Terms & Conditions
The purpose of these general conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds to the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer.
They apply, without restriction or reservation, to all sales, by the company Vandatel (Avadiam), of the products offered on its website.
Consequently, the fact for any person to order a product offered for sale on the website of the company Vandatel (Avadiam) implies full acceptance of these general conditions of sale of which the buyer acknowledges having read before ordering .
The products are offered for sale in the following geographic territory: mainland France and Corsica.
The buyer prior to his order, declares that:
The purchase of products on the website of the company Vandatel (Avadiam) is not directly related to his professional activity and is limited to a strictly personal use. To have full legal capacity, allowing him to commit under these conditions terms of sale.
Vandatel (Avadiam) reserves the right to modify these general conditions of sale at any time.
Vandatel (operation of Avadiam)
Limited liability company with capital of 5,000 €
Intra-community VAT number: FR12518913819
The head office :
154 Boulevard Haussmann
01 77 35 79 89
The selling prices of products online on the Avadiam website, indicated in euros, are those in force at the time of the purchase order being registered by the buyer.
They do not include shipping costs, billed in addition to the price of products purchased according to the amount of the order.
The shipping costs will be indicated before the recording of the order by the buyer.
The prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by Avadiam on its website.
The selling prices of the products can be modified by Avadiam at any time.
This modification will be notified to the buyer before any order.
In accordance with article L. 111-1 of the consumer code, the buyer can, before placing an order, take note, on the Avadiam website, of the essential characteristics of the product (s) he wishes to order (components , weight, special features of the product)
The buyer selects one or more products from the different categories offered on the Avadiam website.
The offers presented by the Avadiam site are valid while stocks last.
For products not stored in its warehouses, the offers presented by Avadiam are valid subject to availability at its suppliers.
Avadiam reserves the right to modify the assortment of products depending in particular on the constraints linked to its suppliers.
In the event that a supplier changes a product, the graphic representation of it cannot engage the seller's responsibility or even affect the validity of the sale.
Any order implies acceptance without restriction or reservation to these general conditions of sale.
When ordering, the buyer is invited to communicate to Avadiam his name, first name, address, delivery address and e-mail address.
From the moment when the buyer has registered his order by clicking on the "Validate" icon, he is considered to have knowingly and unreservedly accepted these general conditions of sale, the prices, volumes and quantities of the products. offered for sale and ordered.
However, the buyer can cancel his order during the hour following its validation.
The buyer's order must be confirmed by Avadiam by email.
The sale will be considered final only after the confirmation of the order has been sent to the buyer by Avadiam and collection by the latter of the full price.
Avadiam recommends that the buyer keep this information on a paper or computer document.
Any fraudulent order or presumed as such, will be considered by Avadiam as null and void.
Payment must be made when ordering by the buyer. reimbursement: the sums paid will be considered
To settle his order, the buyer has the following payment methods: bank card, bank check made out to Vandatel, postal order, bank transfer, cash on delivery (30% deposit - balance on delivery).
Avadiam proceeds to cash checks upon receipt
Online assets are assets issued exclusively by Avadiam and usable only on its website.
They have a validity period of one year from their date of issue and cannot be used in a showroom.
The buyer guarantees to Avadiam that he has the necessary authorizations to use the method of payment he has chosen, when registering the order form.
Avadiam reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of performance, in the event of non-payment of any amount that would be due by the buyer, in the event of payment incident or in case of proven fraud.
The delivery of any new order may be suspended in the event of late payment.
Avadiam reserves the right to request a photocopy of the buyer's identity card and / or bank card (front only) for any payment by bank card. For amounts greater than 200 euros including tax, Avadiam reserves the right to request a certified photocopy of an identity document.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.
Only bank cards issued by a banking establishment domiciled in France are accepted.
In order to ensure the security of payment by bank card, the customer is obliged to send Avadiam the visual cryptogram (CVV) of his bank card.
CHOICE OF PRODUCTS
The buyer having read the products and their characteristics, marketed by Avadiam, has under his sole responsibility and according to his needs as they have previously determined before any order, made his choice on the product or products making the object of his order. In addition, the buyer knowing only the products he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him.
It is the exclusive responsibility of the buyer, if he does not consider himself competent enough, to be assisted by counsel.
DELIVERY AND RECEPTION
The products will be delivered to the address indicated by the buyer on the order form, in mainland France and Corsica.
By default, invoices are sent to the e-mail address indicated by the customer when registering.
Failure to comply with the procedures set out below, no claim by the buyer will be accepted.
CHARACTERISTICS OF THE COLISSIMO POST MONITORING SYSTEM
The buyer is delivered to his home by his postman and signs a delivery slip acknowledging receipt. In case of absence, the Purchaser or the recipient of the ordered product receives a notice from the postman, which allows him to collect the ordered products at the nearest post office, for a period of fifteen days.
