The following text has been automatically translated from French with Google Translation tool.
The terms used, both in the plural and in the singular, in these general conditions of sale have the following meaning:
“Buyer” means any natural person, having the capacity to contract, or any legal person, who purchases a Product offered by the Seller through the Website.
“Terms” means these general conditions of sale, the object and conditions of application of which are defined in Article 1.2.
“Order” means any acceptance by Buyer of offers of Products made by the Seller through the Website. It manifests itself ultimately by the payment online or by correspondence of the Products chosen by the Buyer.
“Your Space” means the account opened by the Buyer on the Website and essential for the placing of any Order from the Buyer via the Website.
“Order in process” means the confirmation by the Seller of the validity of the Buyer’s payment. It is sent by email and contains the summary of the Sale.
“Party (s)” means individually or collectively the Seller and the Buyer.
“Product (s)” means the products offered for sale on the Website and in particular, without being exhaustive, mobile phone terminals, their batteries and accessories, as well as household electrical and communication devices.
“Seller” means SARL YOUTOO, more specifically identified in Article 2.
“Sale”, “Purchase” or “Contract” means each contract for the sale of Products resulting from the placing of an Order by the Buyer accepted by the Seller through the Website.
“Website” means the seller’s online sales website published by the Seller and accessible at www.vernee-france.com.
1.2 Purpose, scope and conditions of application
These Terms and Conditions establish the basis of the contractual rules (rights and obligations) governing the Sales of Products concluded between the Seller and the Buyer. They constitute with the particular conditions of sale, recapitulated by the Confirmation of Order, the entirety of the contractual conditions applicable to the Sales. The GTC also prevails over any other document or communication medium, such as prospectuses, catalogs and posters, which are provided for informational purposes only, unless they contain information the accuracy of which is such as to determine the consent of the Buyer.
The Buyer is deemed to adhere to the GCS, without condition or reservation, as soon as he places an order with the Seller.
The Seller reserves the right to modify its Terms and Conditions. The modified GTC are applicable to any sale concluded from their posting on the Website.
The fact that one of the Parties does not avail itself of the application of one of the stipulations of the GSC or of a breach of the other Party’s obligations can not be interpreted for the future as a waiver of right or obligation in question.
If one or more stipulations of the GSC are held to be invalid or declared as such pursuant to a law, regulation or following the final decision of a competent court, it would then be supplemented by the practices in force in the distance selling business of which the companies are based in France and the other stipulations will retain all their force and their reach.
In case of difficulty of interpretation caused by a lack of coherence between the title of a clause and its content, the title must be considered as non-existent.
The Seller is a retailer and is not intended to sell in large quantities the Products offered. Consequently, it reserves the right to refuse Orders for the same Product in large quantities by a Buyer from three identical items.
1.2.2 Professional buyers
Since the Website is not intended to meet the needs of professional buyers, the Seller reserves the right to:
Limit the quantity of Products per Order and by a Buyer,
Not to apply to them all or part of the rights and obligations set out in these GTCS, provided that these rights and obligations are based on, resulting from, identical or similar to rights and obligations imposed by the Consumer Code or any other imperative rule whose purpose is to protect the consumer.
In this regard, the rights and obligations set out or referred to by the GTC for the following are considered inapplicable to the professional buyer:
Right of withdrawal (Article 8),
Commercial and legal guarantee of non-compliance (Article 9),
Archiving of Past Orders (Article 5.6),
Deadlines and delays in delivery and unavailability (Article 7),
Right of recovery of used electrical and electronic equipment (Article 10),
Litigation (Article 16).
In addition, with respect to Professional Buyers, the following rules apply to the exclusion of any other:
The Terms and Conditions constitute with the Order Confirmation all contractual conditions applicable to the Sales, to the exclusion of any stipulation to the contrary on the order form of the Purchaser or in its general conditions of purchase or, more generally, in any document emanating from the Buyer.
The Products sold remain the property of the Seller until full payment of their price and shipping costs.
2. Seller identification and legal information
The Products are sold and the Website is published by SARL YOUTOO.
YOUTOO is a limited liability company with a capital of 20’000 euros, registered in the Trade and Companies Register of Montpellier under the number 528 485 618, having the VAT number FR14528485618 and whose registered office is located at the Domaine de Saint Clement – 34980 Saint Clément de Rivière, France. Its publication managers are Mr Benjamin MOCHE and Mr Bernard GARBUIO, co-managers of the company.
