GENERAL SALE CONDITIONS
TRAVEL SALE 1ER May 2023
O. GENERAL
The general conditions of sale have been drawn up by the SARL Vent de Voyage with a share capital of €7,500 registered with the RCS: 432 467 777 000 12 and whose registered office is located at 12, rue Broussais, 35400 SAINT MALO France (telephone: + 33 (0)2 99 20 17 91). These general conditions of sale concern the creations of the shop 12, rue Broussais - 35400 SAINT MALO, those of the shop 12 rue Levavasseur-35800 Dinard, as well as the creations presented online on this websitewww.https://ventdevoyage.com/gb/.
1. APPLICATION AND OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE
1.1. Terms of Sales
These general conditions of sale are brought to the attention of each customer to enable him to place an order.
1.2. Customer Agreement
Consequently, the fact of placing an order implies the full and unreserved acceptance of the customer to these general conditions of sale.
1.3. Special conditions
No particular condition, nor other general conditions emanating from the customer can, without express agreement of Vent de Voyage, prevail over these conditions.
1.4. Opposability
Any contrary condition set by the customer will therefore, in the absence of express acceptance, be unenforceable against Vent de Voyage regardless of when it may have been brought to his attention.
1.5. Application of the general conditions of sale
The fact that Vent de Voyage does not take advantage at a given time of any of these general conditions of sale, cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
2. ORDERING AND CONFIRMATION
2.1. Purchase order
The customer agrees to complete the order form accurately and to fill in the various existing sections (address, delivery address, method of payment).
2.2. Order confirmation
Each product request is subject to the acceptance of Vent de Voyage. . Vent de Voyage reserves the right to reject any order due to insufficient stock, incomplete customer information, or for any other legal reason. We undertake to inform you within two (2) working days following your order if we encounter a problem fulfilling your order.
2.3. Right to retract
The customer has a period of thirty (30) days to exercise his right of withdrawal from a contract concluded at a distance without having to justify his decision or to bear any costs other than those provided for in articlesL.221-23 to L.221-25Of the Consumer Code.
In accordance with the legislation in force, the right of withdrawal does not apply to contracts relating to the supply of the following products:
(I) products made according to the customer's specifications, such as personalized products, made-to-measure, and products made with the customer's sail at his request
(II) products liable to deteriorate
(III) the goods used by the Customer for his personal use after handover or delivery, for a use other than that of checking the good condition and operation of the product upon receipt
2.4. Exchange and refund
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt of the customer's request
3. PRICE
3.1 Any tailor-made creation will be the subject of an estimate, taking into account the craftsmanship carried out for the creation, and in particular the additional work requested in relation to a product from the collection Vent de Voyage
3.2. VAT
The prices indicated on the order form are in Euros including VAT, from our workshop in Dinard
French VAT of 20% for goods applies to orders destined for Metropolitan France, Corsica and European Union countries. The general rate can be revised freely by Vent de Voyage. For products sold outside the European Union, the prices displayed are the FOB prices from France (excluding taxes, excluding postage). Customs clearance, payment of various duties or taxes are the responsibility of the customer.
3.3. Shipping cost
Delivery charges are extra. Delivery costs are re-invoiced at cost price, i.e. €8.90 (November 2021 rate), for any order less than €160, delivery in France. Delivery is made via the Colissimo service, with insurance included. For more information on these prices, you can contact us.
Free delivery: In France from 160€ of purchase, excluding orders requested for express delivery.
3.4. Import tax
There is no import tax in European Union countries. For other countries, any taxes and customs duties to be paid are borne by the customer.
4. PAYMENT WITH ORDER
4.1. Payment methods
Payment is made in cash online by credit card or Paypal. This is the reason why there are no discount conditions or late payment penalties. With the exception of a few large corporate accounts authenticated by Vent de Voyage whose order will be paid upon receipt of invoice, a deposit of 50% of the total amount including tax may have been requested by Vent de Voyage. For these orders, an order confirmation will be sent by email and the invoice will be sent to the shipment, also by email.
4.2. Trading currency
The currency used for the transaction is the Euro. The amount, debited from the account of the bank card used, will depend on the rate of the Euro on the day of the debit and any exchange costs levied by the bank issuing the card.
4.3. Shippability Condition
To be registered, the order must be paid in full. Unpaid orders cannot be delivered.
4.4. Payment Security
Online payment is made in euros, either by credit card (Credit Cards, Visa, MasterCard, American Express), or by Paypal. When processing your payment transactions on the site https://ventdevoyage.com/gb/, Crédit Agricole's Up2pay e-Transactions solution complies with DSP2 regulations with systematic authentication requests in 3D Secure V2
The payment process is carried out directly through the security protocol TLS (Transport Layer Security) which allows the encryption of the data provided by the cardholder
Up2pay e-Transactions is certified PCI-DSS compliant.
4.5. Invoices
The invoice corresponding to the order placed is sent in the order dispatch email for orders delivered by COLISSIMO
5. UNAVAILABILITY OF PRODUCTS
The availability of products and services is given on the site as an indication. It only becomes final upon confirmation of the order. It cannot be blamed for Vent de Voyage the unavailability of a product in the delivery, insofar as the customer will have had the information prior to the delivery of his order.