The Purchaser is required to check, in the presence of the postman or the deliveryman, the condition of the packaging of the goods and its content on delivery.
In the event that the Buyer has any doubt of any kind whatsoever on the condition or content of his package, he is required: to apply the Colissimo, Chronopost procedure (in particular to report damage due, all claims and reservations) and to refuse the goods by immediately issuing an anomaly report to the post office employee (report 170).
report these incidents to Avadiam.
DELIVERY CHARACTERISTICS BY CHRONOPOST AND UPS
The buyer is delivered to his home by the deliveryman of the company Chronopost and UPS and signs electronically or manually an acknowledgment of receipt.
In case of absence, the buyer or the recipient of the ordered product receives a calling card, which allows him to contact the carrier in order to agree on another delivery day.
The buyer is required to check in the presence of the delivery person the condition of the package and the number of packages delivered.
In case of doubt, he must refuse the package and report these incidents to Avadiam.
The delivery times, following validation of your order under the conditions of article 4.3, are as follows:
Colissimo POSTAL MONITORING: 3 to 5 working days
Chronopost: 1 to 2 working days
UPS: 1 to 2 working days
For all orders confirmed before 1 p.m., Monday to Friday (excluding holidays), the order will be sent the same day within the limit of available stock.
In any event, and in accordance with the provisions of article L. 216-1 of the consumer code, Avadiam delivers the goods or provides the service on the date or within the period indicated to the buyer. In the absence of any indication or agreement as to the date of delivery or performance, Avadiam will deliver the goods without undue delay and no later than thirty days after the conclusion of the contract.
Delivery means the transfer to the buyer of physical possession or control of the goods. .
In the absence of delivery at the expiration of this period, the buyer will have, in accordance with article L. 216-2 of the consumer code, the possibility of terminating the contract, by registered letter with request for acknowledgment of receipt or by writing on another durable medium, if, after ordering, under the same terms, Avadiam to make the delivery or provide the service within a reasonable additional time, the latter has not been performed within this time.
The contract is considered to have been terminated on receipt by Avadiam of the letter or written notice informing it of this resolution, unless Avadiam has been executed in the meantime.
The buyer can immediately terminate the contract if Avadiam refuses to deliver the goods or when it does not fulfill its obligation to deliver the goods at the end of the period provided for in the first paragraph of article L. 216-1 and this date or this deadline constitutes for the buyer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the buyer before the conclusion of the contract.
The sums paid by the buyer will then be returned to him without delay, to the exclusion of any other compensation.
In the event of a delay in delivery compared to the date initially fixed, the buyer must report it in writing (mail, fax, email) to Avadiam in order to improve the quality of service which may be offered to him and to allow Avadiam to investigate the carrier.
A carrier investigation can take up to 21 business days. If during this period, the product is found, it will be immediately re-routed to the place of delivery designated in the order form
On the other hand, if the ordered product is not found at the end of this period of 21 days of investigation, Avadiam will proceed at its expense to a new shipment of the products ordered by the buyer.
In the event that the product ordered is no longer available, the provisions of article 8 will apply.
In the event of a product exchange, the delivery costs will be borne by the consumer.
RETURN OF PRODUCTS FOR NON CONFORMITY OR DISSATISFACTION OF THE PURCHASER
Products which do not comply with the order or which do not give him complete satisfaction may be returned by the Buyer under the conditions and according to the instructions provided for in these GTCS.
To this end, the buyer is the beneficiary of a right of withdrawal, which is exercised in accordance with the legislative provisions in force and in article 8 of these GTC, and a legal guarantee of conformity, which is exercised in accordance with the legislative provisions in force and with article 11.2 of these CGV.
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
Avadiam will, at the choice of the buyer, reimburse, by check or bank transfer, the sums paid by the Buyer, or exchange the returned product, within 14 days of the delivery or receipt of said product. If the product is no longer available, for a temporary period or following a production halt, Avadiam may offer a similar product to the buyer.
Before any exchange or refund, Avadiam will ensure that the returned product conforms perfectly to the product delivered to the buyer, without modification, transformation, damage, or intervention of any kind on the part of the buyer.
RETURN BY MAIL
Apart from the right of withdrawal, Avadiam accepts the return of any item purchased on the "Avadiam.com" website if it is returned within 1 month from the date of receipt of his order by the buyer .
The shipping costs of the return package remain the responsibility of the buyer. To return an item, the buyer must follow the following instructions:
1. Use the original packaging to return the product.
2. Complete and attach the Return Form to be detached from the Delivery Form. Returns without Return Voucher are not accepted.
3. Send the package to the following address:
For the attention of the after-sales service
154 Boulevard Haussmann 75008 Paris
Avadiam does not accept packages sent postage due.