For any complaint concerning the contents of the Website, you can write to us at the Domaine de Saint Clément – 34980 Saint Clément de Rivière, France or send us an email at firstname.lastname@example.org
For any complaint concerning your purchases on the Website, we invite you to send us an email to email@example.com
The Website is hosted by Online SAS – BP 438 – 75366 Paris CEDEX 08 – RCS Paris B 433 115 904, contact 01 84 13 00 00, more info on https://www.online.net/en/ document legal / legal-legal
3. Product Information
The Products are the subject of a detailed presentation on the Website. They are accompanied by a sheet listing their technical characteristics as well as information on the quantity in stock. The availability of the product will be confirmed during the preparation of the order. If despite all our efforts, the product is not available, the order is automatically canceled.
The Products are described and presented with the greatest possible accuracy. The Seller makes every effort to ensure that the photographs and other visual representations of the Products on the Website are as accurate as possible. However, considering the limitations of the technique as well as the marketing requirements, it is possible that the perception of the Product by the Buyer through its visual representation proposed by the Seller does not allow to apprehend the reality of it, especially when it contains graphic elements that are foreign to the Product and used to highlight the latter (lighting, effects, sets, characters, stagings, background screen, etc.).
Any Order implies acceptance of the characteristics of the Products offered for sale.
The Products offered on the Website are accompanied by their selling price in Euros.
Prices do not include delivery charges, which are charged extra and indicated before the order summary. Prices include VAT applicable on the date of the Order and any change in the applicable VAT rate is automatically reflected in the price of the Products on the Website. The prices also include, where applicable, the amount of environmental contributions and the private copying levy that the Seller is entitled to charge by the Buyer. Any variation or creation of a new contribution is automatically reflected in the price of the Products appearing on the Website.
The Seller reserves the right to change prices at any time, but agrees to apply the price in effect at the time of placing the Order. However, in the event of cancellation or cancellation of an Order, the price applicable to any new subsequent Order shall be that in force at the time of placing the Order.
The price of the Product is not guaranteed when it has been added to the shopping cart and during the validity period thereof. The price is updated at the time of the verification and validation phase of the order by the Buyer.
Accumulation of promotional offers and price reductions is excluded, unless this possibility is expressly granted by the Seller.
Any Order implies acceptance of the prices of the Products offered for sale.
The Purchasing Process through the Website consists of the following steps:
Constitution of the basket
Validation of the basket
Creation of the Customer Account or Connection to the Customer Account
Choice of billing address
Choice of the delivery address
Choice of delivery method
Verification and validation of the summary of the Order
Choice of payment method
5.1 The cart
The Purchase process on the Website begins with the addition of the chosen Products to the virtual shopping cart by the Buyer and continues with the validation of the contents thereof.
The sole purpose of the basket is to list the Products chosen by the Buyer and in no event to make them unavailable to the other customers of the Seller. The Products are therefore reserved only at the time of the Confirmation of the Order by the Seller. The Seller does not guarantee the purchase of the Products at the rate indicated in the basket, which, if necessary, is updated when the order summary is displayed.
5.2 Creating and Using the Customer Account
The Customer Account is personal to the Buyer, who is authorized to hold only one Customer Account.
The creation of a Customer Account or the connection to a pre-existing account is a prerequisite for the placing of any Order from the Buyer on the Website. On this occasion, he will be asked to provide a certain amount of information essential for the proper execution of the Order.
This account is intended to allow:
the collection of information relating to the Buyer, some of which is useful and others necessary for the respect by the Seller of its contractual and legal obligations, in particular the execution of Orders,
Buyer to review their past and current Orders and to manage their relationship with Seller’s customer service.
The Buyer acknowledges that the provision on this occasion of false or inaccurate information may prevent the Seller from fully or correctly performing its contractual and legal obligations, in particular Orders, without the Seller’s liability being the cause.
The integrity of the Customer Account information, such as the Order History, is not guaranteed by the Seller.
The Buyer acknowledges that his username and password are strictly personal and confidential. He is therefore prohibited from communicating them or revealing them to third parties. Any connection to the Customer Account made with the username and password of the Buyer is deemed to have been made by the Buyer or a third party duly mandated by the Buyer. The Buyer is responsible for the use of these identification elements by third parties and guarantees the Seller against any claim caused by such use. It is the responsibility of the Buyer to inform the Seller immediately if he suspects fraudulent use of his username and password.
