About us and these terms and conditions « PARTNER AND CO » is a company registered in FRANCE with the district court of St Nazaire, France under number 494518897.
Legal representative : M Christophe L’HYVER
Intra-community VAT number : FR 494518897
Contact details of the customer service of the shop : www.vitivert.com
Customer service France : Hotline +33 (0)2 40 23 63 24 from Monday to Friday (9:00 to 17h30) ; TeleFax +33 (0)2 40 23 62 67 ; E-mail : info@vitivert.com
Postal Adress : Partner & Co – 6 rue Alphonse Daudet – 44350 Guérande France
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Section A : General terms and conditions
1. About us and these Terms and Conditions
1.1 The present general conditions of sale apply, in their current version at the time of all the orders placed by any person (hereinafter « you ») via the site www.vitivert.com with the company PARTNER AND CO (hereinafter « we »). You declare that you have read and accepted the general conditions of sale and the rights and obligations arising from it before placing your order. Validation of your order is therefore acceptance of current conditions. All our deliveries, services and offers are exclusively governed by these conditions, unless expressly agreed in writing. We oppose any general or special conditions that are contrary or derogatory to these conditions.
1.2 The term « consumer » used in these conditions means a natural person placing an order that is not part of his commercial or liberal professional activity. A « professional » within the meaning of these conditions is a natural or legal person who, when placing an order, acts within the framework and on behalf of his liberal or commercial professional activity. The term « customer » can mean both a consumer and a professional.
1.3 The term « working day » as used herein means all days of the week with the exception of Saturdays, Sundays and public holidays.
2. The Customer’s Account
2.1 For you to be able to Order Products on Vitivert, you must have a registered Account. You only have the right to register one (1) Account on www.vitivert.com. We reserve the right to delete duplicate Accounts and deny any Customers who do not comply with our Terms and Conditions the right to use their Account. We may also edit or delete these Accounts as part of our virtual householder’s rights.
2.2 When you register an Account, you will be asked to state some personal details. If you do not state this information, we will not register an Account and you will not be able to Order Products on Vitivert. We will notify you by e-mail when your registration is completed. By registering on or placing an Order through Vitivert you warrant that: you are atleast 18 years old.
2.3 You are to refrain from any disruption of the Website and the use of any accessible information outside its intended use on our platform. Any manipulation of our Website with a view to fraudulently obtain money or any other advantage at a disadvantage to Partner And Co or any other users will result in legal action and a loss of access to the Websits. Our Accounts, product range and stock levels are intended for Consumers.
2.4 You are responsible for assuring that all information you enter as part of the registration process is correct, complete and up to date. You are responsible for keeping your personal log-in information secure and confidential. You are solely responsible for all information you enter into any accessible areas (e.g. blogs)
3. Effect
3.1 These terms and conditions shall apply to all orders and contracts made or to be made by us for the sale and supply of products. When you submit an order to us, give any delivery instruction or accept delivery of the products, this shall in any event constitute your unqualified acceptance of these terms and conditions. Nothing in these terms and conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These terms and conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3.2 No other terms or changes to the terms and conditions shall be binding unless agreed in writing signed by us.
4. How a Contract is formed
4.1 When making an order, you must register for an account on the Website as detailed in clause 2, and you must follow the instructions on the Website as to how to make your order and for making changes to your prospective order before you submit it to the Website.
4.2 Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the Website) the charges you must pay and any applicable delivery charges
4.3 You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtainvalidation of your payment details before providing you with the product.
4.4 When you submit an order to the site, you agree that you do so subject to these terms and conditions current at the date you submit your order. You are responsible for reviewing the latest terms and conditions each time you submit your order.
