Terms of sale
General Conditions of Sale of the Website vanillia.com
applicable from 28/02/2022
Article 1. Parties
These general conditions are applicable between Vanillia, SARL, share capital: 100 €, recorded at the RCS of Pau in France THE 25/02/2020, under the number 881894711, the head office : 9 Rue de la Croix du Prince, France, phone : +33614131312, E-mail : hello@vanillia.com, Intra-community VAT number : FR27881894711, hereinafter "the Publisher" and any person, physical or legal, of private or public law, registered on the site to buy a product, below "the customer".
Article 2. DEFINITIONS
« Customer»: Any person, physics or legal, of private or public law, registered on the site.
« Site content " : elements of any kind published on the site, or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Publisher » : Vanillia, SARL taken in its capacity as editor of the site.
« Internet user»: Any person, physics or legal, of private or public law, connecting to the site.
« Product": Well of all kinds sold on the site by the Publisher to customers.
« Site": URL accessible website vanillia.com, as well as sub-sites, mirror sites, gates and variations in related URLs.
Article 3. Field of application
The site is free and free access to any internet user. Navigation on the site supposes acceptance by any internet user of these General Conditions. The simple connection to the site, by any means whatsoever, in particular through a robot or a browser, will take full acceptance of these general conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.
The internet user recognizes in the same fact having taken fully aware of it and accepting them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidence of the author's automatic registration systems of the Publisher and, except for him to provide contrary, he gives up to challenge them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of these general conditions requires on the part of Internet users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or a curator if they are incapable , of their legal representative if they are minors, or even they hold a mandate if they act on behalf of a legal person.
Article 4. Site object
The purpose of the site is the sale of products to customers.
Article 5. Order steps
5.1. Order
In order to order, Internet users will be able to select one or more products and add them to their basket. The availability of products is indicated on the site, in the description sheet of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the ability to check the number as well as the nature of the products they have chosen and will be able to check their unit price, as well as their overall price. They will have the opportunity to remove one or more products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the site by completing the registration form using personal information concerning them.
5.3. Payment by the Customer
As soon as they are connected or after they have perfectly completed the registration form, customers will be invited to control or modify their delivery and billing contact details, then will be invited to make their payment by being redirected for this purpose On the secure payment interface including the mention "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment is actually received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the customer a summary email of the order and confirming the processing, taking up all the information relating to it.
Article 6. Price - Payment
6.1. Price
The applicable prices are those displayed on the site on the day of the order. These prices can be changed at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have an effect for the future.
The prices indicated on the site are heard in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The customer can pay by Paypal, Stripe, Amazon Pay. Bank card payments are made by means of secure transactions provided by To be informed [Bankgateways].
As part of bank card payments, the Publisher does not have access to any data relating to the customer's payment methods. Payment is made directly in the hands of the banking establishment.
In the event of payment by mandate, check or bank transfer, delivery times only start to run from the date of payment of payment by the Publisher.
6.3. Billing
The Publisher will send or provide the customer with an invoice by electronic means after each payment. The customer expressly agrees to receive invoices electronically.
6.4. Default
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any sum not paid at the due date will give rise, automatically and without formal notice, to the application of late penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this Penalty harvested with the exigibility of the sums due in principal.
In addition, any delay in payment will result in invoicing to the customer defaulting the recovery costs of 40 euros, the immediate payment of all sums remaining due whatever the agreed deadlines, increased by compensation for compensation 20 % of the amount as a penal clause, as well as the possibility of terminating the contract unilaterally to the harm of the customer. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce compensation if the judge considers that it is excessive.
6.5. Reserve of ownership
The products sold remain the property of the Publisher until full payment of their price, in accordance with this reserve of ownership clause.
Article 7. Responsibility of the Publisher
7.1. Nature of the Publisher's obligations
The Publisher undertakes to provide the care and diligence necessary for the supply of quality products in accordance with the specifications of these General Conditions. The Publisher only responds to an obligation of means concerning the subject of these services.
