ARTICLE 1 - LEGAL NOTICES
The website available at the URL www.valerievalentine.fr and/or www.valerievalentineparis.com (the Website) is published by V. V. Diffusion (the Company, or V. V. Diffusion), 2 rue du Pas de la Mule, 75003 Paris, France, a French société à responsabilité limitée with a share capital of €10,000, registered in Paris, company number 528 428 882, EU VAT FR85528428832.
The Website Editor is: Mrs Valérie Dassa.
The Company's address for correspondence is 2 rue du Pas de la Mule, 75003 Paris, France.
Any person wishing to contact the V. V. Diffusion customer service may do so:
The V. V. Diffusion advisors are available from Tuesday to Saturday, 11 a.m. to 7 p.m., to answer any questions relating to the Company's products, availability etc.
The Website is hosted by 1&1 Internet SARL, a French société par actions simplifiée with a shared capital of €100,000, registered in Sarreguemines, company number B 431 303 775 – SIRET 431 303 775 000 16, APE Code 6201Z, VAT FR 22 424 761 419. - Director of Publication: Eric THOLOME.
The technical production of the Website is the responsibility of V.V. DIFFUSION – 2, rue du Pas de la Mule – 75003 Paris.
Creation: AART DESIGN
Workshop, portrait photos: Marya Berezowska ; Camille Richez
Packshots : Nocola Gihr ; Olivier Rolfe ; Michel Théodose
ARTICLE 2 - DEFINITIONS
When used in these General Terms of Sale:
GTS means the General Terms of Sale and Use which govern use of the Website and the sale of Products to Clients
Website means the website available at the address www.valerievalentine.fr
Client means any individual aged 18 or over, or otherwise who has received parental permission authorising him to place an order on the Website, who places an order for non-professional purposes
The GTS do not apply to the Company's corporate clients who, if they wish to place an order, should contact the Company directly to receive a quote and a copy of the corresponding general terms of sale.
Order means a purchase made by the Client over the Website in line with the conditions of Article 6 of these GTS
Account means The Account opened by the Client via the Website in order to be able to order Products.
Price means the price including VAT but excluding delivery costs and customs duties, set as per Articles 5 and 7 of these GTS.
Products means the products advertised on the Website and sold by V.V. Diffusion to its Clients
Personal Data means information that can be used to directly or indirectly identify a Client
ARTICLE 3 - SCOPE
These GTS set forth the conditions for accessing and using the Website www.valerievalentineparis.com (the Website), as well as the rights and obligations of V. V. Diffusion and any Client who browses and/or places an Order for Products via the Website (the Parties).
In particular, the GTS describe the procedure for placing an Order and for tracking and delivering Orders.
These GTS apply to and override any other stipulation issued by the Client. Any contractual condition to the contrary put forward by the Client will not, unless specifically accepted in advance by the Company, be enforceable against V. V. Diffusion.
By using the Website, opening a Client Account or placing an order for a Product advertised on the Website, the Client confirms its full agreement with these GTS.
The GTS that apply will be the version in force on the date the Order is placed.
The GTS are published on the Website and may be accessed by the Client at no cost. They are also displayed for the Client prior to confirming an Order, and the Client must confirm having read and agreed to them in full. A paper copy of the GTS will be sent with the invoice when the Order is delivered.
V.V. Diffusion reserves the right to change the GTS at any time. Any changes will take immediate effect and apply to any new Order placed by the Client.
ARTICLE 4 - PRODUCTS
Clients may only purchase Products which are shown on the Website on the day of the Order and which are marked as in stock, subject to availability.
Each Product is identified by a description which includes its features and Price.
V.V. Diffusion will make every effort to ensure the photographs and images displayed on the Website represent the Products available for sale on the Website as faithfully as possible. Every care will be taken to ensure the tint and colour shown in the photographs and images are faithful to the original Products, however, variations may occur in particular due to technical constraints. Such photographs and images can never be a perfect representation of the corresponding item. The photographs and images showing the Products available for sale on the Website are not contractually binding. V.V. Diffusion will not accept liability for any error or omission.