6. DELIVERY OF PRODUCTS
6.1. Preparation and delivery of products
6.1.1. Conditioning
Parcels are prepared and packaged by Vent de Voyage in closed, resistant packaging, appropriate to the content and transport requirements.
6.1.2. Addressee contact
The customer is responsible for the details relating to the name and address of the recipient, which must be precise, exact and complete (door code, floor, telephone, etc.) to allow delivery under normal conditions. Vent de Voyage cannot be held responsible for a return of delivery due to an error of address or an impossibility to deliver to the address indicated. In the event of an error in the wording of the recipient's contact details or in the absence of the recipient, Vent de Voyage cannot be held responsible for the impossibility of delivering the order. Vent de Voyage will contact the customer to organize, according to the customer's wishes, a new order, at the customer's expense, including the shipping costs and the price of the product if it has been returned to the Atelier de Vent de Voyage.
6.1.3. Incorrect addresses
PLEASE NOTE: Orders indicating a PO box address cannot be taken into account.
6.1.4. Delivery
Vent de Voyage, after confirmation of the order, undertakes to process and deliver the order to the agreed destination, according to the route, procedure and COLISSIMO rules. Vent de Voyage insures the goods to the place of delivery, but it is up to the recipient to check the package in the presence of the delivery person. Any anomaly during delivery must be reported on the delivery note. Without compliance with this clause, no refund procedure with the chosen carrier can be initiated.
6.1.5. Absence of the recipient
For deliveries by COLISSIMO: in the event of the absence of the recipient or of a person able to take possession of the products during delivery, the carrier will leave a transit advice note inviting the customer to contact the carrier as soon as possible. Never, Vent de Voyage cannot be held responsible for any deterioration of the products due to their late collection from the carrier.
6.1.6. Preparation of commands
Orders delivered by Chronopost-La Poste are prepared and shipped from our manufacturing workshop (Vent de Voyage – 12 rue Levavasseur - 35800 Dinard) or our shop in St Malo (Vent de Voyage – 3 rue Saint-Thomas – 35400 Saint-Malo).
When the order is shipped, the Customer receives an email informing him of the tracking number of the package. He was thus able to connect to the COLISSIMO website to follow the delivery of his package
COLISSIMO: www.laposte.fr/colissimo
6.1.7. Force majeure
Vent de Voyage cannot be held responsible if the product has not been delivered for the following causes: force majeure as defined by the courts and natural disasters.
6.2. Shipping times and delivery times
6.2.1. Shipping times and delivery date
For a product in stock, the product will be shipped within 72 working hours after the order. Then, take into account a period of about 2 to 3 days to receive the product at the address indicated. In the event of a delay linked to the COLISSIMO service provider, Vent de Voyage cannot be held responsible for any delay. For express delivery, contact the team Vent de Voyage on 33 (0)2 99 20 17 91. The cost of the service will be re-invoiced to the customer.
For a made-to-measure product or a special production, the package will generally be shipped within 2 to 3 weeks, depending on the production schedule of our team of seamstresses. If you have an imperative deadline, let us know and together we will find the best option
Delivery times depend on the destination country and the delivery method
By default, the site of Vent de Voyage offers the earliest delivery date. The customer can choose a later date than the date proposed by the site.
6.2.2.Warranty conditions
The proposed delivery/collection date is guaranteed:
- Except in cases of force majeure,
- Excluding carrier strikes,
- Provided that the delivery address is precise, exact and complete
- Provided that the recipient of the order is present at the time of delivery.
7. TRANSFER OF OWNERSHIP - TRANSFER OF RISK
7.1. Transfer of ownership
The transfer of ownership of the products to the customer only takes effect after full payment of the price by the latter.
7.2. Transfer of risk
Vent de Voyage insures the risks of loss and deterioration of the products until the delivery of the said products to the recipient. The transfer of risks is therefore made from the moment the recipient has acknowledged receipt of the products.
8. COMPLAINTS - DISPUTES
8.1. Complaints and Disputes
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to expose the dispute.
8.2. Delivery compliance
Upon receipt of the products, the customer must ensure that the delivery complies with his order. Any damage must be the subject of specific reservations, dated and signed, on the delivery note.
8.3. Claim period
Any complaint must be made within 15 working days after receipt of the order, to the customer service of Vent de Voyage :
- Or by mail: Vent de Voyage –12, rue Broussais– 35400 Saint Malo
- Either by email via the form located in the "Contact" section.
- Or by telephone from Monday to Saturday from 10:30 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. on + 33 (0)2 99 20 17 91.
8.4. Supporting documents
This complaint must be substantiated and accompanied by proof of the damage suffered (transport note, photo of the package received, etc.). After the analysis and acceptance of the complaint by Vent de Voyage, a commercial gesture (reimbursement of shipping costs, return of the product at the expense of Vent de Voyage, return of the rodui...) will be offered to the customer.