Failure by the Purchaser to comply with the obligations under the GSC may result in the suspension or termination of his Client Account depending on the degree of seriousness of the acts in question.
5.3 Choosing delivery terms
The Buyer is offered several delivery terms (mode and place of delivery) and is informed of the cost corresponding to the chosen modality.
The Buyer acknowledges and agrees that only a physical delivery address is valid to the exclusion of any post office box.
To pay for the Order, the Buyer must choose a payment method among those made available by the Seller on the Website. The Buyer is directed to the payment interface corresponding to the payment method he has chosen. It is informed that it must be aware and accept the conditions of use of the chosen means of payment established by the bank or payment intermediary concerned.
The security of payments is ensured by the means described in article 6.
The Buyer guarantees to the Seller that he has the necessary authorizations to use the method of payment he has chosen.
The Seller reserves the right to suspend the execution of the Order or to cancel it (resolution) in the event of refusal by the banking institution holding the Buyer’s bank account to validate or execute the payment corresponding to this Order or if it turns out to be or is suspected to be fraudulent.
Amounts paid can not be considered as a deposit or installments.
5.5 Order Confirmation and Shipping
At the end of the payment of the price of the Order and its validation by the bank or payment intermediary of the Seller, the latter acknowledges receipt of the Order by displaying a page of the Website and by the sending an Order Confirmation email.
Then, when the Product has been shipped, the Seller sends him a Shipping Confirmation.
5.6 Transaction Proof and Order Archiving
The online provision of information relating to the credit card of the Buyer and the final validation of the Order are proof of the agreement of the Buyer in accordance with the provisions of the Act of 13 March 2000 and will be worthy of sums due under of the Order as well as signature and express acceptance of all the operations performed.
The Buyer acknowledges the probative value of the automatic registration systems implemented by the Seller for the purposes of the Website. The computerized records, stored in the vendor’s computer systems under reasonable security conditions, shall be considered as proof of the communications of the Orders and the payments made between the Parties. The filing of Orders and invoices is done on a reliable and durable support that can be produced as evidence.
In accordance with the legislation in force, the Purchaser may at any time access the information relating to Orders placed with the Seller as soon as he makes a request to the Seller or through his Customer Account.
6. Fight against fraud
Payments made online on the Website or by telephone to the Seller are made via a secure payment platform, supplemented by specific control measures for each payment method, to ensure the security of Purchases.
The information provided by the Buyer during the payment never transit in clear on the network: they are systematically encrypted thanks to the SSL (Secure Socket Layer) protocol.
Since this technology can be implemented, payments made online are secured by the 3-D Secure security protocol. In this case, the Buyer has the obligation to provide additional information requested to validate his payment and failing which the payment can not succeed.
Exceptionally and in order to prevent fraud in distance selling, the Seller reserves the right to verify the identity of the Purchasers through random checks during the placing of Orders. As part of a random check, the Seller may condition the execution of the Sale to the supply by the Buyer, by post or by e-mail, of a proof of identity (copy on both sides of the card identity or passport of the valid Purchaser) and / or domicile (gas bill, water bill, landline bill or tax notice). The delivery times indicated during the validation of the Order are then suspended and resume running from the receipt of the supporting documents requested by the Seller.
7.1 Territories delivered
The Products purchased on the Website are delivered on the territory of metropolitan France, Corsica, the Principality of Monaco and the entire European territory.
7.2 Delivery methods
The shipment of the Products ordered is systematically confirmed by the Seller by email.
The ordered Products are delivered according to the delivery method selected by the Buyer during the Order.
As soon as the Products are delivered to the address indicated by the Buyer at the time of the Order, the Buyer must ensure its accuracy. Any package returned to the Seller because of an incorrect or incomplete delivery address will be returned to the Buyer only with his agreement and at his expense.
Orders may be delivered in multiple packages.
7.3 Shipping costs
The delivery charges are indicated at the time of the Order and are added to the price of the Products ordered except exceptional offer.
7.4 Delivery time
Delivery times are indicated at the time of each Order and depend on the mode and the delivery address chosen by the Buyer.
Delivery times run from the date of sending the Confirmation of Shipping e-mail.
Special case of pre-orders:
The date of dispatch of pre-order items begins no earlier than the official launch date of the product, SARL YOUTOO reserves a reasonable time for the preparation of the order.
The official release date may not be known precisely when opening pre-orders. The site then communicates a forecast date and will confirm later and as soon as possible the date of release of the product.
