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General terms and conditions of use and sale
Legal notice
This website, www.vivichicot.com (the "Site"), is hosted by Wix and published by VIVICHICOT, a sole proprietorship registered with the Paris Trade and Companies Register under number 897748802, whose registered office is located at 13 rue du Docteur Heulin – 75017 Paris, France, and whose intra-community VAT number is FR 96897748802 (hereinafter "VIVICHICOT"). VIVICHICOT can be contacted at vivichicot@gmail.com or by phone at +33 6 79 56 17 79 .
Object
These general terms and conditions of use and sale (the "GTC") govern the use of the Site by any user wishing to access the Site and make a purchase on the Site ("the User" or the "Customer").
By accessing the Site, the User acknowledges having read and fully and unreservedly accepted the General Terms and Conditions of Use.
VIVICHICOT reserves the right to modify these Terms and Conditions at any time. The modification will take effect immediately upon being published online.
Products
The website offers online courses, crystals, and customizable items for sale. The crystals are hand-packed in France. The customizable items are hand-sewn with rhinestones, made to order, in our French workshop.
The products governed by these General Terms and Conditions of Sale are those listed on the Site (the “Products”).
Products are offered subject to availability. The Site does not guarantee that Products will be in stock. The Site reserves the right to remove a Product at any time for any reason.
The colors, features, specifications, and details of the Products are described and presented as accurately as possible. However, the Site does not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free from other errors, and Users' digital displays may not accurately reflect the actual colors and details of the Products.
The colors and sizes of the crystals supplied in each pack depend on available stock.
The images are not contractual; they are a suggestion for presentation.
Prices are displayed in euros including VAT.
Shipping costs and delivery methods are indicated on each product page.
Price
Product prices are shown in Euros inclusive of all taxes, including applicable VAT (20%).
Product prices do not include delivery charges (shipping, packaging, and handling according to current rates). The delivery charges will be specified before order confirmation.
Product prices may be changed at any time. However, a price cannot be changed once the order has been confirmed.
Order
The Customer has the option to place their order from the catalogue of Products available on the Site.
The Customer orders the Product(s) of their choice by clicking on "Add to cart".
Depending on the nature of the Product, the Customer may be required to choose certain options (quantity, colors, personalized lettering, etc.).
All orders imply acceptance of the prices and descriptions of the Products available for sale.
Once the basket is validated, the Customer must choose the delivery address and the payment method.
The Site will acknowledge receipt of the order upon validation and will send a confirmation email. If this confirmation is not received within 10 minutes, Customers are advised to check their "spam" folder or contact the Site's customer service.
If a Product ordered is unavailable, the Customer will be notified by email. The order for that Product will then be cancelled and a refund issued if applicable, while the rest of the order will remain valid and binding.
For any questions relating to order tracking, Customers can contact the Site by email at vivichicot@gmail.com .
Payment methods
Customers can pay for their order:
by bank card: Visa, Mastercard, etc.
Delivery
The Products are delivered by Tracked Letter, International Tracked Letter or any other delivery service that may be put in place by vivichicot.
Products are delivered in France, Europe, and the United Kingdom.
Details of costs and delivery times are specified on the product description sheet available on the Site.
Delivery times are mentioned therein for informational purposes only.
VIVICHICOT will not be held responsible for the failure to deliver a package due to an incorrect or incomplete delivery address. Once the undelivered Products have been collected by VIVICHICOT, a new delivery will be possible and the cost of this delivery will be charged to the Customer.
International shipments are subject to import duties, taxes, or fees in the destination country. These charges are set by the government of that country, in accordance with import/export regulations, and are billed by the carrier. VIVICHICOT is not responsible for these duties, taxes, or other charges.
If a package is returned because a customer refused to pay the import taxes or customs duties due, the refund for the package will not include shipping and return costs.
When the order is sent, the Customer will receive an email allowing them to track the package.
Product returns
Right of withdrawal
The Customer has a right of withdrawal of fourteen (14) calendar days from the date of receipt of the order. During this period, the Customer may return undamaged Products without having to provide a reason or pay any penalty.
