Terms of sale

GENERAL TERMS OF SALE

Article 1 - GENERAL PROVISIONS - SCOPE

1.1 These General Terms of Sale ("the GTC") determine the rights and obligations of the parties in the context of the online sale of Products offered by  GROUPE VLA.

1.2 Any Order placed on the website www.le-mitigeur.com implies the prior and unconditional acceptance of these general terms of sale, which are subject to French law. These GTC are therefore an integral part of the Contract between the Client and the Individual Enterprise. They are fully enforceable against the Client, who declares that they have read and accepted them, without restriction or reservation, before placing the Order.

1.3 These GTC apply to any Order placed by a natural person acting as a consumer. The Client therefore certifies that they are a natural person over 18 years of age, acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity. They acknowledge that they have the full capacity to commit when placing the Order and undertake to provide truthful information about their identity.

1.4 EXCLUSION: Persons acting as professionals, i.e., natural or legal persons, public or private, who act for purposes within the scope of their commercial, industrial, artisanal; liberal or agricultural activity, are expressly excluded from the scope of these GTC, including if they act on behalf of or for the account of another professional.

Professionals wishing to place an Order with the Individual Enterprise are invited to contact us directly.

1.5 The GTC applicable to each Order are those in force on the date of payment (or first payment in the case of multiple payments) of the order. The Individual Enterprise reserves the right to modify them at any time by publishing a new version on its website. These GTC can be consulted on the website of the Individual Enterprise at the following address: www.le-mitigeur.com and are downloadable in pdf format.

 

Article 2 - CONCLUSION OF THE ONLINE CONTRACT

2.1. Order placement process

To purchase one or more Products on the site, the Client selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to place the Order (1st click).

At this stage, the Client is redirected to a page containing:

A summary of the selected Products, the corresponding prices, the terms and delivery charges. It is then up to them to check and, if necessary, correct the contents of their cart.  

These GTC. They must read them carefully before validating the entire Order. 

This validation of the Order after checking the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Client acknowledges that the 2nd click entails an obligation to pay on their part.

The Client is then redirected to the payment page. They can choose between the different payment methods offered and proceed to payment of their Order.

After validating their Order and making their payment, the Client receives, at the email address they provided to create their account, a confirmation message from the Individual Enterprise. This message contains, in pdf format:

The summary of their order (selected Products, prices, terms, and delivery charges);

The precise identification of GROUPE VLA and its activity;

The Order number;

The terms, conditions, and withdrawal form;

These GTC in pdf format.

In the event of non-receipt of the Order confirmation, it is recommended that the Client contact the Individual Enterprise via the contact form on the site.   

The Client then receives an electronic purchase invoice, which the Client expressly accepts.

The Client is strongly advised to keep this confirmation message and the purchase invoice, which is also transmitted to them in electronic format, as these documents can be used as evidence of the Contract.

 

2.2 Case of refusal to validate the Order by the Individual Enterprise

The Individual Enterprise reserves the right to refuse the Client's Order for any legitimate reason, including:

Order not in compliance with the GTC;

Quantities ordered not corresponding to normal use by a consumer Client;

Non-payment of a previous Order or dispute regarding a previous Order;

Suspicion of fraud in the Order (supported by a consistent set of evidence).

 

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

 

3.1 Product specifications

The essential characteristics of the goods and their respective prices are made available to the Client on the websites of the Individual Enterprise, as well as, where applicable, information on the use of the product.

Although the Individual Enterprise reasonably ensures that the Specifications are accurate, these Specifications, subject to certain exceptions, such as pricing information, are provided by the suppliers of the Individual Enterprise. Consequently, the Individual Enterprise disclaims any liability for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos, or photos of the Products offered for sale have no contractual value. The validity period of the Products offered and their prices is specified on the websites of the Individual Enterprise.

 

3.2 Product availability

Product offers are valid within the limits of available stocks from our suppliers. This availability of the Products is normally indicated on the specific Product page.

However, insofar as the Individual Enterprise does not reserve stock (except in specific cases of Products indicated for pre-order on the Product sheet), adding a Product to the cart does not guarantee absolutely the availability of the Product as well as its price.

In the event that a Product becomes unavailable after the validation of the Client's Order, the Individual Enterprise will immediately inform them by email. The Order will be automatically canceled, and the Individual Enterprise will refund the price of the originally ordered Product, as well as any amount paid for the Order.

However, if the Order contains other Products than the one that became unavailable, these will be delivered to the Client, and the delivery charges will not be refunded.

 

Article 4 – PRODUCT PRICES

 

4.1 Reference prices indicated on the sites

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer, or its official representative. Failing that, it is a price determined based on the prices at which the Product is commonly sold in a panel of distributing stores. This price is updated as soon as the brand, the manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of stores is modified.

 

4.2 Modification of prices indicated on the sites

The prices of the Products are indicated on the Product description pages. They are indicated excluding tax, customs duties, and shipping costs. The Individual Enterprise reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.

The Products ordered will be invoiced based on the price in effect on the site at the time of Order validation.

 

4.3 Product prices

As many Products are imported from abroad (outside the European Union) at the request of Clients, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product order page, and excluding specific shipping costs.

The prices of the Product(s) do not include VAT on importation, import taxes, or customs duties, which must be paid in addition and will be entirely at the expense of the Client, who is liable for these taxes as the recipient of the Product.

The prices of the Product(s) do not include packaging, conditioning, shipping, transport, insurance, and delivery costs of the Product(s) to the delivery address.

 

4.4 Payment of taxes

The Client is solely responsible for the declaration and payment process of VAT on importation during the clearance of the Product. They may be required to pay VAT on importation. Since this tax is not the responsibility of the Individual Enterprise, it cannot be reimbursed for this tax.

