PREAMBLE
These "General Terms and Conditions of Sale" apply to legal transactions relating to products marketed by Vertu to its customers in its online store.
DEFINITIONS :
The words or expressions used hereinafter shall have the following meanings: Online store: shall designate the website on which the Products are displayed and sold to customers. Order: shall designate the sales agreement concluded between the customer and the online store. Product information sheet: shall designate all existing information pertaining to a product offered for sale on its online store. Products: shall designate all goods and services offered for sale by Vertu on its online store. Service: shall designate the sale of Products by Vertu to its online store customers. Transaction: shall designate all transactions, secure processing, authorizations and agreements pertaining to the payment of the price of Products ordered by credit card.
ARTICLE 1 – PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which Vertu offers and sells its products to its customers. These General Terms and Conditions of Sale shall prevail over any other terms and conditions contained in any other document, unless otherwise expressly agreed in writing.
ARTICLE 2 – ACKNOWLEDGMENT OF TERMS AND CONDITIONS
When placing an order, the customer acknowledges having read and understood these General Terms and Conditions of Sale and expressly declares that they accept the terms unreservedly. These General Terms and Conditions of Sale govern the contractual relationship between Vertu and its customer, both parties accepting them unreservedly.
ARTICLE 3 – PRODUCTS
The majority of products offered by Vertu to its customers are available immediately. However, not all products marketed by Vertu may or may not be available for sale online.
ARTICLE 4 – ORDER
Automatic registration systems shall be considered as proof of type, content and date of the Order. Vertu shall confirm to the customer that the order has been accepted by sending a confirmation e-mail to the e-mail address provided by the customer. The sale shall be completed only after sending the said order confirmation. Vertu reserves the right to refuse or cancel any order placed by a customer, in particular in the event of the insolvency of such customer or in the event of non-payment of the Order concerned or a previous delivery or of a dispute relating to the payment of a previous order. The information provided by the customer, when filling in the information related to their order, shall be binding on the customer. Vertu shall not be liable for any inaccurate details provided by the customer concerning the recipient of the order (delivery address, billing address) and for any delays in delivery or failure to deliver the products ordered which may result from such errors.
ARTICLE 5 – DELIVERY
After confirming the order and subject to full payment of the price of the products ordered, Vertu undertakes to dispatch the products ordered to the delivery address of the customer within the time period specified at the time of selection of the shipping method for the order, unless otherwise agreed. All Products specified in orders placed with Vertu are intended for the personal use of the customers or recipients listed in the delivery address. Where applicable, the client undertakes to pay upon receipt, all current and future taxes, duties, levies and other charges due in respect of the delivery of the said products themselves; in no circumstances shall Vertu be held jointly and severally liable in this respect. Customers or recipients of the products are prohibited to resell all or part of the products. Delivery shall be made by Post with tracking, Colissimo, Lettre Max or by any other courier at our convenience. Our delivery rates are available in the footer of our website by clicking on "Delivery". In the event of a delay in delivery exceeding seven (7) days, the customer may, if desired, and except in cases of force majeure, terminate the sales agreement by sending a registered letter with a request for acknowledgment of receipt. However, this right must be exercised within sixty (60) business days from the delivery date initially provided for in the agreement. Upon receipt of the products ordered, the customer or recipient must verify the proper functioning of the goods delivered and take note of its conditions of use as stated in the instructions provided. In the event that one or more of the Products ordered are missing or damaged, the customer or recipient must notify the carrier of such damage or missing items at the time of delivery. In case of apparent defects, the customer shall have the right to return the goods in accordance with the conditions specified in the instructions for use. In the event that an order is placed and the product(s) ordered are not available, the Product(s) ordered may be shipped to the client in successive shipments. If the customer would like the ordered products to be delivered to two different addresses, the customer must place two separate orders.
ARTICLE 6 – WITHDRAWAL
The customer has 7 days from receipt of the Products to return them to Vertu for an exchange or refund. In such cases, the customer must return the products in new and undamaged condition, together with any accessories, instructions for use and documentation. In the event that the right of withdrawal is exercised, Vertu undertakes to refund the sums paid by the customer, at no charge, with the exception of the cost of return. The refund shall be payable within a maximum of 30 days.
