Refund policy
Website Refund Policy vanillia.com
effective as of 02/28/2022
ARTICLE 1. PARTIES
This refund policy is applicable between Vanillia, SARL, share capital: 100 €, registered with the RCS of PAU in France on 02/25/2020, under number 881894711, registered office: 9 rue de La Croix du prince, France, phone: +33614131312, email: hello@vanillia.com, VAT number: FR27881894711, hereinafter referred to as "the Publisher," and any individual or legal entity, either private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Customer."
ARTICLE 2. DEFINITIONS
"Customer": any individual or legal entity, either private or public, registered on the Site.
"Site Content": any kind of material published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
"The Publisher": Vanillia, SARL in its capacity as Publisher of the Site.
"User": any individual or legal entity, either private or public, connecting to the Site.
"Product": any kind of good sold on the Site by the Publisher to Customers.
"Site": website accessible at the URL vanillia.com, as well as its sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely and openly accessible to any User. Browsing the Site implies acceptance by any User of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, will constitute full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The User thereby acknowledges having fully read and accepted them without reservation.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidential value of the Publisher's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.
These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms, including those of the User.
Acceptance of these general terms and conditions by Users presupposes that they have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDER PROCESS
5.1. Placing an Order
To place an order, Users may select one or more Products and add them to their cart. Product availability is indicated on the Site in each item's description. Once their order is complete, they can access their cart by clicking the designated button.
5.2. Order Confirmation by the User
By viewing their cart, Users will be able to check the quantity and type of Products they have selected and verify their unit price as well as the total price. They will have the option to remove one or more Products from their cart.
If their order is satisfactory, Users can confirm it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once they are logged in or after they have successfully completed the registration form, Clients will be invited to review or update their shipping and billing information, and then will be prompted to make their payment by being redirected to the secure payment interface displaying the statement “order with payment obligation” or any similar wording.
5.4. Order Confirmation by the Publisher
Once payment has been successfully received by the Publisher, the Publisher agrees to acknowledge receipt to the Client by electronic means, within a maximum period of 24 hours. Within the same timeframe, the Publisher also agrees to send the Client a summary email of the order confirming its processing, including all relevant details.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by the Publisher. The displayed prices are only valid on the day of the order and do not apply for the future.
The prices indicated on the Site are in euros, including all taxes, excluding delivery costs.
6.2. Payment Methods
The Client may make payment via Paypal, Stripe, Amazon Pay. Payments by credit card are processed through secure transactions provided by To be provided [bankGateways].
For credit card payments, the Publisher does not have access to any information regarding the Client’s payment methods. Payment is made directly to the banking institution.
In the case of payment by money order, check, or bank transfer, delivery times begin only from the date the payment is received by the Publisher.
6.3. Invoicing
The Publisher will send or make available to the Client an invoice by electronic means after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Non-payment
The agreed payment dates may not be postponed for any reason whatsoever, including in the event of a dispute.
Any amount not paid by the due date will automatically, and without formal notice, incur late payment penalties calculated at a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal amount due.
Furthermore, any late payment will result in the defaulting Client being charged a collection fee of 40 euros, immediate payment of all outstanding amounts regardless of the agreed terms, increased by a penalty of 20% of the amount due as a contractual penalty, as well as the possibility of unilateral termination of the contract at the Client’s fault. This clause is in accordance with Article 1152 of the Civil Code, which allows the judge to reduce the penalty if deemed excessive.
6.5. Retention of Title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CLAIMS - WITHDRAWAL – WARRANTY
7.1. Customer Service
The Site’s customer service is available from Monday to Friday from 0900 to 4:30pm at the following non-premium rate phone number: 0689489593, by email at: hello@vanillia.com or by postal mail at the address indicated in Article 1 of these general conditions. In the latter two cases, the Publisher undertakes to respond within 24 business days.
7.2. Right of Withdrawal – Distance Selling
This Article 7.2 applies to Clients who qualify as consumers within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for Exercising the Right of Withdrawal
In accordance with current legislation on distance selling, the Client has a period of fourteen full days to exercise their right of withdrawal without having to provide reasons or pay penalties, except, where applicable, for return shipping costs.
The period mentioned in the previous paragraph begins either on the day the distance contract is concluded for contracts relating to the provision of services and/or the supply of digital content not supplied on a tangible medium, or on the day the Client or a third party other than the carrier and designated by the Client receives the goods, for contracts for the sale of goods and service contracts including the delivery of goods.
In the case of an order involving several goods delivered separately, or in the case of an order for a good composed of multiple lots or parts delivered in installments over a defined period, the withdrawal period begins upon receipt of the last good, lot, or part. For contracts providing for regular delivery of goods over a defined period, the period begins upon receipt of the first good.
If the fourteen-day period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next business day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any case, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer must return or hand over the products to the professional or to any person designated by the professional, without undue delay and, at the latest, within fourteen days following notification of their decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days from the date this right was exercised. If applicable, the professional may delay the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first. Thereafter, the amount due will automatically accrue interest at the legal rate in effect, as specified in Article L. 242-4 of the Consumer Code.
