FERMETURE POUR CONGES D’ÉTÉ

BROU : du 19 juillet au 2 août 2020 inclus
PARIS : du 26 juillet au 17 août 2020 inclus
SAINT ANDRÉ DE CUBZAC : du 19 juillet au 3 août 2020 inclus

General conditions of sale

Introduction

 

The present terms and conditions of sale are established between Armurerie Vouzelaud SAS, with a capital of €240,000 and headquarters 8 place des Halles, 28160 BROU, France, registered with the Registre du Commerce et des Sociétés de Chartres, number 806 420 147, intercommunity VAT number FR 40 806 420 147, henceforth “the seller” , and any private individual wishing to make a purchase through the website www.vouzelaud.fr, henceforth the "buyer". The seller and the buyer may be individually designated by the term "party" and collectively by the term "parties".

 

The seller possesses the required administrative authorizations concerning the sale of cartridges and ammunition (autorisation de fabrication et de commerce de matériels de guerre, armes et munitions n° 085787/DI/SPEM/SDGPC/BRSI).

 

Article 1 - Integrity

 

1.1 The present terms and conditions express the entirety of the obligations undertaken by the two parties, and the buyer is deemed to accept them without reserve.

1.2 The seller and buyer both agree that the present terms and conditions are the exclusive terms governing their relations. The seller reserves the right to modify these terms and conditions at any time, with modifications taking effect at the moment of publication on the website.

1.3 If a condition is found to be lacking, it will be considered to be governed by the practices currently in force among online sales companies headquartered in France.

 

Article 2 - Purpose

 

2.1 The purpose of the present terms and conditions is to define the rights and obligations of the parties within the context of the online sale of products and/or provision of services by the seller to the buyer.

2.2 The present terms and conditions are only applicable to purchases made by buyers located in France and delivered to mainland France.

 

Article 3 – Product information

 

3.1 The products covered by the present terms and conditions are those which appear on the seller’s website, and which are sold and dispatched by the seller. These products are offered for sale while stocks last.

3.2 Products are described and presented with the greatest possible accuracy. However, in case of errors or omissions with regard to this presentation, the seller cannot be held liable.

3.3 Product photographs are not contractually binding.

 

Article 4 - Price

 

4.1 The seller reserves the right to modify their prices at any time, but agrees to respect the prices displayed at the moment of order, on condition that stock is available at this time.

4.2 Prices are displayed in euros. They do not include delivery costs, which are added later and clearly indicated prior to order confirmation. Prices include VAT as applicable at the time of order, and any change in applicable VAT rates will automatically be reflected in the price of products in the online store. Orders must be paid in full at the time of ordering. Monies paid will not, under any conditions, be considered to represent a deposit or instalment.

4.3 If one or more taxes or contributions, notably environmental taxes or contributions, are created or modified (either upward or downward), this change may be reflected in the selling price of the products. 

 

Article 5 - Orders

 

5.1 Buyers have the option to place orders online, from the online catalogue and using the form provided. To place an order, the buyer must identify him or herself using an email address and password. Buyers must create an account before an order can be submitted.

5.2 For an order to be considered valid, the buyer must indicate their acceptance of the present terms and conditions by clicking the box provided. The buyer must also provide an address and select a delivery method, before validating their chosen payment method. Orders will only be accepted by the seller following receipt of the documents required for the shipment of cartridges and ammunition, namely a copy of the buyer’s hunting licence, validation, or a valid shooting licence (in accordance with article R 313-26 of the French Code de la sécurité intérieure).

5.3 By placing an order, the buyer tacitly accepts the prices and descriptions of the products available for sale. This point will only be open for discussion in the context of a possible exchange and/or of the guarantees mentioned below.

5.4 The seller will confirm receipt of the order after checking the mandatory documents provided by the buyer. The seller reserves the right to refuse the buyer's order until the required documents are provided. The seller also reserves the right to decline orders for reasons of non-payment, incorrect address, lack of telephone contact information, or any other problem related to the buyer’s account, until the problem is resolved.

5.5 In the event that an ordered product is not available, the buyer will be notified by email. The cancellation of the order of this product and any applicable refund will then be made, the rest of the order remaining firm and final.

5.6 For any questions relating to order tracking, buyers should call the seller on (+33) (0)2 37 47 05 95, Monday to Saturday, 9am – 12pm and 2pm – 6pm (cost of a local call from France).

