2. Acceptance of the conditions
The customer acknowledges having read, at the time of placing the order, the specific conditions of sale stated on this screen and expressly declares to accept them without reservation. These general conditions of sale govern the contractual relations between VIOLN and its customer, both parties accepting them without reservation. These general conditions of sale will prevail over any other conditions appearing in any other document, unless prior, express or written waiver. We are free to modify these GTC at any time. In the event of modification, the GTC that are applicable to the order are those that were online and that the customer accepted on the day the order was transmitted. In the event of disagreement with the terms and conditions of the GTC, the customer must not use the site and place a
3. Definitions
“Customer” means the Professional or Consumer who has placed an Order for a Product sold on the Website; “Order” means any order placed by the User registered on this Site; “General Conditions of Sale and Use” or “GCS/CGU” means these general conditions of use and online sale; “Consumer” means the buyer who is a natural person who is not acting for professional needs and/or outside of his professional activity; “Products” means the material things that may be appropriated and which are offered for sale on this Site; “Professional” means the buyer who is a legal entity or natural person who is acting within the framework of his professional activity; “Site” means this Site, i.e. www.violn.fr; “VIOLN” means the VIOLN Company, more fully designated in Article I hereof; and “User” means any person who uses the Site.
4. Products and prices
The products are those listed on the “VIOLN” online store website. They are offered while stocks last. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock is non-existent. Our product catalog may change constantly. Each product is accompanied by a description that is as precise as possible. When a registered user wishes to purchase a Product sold by VIOLN through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and takes into account applicable discounts in effect on the day of the Order. The price indicated does not include delivery costs, which will be detailed, if applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote setting out the price calculation formula. Under no circumstances may a User demand the application of discounts no longer in effect on the day of the Order.
5. Registration
Registration on the Site is open to all legal entities or individuals of full age and in full possession of their personalities and legal capacities. Use of the Site is conditional upon the registration of a User. Registration is free. To proceed with registration, the User must fill in all mandatory fields; otherwise, the registration cannot be completed. Users guarantee and declare on their honor that all information communicated on the Site, in particular during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to the latter and available in their account. Every registered User has a username and password. These are strictly personal and confidential and must not under any circumstances be communicated to third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his or her username and password. The Company will not be held responsible for any identity theft of a User. If a User suspects fraud at any time, he/she must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation. Each User, whether a legal entity or a natural person, may only have one account on the Site. In the event of non-compliance with the T&Cs/T&Cs, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User. Deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site before the account is deleted will be executed under normal conditions. In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the T&Cs/T&Cs, the offending User is strictly prohibited from re-registering on the Site directly, via another email address or through an intermediary without the express authorization of the Company.
6. Ordering terms
All orders are placed via the website "www.violn.fr". Confirmation of the order implies acceptance of these terms of sale, acknowledgment of having full knowledge of them and waiver of the right to rely on one's own terms of purchase or other conditions. All data provided and the recorded confirmation will constitute proof of the nature, content and date of the transaction. Confirmation will constitute signature and acceptance of the operations carried out. The sale will only be definitively concluded upon payment of the order. "VIOLN" will only be committed to fulfilling the order after acceptance of the customer's order, confirmed by an email sent to the address that the customer has provided to us. "VIOLN" reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. In the event of an error in the recipient's contact details, "VIOLN" cannot be held responsible for the impossibility of delivering the product. The sale of products presented on the website is reserved for buyers residing in France and abroad, provided that deliveries can be made to the destination country.
Customers can pick up their products free of charge at the "VIOLN" workshop in Guyancourt, Yvelines. To do so, they must validate their cart, make payment, and specify "pick up on site" in the comments. An appointment will be scheduled to collect the product.
7. Payment Terms
Unless otherwise agreed, all sales are paid in cash at the time the Order is placed. Depending on the nature or amount of the Order, VIOLN remains free to require a deposit or payment of the full price when the Order is placed or upon receipt of the invoice. Payment can be made by check, cash, Paypal and/or credit card via a secure connection. In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Customer must pay VIOLN a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation selected is the most recent on the date of the Order for the Services. In addition to late payment penalties, any amount, including the deposit, not paid on its due date by the Professional Customer will automatically result in the payment of a fixed penalty of 40 euros due for recovery costs. In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Customer must pay VIOLN a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the Customer between late payment penalties in the supply of the Products ordered and amounts owed by the Customer to the Company for the purchase of Products offered on the Site. The penalty owed by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
8. Delivery
The Company undertakes to make every material and human effort to ensure the Products are delivered as quickly as possible. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered.
Any delays in delivery do not entitle you to claim damages. In all cases, the product travels at your own risk. Upon receipt of the product, it is the customer's responsibility to check the package. In the event of an anomaly (missing, broken, punctured, open, or damaged product), the customer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
In the event that delivery is impossible due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be borne by the Customer. In addition, VIOLN cannot be held liable for reasons related to exceeding delivery times: during periods of high demand, such as the end-of-year holiday period, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable event beyond its control, for events attributable exclusively to the carrier responsible for delivery. Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site: to the address indicated by the Customer when placing the Order by regular mail or to one of our partner carriers as indicated on the Site.
All our packages are carefully packaged (bubble wrap, newspapers, double cardboard, etc.). In order to save resources for the planet, we use recycled packaging.
8.1 Click & collect
After confirming your order, you can collect your product free of charge directly from the VIOLN workshop in Guyancourt in the 78 department or from a collection point in Boulogne Billancourt in the 92 department (within 2 to 4 working days). Simply specify this when ordering and make an appointment by email at the following address: contact@violn.fr ,
8.2 Delivery by carrier in Paris and throughout France
VIOLN will offer the customer a delivery rate by carrier (via cocolis or private carrier). The customer will obviously be free to accept or not. VIOLN declines all responsibility in the event of damage caused to the goods during transport. However, insurance is taken out with the carriers.
Carriers are not required to deliver inside the home. Delivery is made to the foot of the home (building or house). However, you can request this if necessary when making an appointment. Please respect the day and times of the appointment set with the carrier. The carrier will only be able to come once. In case of problem, please contact the carrier directly as soon as possible (contact details provided when making the appointment) or VIOLN atcontact@violn.fr ,
8.3 Shipping by Colissimo or Mondial Relay
" VIOLN" undertakes to ship all references ordered by the customer within 7 working days for products delivered by Colissimo and Mondial Relay. This period may be given for information purposes by email. Exceeding this period cannot justify the cancellation of your order without our prior agreement. For products shipped outside the European Union, the customer undertakes to pay all taxes due on the importation of products, customs duties, value-added tax, and all other taxes due under the laws of the country where the order is received. All orders placed with "VIOLN" are intended for the personal use of customers. Customers or recipients of the products are prohibited from any partial or total resale of the products. "VIOLN" therefore disclaims any legal liability if the customer does not pay the taxes. Any delays do not entitle the buyer to claim damages. The buyer is delivered to their home or to a relay point.
In case of absence, the buyer or the recipient of the ordered product receives a notice of passage from La Poste or a text message from Mondial Relay to inform him of the arrival of his package, which allows him to collect the ordered products, at the nearest post office or relay point, during a given period. The package will be returned to the sender within 10 days. The buyer is required to check, in the presence of the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event that the buyer has any doubts of any nature whatsoever about the condition or the contents of his package, he is required to apply the Colissimo and Mondial Relay procedure (in particular to report any damage noted, all complaints and reservations) and to refuse the goods by immediately issuing a report of anomaly. The customer is also required to report these incidents to the seller within 48 hours by attaching a copy of the report of anomaly made to La Poste or Mondial Relay.
To collect the Products, a valid identity document will be required. Otherwise, the Products ordered cannot be delivered to the Customer.
9. Complaint
For all Orders placed on this Site, the Customer has a 14-day right of complaint from the delivery of the Product. It is the Customer's responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations made upon delivery, the Products are deemed to comply with the Order. To exercise this right of complaint, the Customer must send to the Company, at the address:contact@violn.fr , a declaration in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs, etc.). A complaint that does not comply with the conditions described above will not be accepted. The Company will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Consumer's right of withdrawal
The Consumer has a 14-day right of withdrawal from the date of placing the Order, except for the products mentioned in Article L.221-28 of the Consumer Code. To exercise this right of withdrawal, the Consumer sends a declaration to the address:contact@violn.fr . The Products must be returned in their original packaging and in perfect condition within 7 days from the notification of withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer. He will be reimbursed for all the costs paid for placing the Order less the delivery costs (sending and return) which remain the responsibility of the customer, within 14 days following the Company's acknowledgement of his declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase.
11. Transfer of risks and ownership
VIOLN retains ownership rights over the Products sold until full payment of the price by the Customer. It may therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain with the Company as compensation. For Professional Customers, the transfer of risks to the Customer occurs upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks occurs upon delivery or upon collection of the goods from the store when the Customer has chosen in-store delivery.
12. Legal guarantees
The items sold are old and even after careful cleaning and examination, may show traces of their past life (for example: impacts, scratches, cracks, etc.). They are sold as is without warranty. Old furniture, including that intended for children, sometimes produced almost a century ago, no longer meets current safety standards and may present risks. Finally, electronic equipment and lighting may no longer meet the safety standards in force in the European Union and their operation is not guaranteed (their condition is always detailed in the product description).
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below: Article L.217-4 of the Consumer Code: “The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. ” Article L.217-5 of the Consumer Code: “The goods conform to the contract: 1° If they are suitable for the use usually expected of a similar good and, where applicable: if they correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or model; if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if they have the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.” Any Product resold altered, modified or transformed is not covered by the guarantee. This is limited to the replacement or reimbursement of non-compliant Products or those affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered. The replacement of Products does not extend the duration of the guarantee.
13. Amendments
VIOLN reserves the right to modify the Site, the T&Cs/T&Cs as well as any delivery procedure or other element constituting the services provided by VIOLN through this Site. When an Order is placed, the User is subject to the stipulations set out in the T&Cs/T&Cs in force at the time the Order is placed.
14. Processing of personal data
Registration on the Site results in the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site. This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right to query, access, rectify, modify and oppose all of his personal data by writing, by mail and providing proof of identity, to the following address:contact@violn.fr . This personal data is necessary for the processing of his Order and the preparation of his invoices where applicable, as well as for the improvement of the Site's functionalities.
15. Sharing of collected data
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to their data to enable the Site to function properly. These third-party companies only have access to the data collected as part of carrying out a specific task. The Site remains responsible for the processing of this data. Furthermore, the User may therefore be required to receive information or commercial offers from the Company or its partners. The User may at any time object to receiving these commercial offers by writing to the Company's address indicated above, or by clicking on the link provided for this purpose in the emails received. Furthermore, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following goals: comply with the law protect any person against serious bodily harm, or even death fight against fraud or attacks on the Company or its users protect the Company's property rights.
16. Data protection
VIOLN ensures a level of security appropriate and proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016. However, these measures do not constitute in any way a guarantee and do not commit the Company to an obligation of result concerning data security.
17. Liability
VIOLN cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to ensure the service is permanently available, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation. As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or for which the fault cannot be attributed to it.
18. Intellectual Property
The trademark, logo, and graphic charter of this Site are trademarks owned exclusively by VIOLN. Any distribution, exploitation, representation, or reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
19. Jurisdiction clause
The law governing these Terms and Conditions is French law. Any dispute that may arise between VIOLN and a User during the execution of these Terms and Conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.
20. Acceptance of the T&Cs/T&Cs
The Customer or User expressly accepts the T&Cs/T&Cs. The Customer declares to be aware of them and waives the right to rely on any other document, in particular its own general terms and conditions of purchase. The Consumer acknowledges having read the information and details provided for in Articles L.111-1 to L.111-7 of the French Consumer Code, and in particular: the essential characteristics of the Product; the price of the Products; the date or time limit within which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone, electronic contact details); information relating to legal and contractual guarantees and their terms of implementation; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (time limit, terms of exercise).