7.2. Force majeure - Customer failure
The Publisher will not engage his responsibility in the event of force majeure or fault of the customer, as defined in this article:
7.2.1. Force majeure
In the sense of these general conditions, will be considered as a case of force majeure enforceable against the customer any impediment, limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, fluctuations in the band Passage, breach attributable to the provider of access, failure of the transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the customer, computer hacking, a flaw security attributable to the host of the site or developers, flooding, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, requisition, requisition, requisition, requisition, requisition, requisition, requisition, of strike, boycott, or other circumstances outside the reasonable control of the Publisher. In such circumstances, the Publisher will be exempt from the execution of his obligations within the limits of this impediment, this limitation or this disturbance.
7.2.2. Customer fault
In the sense of these general conditions, will be considered as a fault of the customer enforceable against the latter any improper use of the service, for lack, negligence, omission or failure on his part or that of his attendants, non-compliance with the advice given by the Publisher on his site, any disclosure or illicit use of password, client codes and references, as well as erroneous information information or the absence of updating such information in his personal space. Also considered as a customer's fault, the implementation of any technical process, such as robots, or automatic requests, the implementation of which would violate the letter or the spirit of these general conditions of sale.
7.3. Technical problems - Hypertext links
In the event of impossibility of access to the site, due to technical problems of all kinds, the customer cannot take advantage of damage and cannot claim any compensation. The unavailability, even extended and without any limitive duration, of one or more online services, cannot constitute damage to customers and cannot give rise to the granting of damages on the part of The Publisher.
The hypertext links on the site can refer to other websites. The responsibility of the Publisher cannot be engaged if the content of these sites contravenes the legislation in force. Likewise, the Publisher cannot be liable if the Internet user's visit of one of these sites, caused him a damage.
In the current state of the technique, the rendering of the representations of the products offered for sale on this site, in particular in terms of colors or forms, can significantly vary from one computer position to another or differ from reality according to The quality of the graphic accessories and the screen or depending on the resolution of the display. These variations and differences will not be able to be attributed to the Publisher who can in no way be their responsibility engaged in this fact.
7.4. Damages in charge of the Publisher
In the absence of contrary legal or regulatory provisions, the responsibility of the Publisher is limited to direct, personal and certain damage suffered by the customer and linked to the failure in question. The Publisher cannot in any case be held responsible for indirect damage such as, in particular data losses, commercial loss, order losses, brand image damage, commercial disorders and profit loss or profits or customers. Similarly and within the same limits, the amount of damages charged to the Publisher cannot in any event exceed the price of the ordered product.
7.5. Hypertext links and site content
The contents of the site are published as an indication, without guarantee of accuracy. The Publisher can in no case be held responsible because of an inaccurate omission, an inaccuracy or any error contained in this information and which would be at the origin of direct or indirect damage caused to the Internet user.
Article 8. Final stipulations
8.1. Applicable right
These general conditions are subject to the application of French law.
8.2. Changes from these General Conditions
These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or its connection to this site, any new connection to the personal space taking acceptance if necessary new general conditions.
8.3. Disputes
Under the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer client who could arise within the framework of the execution of these general conditions and whose solution could not be found beforehand amicable between the parties should be subject to Medicalys: www.medicalys.fr.
In addition, the consumer customer is informed of the existence of the online dispute settlement platform, accessible to the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to this contract or in relation to it will be decided by arbitration in accordance with the regulation of the Digital Arbitration and Mediation Institute: www.fast-arbiter.com.
8.4. Full
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and carried. In such a hypothesis, the parties will have to replace the stipulation canceled by a valid stipulation corresponding to the spirit and object of the present stipulation.
8.5. Non-renunciation
The absence of exercise by the Publisher of the Rights recognized by these can in no way be interpreted as a waiver to assert the said rights.
8.6. Phone canvassing
The customer is informed that he has the possibility of registering on the list of opposition to canvassing at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these General Conditions
These general conditions are offered in French.
8.8. Abusive clauses
The stipulations of these General Conditions apply subject to compliance with the imperative provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.