Terms of Sales
Last updated October 7, 2020.
Sign: B REFLECTIVE
Company: VFACTORY SAS
In accordance with article L441-6 of the commercial code and article L111-1 of the consumer code.
Article 1: APPLICATION OF THE CONDITIONS
The Seller is defined below as the SAS with company name: VFACTORY ("VFACTORY") and trade name / trade name: B REFLECTIVE which provides website functionalities and other products and services when you visit or buy on the website https://b-reflective.com (the "website").
The Buyer is defined below as being any natural or legal person, company, business, association, individuals using the signatory website and accepting these general conditions of sale. The general conditions of sale apply exclusively to all sales concluded by VFACTORY both for its own account and for that of its principals. All other conditions only bind the Seller after written confirmation from him. The information given on the website for catalogues, photographs, price lists, notes, etc. are given for information only and may, as such, be modified by the Seller without notice. The mere fact of placing an order or accepting an offer from the Seller implies the unreserved acceptance of these general conditions of sale. These general conditions of sale may be modified at any time and without notice by VFACTORY, the modifications then being applicable to all subsequent orders. The Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten or electronic signature of this document, insofar as the Buyer wishes to order the products presented on the website. . The Buyer is deemed to accept without reservation all the provisions provided for in these general conditions of sale.
Our general conditions of sale are governed by French law. The purchase of an article, from a third country, does not engage the responsibility of VFACTORY in the event of possible non-compliance with the legislation of the said country.
Article 2: ORDERS2-1: DESCRIPTION OF PRODUCTS
The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The information and photographs on the products do not enter into the contractual field. If errors are introduced, in no case the responsibility of VFACTORY can not be engaged. Our suppliers may change the technical composition of the products without notice. VFACTORY is at any time entitled to update, improve its data sheets or withdraw its products and/or peripheral products from sale.
2-2: AVAILABILITY OF PRODUCTS
Offers are valid within the limits of available stocks from our suppliers. In the event of an estimate, the offer will remain valid for seven clear days unless otherwise stipulated on it. In case of unavailability of a product ordered, VFACTORY can provide a product of equivalent quality and price. Our offers are valid subject to availability from our suppliers. We undertake to inform you by email within eight clear days and to indicate a waiting period for receipt of this product in the event of availability after placing your order. In case of partial unavailability of products, VFACTORY may be required to split the order. Thus the available products can be sent when all the other products are available. In case of unavailability of a product ordered, in particular because of our suppliers, the Buyer will be informed as soon as possible and will have the possibility of canceling his order. The Buyer will then have the choice either to request reimbursement of the sums paid within 30 days at the latest of their payment, or to wait for the availability and delivery of the products.
2-3: STEPS TO CONCLUDE THE ORDER
During the first order on the website, any new Buyer must create a “customer account”. An identifier or “login” and a password of at least six alphanumeric characters will be requested. During each order validation, you will be directed to your account via a secure connection recalling the content of your order. Your order will only be definitively recorded after providing the various information and final validation. When you save the order by selecting a method of payment, the sale is deemed concluded. The validation of the Buyer under the order constitutes an electronic signature which has the value, between the parties, of a handwritten signature. Law n° 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to the electronic signature, article 1316-1 of the civil code, relating to the electronic signature. VFACTORY reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order.
Professionals in reseller access: A reseller space exists, access to which is subject to validation. VFACTORY reserves the right to accept or refuse access to any natural or legal person. Access is reserved for natural or legal persons having and communicating to VFACTORY their SIRET number and having the objective of reselling the products to their own customers.
2-4: CANCELLATION OF THE ORDER
The order placed on our website may be canceled if payment is not received within 8 clear days. From the moment the Buyer has validated his order, he is considered to have knowingly accepted and to have adhered without restriction or reservation to these general conditions of sale. The prices, volumes and quantities of the products offered for sale and ordered. The Buyer's order must be confirmed by VFACTORY by sending an email. The sale will only be considered final after this confirmation email has been sent and the full price has been collected. VFACTORY recommends that the Buyer keep this information in a paper or electronic document.
Article 3: PRICE
The prices appearing on the website are indicated in euros (€) or other available currencies, excluding delivery costs and any technical costs which will be indicated before the validation of the order. The prices appearing on your order after its validation and registration are firm and definitive. If the prices drop after your order, we will not be able to compensate you for the difference. If prices increase, we undertake to deliver to you at the price set on the day of the order. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The collection of the entire amount of the order will be made at the time of validation of the order or in the event of payment by bank transfer, upon receipt.
Professionals in reseller access: prices are indicated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. The proposed prices include the discounts and rebates that VFACTORY would have to grant according to the quantities acquired or according to the results.
Article 4: DELIVERY
VFACTORY undertakes to make every effort to deliver orders placed on the site within the indicative deadlines, as soon as the order has been validated by the customer. Delivery will be made to the address indicated by the customer and where the customer agrees to receive the product ordered. In the event of an error in the wording of the contact details, the seller cannot be held responsible for the impossibility in which it could be to deliver the product. The products will be sent to the customer by the method chosen by the latter, when this choice is authorized for the product(s) ordered and during the order phase. Transport costs, if any, are the responsibility of the customer and the amount is indicated on the order summary. Please note that the items ordered travel at the risk and peril of the recipient: upon delivery of the order, the customer must carefully check the condition of the package and make any reservations with the carrier in the event of a missing product or damage. Any delays in delivery do not give the customer the right to cancel the sale, refuse the goods or claim damages. Any claim for non-conformity or missing item on delivery must be sent within 14 days 48 hours of receipt of the order. For this, the customer must contact VFACTORY by email, or registered mail, specifying the reason for return and the invoice number. Under no circumstances may an order be returned without prior agreement from VFACTORY. The possibility of return only concerns products that have not undergone any modification or alteration and must be made in their original packaging.
Delays in delivery attributable to the carrier of the goods cannot give rise to a reimbursement of shipping costs. By express agreement, no case of force majeure preventing delivery can be attributed to VFACTORY. Are considered as cases of force majeure or exceptional events by law the LOCK-OUT, strike, total or partial work stoppage at the seller or at its suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, etc. the Seller is released from all liability upon delivery. The seller will keep the Buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only take place if the Buyer is up to date with his obligations towards the Seller, whatever the cause.
Article 5: COMPLAINTS, GUARANTEES, RETURNS
For any complaint, we invite you to contact us by going to the contact form on our site: FAQ/Contact. You benefit from the provisions of the legal guarantee of non-conformity and hidden defects. The Buyer is expressly informed that VFACTORY is not the producer of the materials presented within the framework of its site, within the meaning of Law L98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the material, VFACTORY disclaims all liability. The goods that we market as a reseller / processor follow the manufacturer's warranty system that we undertake to respect after the latter's agreement. The fact of a complaint in no way releases the Buyer from his obligations to pay the invoice within the agreed time. Reimbursement or any credits are established upon receipt of the goods for which the dispute has been duly noted and accepted by VFACTORY. The costs incurred for the return of the goods for any reason whatsoever are the sole responsibility of the Buyer. No postage due returns will be accepted.
With the exception of deliveries in France, we decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery.
We are committed to providing all the care customary in the profession for the implementation of the service offered to the client. Nevertheless, our responsibility cannot be retained in the event of delay or breach of our contractual obligations if the delay or breach is due to a cause beyond our control: fortuitous event or case of force majeure as defined by the applicable law. .
Our responsibility will not be engaged in case of delay due to a shortage of stock at the supplier. In addition, our responsibility will not be engaged in the event of minor differences between the presentation photos of the articles and the texts displayed on the website, and the products delivered.
We implement all the means at our disposal to ensure the services covered by these General Conditions of Sale. We are responsible for any direct and foreseeable damage at the time of the use of the Website or the conclusion of the sales contract between you and us. In the context of our relationships with professionals, we will not incur any liability for loss of profits, commercial loss, loss of data or loss of profit or any other indirect damage or which was not foreseeable at the time of use. of the Website or the conclusion of the sales contract between you and us.
The limitation of liability referred to above is inapplicable in the event of fraud or gross negligence on our part, in the event of bodily injury or liability for defective products, in the event of eviction and in the event of non-compliance (including due to hidden defects).
