General terms and conditions of sale
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by freevibes.us with consumers and non-professional buyers ("Customers or Customer"), wishing to purchase the products offered for sale by the Seller ("Products") on the freevibes.us website. They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the freevibes.us website.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the freevibes.us website are not contractual and do not engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability of stock, as specified when placing the order.
The Vendor's contact details are as follows: 58 rue Jean Duvert, Immeuble le Fiducia, 33290 Blanquefort, France
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the freevibes.us website and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure and the general conditions of use of the freevibes.us website.
These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is that in force on the website at the date of placing the order. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose all of his personal data at any time by writing, by mail and by proving his identity, to :
58 rue Jean Duvert, Immeuble le Fiducia, 33290 Blanquefort, France
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the freevibes.us website.
The Products presented on the website freevibes.us are offered for sale in the following territories: United States, Canada, Australia, United Kingdom, France, Germany, Spain, Italy, Belgium, Switzerland
The Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
Changes to these Terms and Conditions of Sale are binding on users of the freevibes.us website from the moment they are put online and cannot apply to transactions concluded previously.
ARTICLE 2 - Orders
It is up to the Customer to select on the freevibes.us website the Products he wishes to order, according to the following terms and conditions:
Add the item to his basket, enter his details and proceed to payment.
Contractual information is presented in English and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale shall not be considered final until the Customer has received confirmation of acceptance of the order by the Seller by e-mail, and after the Seller has received the full price.
For orders placed exclusively on the Internet, the registration of an order on the Provider's website is made when the Customer accepts these Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming its acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any error.
Any order placed on the website freevibes.us constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer can follow the progress of his order on the freevibes.us website.
If orders are limited
The Seller does not intend to sell the Products on the freevibes.us website to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 8 identical items.
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 1 day before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of retraction or force majeure, a sum corresponding to 100% of the total amount of the purchase shall be acquired by the Seller and invoiced to the Customer as damages and interest, as compensation for the loss thus suffered.
ARTICLE 3 - Rates
The Products are supplied at the prices in force on the freevibes.us website, at the time the order is recorded by the Seller. Prices are expressed in USD, CAD, AUD, GBP.
The prices take into account any discounts that may be granted by the Seller on the freevibes.us website.
These prices are firm and non-revisable during their period of validity, as indicated on the freevibes.us website, the Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the freevibes.us website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Possible specific orders from the Customer may be considered. If necessary, they will be subject to a quote previously accepted by the Customer. Estimates drawn up by the Seller are valid for a period of 1 month from their date of establishment.
An invoice is drawn up by the Seller and given to the Customer upon receipt of payment.
ARTICLE 4 - Terms of payment
The price is payable cash, in full on the day the order is placed by the Customer, by means of secure payment, according to the following terms and conditions:
by credit cards: Visa, MasterCard, American Express, other credit cards
The payment data are exchanged in encrypted mode thanks to the SSL protocol.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in United States, Canada, Australia, United Kingdom, France, Germany, Spain, Italy, Belgium, Switzerland within a shipping time indicated on the Product sheet to which is added the processing time and delivery to the address indicated by the Customer when ordering on the freevibes.us website.
The delivery consists of the transfer to the Customer of the physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
However, these deadlines are communicated for information purposes only.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set forth in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
ARTICLE 6 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of delivery of said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
ARTICLE 7 - Right of retraction
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise its right of withdrawal from the Seller, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 30 days of notifying the Seller of the Customer's decision to withdraw from the contract.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted. The right of withdrawal can be exercised online, using the withdrawal form available on the freevibes.us website, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the willingness to withdraw.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs are borne by the Customer.
The exchange (subject to availability) or refund will be made within 10 days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this article.
ARTICLE 8 - Responsibility of the Seller - Warranty
The Products sold on the freevibes.us website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions: the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order, the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the Products delivered and making them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that in the context of the legal guarantee of conformity, the Customer: - has a period of two years from the delivery of the goods to take action against the Seller; - may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code; - is exempt from having to provide proof of the existence of the Product's lack of conformity during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the existence of hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller shall reimburse, replace or repair Products or parts under warranty that are deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return shipping costs will be reimbursed upon presentation of supporting documents.
Reimbursement of Products deemed to be non-conforming or defective will be made as soon as possible and no later than 10 days following the Seller's discovery of the non-conformity or latent defect.
Reimbursement shall be made by crediting the Customer's bank account or by bank check sent to the Customer.
The Seller shall not be held liable in the following cases: failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 - Data Processing and Liberties
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller in charge of the execution, processing, management and payment of orders.
