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7 Rue des 4 cheminées
92100 Boulogne-Billancourt
France
contact@viborr.com
(+33) 01 89 60 03 73

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GTC

READ CAREFULLY: BY CONNECTING TO THE WEBSITE WWW.VIBORR.COM YOU CONFIRM YOUR ACCEPTANCE OF THESE GENERAL CONDITIONS AND AGREE TO BE BOUND BY THEM. THE GENERAL CONDITIONS ARE ALSO FULLY APPLICABLE TO ANY ORDER PLACED WITH VIBORR. THUS ANY ORDER WILL BE GOVERNED EXCLUSIVELY BY THESE GENERAL CONDITIONS.

A. GENERAL PROVISIONS:

The website https://www.viborr.com (the “Site”) was designed by VIBORR FRANCE, which is the owner and holder of all related rights. Without prior and express authorization from VIBORR FRANCE, it is prohibited to copy or download all or part of the Site or its content.

B. PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED:

Article 1. ACCEPTANCE OF THESE GENERAL CONDITIONS
The fact for a user to fill out the order form appearing on the Site and to confirm the order (by clicking on the “Order confirmation” button provided for this purpose), constitutes full and complete acceptance of these General Conditions, which will be only applicable to the contract thus concluded.

Article 2. ORDER CONFIRMATION AND CONCLUSION OF CONTRACT
The Site contains at any time a commercial offer for the sale of products, which is not legally considered as a permanent offer. Thus, as will be explained below, the conclusion of a contract will only take place in the event of order confirmation by VIBORR FRANCE

After validation of payment, in accordance with article 3 of these General Conditions, the order is deemed accepted by VIBORR FRANCE.

VIBORR FRANCE will then confirm acceptance of the order to the user by email. This confirmation, or where applicable, the refusal to accept an order will be confirmed to the user no later than 24 working hours after receipt of an order. VIBORR FRANCE also reserves the right not to record a payment and therefore not to confirm an order for any reason whatsoever, in particular due to a problem with the supply of products, a problem concerning the order received, or a foreseeable problem regarding the delivery to be made. The user cannot cancel his order unless the amount indicated in the order confirmation by VIBORR FRANCE exceeds by more than 5% the price indicated on the Site for the Products, transport and delivery. In this case, the order cancellation must be made by email to contact@viborr.com no later than 4 hours after receipt by the Customer of the order confirmation.

Article 3. GENERAL OBLIGATIONS OF THE PARTIES:

3.1 Obligations of VIBORR FRANCE:
VIBORR FRANCE undertakes, in the event of acceptance of an order, to sell and have delivered to the user the products (the “Products”) ordered by the latter. In this regard, VIBORR FRANCE undertakes to deliver the Products to the carrier designated by VIBORR FRANCE, no later than 72 working hours after acceptance of an order. VIBORR FRANCE has entered into a contract with this carrier under which the latter undertakes to deliver the Products to the address indicated by the customer (the “Customer”).

3.2 User Obligations:
The Customer undertakes to indicate to VIBORR FRANCE an address to which delivery can be made during business hours. The Customer undertakes to pay the price stipulated for the service of VIBORR FRANCE (price of the Products and transport), as well as to pay or have paid, if necessary, and directly to the forwarder or carrier, the customs duties , VAT or other taxes due upon importation of products into the country of delivery.

The Customer is prohibited from reselling the Products. Any order placed by a Customer is for their personal use or for the personal use of the person on whose behalf the delivery is to be made. In the latter case, the Customer guarantees the personal acceptance of these General Conditions by the recipient of the delivery (who for this purpose will be assimilated to the “Customer”).

Article 4. SPECIFIC PROVISIONS:

4.1 Price, invoice:
The overall price indicated in the order confirmation by VIBORR FRANCE (the “Price”) is the final price. The price includes the price of the Products, handling, packaging and transport costs. Delivery within the European Union: all taxes for export outside France. No other customs duties or VAT will be payable for delivery within the European Union. Delivery outside the European Union: any customs taxes for the importation of the products ordered are excluded from the price.

The Price is expressed in Euro, the amounts expressed in other currencies being provided for purely indicative purposes. Payment for Products is made by credit card / Paypal or transfer. The debit on the Customer's bank card will be made in Euro upon acceptance of the order by VIBORR FRANCE. An invoice can be established by VIBORR FRANCE, at the specific request of the Customer, who must indicate the address to which the invoice will be sent. .

4.2 Transport – Delivery – Delivery Times:
The Products are delivered to the delivery address indicated in the order within one (1) to nine (9) working days from confirmation of the order, unless payment has not been made for any reason. reason whatsoever. The deadlines provided by VIBORR FRANCE to the Customer vary depending on the country. These are indicated for information purposes on the Site, VIBORR FRANCE cannot be responsible for exceeding the indicative deadlines given on the Site or when confirming the order. In the absence of the recipient or a person who can take possession of the Products upon delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer inviting the Customer to collect the Products. Under no circumstances can VIBORR FRANCE be held responsible for any possible deterioration of the Products in the event of late collection of said Products from the carrier, or failure to collect the Products by the Customer.