4.5 You agree that you receive invoices and credit notes exclusively in electronic form.
4.6 We will not be obliged to provide you with the product until we have accepted your order. Except if expressly indicating that we accept your order, an e-mail, a letter, a fax or other acknowledgment of receipt of your order by us is purely for for information purposes and does not constitute the order confirmation. In this recognition, we can give you a reference number of the order and the details of the product you ordered. We may, at our discretion, refuse to accept an order from you for any reason, including the unavailability of supplies or we can offer you an alternative product (in which case we may ask you to resubmit your order first)
4.7 A contract must be formed and we will be legally bound to provide you with the product when we accept your command. Acceptance will take place when we expressly accept your order by e-mail, in the form of a document called an « order confirmation » stating that we accept your order. Our order confirmation must be deemed to come into force when shipped by us. Without affecting your obligation to pay us Earlier, we can send you an invoice at any time after we have accepted your order. Until we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order command. If we or you canceled your order before we accepted it, we will refund you promptly payment already made by you or your credit or debit card company for ordering the product.
5. Payement, Delivery
5.1 Unless expressly agreed otherwise in writing, the price is payable in cash, in full on the day of placing the order. The seller is not required to proceed with the delivery of the products ordered by you if the price has not been previously paid in full. Unless otherwise stipulated, the seller does not grant any discount.
5.2 Regardless of the method of payment you choose, any payment will be considered final only after actual and complete collection of the amounts by us. We do not cover the costs of payments from third countries. In case of payment by bank transfer, the order will not be processed after receipt of the due payment.
5.3 In the event of a sale to a professional, late payment penalties will be due the day following the settlement date on the invoice. The rate of these penalties is three (3) times the legal interest rate.
5.4 The Seller delivers exclusively in France and the EEC. We reserve the right to cancel or refuse any order providing delivery to an address outside of this territory.
5.5 The ordered products will be sent to the address you indicated during the ordering process. We are not responsible for delivery delays caused by the indication of an incorrect or incomplete address by you.
5.6 When the seller is prevented from performing the contract by force majeure or a fortuitous event as defined by French case law or by a foreign cause, including a fault attributable to you, the delivery time is extended by full right according to the duration of the impediment. We will inform you by e-mail of the occurrence and the end of such impediments. If the impediment lasts more than four (4) weeks, each party will be entitled to terminate the contract as of right, without you being able to claim compensation.
5.7 If you are a consumer, the transfer of risk occurs at the time of delivery of products to the delivery address you provided or at the time of withdrawal of the package from the carrier. If you are a professional, the transfer of risk occurs at the time of shipment of the goods by us.
6. Cancellation by us
6.1 We may cancel a contract if the product is not available for any reason. If this is the case, we will notify you and return any payment that you have made.
6.2 We will usually refund any money received from you, using the same method originally used by you to pay for the product.
7. Faulty Products
7.1 We warrant that the product will be delivered undamaged in the quantities ordered and the product will conform with the manufacturer’s latest published instructions as set out on the website or in our product material at the time of your order.
7.2 The product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the site or as on the product itself. It is your responsibility to ensure that you use the product strictly in accordance with those instructions.
7.3 In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product, including:
a) you specifying with reasonable detail the way in which it is alleged that the product is damaged or defective;
b) you providing us with the delivery note number and such other information as we reasonably require.
8. Intellectual Property
8.1 The website www.vitivert.com is a work of the mind protected by law. Its contents, including texts, illustrations, photographs, presentations and databases are strictly reserved under copyright and industrial property rights. We grant you a limited, non-exclusive, revocable license without the right to sublicense the content of the site www.vivtivert.com for the simple access, navigation and use related to this site. This license does not grant you any other right, in particular of commercial exploitation of the contents of the site www.vitivert.com.
8.2 The corporate names, trademarks and distinctive signs appearing on the www.vivitvert.com website are protected by French and international laws. Any use, reproduction, distribution or representation of all or part of any of the aforementioned signs without the express written permission of the owner concerned is prohibited.