ARTICLE 7 – PRICE
Price is expressed in euro. The price indicated on the product information sheets does not include the costs of transport. The price indicated in the Order confirmation is the final price including all taxes and including VAT. This price includes the price of products, handling, packaging and storage of products, transportation and commissioning costs.
ARTICLE 8 – PAYMENT
The price invoiced to the customer is the price indicated on the order confirmation sent by Vertu. The price of the products is payable in full using one of the payment methods offered on the site on the day of the order. The order validated by the customer shall be regarded as effective only when the secure banking payment center has authorized the transaction and, if applicable, upon acceptance of the risk by the insurer.
ARTICLE 9 – GOVERNING LAW
These General Terms and Conditions of Sale are governed by the French law.
ARTICLE 10 – LIABILITY
Vertu shall not be liable for any damages of any kind, either material or immaterial or physical, which may result from improper functioning or use of the products sold. In any event, Vertu's liability shall be limited to the amount of the order. In case of difficulties in applying this contract, the customer reserves the possibility, before any legal action, to seek an amicable solution. Failing that, for professional customers, the Commercial Court of PARIS has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 – GUARANTEE
In any case HAMPLAB cannot be held liable for non-compliance with the laws and regulations in force in the recipient country. Vertu's liability shall be systematically limited to the value of the products held liable at the date of sale, without any possibility of recourse to the brand name or product manufacturer. The customer may contact Customer Service by phone (indicated in the header of the website) or by email at the contact address. Response within 48 hours.
ARTICLE 12 – LEGAL NOTICE
Personal information collected for the purposes of remote sales is mandatory, as this information is essential to process and deliver orders, to draw up invoices and warranty agreements. Failure to provide such information shall result in the non-validation of the Sales Order. In accordance with the French law on "Data Processing, Data Files and Individual Liberties", the processing of personal data relating to the customer is subject to a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL). The customer has the right to access, modify, rectify and delete data concerning themselves (Article 34 of the Law of January 6, 1978), which they can exercise with Vertu. Moreover, Vertu shall not disclose, gratuitously or in exchange for payment, any of its customers' contact details to any third party.
WHAT TYPE OF PERSONAL DATA DO WE COLLECT? AND WHY?
Vertu places great importance on your privacy and the protection of your data. We are committed to providing you with the best possible products and services. As we value our current and future customers, we ensure that your personal data (hereinafter referred to as "Data") is adequately protected. This policy applies to platforms that contain a link which directs you to this policy. Vertu has implemented a robust data protection program, which includes adhering to strict data protection principles that are outlined in governing laws around the world, and in particular: A. establishing a Data Protection Office and a network of local data protection officers. B. adopting internal policies and procedures to ensure compliance with applicable data protection laws and regulations. C. implementing appropriate technical and organizational measures to apply data protection principles.
Information processed via cookies ("Cookie Data"):
We use cookies and similar technologies in operating our Platforms. The processing of your Data based on cookies is subject to the provisions of Section 9 here below.
Third Party Information to combat counterfeiting (Anti-Counterfeiting Data"):
In order to combat counterfeiting and infringement, Vertu has implemented automatic processes to collect information on companies or individuals who are committing or are likely to commit any act that infringes on our rights. We collect the following anti-counterfeiting data: – identification information – postal address – information on any electronic means used for counterfeiting activities– judicial information relating to proceedings. In addition, Vertu may periodically conduct verification on social networks or other similar online platforms to identify any unauthorized sales of Vertu products. Some Data is collected from public sources. (such as third party websites). Personal information collected for the purposes of remote sales is mandatory, as this information is essential for the processing and delivery of orders, drawing up invoices and warranty agreements. Failure to provide such information shall result in the non-validation of the Order. In accordance with the French law on "Data Processing, Data Files and Individual Liberties", the processing of personal data relating to the customer is subject to a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL). The customer shall have the right to access, modify, rectify and delete data concerning them (Article 34 of the Law of January 6, 1978), which they may exercise with Vertu. Moreover, Vertu shall not disclose, gratuitously or in exchange for payment, any of its customers' contact details to any third party.