8.5. Disputes
In the event of a dispute, the Customer will first contact VENT DE VOYAGE Customer Service in order to resolve it amicably. If this process fails, the client may use a consumer mediation service. In accordance with the rules applicable to mediation, it is recalled that a consumer dispute must be entrusted in writing to VENT DE VOYAGE Customer Service before any request for mediation.
The disputes for which the request is manifestly unfounded or abusive, or have been previously examined or are being examined by another mediator or by a court, or if the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to VENT DE VOYAGE or if the dispute does not fall within the scope of the mediator's competence, or finally if the consumer does not justify having attempted, beforehand, to resolve his dispute directly with VENT DE VOYAGE by a written complaint according to the methods provided, if necessary, in the contract.
9. RETURNS
9.1. Return period
Any product return must be the subject of a prior formal agreement between Vent de Voyage and the customer and be returned within 3 days of the agreement. After this period, no return can be taken into account.
9.2. Indemnity
Any recovery accepted by Vent de Voyage, in the event of an apparent defect or non-conformity of the products delivered, which will be noted by Vent de Voyage, will allow the customer to obtain the free replacement or the return of a credit note for his benefit, excluding any other compensation or damages.
10. PERSONAL DATA
10.1 Data controller
Vent de Voyage, as data controller, implements the processing of personal data.
10.2 Processing of personal data
In accordance with the law of January 6, 1978 relating to data processing, files and freedoms, and the provisions of European regulation 2016/679 on the protection of personal data, you are informed that Vent de Voyage as data controller implements the processing of personal data whose main purposes are:
- The execution of these T&Cs ;
- Purchasing management ;
- The management and follow-up of your order ;
- The administrative relationship of the contractual relationship,
- Management of commercial and promotional operations and advertising ;
Customer care.
The legal bases of this processing are the necessary character for the execution of a contract, the respect of legal and regulatory obligations, the legitimate interests pursued by the data controller.
10.3. Data used
Concerned about the protection of your privacy, Vent de Voyage treats all information about you with the strictest confidentiality. The personal data used are those requested during your purchases (surname, first name, full address, telephone, e-mail) for quality processing and careful monitoring of your order. This data entered online is saved on a secure server and is immediately encrypted.
10.4. Data recipients
The data is intended for the authorized services of Vent de Voyage as well as to any service providers and subcontractors of the latter and more generally to all third parties with whom Vent de Voyage may maintain commercial or contractual relations.
10.5. The duration of the conversation
Your personal data is kept for variable periods depending on the purpose of their collection:
- Personal data processed for contract management purposes: the entire duration of the contractual relationship, plus the duration of the legal requirements. The limitation period under common law in civil and commercial matters is five (5) years from the end of the contract ;
- Personal data processed for customer prospecting purposes: three (3) years from the end of the contract
- Personal data processed for accounting purposes: the current financial year, plus ten (10) years from the end ;
Personal data processed for the purposes of managing data protection rights: the entire duration of the processing of the request, i.e. one (1) month except for an exception of two (2) additional months, increased by the applicable limitation periods;
When the regulations require it, these deadlines may be longer. In addition, it is specified that in the event of the collection of personal data for several purposes, it will be kept until the end of the longest storage or archiving period.
10.6. Your rights
In accordance with the applicable legislation on the protection of personal data, you have a right of access and rectification, erasure, opposition, a right to the portability of information concerning you, a right to limit processing). To assert these rights, you can contact us:
By email : info@ventdevoyage.com
By mail : Vent de Voyage –12, rue Broussais– 35400 Saint Malo
By telephone: 33 (0)2 99 20 17 91.
You also have the right to define general and specific directives defining the way in which you intend to exercise these rights after your death.
You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (Cnil), the French supervisory authority responsible for compliance with obligations regarding personal data.
10.7. Our homework
We also integrate the Robinson list and its Internet equivalent the e-Robinson list, lists of people who do not wish to receive advertising mail.
11. WARRANTIES
Vent de voyage creations are unique handcrafted products, made from recycled materials, which carry their history. We have cleaned and checked them, it is nevertheless possible that the material bears traces (black spots, rust spots), snags, or traces of wear: these cannot be considered as defects. Thus, the creations are not reproducible identically
In addition, there may be variations between the colors of our products in photos and the colors of actual products: this is due to shooting lighting, weather, and variations in the colors of our materials. recycled. Likewise, this cannot be considered a defect
The details and photos on this website are therefore not contractual
12. PROHIBITIONS
12.1 Prohibition of resale
The customer must under no circumstances resell the products which are intended for his personal use or that of the recipient of his order.
A retail customer must have had resale authorization from Vent de Voyage, and it is strictly forbidden to resell to other resellers or sales professionals, resale platform without the authorization of Vent de Voyage
12.2 Copyright and model protection
Most Vent de voyage creations are filed with the INPI (National Institute for Intellectual Protection). Any reproduction and/or copying is strictly prohibited. Any natural or legal person using one of the creations of Vent de voyage for promotional purposes without the written consent of SARL Vent de voyage will be prosecuted. Any natural or legal person copying, reproducing, or drawing inspiration from a Vent de voyage creation will be prosecuted.