Purpose and scope
These Terms and Conditions of Sale govern sales made through the Les Créations de VmZ online store between:
Virginie Martinez, sole trader (EI), operating under the trade name Les Créations de VmZ, registered with the French National Business Register (RNE),
SIREN: 106 918 477,
and any natural person acting as a consumer and making a purchase through the online store.
Any order implies full and unconditional acceptance of these Terms and Conditions of Sale.
2. Products and handmade production
Les Créations de VmZ mainly offers handmade crocheted bags and accessories.
As each creation is handmade, slight variations may occur from one item to another. These characteristics inherent to handmade production do not, in themselves, constitute a defect or lack of conformity.
The photographs and colours displayed on the website are reproduced as faithfully as possible. However, slight colour differences may occur depending on the screen, lighting or device settings used.
The essential characteristics, dimensions, materials, colours, finishes and customisation options are specified on each product page.
3. Customisation
Certain products may be customised according to the options offered on their product page, particularly regarding colour, finish, dimensions, accessories or other characteristics.
Where a product is made to the customer’s specifications or is clearly personalised within the meaning of Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised.
This exclusion applies only to products that actually meet the legal conditions for customisation.
A product that is handmade or made to order is not, for that reason alone, automatically excluded from the right of withdrawal.
Where the right of withdrawal does not apply due to the customisation of the product, the customer will be informed before confirming the order.
4. Prices
Prices are stated in euros.
VAT not applicable – Article 293 B of the French General Tax Code.
Any applicable delivery charges are indicated to the customer before final confirmation and payment of the order.
The applicable price is the price displayed on the website at the time the order is confirmed.
Les Créations de VmZ reserves the right to change its prices at any time, without retroactive effect on orders already confirmed.
5. Orders
The customer selects the products and, where available, the desired customisation options.
Before confirming the order, the customer is responsible for checking the products selected, the options chosen, quantities, contact details and delivery address.
Confirmation and payment of the order result in the formation of the sales contract.
An order confirmation is sent to the email address provided by the customer when placing the order.
Les Créations de VmZ reserves the right to refuse or cancel an order in cases of fraud, attempted fraud, non-payment or payment-related issues, in compliance with applicable regulations.
6. Payment
Payment is made at the time of ordering using the payment methods offered on the store.
The order is considered definitively confirmed only after payment has been approved.
Transactions are processed through the payment service providers available on the store.
Les Créations de VmZ does not have access to confidential bank details used for payment when such information is processed directly by the relevant payment service provider.
7. Production and preparation times
As a large proportion of the creations are handmade, production time may be required before dispatch.
For items made to order, the usual production time is 5 to 10 working days, unless otherwise stated on the product page.
During periods of high demand or in particular circumstances, this period may be extended. Where necessary, the customer will be informed of the timeframe applicable to their order.
The carrier’s delivery time is added to the production and preparation time.
Where a specific delivery date or timeframe is stated at the time of ordering, that information constitutes the applicable timeframe for the relevant order, subject to applicable legal provisions.
8. Delivery
Delivery methods, areas served, applicable charges and information concerning shipment are detailed in the Shipping Policy available on the store.
Les Créations de VmZ delivers to mainland France as well as to European Union countries available for selection at checkout.
Delivery charges are displayed before the order is confirmed and paid.
Where free delivery is offered above a certain order amount, the applicable conditions are displayed on the store.
In the event of delay, loss, damage or any issue during transportation, the customer is invited to contact Les Créations de VmZ so that the necessary steps can be taken with the carrier.
Nothing in this section limits the consumer’s statutory rights relating to delivery.
9. Right of withdrawal
For products to which the right of withdrawal applies, the consumer has 14 days from receipt of the goods to exercise this right without having to provide a reason.
The customer must inform Les Créations de VmZ of their decision to withdraw before the expiry of this period, by means of a clear and unambiguous statement or by using the model withdrawal form provided in the appendix to these Terms and Conditions.
The request may be sent to:
contact@lescreationsdevmz.fr
After notifying their decision to withdraw, the customer has a maximum period of 14 days to return the product.
Unless otherwise stated, the direct cost of returning the product is borne by the customer.
Products must be returned in a condition allowing them to be resold.
The consumer may be held liable for any reduction in the value of the product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.
Where the right of withdrawal is validly exercised, Les Créations de VmZ will refund the amounts paid by the customer, including the delivery costs corresponding to the standard delivery method offered at the time of ordering.
Where the customer has expressly chosen a more expensive delivery method than the standard delivery option offered, the additional cost will not be refunded.
The refund will be made no later than 14 days from the date on which Les Créations de VmZ is informed of the customer’s decision to withdraw.