All Products can be returned, except those excluded by law in article L.221-28 of the Consumer Code, for example Products that have been personalized at the request of the Customer and Crystals for hygiene reasons.
Returned products must be unworn, in their original packaging, with the packaging intact.
To exercise the right of withdrawal, the Customer must inform VIVICHICOT of their intention to withdraw by sending their request by email to the following address: vivichicot@gmail.com , specifying the order number in the subject line of the email.
Products returned without prior notification and outside their original packaging will not be accepted.
The Customer must return the Products to VIVICHICOT, at the latest within fourteen (14) days following the withdrawal, to the following address: V. Rudelou, 13 rue du Docteur Heulin – 75017 Paris, France.
The Site does not provide return labels. Return shipping costs are the responsibility of the Customer. Taxes or duties on international deliveries are non-refundable.
VIVICHICOT will refund the price of the Product but not the delivery charges upon receipt of the returned Product. After verification and approval of the Product's condition, the refund will be issued via the payment method used for the returned order, and a confirmation email will be sent to the Customer.
Exchange
The Customer also has the option to request an exchange within fourteen (14) days of receiving the Product. Products sent for exchange without prior notification and outside their original packaging will not be accepted.
Only exchanges for an equivalent product will be accepted. Exchanges of products that have been personalized at the request of the customer and Cristaux are not permitted for hygiene reasons.
The customer is responsible for the return shipping costs.
Product not as described
The Customer must check the Product at the time of delivery and in the event that the delivered Product is not compliant (Product error, defective, damaged or incomplete Product), make written reservations no later than three (3) days following this delivery, to VIVICHICOT, by sending a photograph of the Product.
In all cases, the provisions set out in Article 10.1 concerning legal guarantees will apply. Thus, a non-conforming Product may initially only be replaced or repaired.
Legal guarantees
All Products for sale on the Site benefit from the legal guarantee of conformity (articles L. 217-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing the Customer to return Products delivered that are defective or non-compliant.
Responsibilities
The information available on the Site is published for general information purposes only.
VIVICHICOT is concerned with disseminating complete and accurate information but cannot guarantee the accuracy, precision or completeness of the information made available on the Site and cannot in any way be held liable for any error or inaccuracy contained on its Site and cannot guarantee that the use of its Site does not infringe the rights of third parties.
VIVICHICOT is committed to ensuring the proper functioning of the Site. However, it cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses.
Any use of the Site is at the User's own risk.
VIVICHICOT cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike of postal services and means of transport and/or communications).
VIVICHICOT shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law.
Intellectual property
VIVICHICOT is the exclusive owner of all intellectual property rights or holds the rights of use relating to both the structure and the content of the Site, including trademarks, texts, images, graphics, logos, icons, sounds, videos, software, etc.
These Terms and Conditions of Use do not transfer any intellectual property rights to the User, either in the structure or the content of the Site, including the trademarks, logos, designs, and models of VIVICHICOT. Therefore, the User agrees not to use any elements of the Site in a way that infringes upon VIVICHICOT's rights and to ensure that such use does not constitute infringement, unfair competition, or parasitic competition.
Any reproduction, representation, modification, publication, or adaptation, in whole or in part, of the elements of this Site, regardless of the means or process used, is prohibited without prior written authorization. Any unauthorized use of the Site or any of its elements will be considered an infringement and prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code or Articles L.713-2 et seq. of the same Code with regard to registered trademarks.
Mediation
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, VIVICHICOT is a member of the FEVAD (French Federation of E-commerce and Distance Selling) E-commerce Mediator Service, whose contact details are as follows: 60 Rue de la Boétie – 75008 Paris ( www.mediateurfevad.fr ). After the Customer has first contacted VIVICHICOT in writing, the Mediator Service may be contacted for any consumer dispute that has not been resolved. The procedures for contacting the Mediator are detailed on the FEVAD website.
Personal data
The personal data collected on the Site will be processed electronically.
The Site publisher is committed to protecting the confidentiality and security of your personal data collected in connection with the Site's activity.
It undertakes to process said data in compliance with applicable regulations such as the law of 20 June 2018 relating to information technology, files and freedoms and the General Data Protection Regulation (GDPR).