Any risk related to the return of the product is the responsibility of the buyer.
Avadiam can in no way be held responsible for loss and theft of the product during delivery.
RIGHT TO RETRACT
In accordance with article L. 221-18 of the consumer code, the buyer has the right to withdraw, without giving any reason, within fourteen days from the date of receipt of the goods.
In accordance with article L. 221-23 of the consumer code, the buyer must return or return the goods to Avadiam or a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of its decision to withdraw.
The buyer will bear only the direct costs of returning the goods.
The products must imperatively be returned to Avadiam in perfect condition for resale, in their original condition (packaging, accessories, instructions ...), duly sealed, and accompanied by the signed return slip.
Avadiam undertakes to reimburse the amount paid by the buyer by bank transfer or check, with the exception of the return costs referred to above, within the period of fourteen days following the date on which the buyer has exercised their right of withdrawal.
Avadiam informs the buyer that the creations made to measure on the buyer's order, personalized products, certified, engraved, cut to size or cut, cannot be the subject of a right of withdrawal of the buyer and are therefore neither taken back, nor exchanged, nor reimbursed.
In addition, this right of withdrawal may in no case operate if the products have obviously been the subject of sustainable use.
In accordance with Articles L. 221-5 and L. 221-13 of the Consumer Code, a model withdrawal form is provided to the Purchaser on a durable medium, within a reasonable time, after the conclusion of the contract and at the latest. at the time of delivery of the goods.
RETENTION OF TITLE
Avadiam retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.
Avadiam cannot be held responsible for the non-performance of the contract in the event of a stock shortage or unavailability of the product due to force majeure, disruption or total or partial strike, in particular postal services and means of transport and / or communications.
Avadiam cannot be held liable for any indirect damage that may arise from the purchase of the products.
Avadiam cannot be held responsible for any loss of data or files. It is up to the Buyer to make all the necessary backups.
The Avadiam site also contains information from third parties, and links to other websites. Avadiam cannot under any circumstances be held liable for damage resulting from the use of, access to, or the inability to use this third-party information, or the content of other websites.
The buyer benefits from a commercial guarantee, the duration of which is mentioned on the guarantee voucher delivered with the product ordered.
This warranty is subject to normal use of the product. Excluded from the warranty are faults resulting from wear and tear, loss, breakage, any accidental circumstance not inherent in the product and the intervention of a third party.
The purchaser must return the product accompanied by the guarantee voucher under the conditions specified in article 7.5 hereof.
Legal guarantee of conformity
In accordance with L. 217-4 of the Consumer Code, Avadiam undertakes to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
The property is considered to comply with the contract:
1 ° If it is suitable for the use normally expected of similar goods and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The lack of conformity which appears within twenty-four months from the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is fixed at six months.
Thus, the buyer is exempted from bringing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods except for second-hand goods.
In the event of a lack of conformity, the buyer must choose between repairing and replacing the goods.
However, Avadiam may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect.
Avadiam is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
If repair and replacement of the goods is impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
To implement the legal guarantee of non-conformity, for this the buyer must contact Avadiam within two years from the delivery of the goods.
Hidden defects warranty
The buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code.
Thus, Avadiam is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have acquired it, or would have given a lesser price, if he had known them.
In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
In accordance with article 1648 of the Civil Code, this action can be brought within two years of the discovery of the defect.
NOT PARTIAL VALIDITY
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
The fact that one of the parties does not claim a breach with the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver to the obligation in question.
APPLICABLE LAW AND COMPETENT JURISDICTION
Sales of products from Vandatel (Avadiam) are subject to French law.
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the competent court, namely, that of the defendant's domicile (article 42 of the Code of Civil Procedure), that of the actual delivery of the thing or the execution of the service of service (article 46 of the Code of Civil Procedure), or that of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event (article R. 631-3 of the Consumer Code).
"COMPUTING AND FREEDOM"
The information collected by Avadiam during any order from the buyer is necessary for the management of his order by Avadiam and its business partners. In accordance with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978, the buyer has a right of access, rectification, opposition and deletion to the data concerning him with Avadiam.
Through Avadiam, the buyer may receive commercial offers from other organizations or companies, or be informed of Avadiam's offers. If the Purchaser wishes to receive these proposals, he can inform Avadiam by post or by e-mail.
Avadiam reserves the right to place cookies on the computer of visitors to its website.
a cookie does not allow us to identify you. In general, it records information relating to the navigation of your computer on our site (the pages you have consulted, the date and time of the consultation, etc.) that we can read during your subsequent visits. In this case, it contains the information that you have just provided to us. So, on your next visit, you will not need to fill out the form we have proposed again.
We inform you that you can oppose the recording of "cookies" by configuring your browser.
In accordance with L.612-1 of the Consumer Code, the buyer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and Avadiam.
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