For the sale of goods, Les Créations de VmZ may withhold the refund until the product has been recovered or until the customer provides proof that it has been dispatched, whichever occurs first.
The refund will be made using the same payment method as that used for the order, unless the customer expressly agrees to another method that does not incur additional costs.
10. Personalised products
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal may notably not be exercised for goods made to the consumer’s specifications or clearly personalised.
Where a product offered by Les Créations de VmZ meets this definition, the customer will be informed before ordering that the right of withdrawal does not apply.
This exclusion does not deprive the customer of their rights in the event of a non-conforming or defective product or where a statutory guarantee applies.
11. Returns and refunds
Before returning any product, the customer is invited to contact Les Créations de VmZ at:
contact@lescreationsdevmz.fr
Detailed return arrangements are also set out in the Returns and Refund Policy available on the store.
The rules governing the right of withdrawal must not be confused with those governing statutory guarantees.
Where a product is returned due to a lack of conformity covered by the statutory guarantee, the costs necessary to bring the product into conformity are not borne by the consumer.
12. Statutory guarantees
Products sold by Les Créations de VmZ benefit from the applicable statutory guarantees, including:
- the statutory guarantee of conformity provided for by Articles L.217-3 et seq. of the French Consumer Code;
- the statutory guarantee against hidden defects provided for by Articles 1641 et seq. of the French Civil Code.
Statutory guarantee of conformity
Les Créations de VmZ is required to deliver goods that conform to the contract and is liable for lack of conformity under the conditions provided by law.
The consumer has a period of two years from delivery of the goods in which to invoke the statutory guarantee of conformity.
In the event of a lack of conformity, the consumer is entitled, under the conditions provided by law, to have the product brought into conformity by repair or replacement.
Where these solutions are impossible, disproportionate or cannot be implemented under the conditions provided by law, the consumer may notably be entitled to a price reduction or termination of the contract.
Guarantee against hidden defects
The consumer may also benefit from the statutory guarantee against hidden defects where the legal conditions are met.
These statutory guarantees apply independently of any right of withdrawal and without cost to the consumer under the conditions provided by law.
The handmade nature of a creation does not exclude the application of statutory guarantees.
For any request concerning a statutory guarantee, the customer may contact:
contact@lescreationsdevmz.fr
13. Liability
Les Créations de VmZ is responsible for the proper performance of the obligations arising from the contract under the conditions provided by applicable regulations.
However, liability may not be incurred where the failure or improper performance results from:
- an act attributable to the consumer;
- an unforeseeable and unavoidable act of a third party to the contract;
- or a case of force majeure as recognised by applicable law.
14. Personal data
Information concerning the collection, use, retention and protection of personal data is set out in the Privacy Policy available on the store.
15. Intellectual property
The texts, photographs, creations, graphic elements, logo and visual identity of Les Créations de VmZ are protected by applicable intellectual property laws, subject to any rights belonging to third parties.
Any unauthorised reproduction, representation, distribution or use is prohibited within the limits provided by law.
16. Consumer mediation
In accordance with the provisions of the French Consumer Code relating to the amicable settlement of disputes, the consumer may use, free of charge, the consumer mediator appointed by Les Créations de VmZ after first submitting a written complaint to the business and where no amicable resolution has been reached.
Mediator: CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
Address: 49 rue de Ponthieu, 75008 Paris, France
Telephone: 01 89 47 00 14
Email: litiges@cm2c.net
Website: https://www.cm2c.net/declarer-un-litige.php
17. Applicable law and dispute resolution
These Terms and Conditions of Sale are governed by French law.
In the event of any difficulty or dispute, the customer is invited to contact Les Créations de VmZ first in order to seek an amicable solution.
This does not deprive the consumer of any rights available under applicable law or of the right to bring proceedings before the competent courts.
18. Contact
For any question regarding an order or these Terms and Conditions of Sale:
Les Créations de VmZ
Virginie Martinez – Sole trader
13 chemin du Bragalou
34490 Murviel-lès-Béziers – France
Email: contact@lescreationsdevmz.fr
Appendix – Model withdrawal form
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract and where the right of withdrawal applies.
For the attention of:
Les Créations de VmZ – Virginie Martinez EI
13 chemin du Bragalou
34490 Murviel-lès-Béziers – France
Email: contact@lescreationsdevmz.fr
I hereby give notice that I withdraw from my contract of sale of the following goods:
…………………………………………………………………………
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Ordered on: ………………………………………………………..
Received on: ……………………………………………………….
Order number: ……………………………………………………..
Consumer’s name: ………………………………………………….
Consumer’s address:
…………………………………………………………………………
…………………………………………………………………………
Date: …………………………………………………………………
Consumer’s signature:
(only if this form is submitted on paper)
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