Only once the Client has received written confirmation of the Order from the Website will the availability of the Product(s) be guaranteed, subject to the conditions described below.
If a Product ordered by the Client is not available, the Company will send an email to the Client confirming either that a partial delivery of the Order will be made or that the Order will be cancelled, to be decided by the Company. The Client will be reimbursed the necessary amount within no later than thirty (30) days from when the Price of the Order is received by the Company. The Client may choose to receive the reimbursement by bank transfer to the account of its choice or by credit note. The Company will not accept liability for failure by the Client to indicate its choice.
V.V. Diffusion may in no way be held liable for any stock-out or unavailability of the Products.
ARTICLE 5 - PRICE
5.1. Product Price
The Price will be the figure stated on the Website when the Order is placed and in the Order summary displayed prior to final confirmation, subject to the conditions described below.
Prices may be changed on the Website at any time without notice. V.V Diffusion also reserves the right to conduct promotions and/or reduce prices compared to a Product's list price.
The Prices of the Products offered for sale on the Website are stated inclusive of all taxes but exclude any customs duties and the cost of processing and delivering the ordered items; the Client will be informed of these additional costs before the Order is confirmed. VAT will be applied at the rate in force in France on the date the Client places the Order.
5.2 Payment and billing
The Client must pay for the Order using a bank card (CB, Visa, Visa Electron, MasterCard, Maestro, Paylib, PayPal) via the secure platform provided by Societe Generale and its on-line payment solution, Sogenactif. This solution uses the secure technical feature 3D Secure. None of the Client's bank details will be processed by the Website. Only Societe Generale will have access to the Client's confidential information (card number, expiry date etc.) which will not be disclosed to any third party.
An invoice for each Order together with a summary of the Order and a copy of these GTS will be sent to the Client or its authorised agent when the Product is delivered. The Client may download and/or print a copy of the invoice from the Client Account.
ARTICLE 6 - ORDERS
6.1 Product Selection - Shopping Basket
The Client may place an Order for Products on the Website, subject to availability of stock and to the terms of Article 7.1 below, by selecting for each Product the desired quantity and model (if several models are available), then by clicking on the button "Add to Basket".
The Client may place up to a maximum of 20 identical Products, or 50 Products in total, in the shopping basket; the contents of the basket may subsequently be edited and will be available for 45 minutes after the last item is added. If the Client closes the browser, the basket will automatically empty.
The Client may see what Products have been added to the basket by clicking on the corresponding symbol, delete items or make changes, and then either continue adding more Products or place the Order by clicking on the button "Order Now".
6.2. Client identification
6.2.1 Client Account
Before placing an Order for Products on the Website, the Client must open a Client Account.
The Client Account is free to open and carries no obligation to buy a Product; the Client must pay for all internet connection charges.
Each Client may only create one single Account, which can be accessed and edited via the "My Account" section of the Website.
In order to create a Client Account, the new Client must enter the information required and accurately fill out the form, in particular with their identification details including a valid email address and password (which must be personal and kept secret) which will be used to access the Account next time.
The password must contain at least 5 characters. The Client agrees to not share this password with any other person. V.V. Diffusion will not accept any liability for unauthorised use, loss or theft of a password.
All fields marked with an asterisk are mandatory to open an Account.
Registration will be confirmed in an email sent to the Client containing instructions on how to activate the Client Account.
All information collected and processed by the Website is information provided voluntarily by the Client via the Website, in particular via the registration forms.
If you use this information for other than its intended purpose, the Website reserves the right to close the Account without notice. You will be solely responsible for the use of your log-in details by a third party and for any actions or declarations made via your Account, and you guarantee to hold the Website harmless from any claims in this regard.
V.V. Diffusion is not able to verify the identity of people who sign up to its services and is therefore not responsible for any identity theft suffered by the Client. If you believe someone is using your account or your identity illegally, you must tell us immediately by sending an email to firstname.lastname@example.org.
Once the Client has opened an Account, he must enter his email address and password before being able to place an Order. This can be done either when first entering the Website or at any point whilst browsing the Website, but no later than when the shopping basket is confirmed by clicking on the "Order Now" button.
