General conditions of use and sales

Legal notices

This website www.vivichicot.com (the “Site”) is hosted by the company WIX and published by the company VIVICHICOT, a sole proprietorship, registered in the Paris Trade and Companies Register under number 897748802, whose head 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 reached at vivichicot@gmail.com or at 06 79 56 17 79 .

Object

These general terms and conditions of use and sale (the “GTCU”) 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 T&Cs.

VIVICHICOT reserves the right to modify the T&Cs at any time. The modification will take effect immediately upon posting the T&Cs online.

Products

The site offers for sale online training courses, crystals and customizable items. The crystals are packaged by hand in France. The customizable items are hand-made with rhinestones, custom-made, to order, in our French workshop.

The products governed by these T&Cs are those which appear on the Site (the “Products”).

The Products are offered within the limits of available stocks. The Site does not guarantee that the 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 with the greatest possible accuracy. However, the Site does not guarantee that the colors, features, specifications and details of the Products will be accurate, complete, reliable, current or free of other errors, and Users' digital display may not accurately reflect the actual colors and details of the Products.

The colours and sizes of the crystals supplied in each pack depend on available stock.

The images are not contractual, they are a presentation suggestion.

Prices are displayed in euros including tax.

Delivery costs and terms are indicated on each item page.

Price

The prices of the Products are indicated in Euros including all taxes, including the applicable VAT (20%).

The prices of the Products are exclusive of delivery costs (shipping, packaging and preparation of the package according to the amounts in force). The amount of the delivery costs will be specified before validation of the order.

The prices of the Products may be modified at any time. However, a price cannot be modified once the order has been validated.

Order

The Customer has the possibility of placing his order from the catalog 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.).

Any order constitutes acceptance of the prices and descriptions of the Products available for sale.
When the basket is validated, the Customer will have to 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 invited to check their “junk mail” folder or contact the Site’s customer service.

In the event of unavailability of an ordered Product, the Customer will be informed by e-mail. The cancellation of the order for this Product and its possible refund will then be carried out, the remainder of the order remaining firm and final.

For any questions relating to the tracking of an order, Customers can contact the Site by e-mail at vivichicot@gmail.com .

Payment Terms

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 could be set up by vivichicot.

Delivery of Products is made in France, Europe, and the United Kingdom.

The details of delivery costs and times are specified on the description sheet of each product available on the Site.

Delivery times are given for information 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 costs of this delivery will be invoiced to the Customer.

International deliveries are subject to the destination country's import fees, duties, taxes or charges. These fees are set by the government of that country, in accordance with import/export regulations and charged by the carrier. VIVICHICOT is not responsible for these duties, taxes or other fees.

If a package is returned because a Customer refused to pay the import taxes or customs duties due, the package refund will not include the shipping and return costs.

When the order is sent, the Customer will receive an email allowing them to track the package.

Return of products

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 the undamaged Products, without having to provide reasons or pay a penalty.

All Products may be subject to withdrawal, 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 reasons of hygiene.

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 his wish to withdraw by sending his request by e-mail to the following address: vivichicot@gmail.com , specifying the order number in the subject of the e-mail.

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 a return label. Return shipping costs are the responsibility of the Customer. Taxes or duties on international deliveries are not refundable.

VIVICHICOT undertakes to refund the price of the Product but no delivery costs upon receipt of the Product. After verification and approval of the condition of the Product, the refund will be made via the payment method used when the order was returned and a confirmation email will be sent to the Customer.

Exchange

The Customer also has the possibility to request an exchange, within fourteen (14) days from receipt of the Product. Products sent for exchange without prior notification and outside their original packaging will not be accepted.

Only exchanges with an equivalent Product will be accepted. Exchanges of Products that have been personalized at the request of the Customer and Crystals, for reasons of hygiene, are not authorized.

The costs of returning the Product are the responsibility of the Customer.

Non-compliant product

The Customer must check the Product at the time of delivery and in the event that the Product delivered is non-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 on legal guarantees will apply. Thus, the Product delivered non-compliant may only be subject, initially, to replacement or repair.

Legal guarantees

All Products on 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 as 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 under any circumstances be held responsible in the event of an 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 undertakes to ensure 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 a service outage, external intrusion or the presence of computer viruses.

Any use of the Site is at the User's own risk.
VIVICHICOT cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in the event of a total or partial strike, in particular of postal services and means of transport and/or communications).

VIVICHICOT shall not be liable in the event that the failure to perform 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 usage rights relating to both the structure and the content of the Site, in particular the brands, texts, images, graphics, logos, icons, sounds, videos, software, etc.

The T&Cs do not entail the transfer of any intellectual property rights to the User, either on the structure or the content of the Site, including the trademarks, logos, designs and models of VIVICHICOT. Thus, the User undertakes not to use the elements of the Site in such a way as to infringe the rights of VIVICHICOT and that this use does not constitute an infringement or an act of unfair or parasitic competition.

Any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, whatever the means or process used, is prohibited without prior written authorization. Any unauthorized use of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code or Articles L.713-2 et seq. of said Code with regard to registered trademarks.

Mediation

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, VIVICHICOT adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue de la Boétie – 75008 Paris ( www.mediateurfevad.fr ). After a prior written approach by the Customer to VIVICHICOT, the Mediator Service may be contacted for any consumer dispute that has not been resolved. The terms and conditions for contacting the Mediator are specified on the FEVAD website.

Personal data

Personal data collected on the Site will be subject to computer processing.

The publisher of the Site undertakes to protect the confidentiality and security of your personal data collected as part of the Site's activity.

It undertakes to process said data in compliance with applicable regulations such as the law of June 20, 2018 relating to information technology, files and freedoms and the General Regulation on the Protection of Personal Data (GDPR).

Data controller and recipient

The person responsible for processing personal data is the company VIVICHICOT, a sole proprietorship, registered in the Paris Trade and Companies Register under number 897748802, whose head 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 publisher of the Site (hereinafter "the Publisher") may be required to collect the Personal Data transmitted:

directly by the user: title, surname, first name, postal address, country of residence, date of birth, e-mail, username/password, telephone number, bank details, etc.;
or indirectly: data relating to the connection (type of connection used, IP address, mobile telephone operator, etc.), to navigation (statistics of pages consulted, activity or inactivity rate, etc.), to the use of the services provided by the Site, to interactions with any advertisements offered, to transactions and to invoicing (order history, etc.).

Purposes of collecting personal data

The collection of Personal Data is carried out for the purposes of operating the Site and accessing the Site's services (hereinafter the "Services") and in particular for:

administration of user accounts,
the provision of the Services and their improvement,
customer relations and personalization of Services,
management of orders and invoicing operations,
satisfaction surveys,
the production of analysis statistics,
the fight against fraud,
the security of the Site.

Rights

In accordance with current legislation and regulations, each user has the following rights:

Right to query: the user has the right to know whether his Personal Data is processed, and in particular what data is collected, where it comes from, why and by whom it is processed.
Right of access: the user has the right to access the Personal Data collected from or about him/her. This includes the right to request and obtain a copy of his/her Personal Data collected.
Right of rectification: the user has the right to request the rectification of his Personal Data that is inaccurate, incomplete, ambiguous or outdated.
Right to erasure: the user may request that their Personal Data be erased from our files, in the cases provided for by legislation and regulations and subject to the legal retention obligations of the Publisher (accounting, taxation, etc.).
Right to limit processing: the user may request the limitation of the processing of his Personal Data in the cases provided for by legislation and regulations.
Right to portability: the user has the right to obtain his Personal Data in a machine-readable format or, if possible, in the form of a direct transfer from one data controller to another.
Right to withdraw consent: the user has the right to withdraw any consent given for the processing of his/her Personal Data.
Right to digital inheritance: the user has the right to define guidelines (general or specific) relating to the fate of their Personal Data after their death.
Right to object to processing: the user has the right to object, at any time, for reasons relating to his particular situation, to the processing of his Personal Data having as legal basis the legitimate interest of the Publisher. In particular, the user has the right to object at any time to the use of his Personal Data for commercial prospecting purposes.

To exercise his rights, the user must send his request, accompanied by proof of identity, to the Publisher by email to the address vivichicot.gmail.com or by post to the address given above.

In the event of a dispute, the user may file a complaint with the National Commission for Information Technology and Civil Liberties ( www.cnil.fr ), the supervisory authority responsible for ensuring compliance with obligations regarding the protection of personal data.

Legality and duration of data retention

To meet its legal obligations or to have the elements necessary 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 results from:

either the contract concluded with the user for the purposes of providing the Services;
either the express consent of the user who, at any time, may withdraw it;
either the legitimate interest of the Publisher (commercial interest, justified, balanced and not infringing on the user's privacy);
either of the law.

Most Personal Data is kept for a period of 5 years from the user's last activity on the Site, then archived with restricted access, for an additional period, for specific reasons authorized by law (payment, warranty, disputes, etc.).

They are then deleted.

Information in case of theft of personal data

If, despite all the protections implemented by the Publisher and its subcontractors, some of the Personal Data suffers a security breach, the Publisher undertakes to inform users within the legal time limits in force. This legal information obligation cannot be interpreted as an acknowledgement of liability or negligence on the part of the Publisher or its subcontractors.

Modification of the privacy policy

The Publisher reserves the right to modify this confidentiality policy at any time, in particular in application of changes made to the laws and regulations in force.

Applicable law

These T&Cs are subject to 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.