The delivery time runs from the date of sending the email confirming the shipment.
7.5 Delayed Delivery and Downtime
In the event that the delivery of a Product ordered is impossible, the Seller spontaneously cancels the Sale and reimburses the Buyer within fourteen (14) days from the date on which the Purchase was canceled. . In any case, the Seller endeavors to inform the Buyer as soon as possible by e-mail.
In case of late delivery, the Buyer can freely choose between the following options:
Cancel its Purchase (resolution), subject to having ordered the Seller to make delivery within an additional ten (10) days by registered letter with acknowledgment of receipt or by writing on another durable medium, and if the latter has not been executed within this period. The Seller then agrees to reimburse the Purchaser for all sums paid, within fourteen (14) days of the date on which the Purchase was canceled. Cancellation must be done by registered letter with acknowledgment of receipt or by writing on another durable medium.
Modify your Order by registered letter with acknowledgment of receipt or by writing on another durable medium. In the event of a price discrepancy with the Product initially ordered, the Buyer will pay the additional sum or the Seller will reimburse the excess, if any. The Seller will deliver his amended Order within a specified period to that applicable to his original Order. If the Substitute Product is not suitable for the Buyer, the Purchaser may still exercise the right of withdrawal provided for in Article 8.
7.6 Non-compliance and delivery error
The Buyer is invited to indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (error, missing device or accessory, damaged parcel, broken products …) and to confirm as soon as possible these reservations to the Seller by mail (SARL YOUTOO – Domaine de Saint Clement – 34980 Saint Clément De Rivière or by email firstname.lastname@example.org).
If the Products need to be returned to the Seller by the Buyer for any other reason, they must be the subject of an application to the Seller in the manner provided by Article 9.
8. Right of withdrawal
In accordance with the provisions of the Consumer Code, the Purchaser has a period of 14 days to inform the Seller of his intention to return any Product and to request a refund without additional cost, with the exception of transportation costs. back who remain at his charge.
To do this, the Buyer is invited to send the Seller an e-mail email@example.com.
The withdrawal period above runs from the day after receipt of the Product to the delivery address or relay package chosen by the Buyer, the delivery slip dated. In the case of an Order for several Products delivered separately this period runs from the receipt of the last Product.
The Buyer then has a new period of 14 days to return or return the Product from the day after the day he has notified the Seller of his decision to retract.
Only returned products are returned together (with all their parts, documentation and accessories), in their original packaging intact, intact having been opened carefully, allowing their remarketing in new condition and necessarily accompanied by a copy of the delivery note and / or purchase order, verifying that it is a Product purchased via the Website. In particular, Products sold in batches, at a single price, as part of promotional campaigns (packs) constitute indivisible sets that must be fully returned as part of the exercise of the right of withdrawal.
8.3 Terms of return
Returned Products must be protected so that they and their packaging are not damaged or soiled. They must then be entrusted by the Buyer to the carrier of his choice to be delivered to the following address:
Domaine de Saint Clément
34980 Saint Clement Of River
The cost of return is the responsibility of the Buyer, they are not subject to any refund by the Seller.
After receipt and verification of the returned Product, and more generally the conditions mentioned in article 8.2, the Seller shall reimburse the Buyer for all amounts paid, including the standard delivery costs of the Product to the Purchaser, in the 14 days from the date of receipt of the Products.
In case of serious depreciation of the Product resulting from manipulations other than those necessary to establish its nature, characteristics and proper functioning, the Seller reserves the right to refuse to make the refund. In case of refusal of the Seller to make the refund, the Buyer must inform the Seller of his wish that the Product be returned to him within fifteen (15) days from the notification of the refusal of refund. The Product is then returned to him free of charge depending on the delivery method and within the time chosen during the placing of the original Order. Otherwise, the Buyer is deemed to have permanently abandoned the return of the Product which becomes the property of the Seller.
9.1 Legal guarantees
The Seller is responsible for the conformity of the Products with the Contract and reminds the right of the Purchaser to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the code of consumption or guarantee defects of the thing sold under articles 1641 and following of the civil code.