The Client can access the Website at any time in order to view his Account and shopping basket, without any obligation to purchase.
The Client agrees that entering these two pieces of information when placing an Order shall serve as proof of identity.
6.3 Order completion
Once the shopping basket has been confirmed and the Client has signed into his Account, a summary of the Order will be displayed, stating:
The Client will be solely responsible for any errors that are not identified and corrected at this stage.
Before proceeding with payment, by confirming the Order the Client is confirming he has read and agreed to the current GTS, which can be viewed via a link included in the Order summary.
By ticking the box "I agree to the General Terms of Sale", the Client confirms he has read and fully accepted the GTS.
He also agrees that the Order must be paid for and, by clicking on the box "I confirm my Order and my obligation to pay", the Order is confirmed.
Validating the Order summary serves as an electronic signature. This signature is as binding on the Parties as a handwritten signature and serves as proof of the correctness of the Order and the obligation to pay the corresponding amount of the Order.
V.V. Diffusion reserves the right to not validate an Order, in particular in the event of:
- an ongoing dispute with the Client;
- non-payment or partial payment by the Client of a previous Order;
- the bank card issuer's refusal to authorise the payment.
In all cases, the Order is not final and the contract of sale not made between the Parties until the payment is complete and all amounts owing have been received.
The payment order made by the Client using a bank card as per Article 5.2 cannot be cancelled. Payment of the Order is therefore irreversible, without prejudice to the Client's right to subsequently withdraw or cancel the Order.
6.4 Order confirmation
Once the Order has been validated and payment received by the Company, a summary of the Order will be displayed on the Client's screen.
V.V. Diffusion will also confirm the Order immediately by sending an email to the email address connected with the Client Account. This email will include all the main details of the sale between the Parties, the address for sending any complaints, the procedure for withdrawing the Order, information about the after-sales service and all applicable warranties.
The details recorded by the Website constitute proof of all transactions between V.V. Diffusion and the Client. If the Parties disagree over a sale made via the Website, the details recorded by the Website shall constitute irrefutable proof of the contents of the transaction.
As per Section L.134-2 of the French Consumer Code and the requirements of French Decree 2005-137 of 16 February 2005, if an Order is placed for a value greater than or equal to €120 including VAT, V.V. Diffusion will keep a written copy of the electronic contract of sale between V.V. Diffusion and the Client until the Products are Delivered and for a further 10 years. The Client may access this document by writing to 2 rue du Pas de la Mule, 75003 Paris, France, enclosing proof of identity.
6.5 Order tracking
Once the Order has been prepared and despatched, a confirmation email will be sent to the Client.
The Client can track the progress of the Order at any time by logging on to the Client Account and clicking on the section "My Orders".
The possible statuses of an Order are:
ARTICLE 7 - DELIVERY
7.1 Regional availability
Products ordered by the Client may only be delivered to the following countries:
France, South Africa, Albania, Germany, Algeria, Andorra, Saudi Arabia, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Belgium, Belarus, Brazil, Bulgaria, Cambodia, Canada, Cape Verde, Chile, Colombia, South Korea, Croatia, Denmark, Egypt, United Arab Emirates, Spain, Estonia, United States Of America, Finland, Greece, Greenland, Guadeloupe, Gibraltar, Hungary, Mauritius, India, Indonesia, Ireland, Iceland, Israel, Italy, Jersey, Jordan, Kazakhstan, Kuwait, Latvia, Lebanon, Lichtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Malta, Morocco, Martinique, Mexico, Mongolia, Panama, Netherlands, Peru, Poland, French Polynesia, Portugal, Qatar, Dominican Republic, Reunion, Romania, United Kingdom, Russia, Senegal, Singapore, St Lucia, Dutch St Maarten, St Barthelme, French St Maarten, St Pierre And Miquelon, Seychelles, Sweden, Switzerland, Ukraine, Czech Republic, Thailand, Tunisia, Turkey, Ukraine, Vatican, Venezuela, Vietnam.
7.2 Delivery costs
Delivery costs will vary depending on the delivery address, and of the delivery option chosen by the customer (web-to-store, standard or express delivery). They will be shown in the Order summary prior to final confirmation.