 

Article 6 – Electronic signature

 

6.1 By providing a credit or debit card number using the online form and by confirming an order, the buyer is deemed, in accordance with the law of 13th March 2000 (loi du 13 mars 2000) to:

- agree to pay the sum stipulated in the order,

- have signed and expressed acceptance of all order operations.

6.2 If a buyer finds that their payment details have been used fraudulently to place an order through the seller’s website, they are requested to contact the seller on (+33) (0)2 37 47 05 95 as soon as possible (cost of a local call from France).

 

Article 7 – Order confirmation

 

The seller shall provide the buyer with a copy of the contract (delivery note) or, with the buyer's agreement, with another durable document or file confirming the express engagement of both parties. 

 

Article 8 – Proof of transaction and storage of personal data

 

8.1 The computerised records held in the seller’s computer systems, under reasonable security conditions, shall be considered proof of communications, orders and payments between the parties.

8.2 Records will be held on file for any contract involving sums equal to or in excess of 120 euros, from the conclusion of the contract and for a period of 10 years from the date of product delivery or service provision.

Order details and invoices will be stored on a reliable and durable medium which may be produced as proof.

8.3 To protect the buyer’s personal data, the seller has established a Personal Data Protection and Cookies Policy, available at www.vouzelaud.fr. Acceptance of the present terms and conditions also constitutes acceptance of the Personal Data Protection and Cookies Policy.

 

Article 9 – Payment method

9.1 Orders made through the site carry an obligation of payment: by submitting an order, the buyer agrees to pay the stipulated sum to the seller.

9.2 Orders can be paid for in one of two ways:

  • By credit or debit card: cards featuring the CB logo, or with CB accreditation (e.g. Visa, Mastercard, Gold Card) are accepted. The buyer’s account will be debited following order confirmation;
  • By bank or postal cheque.

By confirming the online order, the buyer confirms that they possess the right to use the selected payment method. The seller reserves the right to suspend order processing and/or delivery in the event that the card payment is declined by the applicable officially accredited organizations, or if payment is not received within   days. In this case, the order will be deemed invalid.

9.3 The seller specifically reserves the right to refuse delivery or to decline orders from a buyer who has previously failed to settle an order in part or in full, or with whom they are engaged in an ongoing payment dispute.

9.4 The seller has established an order verification procedure to prevent buyers from using a third party’s bank or payment details without their knowledge. As part of this procedure, the buyer may be required to provide the seller with a copy of an identity document and proof of address by fax. The order will only be confirmed once the seller has received and verified these documents.  

 

Article 10 – Product availability - Refunds

 

10.1 Except in cases of force majeure or during periods when the online shop is closed, as clearly indicated on the website homepage, delivery times will be as indicated below, stock permitting. Delivery times are counted from the date on which the order is received, indicated in the order confirmation email.

10.2 Orders to addresses in mainland France will be made within 15 working days, counted from the day following placement of the order.

10.3 In case of failure to respect the contractual delivery times, the buyer has the right to cancel their contract by registered letter with proof of delivery, after instructing the seller to make the delivery or provide the service within a reasonable additional period of time. However, the buyer reserves the right to immediately terminate the contract, should they wish to do so, if the dates or periods referred to above constitute an essential condition of the contract for them.

10.4 Should an order be cancelled on these grounds, the seller shall reimburse all sums paid by the buyer, within a maximum of 14 days following cancellation of the contract.

10.5 If the seller is unable to honour an order due to lack of product availability, the buyer will be informed of the issue as soon as possible and will have the option to cancel the order in question, with full reimbursement of any payment made for that order.

 

Article 11 – Delivery method

 

11.1 Goods will not be sent until the seller’s bank confirms receipt of payment.

11.2 Ordered products will be delivered as follows. Cartridges and ammunition will only be transported by road freight, to the buyer’s personal address or to another address of their choosing. The buyer is responsible for ensuring the accuracy of this address. Named-date (on-demand) delivery may be arranged if the client provides both email and mobile telephone contact details when creating their account. In this case, the buyer will receive a text message and email from the transport service with a hyperlink to choose a delivery date. The delivery process will be suspended until the buyer provides delivery instructions.

