The general terms and conditions of sale detailed below (hereinafter referred to as the “General Terms and Conditions”) govern the contractual relationship between any user of the virvoltan.com site (hereinafter referred to as a “User” or “You”) and the commercial brand VIRVOLTAN, whose head office is located at 2 square La Fontaine 75016 PARIS – France and registered in the Bobigny Trade and Companies Register under number 822 414 900 (hereinafter referred to as “VIRVOLTAN”).
These general terms and conditions of sale are the only ones applicable and replace all other conditions, except in the case of prior, express and written derogation. VIRVOLTAN may occasionally modify some of the provisions of its general terms and conditions, so it is necessary that they be reread before each visit to the virvoltan.com site (hereinafter referred to as the “Site”). These changes are enforceable from the date they are put online (the date of online appearing at the end of these conditions) and can not apply to contracts concluded earlier. Each purchase on the Site is governed by the general conditions applicable at the date of the order. By validating your order, you accept without reservation the General Conditions after having read them. By accessing the Site, you agree to abide by these conditions.
It is specified that the present conditions govern the sale of VIRVOLTAN mobiles and accessories on the Site. These conditions apply to the exclusion of all other conditions, in particular those in force in businesses distributing VIRVOLTAN products.
II. USE OF THE SITE
To use the Site, You must be at least 18 years of age, legally capable of entering into a contract and use this Site in accordance with these Terms and Conditions. You warrant the truthfulness and accuracy of the information provided by you on this Site.
VIRVOLTAN reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.
The products sold on the Site are decorative and luminous mobiles as well as accessories.
The visitor who wishes to purchase one or more products on the Site must comply with the following process:
– The visitor selects the Product(s) he wishes to purchase by clicking on the “Add to Cart” icon. He/she will have to check beforehand the availability of the product and the geographical area of delivery. After checking his selection, he must then validate the choice of the selected Product(s) by clicking on the “order” icon;
– If he is already a Customer of the Site, the visitor will have to check the billing and delivery information he has given during the first order;
– If he is a new customer of the Site, the visitor will have to fill in the form of information of invoicing and delivery and all the obligatory fields indicated by an asterisk (*);
– The shipping costs of the order are then indicated to the Customer. He must click on the “Continue” icon to continue his order;
– The Customer will then have to read and accept the Terms and Conditions before proceeding with the payment. By clicking on the first “Continue” button to place the order and then on the second “Checkout” button to confirm the order, the visitor acknowledges having read, understood and accepted the T&C without limitation or condition; and
– When the order is finalized, VIRVOLTAN confirms the order to the Customer by sending a summary email.
III. PRICES
The prices are indicated in euros, all taxes included, and do not include delivery charges.
Delivery costs are calculated separately and displayed at the time the order is taken.
When the order summary is displayed, the total price will be displayed with the delivery costs.
Only payments in euros are accepted.
In case of delivery to a country other than metropolitan France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable.
These rights and sums are not the responsibility of VIRVOLTAN. They will be at your charge and are your entire responsibility both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
VIRVOLTAN reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the registration of the orders, subject to availability.
The products remain the property of VIRVOLTAN until full payment of the indicated price.
IV. DELIVERY
Deliveries are made to the addresses specified by the Customer when ordering in the following countries: Metropolitan France and DOM-TOM, Germany, Belgium, Netherlands, Luxembourg, United Kingdom, Ireland, Italy, Spain, Portugal, Switzerland, Austria, Denmark, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Greece, Iceland, Finland, Norway, Sweden, Turkey, United States, Canada, Australia, China, Japan, Viet Nam, Russia, Israel.
For any other destination, the Visitor should send an e-mail to VIRVOLTAN who will study the request.
Shipping costs vary according to the country and the delivery method as well as the number and size of the products ordered.
Customers are responsible for receiving the goods on working days (excluding Saturdays, Sundays and public holidays. The delivery address may be different from the Customer’s home address.
The delivery times will be indicated on each sales page of the Products offer. These delivery times are calculated in working days (excluding Saturdays, Sundays and public holidays) from the date of order of the Products concerned.
Despite the precautions taken by VIRVOLTAN, it is possible that delivery times may be longer than those initially indicated, particularly in the case of a stock shortage, supply problems, or unavailability of the Product sold. In this case, VIRVOLTAN undertakes to inform the Customer as soon as possible by e-mail.
VIRVOLTAN cannot be held responsible for any delay in delivery. Nevertheless, the Customer will have the possibility of cancelling the order and receiving a refund if the delivery time announced in the Product sheet has been exceeded for more than seven (7) working days.
V. PAYMENT
The Customer will make his payment by credit card or Paypal. Transactions are debited immediately after the Customer’s payment on the order interface.