A guideline to these charges on the date of the Order can be found in the "Delivery Charges" section of the Website.
Since no professional Orders may be placed via the Website, if a Client wishes to place an Order for more than 60 Products, a special request for a quote must be made either via the "Contact" section of the Website or sent to the details stated at the start of the GTS.
7.3 Retention of title
The Products shall remain the property of V.V. Diffusion until the full price of the Order has been received and will not be despatched until V.V. Diffusion has been credited the full amount of the Order.
7.4 Delivery times and transport
Valerie Valentine uses professional carriers to deliver its Products.
Products purchased via the Website will be delivered by either La Poste Colissimo service for the standard delivery, or DHL service for the express delivery. The web-to-store option is to be retreated into the Valerie Valentine shop situated on the 2, rue du Pas de la Mule 75011 Paris. The Client may select one of the different delivery methods offered on the Website.
As per the final paragraph of Article 7.2 GTS, and since La Poste will not process packages weighing over 30 kilograms, Clients must place a new Order for every 30 kilograms of Products. If a single Order exceeds this weight, the Website will display a warning.
The Products ordered by the Client will be prepared and dispatched within 48-72 hours from when payment is received; however, Orders received via the Website on Friday afternoon, Saturday or Sunday (CET) will not be processed until the following Monday. Orders placed via the Website on a French national holiday that falls on a day other than Friday, Saturday or Sunday, which will be processed on the following working day in France.
Delivery time depends on the delivery option chosen and the country of destination :
- 24 to 48 hours for the web-to-store
- 48 to 96 hours for the standard delivery for any delivery in France ; 3 to 5 days for Europe ; 5 to 8 days outside of Europe
- the next day before 12 a.m. via DHL Express in France and Europe ; 3 to 5 days outside of Europe.
If a Product cannot be delivered and is returned to the Company (incorrect address, not collected etc.) either because the recipient is no longer at the address or if the Client has not collected it from the post office branch or collection point by the stated deadline, an email will be sent to the Client confirming the Product has been returned and why. At the Client's request and at its cost, the Website will issue a new Order, using the prices and delivery charges on the date the Website receives the Client's request. If the Client does not send instructions within 12 months from when an Order is returned, it shall be considered to have abandoned the Order and the Products shall be kept by the Company.
Deliveries will be made to the address stated by the Client in the Order, and as confirmed in the Order summary. The default delivery address is the address linked to the Client Account.
Unless stated otherwise before finalising the sale, V.V. Diffusion will deliver all Products ordered on the Website within a maximum of 30 (thirty) working days.
Unless a special request is sent to V.V. Diffusion in writing or by email stating that the delivery date is essential for the Client, V.V. Diffusion will not treat the delivery time as an essential condition of the contract.
Therefore, if the Order is not delivered within 30 working days (and unless a different delivery time was stated in the Order summary before final confirmation), the Client may not cancel the sale on the grounds of late delivery without first asking V.V. Diffusion to make the delivery within an additional reasonable time.
If the Order is not delivered by this new deadline, and except in a circumstance of Force Majeure, the Client may cancel the Order by sending a letter to V.V. Diffusion by recorded delivery. The Order will be cancelled upon receipt by V.V. Diffusion of this letter, unless V.V. Diffusion has in the meantime fulfilled the Order. If the Order is cancelled, V.V. Diffusion will reimburse the Client the full amount paid within 14 (fourteen) days from when the contract was cancelled.
However, if the Client had specifically informed V.V. Diffusion that the delivery time was an essential condition of the sale and the Order was not delivered within 30 working days (and unless a different delivery time was stated in the Order summary before final confirmation), the Client may cancel the Order in the manner stated above, without first allowing V.V. Diffusion to deliver the Order within a new reasonable deadline.
The risk of loss or damage to the Products is transferred to the Client whenever the Client or its authorised agent, other than the carrier offered by V.V. Diffusion, takes physical possession of the Products.
Upon reception of the Order, the Client must check that the Products received match the Order.