9. Legal warranty and customer service
9.1 In case of defects of the goods, you benefit from the legal guarantees provided by the legislation in force.
9.2 The satisfaction of our customers is important to us. You can contact us at any time with the contact details of the customer services listed above. We will review your request as soon as possible and contact you after receipt of the documents and / or your request or complaint. Claims processing can take a long time because it often involves the need to contact the manufacturer of your product. You can facilitate the processing of your complaint by describing the problem as accurately as possible, and by sending us a copy of the invoice or giving us the references of the order (the order number, customer reference, etc.). In case of no response from us within five (5) working days, we invite you to contact us again. Indeed, it can happen that some e-mails are blocked by the anti-spam filter of our computer system
10. France law and jurisdiction
These terms of use and your use of the Websites (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with English law. You submit to the exclusive jurisdiction of the English courts to settle any dispute which may arise under these terms of use.
11. Amendment to the General Business terms and conditions
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new terms and conditions.
12. Safeguard clause
If any of the provisions of these general conditions of sale were or became invalid or unenforceable, the validity of the other provisions would not be affected. The invalid or unenforceable provision would then be replaced by the applicable legal provisions.
13. Management of personnal data
13.1 In France, personal data are protected in particular by the law n ° 78-87 of January 6th, 1978, the law n ° 2004-801 of August 6th, 2004, the article L. 226-13 of the Penal Code and the European Directive of the October 24, 1995.
13.2 On the occasion of the use of the site www.vitivert.com, can be collected: the URL of the links through which the user has accessed the site www.vitivert.com, the service provider of the user, the Internet Protocol (IP) address of the user.
13.3 In any case Partner & co only collects personal information about the user for the needs of certain services offered by the site www.vitivert.com. The user provides this information with full knowledge of the facts, in particular when it proceeds by itself to their input. It is then specified to the user of the site www.vitivert.com the obligation or not to provide this information.
13.4 In accordance with the provisions of Article 38 et seq. Of Law 78-17 of 6 January 1978 relating to data, files and freedoms, all users have a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent.
13.5 No personal information of the user of the website www.vitivert.com is published without the knowledge of the user, exchanged, transferred, assigned or sold to any support to others. Only the assumption of the purchase of Partner & co and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the website www.vitivert.com.
13.6 The site is not declared to the CNIL because it does not collect personal information.The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
Section B : Order of articles
1. Seller information
1.1 When ordering Articles Vitivert, the seller is Partner and Co, 44350 Guérande 6 rue Alphonse Daudet – FRANCE. You can find a description of Vitivert Articles in the introduction to these Terms and Conditions.
2. Prices and delivery changes – Express Delivery
2.1 We reserve the right to change prices at any time, but the products will in any case be billed based on the rates in effect at the time of placing the order. The price indicated in our confirmation of the order is the final price expressed in Euros, all taxes included at the legal rate in force. Delivery costs are included in the order confirmation.
2.2 The amount of shipping is indicated in your shopping cart before validation and delivery takes 5 to 15 business days
3. Payement, delivery
3.1 At the end of the ordering process, the following methods of payment may be offered to you to pay for your purchases: – credit card (Carte Bleue), – credit card (Visa, MasterCard), – bank transfer and check only in France.
In case of payment by bank transfer, please transfer to the following account:
- Recipient: Partner and Co
- IBAN: FR76 3004 7140 5900 0200 6240 430
- BIC: CMCIFRPP
- Remark on payment by bank transfer: in accordance with to SEPA European standards, transfers between countries of the European Economic Area are free of charge.
3.2 We use different carriers for deliveries to France, Corsica, Monaco and through the EEC. For deliveries by post, if the recipient is absent at the time of the passage of our transport provider, the package will be deposited at a post office near the delivery address. For deliveries to one of the retailers of the Colissimo network, the customer will be able to withdraw the parcel within 10 working days upon presentation of an identity document and, in case of delivery at home, the notice of passage. At the end of this period, unclaimed parcels will be returned to us. We do not accept any responsibility for delivery delays caused by the absence of the recipient of the parcel or its non-withdrawal within the time provided for this purpose.