For all products shipped outside the European Union and/or overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be due in certain cases. The Individual Enterprise has no control over these duties and amounts.

They will be at the expense of the Client and are their responsibility (declarations, payment to the competent authorities, etc.). For this reason, the Individual Enterprise invites the Client to inquire about these aspects from the corresponding local authorities.

 

Article 5 – PAYMENT OF PRODUCT PRICES

 

5.1 Time of payment

Payment of the full price of the Order must be made immediately after Order validation.

The Individual Enterprise may, exceptionally, grant payment in installments, particularly in view of the amount to be paid and the knowledge it has of the Client concerned. However, the Individual Enterprise has no obligation to grant such payment terms. In the event of a particular situation, the Client may request this by contacting the Customer Service of the Individual Enterprise at the following address: contact@le-mitigeur.com.

 

5.2 Methods of payment

To pay for their Order, the Client can choose from different payment methods:

Payment by credit card:

Only bank cards linked to a bank located in France or international bank cards (Visa, MasterCard, American Express, and Maestro) are accepted. The Client guarantees the Individual Enterprise that they have the necessary authorizations to pay with the bank card used. They expressly acknowledge that the commitment to pay given by card is irrevocable and that the communication of their bank card number constitutes authorization to debit their account for the total amount corresponding to the Products ordered. The amount will be debited at the time of Order validation.

Payments by credit card are made through a secure payment platform, and the information on the bank cards communicated benefits from SSL encryption.  

Payment via Paypal:

Payment by Paypal is accepted up to a limit of 1,000 €.

It is emphasized that in the event of using this payment method, the General Terms of Use of Paypal, available on their site, are added to these GTC.

Payment by vouchers and/or promo codes

Vouchers and/or promotional codes issued by the Individual Enterprise can be used to pay all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use vouchers and/or promotional codes, the Individual Enterprise may cancel the Order outright.

In general, in the event of a refusal of payment authorization from officially accredited organizations or in the event of non-payment of the Order, the Individual Enterprise reserves the right to suspend and/or cancel the said Order.

The Individual Enterprise reserves the right to suspend at any time any of the payment methods, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a previous Order.

The Individual Enterprise reserves the possibility of implementing an Order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Client may be asked to send by email or by post to the Individual Enterprise a copy of an identity document, proof of residence, and a copy of the bank card used for payment. Precise indications on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Client in the event of verification. The Order will only be validated after receipt and verification of the documents sent.

 

Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEIPT

 

6.1 Delivery 

Before validating the Order, the Individual Enterprise provides the Client with information about the various delivery methods and their respective rates. Following the Client's choice of delivery method, the Individual Enterprise will provide them with an estimate of the delivery time.  

The Individual Enterprise will make every effort to ensure that the Product(s) is/are delivered no later than the scheduled delivery date. In the event of difficulty, the Individual Enterprise undertakes to communicate quickly with the Client to inform them and find an appropriate solution.

Air transport, shipping, and/or delivery of the Product(s) will be fully borne by the Client ("Delivery charges"). These delivery charges are included in the final price invoiced to the Client at the time of the Order. However, any possible customs fees are not included in the price invoiced to the Client by the Individual Enterprise. 

Depending on the methods chosen by the Client, the delivery will be made either to the address indicated by the Client, or if necessary, to a relay point chosen by the Client from the list of available points. It is therefore the Client's responsibility to carefully check the information provided for delivery  as they are solely responsible in the event of non-delivery due to incomplete or incorrect information.

 

6.2 Customs clearance

When making a purchase, the Client buys the product excluding taxes and becomes the importer of the purchased product as the recipient of the Product.

They are therefore responsible, in particular, for the import and customs clearance processes of the product with the local customs offices. Depending on the price of their order, they may be required to pay customs duties (for Products with a customs value of more than €150).

The Client is solely responsible for the process of declaring customs duties during the customs clearance of the Product. These customs duties, which are not invoiced to the Client by the Individual Enterprise, do not fall under the responsibility of the Individual Enterprise. The latter cannot therefore be held responsible for the reimbursement of these duties.  

 

6.3. Receipt

Upon receipt of the Product, the Client undertakes to check that the Product is complete and not damaged.

In the event of an anomaly, the Client must contact the Customer Service of the Individual Enterprise within three days (excluding public holidays) following the date of receipt of the Product. Any claim submitted outside of the deadline cannot be processed.  

 

Article 7 – WITHDRAWAL

 

7.1 Principle and deadline

The Client has the right to withdraw, without giving any reason, within a period of fourteen (14) calendar days from the date of receipt of their Order. In the event of an Order of several Products, the deadline runs from the receipt of the last Product.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased Product(s) and the delivery charges will be refunded, with the return costs remaining the exclusive responsibility of the Client.

 

7.2 Exclusions

In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;

Supply of goods made to the consumer's specifications or clearly personalized;

Supply of goods liable to deteriorate or expire rapidly;

Supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;

Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

Urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, within the limit of the strictly necessary spare parts and work to respond to the emergency;

Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

Supply of a newspaper, periodical, or magazine, except for subscriptions to these publications;

Concluded in a public auction;

 

7.3 Methods of exercising the right of withdrawal

To exercise their right of withdrawal, the Client must inform the Individual Enterprise of their intention to withdraw, either by completing the standard form, a model of which is included below, or by sending an unambiguous declaration expressing their intention to withdraw within the 14-day period mentioned above.

Standard withdrawal form model:

For the attention of GROUPE VLA, (concerned site name), Customer Service, 229 rue saint-honoré, 75001, PARIS.

I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the following Product:

Product name:

Date of order and receipt:

Order number:

Withdrawal request tracking number:

Client's name:

Client's address: