1. General provisions
1.1 The General Terms and Conditions of Sale ("General Terms and Conditions") apply to all sales of Vercom Parts products made through the " Vercom Parts " website.
1.2 The sale of the Products covered by these General Terms and Conditions is reserved exclusively for consumers ("Customers" or "Customer") natural persons not acting in the course of a commercial or professional activity and over 18 years of age.
1.3 The language in which a sales contract can be concluded through this website is French.
1.4 Customers should carefully read these Terms and Conditions which can be viewed on the Website so that the Customer can read, retain a copy and reproduce them. A copy of the Terms and Conditions will be sent to the Customer by Vercom parts in accordance with clause 5.10 below. Sales contracts executed with Customers will be archived by Vercom parts for the retention period prescribed by applicable laws.
2. Supplier identification
2.1 The supplier is Vercom, whose registered office is at 5 rue de l'industrie a Chevry-Cossigny (77173), Vercom.firstname.lastname@example.org, share capital of € 25,000 Euro fully paid.
3. Product Information and Availability
3.1 The Website makes available information about the Products (as well as relevant Product codes) and applicable prices
3.2 Vercom Parts reserves the right, at any time, to limit the quantities and/or type of Products available from its website. The style, designs and colors of the Products described on the Website are subject to change without notice. During the purchase process, an automatic response message will inform the Customer that the order cannot be processed due to the unavailability of the ordered Product; Vercom Parts is not liable to the Customer for the unavailability of the Product before the conclusion of the contract.
3.3 The maximum number of copies of each Product that can be included by the Customer in his order proposal is three units.
3.4 Under no circumstances can Vercom Parts be held liable for errors arising as a result of a failure of the Customer's connection to the Website.
4.1 The prices of the Products listed on the Website are indicated in Euros, and include all applicable taxes and charges. Delivery costs, if any, must be added to the price of the Products and will be indicated separately in the order form, in accordance with the principles provided for by applicable laws.
4.2 Vercom parts regularly checks the accuracy of the prices of the Products listed on the Website; however, Vercom Parts cannot guarantee that the website is error-free. In the event that an error in the indication of the price is detected, Vercom Parts must refuse the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Vercom Parts will also give the Customer the opportunity to cancel the order.
5. Performance of the contract
5.1 The essential characteristics and price of each Product are displayed on the Website. The information displayed on the website does not in any way represent an offer by Vercom Parts.
5.2 Before placing an order through the Website, the Customer must carefully read all the instructions communicated to him during the purchase procedure (also with regard to possible delivery costs, the conditions of the right of withdrawal, the policy on the protection of personal data), as well as these General Conditions.
5.3 To purchase Products, the Customer must (i) include the selected Products in the shopping cart by clicking on the corresponding button, (ii) complete the order proposal, (iii) choose the payment method, (iv) accept the General Terms and Conditions and (v) transmit the order proposal to Vercom Parts via the Website.
5.4 The sending of the order constitutes a proposal to purchase the selected Products, subject to these General Terms and Conditions and is enforceable for the Customer, subject to the right of withdrawal provided for in Article 10. The sending of the order proposal by the Customer entails the obligation for the latter to pay the price of the Products ordered.
5.5 Any error or change in the data entered by the Customer in the order proposal may be validated by the Customer by following the process described on the Website before dispatching the order proposal (by way of example: the Customer may decide to change the quantity of Products he wishes to purchase by adding or removing one or more items from his shopping cart).
Vercom Parts may refuse any order proposal within 30 days of receipt of such proposal. In this case, no consideration will be owed by the Client to Vercom Parts. Vercom Parts may refuse an order proposal in the following cases (by way of example, but not limited to): (i) The Products are not available (subject to the provisions of Article 3.3); or (ii) Activities are declared or suspected to be illegal or fraudulent, including purchases are suspected to be made for commercial purposes; or (iii) Customer has failed to perform its obligations under a prior contract with Vercom Parts.
5.8 The contract between Vercom Parts and the Customer shall be concluded upon receipt by the Customer of Vercom Parts' acceptance of the order proposal ("Order Confirmation"). Acceptance (or refusal) by Vercom Parts must be communicated to the Customer by email to the address provided by the latter in the order proposal.
5.9 In the event of unavailability of one or more of the Products, the Customer will receive an email informing him, as required, of the unavailability of the Products. In such a case, the order proposal will be cancelled or partially accepted only for the Products available. In case of partial acceptance, the Customer must pay (or will be debited, if he pays by credit card) only the price of the Products available.
5.10 In accordance with the provisions of Article L.121-19-1 of the Consumer Code as described below, the Order Confirmation will include a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information on delivery costs, if applicable, information concerning the Contact at Vercom Parts, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be sent, and information on after-sales services and existing commercial conditions (if any). It will also contain a copy of these Terms and Conditions.
5.11 Once the Order Confirmation has been sent to the Customer, the order cannot be cancelled or modified. Products sent may however be returned as indicated in Article 10 below.
5.12Risk of loss or damage in relation to the Products passes to the Customer when the Customer (or a third party specified by the Customer and other than the carrier) has acquired physical possession of the Product.
6. Payment method
6.1 Payment of the price of the Products included in the order proposal, as well as applicable taxes and delivery costs, if any, must be paid by the customer by bank transfer and cheques.
6. Vercom Parts therefore does not accept payment by credit card
6.3 Transactions will be charged to the Customer's credit card only after: (i) the credit card details have been verified; (ii) the authorization to charge the card has been received from the issuer of the card used by the Customer; and (iii) the availability of the Products has been confirmed by Vercom Parts.
6.4 In certain cases (such as, for example, the purchase of personalised Products), which will be reported to the Customer before the Customer can submit the order proposal, the transaction will only be charged to the Customer's credit card after (i) the credit card details have been verified; and (ii) authorization to charge the Card has been received from the issuer of the Card used by the Customer.
6.5 Subject to what is provided for in Article 6.4., no debit will be made at the time of transmission of the order proposal with the exception of temporary costs necessary to check the validity of the credit card, if applicable. It is understood that once the order has been executed, said temporary charges will be cancelled and replaced by the amount payable by the Customer. In addition, in the event that the order is cancelled, these temporary costs will also be definitively cancelled.
6.6 If for any reason it is not possible to debit the amount payable by the Customer (or to obtain the amount due available in Vercom Parts' bank account in the event of a transfer) within the stipulated period (see point 6.6 above), the contract will not be executed and the order will be cancelled.
6.7 For each order, Vercom Parts shall send the Customer an invoice for the Products by email or post, in accordance with applicable law or regulation. The invoice will be established according to the information provided by the Customer at the time of the order. No changes to the invoice can be made once it has been issued.
7. Transport and Delivery
7.1 The Products purchased will be delivered, on working days, by a delivery service chosen by Vercom Parts (hereinafter the "Delivery Service"). The Products will be delivered to the address given by the Customer in the order proposal.
7.2 Except in cases of force majeure or unforeseeable circumstances, the Products purchased will be delivered within 21 days of the date indicated on the Order Confirmation. If delivery has not taken place within the period indicated above, the Customer may cancel the Agreement and Vercom Parts shall, without undue delay, refund any sums paid under the Contract.
7.3 At the time of delivery of the Products by the Delivery Service, the Customer (or a designated representative) shall: (i) ensure that the number of items delivered corresponds to what is indicated on the delivery note; (ii) ensure that the packaging and seals are intact, undamaged, or have not been wet or altered in any way; (iii) sign the delivery receipt; and (iv) upon request of the Delivery Service, present identification. Any damage to the packaging and/or the Product, or any discrepancies between the number of items and the supporting documents must immediately be indicated in writing on the delivery receipt of the Delivery Service. Subject to the contrary provisions provided for in the applicable laws, once the Delivery Service document has been signed and no objection has been raised by the Customer, the Customer may no longer raise objections to the external characteristics of the package delivered, it being specified that the Customer is recognized as having the right to subsequently raise objections in connection with other characteristics related to the Products in accordance with the conditions provided for in Article 13. below.
7.4 Delivery costs, if any, will be borne by the Customer and will be mentioned separately on the order form and on the invoice.
8. Dispatch and delivery confirmation
8.1 Vercom Parts shall send the Customer a confirmation of dispatch by email once the Products have been dispatched and another email once the Products have been delivered.
9. Tape or packaging
9.1 Products purchased from the Website are delivered with Vercom Parts standard packaging.
10. Right of withdrawal
10.1 In accordance with Article L.121-21 of the Consumer Code as described below, the Customer has a right of withdrawal from the contract that he can exercise without cause within 14 (fourteen) days from the date on which the Customer (or his representative duly authorized to receive the Products) physically comes into possession of the Products and, in case of partial delivery, of the last Product.
10.2 In order to exercise his right of withdrawal, the Customer must, within the period mentioned in Article 10.1 above, send by email or post: • the attached withdrawal form, duly completed and signed; or • a communication of his intention to exercise his right of withdrawal in accordance with Article L121-21 of the Consumer Code; such communication must include the following information: (i) the indication of the Product for which the Customer wishes to exercise his right of withdrawal; (ii) order number; and (iii) in the event that the Customer purchases the Product by bank transfer, the IBAN code of the Customer to whom the refund can be made;
At the following address:
5 rue de l'industrie, Chevry-Cossigny 77173
10.3 Within 15 days of the communication of the withdrawal (sent in accordance with article 10.2 above) the Customer must return the purchased Product to Vercom parts at 5 rue de l'industrie, Chevry-Cossigny 77173, France. Unless otherwise stated on the Website, the shipping costs for the return of the Products are the responsibility of the Customer. The Products will be returned in their original condition, unaltered, unused, undamaged, and with their original labels attached to the Products. In the event of a decrease in the value of the Products resulting from the handling of the goods by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the goods, Vercom parts reserves the right to refuse the return of the Products. The Customer is solely responsible for any decrease in value of the Products resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
10.4 Vercom parts shall refund all payments received from the Customer, including any delivery costs, within 10 days of receiving the returned Products, or after the Customer has provided proof of return of the Products, whichever is earlier. The refund will be made by Vercom parts using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed to another method and provided that the Customer does not have to bear any costs in connection with this refund.
11. Customized Products and Other Special Products
11.1 In accordance with Article L121-21-8 of the Consumer Code as described below, the right of withdrawal does not apply (i) to orders of personalized Products, such as, for example, those with the Customer's initials written on the Product; (ii) those that are likely to be easily damaged or expired; (iii) and those that cannot be returned due to their nature (e.g. Product that was sealed and then opened by the Customer), or for reasons of hygiene.
12. Product Replacement
12.1 Without prejudice to the Customer's rights under Articles 10 and 13, and except for Personalised Products, Vercom parts authorises the replacement of Products purchased on the Website, in accordance with the following procedure:
(I) once the Products have been received, the Customer must contact Vercom parts without delay by email to email@example.com;
(II) then, the Customer must complete the form provided with the delivered Products that the Customer wishes to exchange, clearly indicating the code and size of the new Products that the Customer wishes to receive (codes and sizes are indicated on the Website);
(III) within a maximum period of 21 days from the date of delivery of the Product, the Product to be replaced must be returned by the Vercom Customer France in the same condition in which it was delivered, with the labels attached to the Products and the form indicated under point 12.1 (II) above. Unless otherwise stated on the Website, the costs of returning the Products shall be borne by the Customer.