It is recalled that in the context of the legal guarantee of conformity, the Buyer:
Benefit from a period of two (2) years from delivery of the Product to act with respect to the Seller;
Does not bear any costs for the performance of this warranty action;
May choose between the repair or replacement of the Product, subject to the cost conditions provided by Article L. 217-9 and the conditions of Article L.217-10 of the Consumer Code;
may return the Product and be returned the price or keep the Product and get a part of the price, if the repair and replacement of the goods are impossible, within one month of the claim of the Buyer or if they present a major disadvantage for the Seller, unless the lack of conformity is minor;
is exempted from furnishing proof of the lack of conformity of the goods during the twenty-four months following the delivery of the Product, except for second-hand products for which this period is reduced to six months.
9.2 Commercial Guarantee
The Products sold are also covered by a commercial guarantee to guarantee their design, manufacturing and material defects, and to obtain the replacement or the repair of the Product. It does not cover defects caused by abnormal, faulty or resulting use of a cause unrelated to the intrinsic qualities of the Products.
The conditions of application of this guarantee are detailed in the General Warranty Conditions available on the Website.
The preceding stipulations are not exclusive of the application of the legal guarantees relating to the conformity and latent defects described in articles L217-4 to L217-12 of the Code of the Consumption as well as articles 1641 to 1648 of the Civil Code, which the Buyer can always claim.
10. Electrical and electronic waste
In accordance with the legislation in force, the Purchaser may benefit from a right to take back used electrical and electronic equipment within the limit of the quantity and type of equipment that has been purchased.
The Purchaser may exercise this right by depositing his used electrical and electronic equipment in one of the 12,000 Eco-systems guaranteed collection points: shops, waste disposal centers or solidarity networks. They are then transported to specialized treatment centers (www.eco-systemes.fr).
11. Availability of spare parts
Pursuant to Article L. 111-4 of the Consumer Code and implementing decree No. 2014-1482 of 9 December 2014, relating to the information and supply obligations concerning Spare Parts essential for use of a good, the Seller declares that the spare parts essential for the use of the Products put for the first time on the French market by the Seller as of March 1st, 2015 and repaired by the Seller as part of its after-sales service. sale, are in principle available for a period of three (3) years from the date of acquisition of the Product by the Purchaser, unless otherwise stipulated by law or specific time specified by a model communicated by the Seller to the Buyer.
12. Personal data </h3>
Equipment (computer, software, telecommunications, etc.) allowing access to the Website are the sole responsibility of the Purchaser, as well as telecommunications charges resulting from their use.
The Buyer acknowledges and accepts that no one can guarantee the good functioning of the Internet as a whole. In case of impossibility of access to the Website, particularly due to technical problems, the Buyer can not claim any damage and can not claim any compensation.
14. Intellectual property
The Website and its contents are the property of the Seller and third parties under the terms of licenses granted to the Seller. They are protected by French and international copyright laws and treaties, as well as by any other law and international treaty relating to intellectual property. All rights relating to the original and innovative character of the Website and the overall concept of the Seller’s activity, including intellectual property rights over texts, literary and artistic creations, graphic (including photographs) and audiovisual , computer developments, HTML developments and other works of the mind and, more generally, any creations likely to be protected by the law of intellectual property such as images, logos, formatting, graphic design, the structure, the ergonomics, the color codes, the typography, the fonts, the basic graphical elements, the graphic organization of the screens, the layout, the backgrounds, the visual identity of the Website, the sound elements or marks belong to the Seller or are regularly used by the Seller under a license belonging to a third party.
In particular, the Seller holds, without the list being exhaustive, trademarks “SARL YOUTOO” and domain names associated with the Website. The imitation or reproduction, in whole or in part of the intellectual property rights of the Seller, on any medium whatsoever and in particular as a domain name, meta-tags or keywords and for any other purpose without the prior authorization of the Seller may give rise to legal proceedings, in particular on the basis of counterfeiting.
15. Force majeure
Any circumstances beyond the control of the Parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the Parties and shall lead to their suspension.
The Party invoking the circumstances referred to above shall immediately notify the other Party of their occurrence and of their disappearance.
Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The Parties will come together to review the impact of the event and agree on the conditions under which the execution of the Contract will be continued. If the case of force majeure has a duration greater than three (3) months, these general conditions may be terminated by the injured party.
In accordance with the applicable legislation, the Seller offers the Buyer the right to use a consumer mediator free of charge in order to resolve amicably any dispute between them falling within his competence. For this purpose, the Buyer may apply to the National Chamber of Bailiffs (CNHJ) via its website http://www.medicys.fr.
17. Applicable law
These general conditions are subject to the application of French law. This is so for the substantive rules as for the rules of form.