Any problem with the Order, such as damaged packaging, missing or damaged Products, must be reported to V.V. Diffusion within 3 (three) working days from receipt:
stating the full name and address of the Client, the order number, delivery slip number and, if applicable, a photo of the incorrect or damaged items.
Claims received more than 3 (three) working days from receipt of the Products will be rejected and V.V. Diffusion will not accept any liability.
If an incorrect or damaged or broken Product has been delivered, the Client may be asked to return the Product in its original box and packaging at the cost of V.V. Diffusion. Upon receipt of the faulty Product, V.V. Diffusion will promptly inspect the Product and if the problem is confirmed, will reimburse the Order within 30 (thirty) days.
Products which are incomplete, damaged, broken, faulty, adapted or soiled at the fault of the Client will not be taken back, reimbursed or exchanged. V.V. Diffusion will not accept any Product if any of the delivery details are missing (full name, address, order number, delivery slip).
ARTICLE 8 - GRACE PERIOD
The Client has 14 (fourteen) working days within which to return a Product, at its own cost and in perfect condition, in its original box and packaging.
The grace period starts from when the Client or its authorised agent, other than the carrier, receives the Product; the date of return will be the shipping date stated on the return package, as confirmed by the La Poste or carrier's postmark/stamp.
The Client must return the Product, enclosing the invoice, the completed return form just like the one in annex or a clear and unambiguous statement confirming its wish to cancel the sale, together with any customs documents, to V.V. Diffusion, 2 rue du Pas de la Mule, 75003, Paris, France.
If the Client complies with these conditions, the price of the returned Product(s) will be reimbursed within fourteen (14) days from when V.V. Diffusion receives the returned Products, together with the standard delivery cost for the Product, excluding any additional charge should the Client have chosen a priority delivery method.
No reimbursement may be made to an expired bank card.
Products which are incomplete, damaged, broken, faulty, adapted or soiled at the fault of the Client will not be taken back, reimbursed or exchanged. V.V. Diffusion will not accept any Product if any of the delivery details are missing (full name, address, order number, delivery slip).
As per Section L.121-21-8(3) of the French Consumer Code, the grace period does not apply if the Product(s) were made to order to the Client's specifications or were clearly personalised.
ARTICLE 9 – GUARANTEES AND LIABILITY
V.V. Diffusion takes the greatest care when designing, making and producing its products and ensures they are of the highest quality.
V.V. Diffusion carefully selects its raw materials and has appointed Swarovski® as its exclusive partner for the supply of crystals’ raw materials.
All leathers are dyed and slight differences in colour may occur.
All Products are made in France.
9.1 Legal warranties
As per Sections 1641 to 1648 and 2232 of the French Civil Code, V.V. Diffusion is liable for any fault in the products it sells, in the conditions set forth in those sections.
As per Sections L.211-4 to L.211-14 of the French Consumer Code, the Client has a legal guarantee of the Product's compliance with the contract, which expires two years from delivery of the Product.
If a Product is non-compliant, the Client may choose for it to be repaired or replaced. However, V.V. Diffusion shall not accept the Client's choice if that choice is clearly and disproportionately more expensive than the other option, given the value of the Product or the extent of the fault. V.V. Diffusion may in these circumstances, and unless unable to do so, apply the option not chosen by the Client.
If the Product cannot be repaired or replaced, the Client may return the Product and receive reimbursement of the price, or retain the Product and receive partial reimbursement of the price, as per Section L.211-10 of the French Consumer Code.
V.V. Diffusion will not accept liability for any damage of any kind, whether material, immaterial or personal injury, resulting from the malfunction or incorrect use of the Products sold.
V.V. Diffusion may however issue a recall for certain Products delivered to the Client. In these circumstances, the Client must make every effort to return the Products, at the cost of V.V. Diffusion.
As a Client, you must have the skills, equipment and software required to use the internet and you acknowledge that the features and constraints of the internet make it impossible to guarantee the security, availability and integrity of any data transmitted on-line.
V.V. Diffusion cannot guarantee a non-interrupted or perfect service. In particular, one-off disruptions due to maintenance, updates or technical improvements or to change the content and/or presentation of the Website may occur and V.V. Diffusion will not accept any liability in this regard.