The processing of information communicated through the freevibes.us website has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, correction and opposition regarding the information concerning him.
This right can be exercised under the conditions and according to the terms and conditions defined on the website freevibes.us.
ARTICLE 10 - Intellectual property
The content of the freevibes.us website is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.
In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the Customer's request) for the purpose of providing the Services to the Customer.
The Customer shall therefore refrain from any reproduction or use of said studies, drawings, models, models and prototypes, etc., without the Vendor's express, prior written authorization, which may be subject to a financial consideration.
ARTICLE 11 - Unpredictability
The Parties have agreed, within the framework of the provisions of Article 1195 of the Civil Code, that a change in the economic, material or financial circumstances surrounding the conclusion of a transaction for the sale of the Seller's products subject to these General Terms and Conditions of Sale and resulting in an increase in the price shall be fully assumed by the Customer even if these risks would make the performance of its obligations excessively onerous for the Customer, all other risks being assumed by the other Party.
However, if the change of circumstances unforeseeable at the time of the conclusion of the contract is definitive or lasts more than one month, the present contract will be purely and simply resolved according to the terms defined in the article "Resolution for Unforeseeability".
ARTICLE 12 - Compulsory execution in kind
In the event of a default by either Party in the performance of its obligations, the Party in default shall have the right to request the compulsory performance in kind of its obligations hereunder. Notwithstanding the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue such forced performance after a simple formal notice, addressed to the debtor of the obligation by registered letter with acknowledgement of receipt, has remained unsuccessful, whatever the circumstances and even if there is a manifest disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that in the event of failure by either Party to perform its obligations, the Party which is the victim of the default may, in accordance with the provisions of Article 1222 of the Civil Code, 10 days after the sending of a formal notice to perform which has remained unsuccessful, have the obligation itself performed by a third party, at the defaulting Party's expense, provided that the cost is reasonable and in accordance with market practice, without the need for judicial authorization, it being understood that the defaulting Party may also, at its option, request in court that the defaulting Party advance the sums necessary for such enforcement.
ARTICLE 13 - Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its obligation and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic equilibrium. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the default notification sent to it for this purpose by the Party suffering from the default indicating the intention to apply the plea of non-performance as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
This plea of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of such non-performance are sufficiently serious for the Party that is the victim of the default.
This option is used at the risk and peril of the Party taking the initiative.
Suspension of performance shall take effect immediately upon receipt by the Party presumed to be in default of notification of the intention to apply the plea of preventive non-performance until the Party presumed to be in default has performed the obligation in respect of which a future default is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium capable of providing proof of dispatch.
If the impediment is definitive or continues beyond 30 days, the present agreement shall be purely and simply resolved in accordance with the terms and conditions set out in the article Resolution for failure of a Party to meet its obligations.
ARTICLE 14 - Force majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
The party observing the event shall immediately inform the other party of its inability to perform and justify its inability to perform to the latter. The suspension of the obligations can in no case be a cause of responsibility for non-performance of the obligation in question, nor induce the payment of damages or late penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the present contract will be purely and simply resolved according to the terms defined in the article "Resolution for force majeure".
During this suspension, the parties agree that the costs generated by the situation will be borne by the party prevented.
ARTICLE 15 - Resolution of the contract
15-1- Resolution for contingency
Rescission for impossibility of performance of an obligation that has become excessively onerous may, notwithstanding the clause Rescission for failure of a party to fulfil its obligations set out below, only take place 10 days after the sending of a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.
15-2 - Resolution for non-performance of a sufficiently serious obligation
The Party that is the victim of the default may, notwithstanding the clause Resolution for failure of a Party to comply with its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the defaulting Party by registered letter with acknowledgement of receipt, of the faulty resolution of the present agreement, 10 days after the sending of a formal notice to perform that has remained unsuccessful, in application of the provisions of Article 1224 of the Civil Code.
15-3 - Resolution for force majeure
It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality.
15-4 - Provisions common to cases of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement shall be validly put in default by the mere exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
Since the services exchanged between the Parties from the conclusion of the contract until its termination can only be useful if they are fully performed, they shall be fully refunded.
ARTICLE 16 - Applicable law - Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present General Terms and Conditions of Sale are written in English.
ARTICLE 17 - Disputes
All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that he may in any event resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectoral mediation bodies, whose references are listed on the freevibes.us website, or to any alternative means of dispute resolution (e.g. conciliation) in the event of a dispute.
ARTICLE 18 - Pre-contractual information - Acceptance by the Customer
The fact for a natural person (or legal entity) to order on the freevibes.us website implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.