VI. RETURNS
Upon receipt of your order, it is your responsibility to open the package to check the condition of the mobiles and/or accessories. If you do not personally receive the package, ask the person in charge of receiving the package to do this verification.
In case of problem, please give your package to the delivery person and mention the problem encountered and contact our customer service the same day by email at: avril.ferrer@virvoltan.com
Do not sign the delivery note if the order arrived damaged. No claim will be accepted if the delivery note is signed.
The reception of the transported objects extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following the day of this reception, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of his motivated protest (art L 133.3 of the Commercial Code).
VII. RIGHT OF WITHDRAWAL
In accordance with the consumer code, you have the right to withdraw and return the products ordered during 14 clear days from the date of delivery of these.
Prior to any return of a product, you must indicate your intention by specifying the order number and the reason for the return to the following address: avril.ferrer@virvoltan.com. Our customer service will indicate the return address and you will then have 10 days to return your order.
Beyond the 10 days, the return request will be considered null and void.
The following are not accepted for return, exchange or refund
– Products returned damaged, incomplete, soiled or without the original packaging,
– products bought in promotion.
The return costs are at your expense.
Also, beyond the 14 days deadline as from the delivery, the goods are neither taken back, nor exchanged, nor refunded.
No COD shipment will be accepted, for whatever reason.
VIRVOLTAN will refund the price of the returned items (excluding any shipping costs) within 30 days of receipt by Virvoltan of the returned product. The amount will be transferred to the account that was used for payment.
VIII. FORCE MAJEURE
In application of article 1148 of the French Civil Code, VIRVOLTAN cannot be held responsible or considered to have committed a fault in the processing of your file, if any delay or non-execution results from a case of force majeure.
IX. PROTECTION OF PERSONAL DATA
The automated processing of personal information has been declared to the Commission Nationale de l’Informatique et des Libertés under the number 1990436.
Depending on your choices when creating or modifying your account, you may receive offers from our company and our partners. If you no longer wish to receive such offers, you can modify these choices in your Customer Account on the Site or by writing to us at the address below.
In accordance with the French law on Information Technology and Civil Liberties of January 6, 1978, you have the right to access, modify, rectify and delete data concerning you. You can exercise this right by sending us a letter to the following address
VIRVOLTAN – Customer Service – 69 rue de Romainville – 93130 NOISY LE SEC – France
X. LIABILITY AND GUARANTEES
VIRVOLTAN makes every effort to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice. However, VIRVOLTAN cannot guarantee the accuracy, precision or exhaustiveness of the information made available on this site.
Consequently, VIRVOLTAN declines all responsibility for any interruption of the site, any occurrence of bugs, any inaccuracy or omission concerning the information available on the site, any damage resulting from a fraudulent intrusion by a third party leading to a modification of the information made available on the site.
This site may contain links to other sites. VIRVOLTAN cannot be held responsible for problems of access or content of these sites.
VIRVOLTAN shall not be liable for any damages arising from the use or inability to use the Site.
VIRVOLTAN shall not be liable for any malfunctioning attributable to software, whether or not incorporated in or provided with the Site.
XI. INTELLECTUAL PROPERTY
VIRVOLTAN is a protected brand registered with the INPI.
The VIRVOLTAN brand and the domain name www.virvoltan.com are the exclusive property of VIRVOLTAN and may not be used without our prior agreement. Any link with other sites without the prior agreement of VIRVOLTAN is strictly prohibited.
All the elements present on the site and the site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property right. By elements, we mean, in a non-exhaustive manner: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software… These elements belong to the company VIRVOLTAN or are used with the agreement of their owners.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, or commercialization, whether partial or complete, by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without the prior written authorization of VIRVOLTAN, except for the exceptions set forth in Article L 122.5 of the Intellectual Property Code, under penalty of constituting an infringement of copyright and/or designs and/or trademarks, punishable by two years’ imprisonment and a fine of 152,449.02€.
XII. SUGGESTIONS AND COMPLAINTS
VIRVOLTAN attaches the greatest importance to the satisfaction of its customers and tries to respond to their expectations as quickly as possible after receiving a request, suggestion or complaint.
For any request, suggestion or complaint, the visitor is invited to contact the customer service department whose contact details are given below:
VIRVOLTAN – Customer Service – 69 rue de Romainville – 93130 NOISY LE SEC – E-Mail : avril.ferrer@virvoltan.com
XIII. APPLICABLE LAW
The present GTC as well as the relationship between the visitor and VIRVOLTAN are governed by French law. In the event of a dispute arising from the present contractual relationship, the User and VIRVOLTAN undertake to seek an amicable solution before any legal action. In the event of a dispute, only the French courts will have jurisdiction.
September 13, 2021