Likewise, V.V. Diffusion will not accept any liability for malfunction, unavailability or incorrect use of the Website caused by the use of unsuitable equipment, disruptions due to the Client's internet service provider, excessive network traffic and/or any other reason beyond the control of the Website and in particular any Force Majeure.
V.V. Diffusion will not accept liability for any indirect damage, in particular the loss of data (including copies) or records the Client may have made.
In all events and should V.V. Diffusion be found liable, its financial liability vis-a-vis the Client shall be limited to the amount actually received by V.V. Diffusion for the Order in question. However, no liability will be accepted for simple errors or omissions that could have persisted despite taking all reasonable precautions when presenting the Products.
As a Client, you agree without restriction or reserve to not try to disrupt the Website or use any device or software that could affect or attempt to affect its efficient operation.
More generally, you will not:
Failure by a Client to comply with the obligations of the GTS may result in the suspension or closure of his Client Account, without prejudice to any damages and interest that may be claimed by V.V. Diffusion.
In the interests of users, the Website may offer hypertext links to other websites not owned by V.V. Diffusion or not controlled by it. Use of these links is optional and at the sole responsibility of the Client. V.V. Diffusion provides no guarantees as to the content, availability or function of these external sites, and does not endorse any of the advertisements, products or other items featured on these sites or any external resources that may be accessed from them.
In addition, V.V. Diffusion will not accept liability for any alleged or confirmed damage or loss resulting from or in relation to a Client's use of or trust placed in the content, goods or services available from these external sites or sources.
ARTICLE 10 – AFTER-SALES SERVICE
The V.V. Diffusion After-Sales Service can be contacted on working days:
V.V. Diffusion shall attempt to respond to all requests or complaints as soon as possible, and in all events within 15 (fifteen) days.
ARTICLE 11 - PERSONAL DATA
By submitting your personal data through the Website, you specifically authorise V.V. Diffusion to collect, process and host them on the Website in order to fulfil your Order of Product(s).
You declare and guarantee that you have the capacity and right to enter these details, that they are correct and do not infringe any contractual provision of any nature or any third party right.
Unless you state your objection when opening the Client Account or subsequently inform V.V. Diffusion to the contrary at any time, you agree to receive daily, weekly and special offers from the Website by email.
Likewise, and unless you specifically request otherwise, your personal details (address, email and telephone) may be sent to third parties in order to ensure the correct delivery of the Order and/or be shared with commercial partners. The Website's Clients may therefore receive commercial offers from third parties.
You may cancel this service at any time by sending a request by email or post to:
email@example.com or 2 rue du Pas de la mule 75003 Paris, France.
The Website has been registered with the CNIL (French national data protection commission) under number 1794588 v0.
You have the right to access, correct, edit and delete any information held about you by the Website, as per the French Data Protection Law of 6 January 1978, by writing to firstname.lastname@example.org. This right cannot be back-dated.
You know and agree that by using the Website, the following data will be collected automatically: your IP address (the address of your computer), the links from which you accessed the Website, your browser, your operating system and your service provider.
The internet is not completely secure and V.V. Diffusion cannot guarantee that the personal data you choose to provide will not be disclosed, accessible, modified or destroyed due to a technological fault. If you accidentally receive any personal data belonging to another Client, you may not abuse that information in any way, in particular for identity theft, for sending unsolicited marketing emails, spam, chain letters, pyramid schemes or any other form of solicitation, notably the other clients’ data you received accidentally.
The Website may decide to publish on the pages consulted by a Client either its own advertisements or those of other parties, which may be shown and targeted based on the Client's personal profile and order history. Tags may be placed on the pages from which Client accesses the Website in order to improve the relevance of these advertisements. You can disable the use of these tags by changing your browser settings.
ARTICLE 12 - INTELLECTUAL PROPERTY
The Website, every element of the Website and its content are protected by intellectual property rights (copyright, designs and models, trademark etc.).
Each constituent element of the Website (photographs, sound content, static and animated illustrations, text, graphical elements etc.) including the software and databases, are the exclusive property of V.V. Diffusion or are reproduced with the permission of the owners or copyright holders.