11.3 Deliveries to Corsica will incur an additional cost, indicated at the billing stage of the order.

11.4 Packages returned to the sender due to erroneous or incomplete delivery information will be re-sent at the buyer’s expense. Buyers may request that an invoice be sent to their billing address instead of the provided delivery address by checking the appropriate box on the order form.

11.5 Should the buyer be absent when the transporter attempts delivery, a card will be left at the address in question indicating where and when to collect the package.

11.6 If the original packaging is found to be damaged, ripped or open at the time of delivery, the buyer must check the state of the contents. In case of damage, the buyer must imperatively refuse the package and make a written statement to this effect on the delivery note (package refused: open or damaged).

11.7 In case of problems with a delivery (damage, product missing, damaged packaging, broken goods, etc.), the buyer must make a signed, written statement to this effect on the delivery note.

11.8 By signing the delivery note, the buyer or their authorized representative is deemed to have carried out these verifications.

11.9 The buyer must confirm any reservations concerning the delivery in writing, by registered letter to the carrier, no later than two working days following receipt of the item(s). A copy of this letter must be sent by fax or standard post to the seller at the address indicated in the legal notices on the website.

11.10 If the products need to be returned to the seller, a return request to this effect must be made within 7 days of delivery. Complaints or claims submitted after this date will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

 

Article 12 - Delivery

 

12.1 Any claims relating to delivery errors and/or non-conformity of products with the indications shown on the order form, in nature or in quality, must be submitted by the buyer to the seller on the day of delivery or, at the very latest, the next working day. Claims submitted after this date will not be accepted.

12.2 Claims/complaints may be registered in one of two ways, at the buyer’s choice:

- by telephone: (+33) (0)2 37 47 05 95;

- by email: vouzelaud@vouzelaud.com

12.3 Any claim which is not made in accordance with the rules defined above and within the stipulated time limits will not be taken into account, and the seller shall be deemed to be released from any liability towards the buyer.

12.4 Upon receipt of a claim or complaint, the seller will assign an exchange number to the product(s) in question and communicate this number to the buyer. Product exchanges can only be carried out once an exchange number has been assigned.

12.5 In case of errors concerning a delivery or exchange, the product(s) to exchange or refund must be returned to the seller, in their entirety and in their original packaging, by Colissimo Recommandé or an equivalent registered postal service, or by courier with the appropriate authorization to transport 1.4S-class goods to the following address: VOUZELAUD SA – 8 place des Halles – 28160 BROU – France.

12.6 In the case set out above, return shipping costs will be paid by the seller.

 

 

Article 13 – Product guarantees

 

13.1 The seller guarantees that the goods provided conform to the contract; the buyer therefore has the right to exercise the provisions of the legal guarantee of conformity set out in Articles L. 217-4 et seq. of the French Consumer Code, and/or the guarantee against product defects as set out in Articles 1641 et seq. of the French Civil Code.

13.2 In the event of implementation of the legal guarantee of conformity, it is noted that:

-  The buyer has a period of two years following the date of delivery in which to act;

-  The buyer may request that the product be repaired or replaced, under the cost conditions set out in article L. 217-9 of the French consumer code (code de la consummation);

-  The buyer is not required to provide proof of existence of a product conformity fault in the first six months following delivery of the product.

13.3 Furthermore, the buyer has the right to invoke the guarantee against concealed defects of a purchased item, as set out in Article 1641 of the French Civil Code. In such cases, the buyer may opt to cancel the sale, or to negotiate a reduction in the sale price pursuant to the provisions of Article 1644 of the French Civil Code.

 

Article 14 – Right of retraction

 

14.1 In accordance with the provisions set out in the French consumer code, buyers may return any article which does not conform to their requirements within a period of 14 working days from delivery, and request an exchange or reimbursement, with no penalty imposed on the buyer, with the exception of return postage costs, which shall be paid by the buyer.

14.2 Only products which are returned in their entirety, in full and intact original packaging and in perfect resale condition will be accepted by the seller. Products which are damaged, or which are returned in damaged packaging, will not be refunded or exchanged.

14.3 The right of retraction does not apply to products which have been personalized at the buyer’s request.

 

Article 15 – Returns procedure - refunds

 

15.1 Should the buyer wish to exercise their right of retraction, he or she must contact the seller on (+33) (0)2 37 47 47 05 95 indicating their intent to return the ordered products to the seller.