Article 6: MARKING, DRAWING, PERSONALIZATION
VFACTORY declines all responsibility for the use of the delivered products. The logos of brands other than those belonging to VFACTORY present on this site are in no way the property of VFACTORY. They are often protected by copyright and the use of these logos assumes that the owner authorizes you to do so. The use of these logos without authorization is under your entire responsibility. VFACTORY reserves the right to refuse any order it deems contrary to the texts and laws in force in France concerning the protection of the image of natural and legal persons. When, for a reason related to the content, VFACTORY has refused an order, VFACTORY undertakes to notify the customer concerned by e-mail. VFACTORY declines all responsibility for the documents entrusted to it, in the event of loss, theft or deterioration for any reason whatsoever. The buyer, by the simple fact of ordering, undertakes never to send originals and to send only copies. VFACTORY will make every effort to return any document provided by the customer to the billing address. Regarding the colors of the markings, we specify that these may vary depending on the supports and the marking technique used. The preparation of the texts, drawings will be invoiced to you on the basis in force on the day of the order by different texts or drawings. This invoicing is for each order or order renewal. This amount is fixed regardless of the number of references ordered, with the same marking. Before the final printing of the products ordered, a "good for printing" will be submitted to you for acceptance. Acceptance of this “good for printing” releases us from all responsibility, it allows us to check the texts and drawings before the final printing. We disclaim all responsibility for the ownership of the markings that we reproduce on behalf of the Buyer. It is therefore up to him to carry out the necessary prior art searches in order to ensure this.
Companies and brands: if you want your logo to no longer be available on this site, contact us via the contact form.
Article 7: 14-DAY RIGHT OF WITHDRAWAL, RESERVED FOR INDIVIDUALS
Unless one of the exceptions listed below is applicable, you may withdraw from your order without giving any reason within 14 days running from the date on which you, or a third party designated by you (other than the carrier), will have taken physical possession of the products purchased or will have entered into the sales contract in the case of a service.
The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization which can be obtained via the chat module on the site.
EFFECTS OF WITHDRAWAL
We will refund all payments we have received from you, including standard delivery costs (the cheapest delivery we offer) no later than 14 days from receipt of your withdrawal request. We will use the same means of payment as you used when placing your initial order, unless you expressly agree to a different means. In any event, this reimbursement will not incur any additional costs for you. We may withhold reimbursement until we have received the product(s) or until you have provided proof of shipment of the product(s), whichever date is first of these facts. If the refund occurs after the deadline mentioned above, the amount due to you will be automatically increased.
Please note that you must return the product(s) following the instructions that will have been sent to you, no later than 14 days from the date on which you notified us of your decision to withdraw.
The return of the goods is carried out at your expense, risk and peril. You will be responsible for the depreciation of the value of the product(s) resulting from manipulations (other than those necessary to establish the nature, characteristics and proper functioning of this product(s)). In the event of the exercise of the right of withdrawal, you have the choice to request either the reimbursement of the sums paid, or the exchange of the products. In the case of an exchange, the reshipment will be at your expense.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
the delivery of products which you have unsealed or which are incomplete;
delivery of product(s) that have been made to your specifications or clearly personalized;
the provision of services fully performed by VFACTORY for which you agreed at the time of placing your order that we begin their performance, and waived your right of withdrawal.
Article 8: RETENTION OF OWNERSHIP
Pursuant to Law No. 80-335 of May 12, 1980 relating to the effects of retention of title clauses in sales contracts, the goods that will be delivered and invoiced to the Buyer will remain the property of VFACTORY until full payment has been made. of their price. Failure to pay may result in the claim of the goods by VFACTORY, the restitution being immediate and the goods delivered at the expense, risk and peril of the Buyer. During the period running from delivery to the transfer of ownership, the risks of loss, theft or destruction, as well as the damage that the Buyer could cause remain at his expense. The Buyer undertakes, in the event of a receivership procedure affecting his company, to actively participate in the establishment of an inventory of the goods in his stocks and of which the Seller claims ownership. Failing this, the Seller shall have the option of having the inventory recorded by a bailiff at the Buyer's expense. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is up to the Buyer to transfer the debt to us and if settlements on these debts are made, they must be sent to us upon receipt. To guarantee payments not yet made and in particular the balance of the account of the Buyer in the writings of the seller, it is expressly stipulated that the right relating to the goods delivered but unpaid will refer to the identical goods from the Seller in stock at the 'Buyer, without the need to allocate payments to a specific sale or delivery.
Article 9: CANCELLATION CLAUSE
In the event of non-compliance with one of the Buyer's obligations by the latter, the sale may be terminated automatically and the goods returned to the Seller if it sees fit, without prejudice to any damages that the Seller may enforce against the Buyer, within 48 hours after the formal notice has remained without effect. In this case, the Seller is authorized to claim from the Buyer a fixed compensation of 10% of the amount of the sale.
Article 10: PAYMENT
Any payment paid to VFACTORY cannot be considered as a deposit or a deposit.