If applicable, the professional will make the refund using the same payment method that the Customer used for the original transaction, unless the Customer expressly agrees to another payment method and provided that the refund does not incur any fees for the Customer. However, the professional is not required to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery offered.
The direct cost of returning the Product is borne by the Customer. These costs are estimated at a maximum of 5 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.
The conditions, deadlines, and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms and conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the supply of services that have been fully performed before the end of the withdrawal period and whose performance began after the Customer’s prior express consent and express waiver of their right of withdrawal;
- for the supply of goods made to the Customer’s specifications or clearly personalized;
- for the supply of goods that are liable to deteriorate or expire rapidly;
- for the supply of goods that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the professional’s control;
- for urgent maintenance or repair work to be carried out at the Customer’s home and expressly requested by them, limited to spare parts and work strictly necessary to meet the emergency;
- for the supply of audio or video recordings or computer software if they have been unsealed by the Customer after delivery;
- for the supply of newspapers, periodicals, or magazines, except for subscription contracts for these publications;
- concluded at a public auction;
- for the provision of accommodation services other than residential accommodation, goods transportation services, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period;
- for the supply of digital content not supplied on a tangible medium, the performance of which has begun after the Customer’s prior express consent and express waiver of their right of withdrawal.
Likewise, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Client before the Client exercises their right of withdrawal.
7.3. Termination of the contract at the Client's initiative
The consumer Client may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days. In this case, the Client will be reimbursed for any amounts paid at the time of the order.
This clause does not apply if the delay in delivery is due to a case of force majeure. In such cases, the Client agrees not to take legal action against the Publisher and waives the right to terminate the sale as provided for in this article.
7.4. Warranties
7.4.1. Warranty for apparent defects and faults
It is the Client’s responsibility to check the condition of the Products upon delivery. This verification should include, in particular, the quality, quantities, and references of the Products, as well as their compliance with the order. No claims will be considered after three days from delivery. In any case, any claim regarding delivered packages will only be considered if the Client, acting as a merchant, has made reservations with the carrier in accordance with Articles L. 133-3 and following of the French Commercial Code.
7.4.2. Warranty for hidden defects and faults
7.4.2.1. Legal warranties
Clients benefit from a legal warranty of proper delivery (Article 1604 of the Civil Code), a legal warranty against hidden defects (Articles 1641 et seq. of the Civil Code), and a safety warranty (Articles 1245 et seq. of the Civil Code).
Clients who qualify as consumers also benefit from a legal warranty of conformity (Articles L. 217-4 et seq. of the Consumer Code).
7.4.2.2. Conventional warranty
In addition to the legal warranty, the Products are covered by a conventional warranty of conformity within French territory, lasting 1 year(s) from the date of delivery of the Product.
7.4.2.3. Returns
To exercise the warranty, the Client must return the product to the Publisher’s head office address, accompanied by a letter explaining the reason and requesting either repair, exchange, or refund.
In any case, the Client is required to follow precisely the Publisher’s instructions regarding the return of Products.
Return shipping costs remain the responsibility of the Client, except for consumer Clients exercising the warranty of conformity under Articles L. 217-4 et seq. of the Consumer Code.
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The consumer Client has a period of 2 years from the delivery of the goods to take action against the seller. In this context, they may choose between repair or replacement of the Product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code. Finally, the Client is not required to prove the existence of the lack of conformity of the Product during the 24 months following the delivery of said Product, except for second-hand goods.
Where applicable, the legal warranty of conformity applies independently of any commercial warranty.
When the consumer Client decides to exercise the warranty against hidden defects, they may choose between cancellation of the sale or a reduction in the sale price. |
ARTICLE 8. FINAL PROVISIONS
8.1. Governing law
These general terms and conditions are subject to French law.
8.2. Amendments to these general terms and conditions
These general terms and conditions may be amended at any time by the Publisher. The terms and conditions applicable to the Client are those in effect on the day of their order or connection to this Site; any new connection to the personal space constitutes acceptance, where applicable, of the new terms and conditions.
8.3. Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Client that may arise in connection with the execution of these general terms and conditions and that cannot be resolved amicably between the parties must be submitted to Medicys: www.medicys.fr.
In addition, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Any dispute relating to or arising from this contract will be settled by arbitration in accordance with the regulations of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.
8.4. Entirety
The invalidity of any clause in this contract will not result in the invalidity of the other clauses or of the contract as a whole, which will remain fully effective and enforceable. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid one that reflects the spirit and purpose of these terms.
8.5. No Waiver
The failure of the Publisher to exercise any of the rights granted to it under these terms shall in no way be construed as a waiver of said rights.
8.6. Telephone Solicitation
The Client is informed that they have the option to register on the national do-not-call list at http://www.bloctel.gouv.fr/.
8.7. Language of these Terms and Conditions
These terms and conditions are provided in French.
8.8. Unfair Terms
The provisions of these terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code regarding unfair terms in contracts between a professional and a consumer.