12.2 Products will be returned in their original condition, unaltered, unused, undamaged and with their original tags attached. In the event of a decrease in the value of the Products resulting from the Customer's handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, Vercom France reserves the right to refuse the exchange of the Products. The Customer is solely responsible for any decrease in value of the Products resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
12.3 The amount paid by the Customer will be refunded by Vercom France, by the same payment method used by the Customer to originally purchase the Product, within 10 days after the returned Products have been delivered to Vercom France
12.4 The exchange will be accepted by Vercom France subject to availability of the desired new Products.
12.5 The exchange is treated by Vercom France as a new order from the Customer subject to the same obligations and conditions set out in these Terms and Conditions as for the initial order. In particular, if the Products that the Customer wishes to exchange were initially paid for by credit card, Vercom France will first refund to this card the price initially paid by the Customer and then debit the price of the new Products requested in accordance with Article 6.3 above. If the initial payment was made by bank transfer and the price of the new Products requested is the same as that paid by the Customer for the Products he wishes to exchange, Vercom France will retain the amount initially paid by the Customer; if the price is different, Vercom will refund France the difference – or ask the Customer to pay the difference, as the case may be.
13. Lack of conformity
13.1 If a Product sold by Vercom France has manufacturing defects or an alleged lack of conformity of the Products sold by Vercom France the Customer must immediately contact the online service service by email at Vercom.firstname.lastname@example.org, or by post at the following address:
5 rue de l'industrie,
13.2 The legal guarantees provided for in Articles L211-4 to L211-14 of the Consumer Code as described below, apply to the sale of Products. According to these articles, the Customer has the right to have the Products brought into conformity, free of charge, either by being replaced or repaired (it being specified that the Customer will have the right to choose that the Product be repaired or replaced, within the limits provided by law) or, in the event of the impossibility of one of the above remedies (in accordance with Article L211-10 of the Consumer Code), the right to an appropriate reduction in the selling price of the Products or the right to withdraw from the contract. Customer loses these rights if Customer fails to notify Vercom France the lack of conformity within 1 month from the date on which Customer detected such lack of conformity.
13.3 If the Customer wishes the Product to be repaired or replaced due to lack of conformity pursuant to Article 13, the delivery costs associated with the return of the Product to be repaired or replaced will be borne by Vercom France, as well as all costs related to the delivery to the Customer of the repaired or replaced Product.
14. Guarantee of authenticity and intellectual property rights
14.1 Vercom guarantees France the authenticity of all Products purchased on the Website. Vercom France Trademark Products are produced from materials and by craftsmen (France)
14.2 The trade markand "Vercom France", all figurative and/or three-dimensional trademarks, appearing on the Products, accessories or relevant packaging, as well as all illustrations, images and places protected by copyright and, in general, all intellectual property rights related to the Products, are and remain the exclusive property of Vercom France's companies.
15. Applicable law and jurisdiction
15.1 These General Terms and Conditions, and consequently, the contracts concluded with Customers, are governed by and shall be interpreted in accordance with French law.
15.2. Disputes related to or resulting from these Terms and Conditions shall be subject to the territorial jurisdiction of the competent courts of the domicile or place of residence of the Customer.
16.1 For additional information and assistance regarding the Website or online purchasing methods, the Customer may contact Vercom parts at one of the contact details set out below:
5 rue de l'industrie
77 173, Chevry-Cossigny, Fance
17. Consumer Service & Consumer Mediator
17.1 The use of consumer service: In case of disagreement/dispute concerning a service or product related to the company, the consumer customer may send a reasoned complaint to our customer service:
By mail: 5 rue de l'industrie, 77173, Chevry Cossigny France
By email: Vercom.email@example.com
17.2 Referral to the Ombudsman is possible from the contact details below :
Consumer mediation refers to an out-of-court dispute resolution process, whereby a consumer and a trader attempt to reach an agreement to amicably resolve a dispute between them, with the help of a third party, the mediator. In the absence of an amicable agreement between the parties, the mediator proposes a solution to settle the dispute.
It is therefore an alternative to the often lengthy and costly legal action. The consumer nevertheless retains the possibility of referring the matter to the judge if the mediation is not successful.
IMPORTANT: The referral to the Mediator must be made within one year of the consumer's written complaint to the professional.
This referral can only be made in the event of a negative response or no response from the professional after 60 days.