10.1: PAYMENT METHODS
Payments must be made in such a way that the Seller can dispose of the sums on the due date appearing on the invoice. Payment is made, except for special stipulations on the website or granted to companies after study of their file, when ordering:
By credit card (with a validity of at least one month for a cash payment and six months in the event of split payment). Banking information is entered via a secure server to guarantee the security and confidentiality of the information provided during the banking transaction.
By bank transfer, to the details given to you. The costs being borne by the Buyer. VFACTORY reserves the right to ask you for a cashier's check in the event that the sums involved are significant. In the event that the Seller accepts payment by draft, the Buyer must return it accepted and domiciled within eight clear days. The costs are the responsibility of the Buyer, in the absence of return of the accepted draft within the period mentioned, the payment will become immediately due.
10.2: LATE PAYMENT
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay the company VFACTORY a late payment penalty equal to five times the legal interest rate. The rate of legal interest retained is that in force on the day of delivery of the goods. This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary. In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the company VFACTORY.
10.3: SUPPORTING DOCUMENTS
For reasons of fraud limitations, VFACTORY reserves the right to accept an order to ask you to justify your identity and place of residence, and the means of payment used. In this case, your order will be processed upon receipt of these documents. We reserve the right to cancel your order in the absence of receipt of these supporting documents or receipt of supporting documents deemed non-compliant.
Article 11: INTELLECTUAL PROPERTY
All elements of the website, whether visual or sound, texts, illustrations, photographs, documents and other elements, are protected by copyright, trademarks and patents. They are the exclusive property of VFACTORY. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited without the prior written consent of VFACTORY. Any reproduction, even partial, of the elements of the VFACTORY site without our written consent is prohibited, in accordance with law n ° 57-298 of March 11, 1957 on literary and artistic property and modified by LAW n ° 2009- 669 of June 12, 2009 - art. 21 of the Intellectual Property Code. Except in the cases provided for by article L122-5 of the said code and would constitute an infringement punishable by the Penal Code.
Article 12: RESPONSIBILITY
VFACTORY cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The responsibility of VFACTORY will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products.
VFACTORY disclaims all liability in the event of violation or withdrawal of driving license points relating to the use or misuse of one of its products.
VFACTORY disclaims all liability in the event of an accident, responsible or not, for any cause including or not a lack of visibility of the user.
Finally, VFACTORY disclaims all responsibility for any damage to equipment that may result from the use of its products, stickers or others, users being fully aware of this risk.
Article 13: IT AND FREEDOMS
The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders and the establishment of invoices. The lack of information leads to the non-validation of the order. In accordance with the Data Protection Act, the processing of personal information relating to VFACTORY customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). This information may also be communicated to VFACTORY's contractual partner suppliers involved in the execution of this order. Through us, you may receive commercial offers from other partner companies. If you do not wish to receive them, simply contact us on the contact form, to oppose such communication, or to exercise your rights with regard to the information concerning you and appearing in the files of VFACTORY. Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, version consolidated on May 14, 2009, you have opposition rights (article 26), access rights (articles 34 to 38) and rights of rectification (article 36) of data concerning you. Thus, you can demand that information concerning you be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited. If you wish to use this right, simply write to us by post, at the following address: VFACTORY - 9 rue de la Gare, 67980 HANGENBIETEN, using our contact form.
Article 14: COMPUTER PROBLEMS
The buyer knows the characteristics of the Internet computer network and in particular the possibility of connection interruption, server failures, electrical or other problems (the list is not exhaustive). VFACTORY cannot be held responsible for the consequences of such events and will be released from any obligation towards the Buyer. No complaint can give right to any indemnity or penalty whatsoever.
Article 15: PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, decree, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 16: APPLICABLE LAW
These general conditions of sale are subject to French law. The application of the Vienna Convention on the international sale of goods is expressly excluded. The registers and computerized files of VFACTORY will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless there is proof to the contrary. All differences relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the French courts. The fact that VFACTORY does not avail itself at a given time of one of the clauses of these general conditions of sale, cannot be considered as a denunciation to avail itself later of these same clauses.
Article 17: JURISDICTION CLAUSE
For any litigation and dispute, whatever the nature or the cause, only the courts of Strasbourg will have jurisdiction, even in the event of summary proceedings, appeals in guarantee or multiple defenders. VFACTORY however reserves the right to seize any other competent court. Acceptances, bills of exchange, mandates, shipping conditions do not bring about novation or derogation from this clause.
THE HEAD OFFICE :
9 station street
Email via the contact form.
SIRET: 814 907 358 00018
NAF Code: 4791B
Intra-community VAT number: FR 46 814 907 358
RCS and RM Strasbourg 814 907 358