TERMS AND CONDITIONS OF SALE
22nd May 2015
These Terms and Conditions of Sale apply solely to Consumers as defined by French law. Any purchase made from the VANESSA WU website implies the unconditional acceptance of the current Terms and Conditions of Sale by the Customer. These Terms and Conditions of Sale are brought to the Customer’s attention and expressly accepted by him/her before every purchase on the site.
The Terms and Conditions of Sale define a ‘Customer’ as an internet user who makes purchases from the VANESSA WU website in the capacity of a consumer. The Customer hereby provides a guarantee to VANESSA WU that he/she is a consumer as defined in French law, whose purchases are not part of any professional activity.
NATURE AND PURPOSE OF THE TERMS AND CONDITIONS OF SALE
The purpose of the Terms and Conditions of Sale is to set contractual provisions concerning the rights and obligations of both the Customer and VANESSA WU in the context of orders placed on the VANESSA WU website.
The Customer has been clearly informed and accepts that, in accordance with these Terms and Conditions of Sale, orders placed on the VANESSA WU website are only available to customers. Retailers must log in to their professional accounts or contact the VANESSA WU sales department directly on +33(0)1 48 11 93 65.
The Terms and Conditions of Sale do not grant the Customer the status of employee, agent or representative of VANESSA WU. The Parties also declare that these Terms and Conditions of Sale may under no circumstances be regarded as constituting a legal entity, and that any form of partnership is expressly excluded from the relationship. The Terms and Conditions of Sale do not grant the Customer any exclusivity regarding the provision of services or quality guarantees.
AMENDMENTS TO THE TERMS AND CONDITIONS OF SALE
VANESSA WU adheres to current legislation, which means that the Terms and Conditions of Sale may be updated. You will be informed of this by means of reporting the date of the latest update at the start of the document. Only the Terms and Conditions of Sale valid on the day the order is placed will apply to that order. They are systematically brought to the attention of the Customer before purchasing and accepted during the online order confirmation process.
The products on the VANESSA WU website are described as accurately as possible on their individual pages (e.g. colour, dimensions, size, etc.), but the photos are not contractually binding. The products sold on the site are new and adhere to current legislation. VANESSA WU therefore cannot be held responsible for any difference, however substantial, between the product image and the delivered product.
Committed to quality services and customer satisfaction, VANESSA WU has made its quality department available for any questions about our products on +33(0)1 76 58 04 54 from Monday to Friday between 10am and 12.30pm CET. You can also make enquiries via the contact form on the site.
Products ordered and the validity of promotional offers on the VANESSA WU website are subject to stock availability. In principle, this will be indicated before the product is even added to the Customer’s cart. However, there may be an exception to this if unforeseen circumstances deplete stock levels (flood, fire, virus or theft). If one or more products become unavailable to purchase after the order has been confirmed by the Customer, he/she will be informed via email as soon as possible. The Customer is then entitled to 1) order another product, or 2) cancel the order for the unavailable product and request a refund.
PREREQUISITES FOR PLACING ORDERS
Creating an account - in order to place an order, the Customer must create an account on the VANESSA WU website by completing the registration form. Every order requires the Customer to log in to their account with a corresponding username and password. Usernames and passwords are confidential and the responsibility for them lies with the Customer.
Accessing the internet - the Customer can log out of the VANESSA WU website via the logout button. If he/she ticks the ‘Remember me’ box, a cookie will be placed on his/her browser to authenticate this directly and allow it to access the VANESSA WU website. In order to use the site and place orders, Customers shall ensure that they have a good understanding of the internet and the networks and resources that it uses, a compatible device and access to the internet. The Customer therefore accepts and understands that site navigation may be affected by his/her usage. Furthermore, the Customer is responsible for his/her internet connection and VANESSA WU cannot be held responsible for any technical problems related to the use of networks and operators’ billing methods.
To place an order on the VANESSA WU website, the Customer must follow the site’s automatic process. Please note that orders can only be processed if the Customer has logged into his/her account and followed the steps below:
- 1: Selection - the Customer visits the VANESSA WU website and selects the items to add to the virtual cart linked to his/her account. The Customer can select up to 12 items, including a maximum of 3 of the same item, per cart. For orders that exceed this amount, please contact us via email.
- 2: Checking - the Customer must virtually check his/her cart regularly, but especially to confirm that it contains all of the items that he/she has selected and that he/she still wishes to buy them. This step enables the Customer to delete, change or add items. After checking his/her cart, the Customer can click the Order button.
- 3: Order confirmation - the Customer is then taken to the order summary page, which shows the details of the items, their prices, the quantity, any discounts and any applicable delivery charges and taxes. This page is where Customers should enter any promo codes that they may have. If the Customer makes any changes to this page, he/she must click OK in order to see the updated order summary. After confirming the order details, the Customer must read and accept the Terms and Conditions of Sale and click the Order button.
Next, a final page allows the Customer to confirm his/her order, delivery method and personal information. This time, the Customer must check the order details as well as the delivery address (including specific details for the delivery, e.g. the code), billing address and chosen payment method before making the final confirmation. The Customer can then click on their preferred payment method and make the transaction online.
- 4: Payment and invoicing - the Customer follows the instructions for his/her chosen card payment (Carte Bleue, Visa or MasterCard). Once the order has been confirmed and the payment method has been accepted by the VANESSA WU website or its provider, an email will be sent to the Customer’s registered email address to acknowledge receipt of the order.
VANESSA WU does not collect or store your payment information, ensuring the security and confidentiality of the data, which is collected by our trusted third party for the payment transaction.