3.3 We undertake to deliver the goods ordered on the website www.vitivert.com within the deadline, expressed in working days. The delivery time runs from the receipt of your payment. In case of payment by bank transfer, the delivery period begins to run from the day of receipt of the payment due. In case of exceeding the delivery deadline, not justified by force majeure, you may according to Article L 138-2 of the Consumer Code resolve the contract by registered letter with acknowledgment of receipt or by a writing on another durable medium, if, after having enjoined us, under the same conditions, to make the delivery within a reasonable additional time, we did not execute within this period. In addition, you can get a refund of the sums already paid.
4. Information concerning the exercise of the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform :
Partner and Co, 6 rue Alphonse Daudet, F44350 Guérande, FRANCE.
Phone: +33 (0)2 40 23 63 24 E-Mail: info@vitivert.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods if you use the provided return documents. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
You will have to return or return the property to:
BAGeno Raiffeisen eG, Unterer Wasen 30, 97980 Bad Mergentheim, GERMANY without undue delay and, in any case, not later than fourteen days after you have communicated to us your decision to withdraw from this contract. This period is considered respected if you return the good before the expiration of the period of fourteen days.
Model withdrawal form
To Partner and co (Partner and Co, Guérande France, Telefax +33 (0)2 40 23 62 67, E-mail : info@vitivert.com, ): I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1) Ordered on(1)/received on (1), Name of consumer(s), Address of consumer(s), Date (1) Delete as appropriate.
6. Vouchers
6.1 Partner And Co may distribute coupons entitling to a reduction in the price of a purchase, either in absolute value or as a percentage. Each discount coupon specifies the minimum purchase amount, the online store in which the coupon can be used and the expiry date of the coupon. Certain products and brands may be excluded from the benefit of discount coupons.
6.2 The materialized value of the coupon is not interest-bearing, can not be refunded and can not be passed on to third parties.
6.3 It is not possible to use multiple discount coupons for a single order.
6.4 The difference between the discount coupon amount and the value of your order can be settled by any means of payment offered on the site.
6.5 In case of total or partial return of the goods, the fraction of the price paid per coupon of reduction is not refunded.
6.6 If you used a discount coupon when you purchased, we reserve the right to charge you the original price of the merchandise if, due to a withdrawal, the total amount of the order was less than the value the corresponding discount coupon.
7. Terms of service for gift vouchers
The stipulations of this article apply only to gift vouchers purchased from us. Discount coupons are subject to the provisions of Article 5 of these GTCS.
7.1 Gift vouchers can only be used for purchases on the website www.vitivert.com.
7.2 Gift vouchers can not be used for the purchase of other gift vouchers.
7.3 The amount evidenced by gift vouchers is not interest-bearing and can not be refunded.
7.4 The purchase of a gift voucher can only be canceled if it has not been used yet. A gift voucher is considered to have been used when it was cashed, either on the occasion of an order, or to bring its value to the credit of a customer account.
7.5 You can adjust the difference between the amount of the gift certificate and the value of your order by any means of payment offered on the site.
7.6 It is possible to use several gift certificates per order. It is also possible to combine one or more gift vouchers with a discount coupon per order.
7.7 You can take the value of a gift voucher to the credit of your account or consult the balance of your customer account, by clicking on « my account » on the site www.vitivert.com
7.8 Vitivert incurs no liability in case of loss, theft or illegibility of gift vouchers, or errors in the e-mail address of the recipient of the gift voucher
7.9 Gift certificates are transferable. It is forbidden to duplicate, edit or manipulate gift certificates.
7.10 In case of fraud, attempted deception or suspicion of illegal activities in connection with an order paid by one or more gift certificates or when cashing gift certificates on the site www.vitivert.com, We reserve the right to close the corresponding customer accounts and / or request payment by a different method of payment. In this case, the customer concerned will not be able to claim the unlocking of his account, nor the refund of the credit of the gift voucher (s) concerned.