The Website and its constituent elements may not be reproduced, represented, published or used in any way whatsoever or in any medium whatsoever without prior permission from V.V. Diffusion.
In addition, no one may:
12.2 Distinctive signs
All marks, logos and other distinctive signs that appear on the Website are the exclusive property of V.V. Diffusion or are reproduced on the Website with the permission of their owners.
Any use of these marks and/or logos or other distinctive signs featuring on the Website in any way whatsoever is therefore strictly prohibited.
12.3 Photographs and represented elements
The models of jewellery and accessories and their component elements represented on the Website are protected by industrial and/or intellectual property rights and as such are the property either of V.V. Diffusion or of a third party who has given V.V. Diffusion permission to use them.
The photographs representing such models are also protected by intellectual property rights.
These photographs as well as the elements and models shown in those photographs may not be reproduced in full or in part or used without prior written permission from V.V. Diffusion.
12.4 Hypertext links to the Website
No hypertext link may be created to the Website, in particular using any of the following techniques:
a. framing, defined as a technique for inserting a page from the Website into another page without leaving that other page;
b. deep-linking, defined as inserting a hypertext link to a secondary page of the Website;
c. in-line linking, defined as a hypertext link for inserting an image from the Website into another page.
V.V. Diffusion reserves the right to request removal of any link to the Website which has not been or is no longer authorised, and to undertake all necessary legal proceedings without prejudice to its right to claim for damages and interests for the prejudice suffered.
ARTICLE 13 – FORCE MAJEURE
V.V. Diffusion will not accept liability for total or partial non-fulfilment of its obligations under these GTS if caused by an event of Force Majeure, in particular due to a total or partial disruption or strike by its delivery, transport and/or communication providers, flood or fire, state of war etc.
ARTICLE 14 – AMIABLE SETTLEMENT FOR CONTENTIONS & APPLICABLE RIGHT
The GTS are ruled by the French law and applied and interpreted within this right.
In case of any contentions, the Client can open a conventional mediation process or any other process to settle disagrements. Following article L.612-1 from the Consumption Code “Any consumer has the right to seek for a consumption mediator for free in order to amiably settle any contention opposing him to a professional.” This rule is to be applied on any contention with a contractual nature, on the execution of a sales contract or services , opposing a consumer to a professional.
In case of any difficulty, we invite you to contact our Consumer Service first (cf. Article 1 – Legal Notices). If you cannot find a solution to your issue, you can use the services of a mediator in a period of a year beginning the reception of your demand to our Customer Service. You can contact the following services :
a) Centre de la Médiation de la Consommation de Conciliateurs de Justice: https://www.cm2c.net/
b) Site Internet de la Commission européenne visant au règlement en ligne des litiges : http://ec.europa.eu/consumers/odr/
ARTICLE 15 - MISCELLANEOUS
15.1 Whole agreement
These GTS, the Order summary and the invoice sent to the Client together form a contract comprising the whole of the agreement between the Parties.
If at any time the Website does not enforce any of the terms of this GTS, it may still do so in the future and such forbearance shall not be construed as waiver of that term.
Likewise, failure to enforce any term or condition of the GTS shall never, regardless of the duration or frequency, be construed as an amendment or deletion of that term or condition.
If any term of these GTS is found null and void, this shall not affect the validity of the other terms of the GTS which shall remain unchanged.
If any term of these GTS is found null and void, deemed unwritten or declared as such in application of a law, a regulation or a final ruling of a competent court of last resort with authority of res judicata, the other terms of these GTS shall retain their effects and scope and shall remain valid.
15.3 Election of domicile
The parties elect domicile at the following addresses:
- For V.V. Diffusion: as stated in Article 1,
- For the Client: as recorded in the Client Account. No change in the Client's personal details will be enforceable unless correctly registered in advance by the Client.
The GTS are written in French and Orders may be placed in French or English; however, the French version of the GTS shall prevail in the event of any conflict between the various language versions or in the event of any difficulty of interpretation or construction.
15.5 Titles and headings
If there is difficulty constructing the heading of any clause in light of the content of that clause, the heading shall be declared non-existent.