The seller will acknowledge receipt of this return request by email. The buyer has 14 days from the moment of notification to return the goods in question.

15.2 The product must be returned to the seller whole, intact and in its original packaging, by Colissimo Recommandé or an equivalent registered postal service, or by courier with the appropriate authorization to transport 1.4S-class goods to the following address: VOUZELAUD SA – 8 place des Halles – 28160 BROU – France.

15.3 This right of retraction is exercised without penalty, on the understanding that the goods are to be returned at the buyer’s expense. In case of exchange, the buyer will be responsible for the additional shipping costs entailed.

15.4 The seller will reimburse the buyer for all sums paid, including delivery costs, without undue delay and at the latest within 14 days of the date on which the buyer notified the seller of their intent to withdraw from the contact. However, the seller reserves the right to defer the refund until goods are recovered or until the buyer provides proof of shipment of the goods, whichever comes first. The refund will be made by cheque sent to the buyer’s billing address.

 

Article 16 - Force majeure

 

16.1. Any circumstances beyond the control of the parties which prevent them from fulfilling their obligations under normal conditions shall be considered as grounds exempting them from these obligations, and shall entail their suspension.

16.2 The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, and as soon as these circumstances cease to apply.

16.3 Force majeure is considered to cover any facts or circumstances, external to the parties, which are unforeseeable, unavoidable, beyond the control of the parties, and which cannot be prevented by the latter, despite all reasonable efforts. In addition to those cases commonly accepted as instances of force majeure by the French courts, this condition expressly covers: the blocking of means of transport or supply infrastructures, earthquakes, fires, storms, floods, lightning, telecommunication network failure, or difficulties specific to telecommunication networks external to the client.

16.4 The parties will enter into contact with one another to assess the impact of the event and agree on the conditions under which the contract will continue to be fulfilled. In cases of force majeure lasting for more than three months, the injured party has the right to terminate the present terms and conditions.

 

Article 17- Intellectual property and confidentiality

All texts, comments, other works, illustrations, quotations, studies, plans or drawings provided by the seller remain the property of the seller and are strictly confidential. The buyer is not entitled to reproduce them, except for personal use, or to communicate them to third parties. The price paid by the buyer in no way implies any transfer of the seller's intellectual and industrial property rights or skills. The buyer’s rights are limited to the use of the delivered products. The parties agree to maintain maximum confidentiality concerning their contractual relations and to refrain from disclosing all or part of these relations to third parties, except to administrative or judicial bodies on request.

 

Translated with www.DeepL.com/Translator (free version)

Tous les textes, commentaires, ouvrages, illustrations, devis, études, plans, dessins, fournis par le vendeur restent sa propriété et sont strictement confidentiels. Il est interdit à l'acheteur de les reproduire, sauf pour ses besoins personnels, ou de les communiquer à des tiers. Le prix par l'acheteur n'emportant aucunement cession des droits de propriété intellectuelle et industrielle ou des savoirs faire du vendeur. L'acheteur ne dispose que du droit d'utiliser les produits livrés. Les parties conviennent de garder la plus grande confidentialité sur leurs relations contractuelles et s'interdisent de porter à la connaissance de quiconque tout ou partie de ces dernières, à l'exception toutefois des administrations et des tribunaux qui en feraient la demande.

 

Article 18- Partial invalidation

Should one or more provisions of these general terms and conditions be deemed invalid or declared to be so pursuant to a law, regulation, or following a final decision made by a competent court, the other provisions shall retain their full force and scope. 

 

Article 19 - Non-waiver agreement

 

No waiver of any of these terms and conditions by either party may be deemed to constitute a further or continuing waiver of concerning the obligation in question.

 

Article 20- Titles

 

Should any difficulty arise concerning the interpretation of any of the clause titles above, the titles shall be considered invalid.

 

Article 21- Applicable law

 

The present conditions of sale are established subject to French law, excluding the provisions of the Vienna Convention. This is the case for both substantive and formal rulings. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution. If no agreement is reached, the buyer may initiate proceedings before the court of their choice.

In accordance with article L 612-1 ff. of the French consumer code (Code de la Consommation), in case of dispute with the seller, the buyer is entitled to request assistance from the relevant consumer mediator, free of charge. A list of consumer mediators is available at:

https://www.economie.gouv.fr/mediation-conso/saisir-mediateur