The invoice will be emailed to the Customer. The invoice will contain the information provided by the Customer on his/her account and confirmed when placing the order.
‘Delivery’ is defined in these Terms and Conditions of Sale as the initial presentation of products at the address specified by the Customer at the order stage. We deliver to metropolitan France, as well as Germany, Belgium, Luxembourg, the Netherlands, Austria, Denmark, Spain, Finland, the UK, Greece, Ireland, Italy, Portugal, Sweden and Switzerland.
The products on the VANESSA WU website are delivered in accordance with the Customers’ requests when the order is placed. Please note: VANESSA WU accepts no responsibility for a delivery delay caused by the Customer’s error, e.g. if the customer provides erroneous information at the order stage, this could cause a delay which VANESSA WU cannot be held accountable for.
Standard delivery is made within a maximum of 3 days following full payment. The Customer can track the progress of the order via his/her account.
In France, delivery will be made within a maximum of 12 working days from dispatch, which may be reduced depending on the Customer’s chosen delivery method. After this time, the Customer must instruct VANESSA WU to deliver within a reasonable period of time and, if delivery is not made by the specified time, the Customer is entitled to cancel the order. In this case, the Customer must issue a letter of cancellation, whereby VANESSA WU will refund the Customer without undue delay following receipt of the aforementioned letter via the same payment method used by the Customer to purchase the items.
VANESSA WU remains responsible for the products until they are delivered. The Customer is reminded that he/she must notify the courier of any noted damage or loss without delay.
Prices are displayed in euros and include all taxes at the rate applicable when the order is made (excluding delivery charges). These may change due to promotional offers and suppliers, but the price is fixed when the order is confirmed. Please note: the prices stated are valid, except in cases of gross error.
RETAINING THE CONTRACT
In accordance with Article L.134.2 of the French Consumer Code, invoices for orders in excess of €120 (including VAT) shall be retained for a period of 10 years. The Customer can access these documents by either requesting them from VANESSA WU or consulting his/her account.
By law, the Customer has the right to cancel the sale within 14 days of receiving the products. The Customer can exercise his/her cancellation right during this period without requiring a reason by notifying VANESSA WU of the cancellation in accordance with the cancellation form below and the French Consumer Code.
Please note: in order to exercise his/her cancellation right, the Customer must return the products at his/her own expense, ensuring that they are in good condition and suitable for resale in their original packaging. The Customer may be liable for any depreciation of the product if this is due to treatment other than what is necessary to ascertain the nature, features and functioning of the product. This means that the Customer can try the product on, but he/she will be held responsible for any damage.
The Customer will be refunded for the item(s) returned, including the initial delivery charge but excluding the costs of returning the product, which must be borne by the Customer. The refund will be issued at the earliest opportunity and within 14 days of VANESSA WU receiving the products or the proof of return from the Customer. Unless the Customer requests otherwise, and subject to the approval of VANESSA WU, the refund will be made via the same payment method used for the original order.
Exception to cancellation rights: in accordance with the law, cancellation rights do not apply to clearly personalised products.
EXCHANGES, CLAIMS AND GUARANTEE
Always striving for quality services and customer satisfaction, VANESSA WU has made its quality department available to help you with any claims. Use the website’s contact form, consult the Help and Advice section or call +33(0)1 76 58 04 54 from Monday to Friday between 10am and 12.30pm CET.
If, despite the utmost care that VANESSA WU takes in its products, an item shows a lack of conformity or has a hidden defect, the Customer has additional rights under the French Consumer Code and Civil Code. Any lack of conformity must be specified by the Customer upon delivery and reported as soon as possible via the contact form in the Help and Advice section of the VANESSA WU website. If there is a proven lack of conformity, the Customer is entitled to a replacement. If it is not possible to replace the item, the Customer will be refunded in exchange for returning it.
The data collected is used to respond to enquiries from Customers and improve their experience on the VANESSA WU website, particularly in order to process orders and information about Customers, update the VANESSA WU website and ensure its smooth running. All information about Customers shall remain confidential in accordance with VANESSA WU’s registration with the French data protection authority under no. 1862610. Customers’ data is not passed on to third parties without obtaining their consent or informing them. Customers can close their accounts at any time by contacting VANESSA WU by post or email.
In accordance with the amended French Act no. 78-17 of 6th January 1978 concerning data processing, data files and individual liberties, every Customer with a legitimate reason is entitled to access, amend and delete his/her own personal information. Customers can exercise this right directly within their accounts.
In the event of an error made by the Customer, e.g. at the order confirmation stage, VANESSA WU accepts no responsibility for non-performance or improper performance of its contracted services. Furthermore, VANESSA WU accepts no responsibility for any delay or non-performance if caused by an unforeseeable or unavoidable act by a third party or force majeure as defined by French courts.
PROVISIONS OF THE TERMS AND CONDITIONS OF SALE
Should any of the provisions of these Terms and Conditions of Sale become invalid or unenforceable, all other provisions shall remain in full force and effect. The Parties will therefore agree on a replacement provision, which maintains the economic balance of the Trade Terms and Conditions of Sale and the orders as far as possible.
If either Party fails to enforce a provision of the Terms and Conditions of Sale, this shall not be construed as a waiver of said provision.
DISPUTE RESOLUTION AND APPLICABLE LAW
The Parties shall attempt to settle any dispute concerning the interpretation, execution or implementation of a contract in an amiable manner. These Terms and Conditions of Sale and all orders shall be subject to French law.