When creating your customer account, VIBORR FRANCE collects your telephone contact details. VIBORR FRANCE will use your telephone contact details only to ensure the proper execution of your orders by contacting you if necessary in the event of delivery difficulties. In accordance with the legal provisions in force, you have the right to register on the list opposing telephone canvassing.

4.3 Transfer of Risks:
The transfer of risks on the Products takes place upon delivery of the Products by VIBORR FRANCE to the carrier. Thus, the Products travel at the Customer’s own risk.

4.4 Reservations upon Receipt of Products – Return of Products – Restrictive Cases of Refund/Replacement:
The Customer can only express reservations upon delivery of the Products in the event of delivery not conforming quantitatively to the order, or in the event that the package containing the Products is seriously damaged. These reservations must be made in writing to the carrier upon delivery, or no later than 12 hours after delivery. A copy of these reservations must be sent to VIBORR FRANCE (by email or fax) no later than 12 hours after these reservations have been made. It is up to the Customer to provide with this shipment to VIBORR FRANCE confirmation by the carrier of the reality of these reservations.

No returns of Products will be accepted. If the above procedure has been respected, and if it is thus proven that the reservations are due to the fact that the package and the Products are seriously damaged, VIBORR FRANCE will at its option reimburse the Customer the Price paid or will make a new delivery of Similar products.

If the delivery does not conform quantitatively to the Order, VIBORR FRANCE will only reimburse the price difference between the Products ordered and those delivered, of course, only if the Products delivered are of a lower price than those ordered and paid for. No reservations can be made in relation to the taste, appearance or freshness of the Products.

4.4.1 Shop Items
In accordance with articles L.120-20 et seq. of the Consumer Code, you benefit from a period of fourteen (14) days to exercise your right of withdrawal without having to provide reasons or pay penalties with the exception of, where applicable, return costs. The period of fourteen days runs from the date of receipt of the items.

You can exercise this right on all items purchased except for food products to be kept at a controlled temperature (refrigerated), for products with a use-by date or a recommended use-by date of less than 90 days and for all unsealed products.

4.5 Warranty – Limitation
VIBORR FRANCE guarantees that the Products are manufactured in France and that they have been subject to all necessary care to ensure their compliance with the description which appears on the Site on the date of the order. VIBORR FRANCE also guarantees that the Products are of very good quality and are fresh when delivered to the carrier. This is the only guarantee granted by VIBORR FRANCE. No other express or tacit guarantee is granted. In particular, VIBORR FRANCE cannot guarantee that the Products meet the Customer's specific expectations.

4.6 Liability – Limitation of Liability
The Customer is solely responsible for the choice of Products, their conservation following delivery and their use. In this regard, the Customer's attention is drawn to the fact that he must not consume the Products beyond the time limits indicated on the labeling, nor if it appears that the Products are damaged (due to heat , problems during transport or any other cause). Under no circumstances can VIBORR FRANCE be held responsible for any damage resulting from this. Likewise, VIBORR FRANCE cannot be held responsible for non-compliance with the legislative or regulatory provisions in force in the country of delivery, VIBORR FRANCE being solely responsible for compliance with French regulations relating to the Products. In any event, whatever the possible reason for the liability of VIBORR FRANCE, the liability of VIBORR FRANCE is limited to the lower of the two following sums: (i) amount of direct damage suffered by the Customer, or (ii) order price.

C. INVALIDITY – FORCE MAJEURE – APPLICABLE LAW – COMPETENT COURTS

If any of these General Conditions should be declared inapplicable or is invalidated for any reason, this invalidity or inapplicability will not affect the application or validity of the other provisions of the General Conditions, the one invalidated or deemed inapplicable being then replaced by the closest possible arrangement. Neither VIBORR FRANCE nor the Client can be held responsible for any non-performance which originates from a case of force majeure, beyond its control, including in particular, without limitation, cases of war, riot, insurrection, interruption of transportation, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.

These General Conditions are governed exclusively by Portuguese law. Any dispute relating to the interpretation and/or execution of these General Conditions will be under the exclusive jurisdiction of the French courts.

D. RIGHTS AND GENERAL DATA PROTECTION REGULATIONS – GDPR

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of this data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), www.meststerroir.com ensures the implementation rights of the persons concerned.

It is recalled that the customer whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information which concerns him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (GDPR).

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the customer may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without costs.

You can exercise these rights by sending an email to the address: contact@viborr.com or by sending a letter to VIBORR FRANCE - 7/9 rue des quatre chemins - 92100 Boulogne-Billancourt - France. It is specified that the customer must be able to prove their identity, either by scanning an identity document or by sending us a photocopy of their identity document.

Furthermore, the user has the option of deleting all their information in order to preserve their confidentiality. The hosting of the site www.viborr.com is compatible and approved, according to GDPR standards. In order to enhance the security of data transfer, the HTTPS protocol ensures optimal confidentiality.

E. Photos of products or presentation of baskets

Viborr informs that all photos placed on the site are non-contractual

 

 

 

 

 

 

 





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