Data controller and recipient
The controller of personal data is the company VIVICHICOT, sole proprietorship, registered with the Paris Trade and Companies Register under number 897748802, whose registered office is located at 13 rue du Docteur Heulin – 75017 Paris, France, and whose intra-community VAT number is FR 96897748802.
Personal Data is primarily intended to be used by the Publisher.
Personal data collected
As part of the Site's activity, the Site publisher (hereinafter "the Publisher") may collect the Personal Data transmitted:
directly by the user: title, surname, first name, postal address, country of residence, date of birth, email, username/password, telephone number, bank details, etc.;
or indirectly: data relating to the connection (type of connection used, IP address, mobile phone operator…), to navigation (statistics of pages consulted, activity or inactivity rate…), to the use of services provided by the Site, to interactions with any advertisements offered, to transactions and to billing (order history…).
Purposes of collecting personal data
The collection of Personal Data is carried out for the purposes of the operation of the Site and access to the Site's services (hereinafter the "Services") and in particular for:
user account administration,
the provision and improvement of the Services,
customer relations and the personalization of services,
order management and invoicing operations,
satisfaction surveys,
the creation of statistical analysis data,
the fight against fraud,
Site security.
Rights
In accordance with applicable laws and regulations, each user has the following rights:
Right to inquire: the user has the right to know if their Personal Data is being processed, and in particular what data is being collected, where it comes from, why and by whom it is being processed.
Right of access: The user has the right to access the Personal Data collected from or about them. This includes the right to request and obtain a copy of their collected Personal Data.
Right of rectification: the user has the right to request the rectification of their Personal Data that is inaccurate, incomplete, ambiguous or outdated.
Right to erasure: the user may request that their Personal Data be erased from our records, in the cases provided for by law and regulation and subject to the legal obligations of retention by the Publisher (accounting, taxation, etc.).
Right to limit processing: the user may request the limitation of the processing of their Personal Data in the cases provided for by law and regulation.
Right to data portability: the user has the right to obtain their Personal Data in a machine-readable format or, where technically feasible, in the form of a direct transfer from one controller to another.
Right to withdraw consent: the user has the right to withdraw any consent given for the processing of their Personal Data.
Right to digital legacy: the user has the right to define guidelines (general or specific) regarding the fate of their Personal Data after their death.
Right to object to processing: The user has the right to object, at any time, on grounds relating to their particular situation, to the processing of their Personal Data based on the legitimate interest of the Publisher. In particular, the user has the right to object at any time to the use of their Personal Data for marketing purposes.
To exercise their rights, the user must send their request, accompanied by proof of identity, to the Publisher by email to vivichicot.gmail.com or by post to the address mentioned above.
In the event of a dispute, the user may file a complaint with the National Commission for Information Technology and Freedoms ( www.cnil.fr ), the supervisory authority in charge of compliance with obligations regarding the protection of personal data.
Legality and duration of data retention
To comply with its legal obligations or to have the necessary elements to assert its rights, the Publisher will archive Personal Data under the conditions provided for by the applicable regulations.
The legality of the processing carried out by the Publisher is based on:
either the contract concluded with the user for the purposes of providing the Services;
either the express consent of the user who can withdraw it at any time;
either the legitimate interest of the Publisher (commercial interest, justified, balanced and not infringing on the privacy of the user);
either of the law.
Most Personal Data is kept for a period of 5 years from the last activity of the user on the Site, then archived with restricted access, for an additional period, for specific reasons authorized by law (payment, guarantee, disputes…).
They are then deleted.
Information in case of personal data theft
If, despite all the safeguards implemented by the Publisher and its subcontractors, some Personal Data were to suffer a security breach, the Publisher undertakes to inform users within the legally required timeframes. This legal obligation to inform cannot be interpreted as an admission of liability or negligence on the part of the Publisher or its subcontractors.
Changes to the privacy policy
The Publisher reserves the right to modify this privacy policy at any time, particularly in response to changes in applicable laws and regulations.
Applicable law
These General Terms and Conditions of Sale are governed by French law, regardless of the User's country of residence and the place where the order is placed.
In the absence of an amicable agreement, any dispute will be submitted to the competent French courts.