Terms of sale
General Terms and Conditions of Sale
Between the company Bonnet Ecom (ventea.fr),
7 rue les bords du lac, 91080, Evry-Courcouronnes,
registered with the Trade and Companies Register of Evry,
under registration number SIRET 95198184400016,
represented by Mr. Jean-Charles CHAMBONNET (sole proprietorship),
acting as the manager,
duly authorized for the purposes herein.
The company can be contacted via email by clicking on the contact form accessible through the homepage of the website.
Hereinafter referred to as the "Seller" or the "Company".
On the one hand,
And the individual or legal entity making purchases of products or services from the company,
Hereinafter referred to as the "Buyer" or the "Customer",
On the other hand,
It has been set forth and agreed as follows:
PREAMBLE
The Seller offers the following products: high-tech, beauty, telephony, children's items, pet items, shoes, clothing, etc., to consumers, marketed through its website (www.ventea.fr). The list and description of goods offered by the Company can be viewed on the aforementioned website.
Article 1 : Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of online sales of Products offered by the Seller.
Article 2 : General Provisions
These General Terms and Conditions of Sale (GTC) govern the sales of Products made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address: www.ventea.fr
The Company also ensures that their acceptance is clear and unconditional by implementing a checkbox and a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions of Sale related to a product, and accept them without restriction or reservation.
The Customer acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs.
The Customer declares that they are legally capable of contracting under French laws or validly representing the individual or legal entity for which they are committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Prices
The prices of products sold through the website are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in Euros all taxes included (VAT + any other applicable taxes) on the product order page, excluding specific shipping costs. For all products shipped outside the European Union and/or Overseas Departments and Territories (DOM-TOM), the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). In this regard, the Seller advises the buyer to inquire about these aspects from the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's website are the responsibility of the Customer. Also, if applicable, the delivery costs.
Article 4 : Conclusion of the Online Contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place an order: - Information about the essential characteristics of the Product; - Choice of the Product, if applicable, its options - Indication of the essential contact details of the Customer (identification, email, address, etc.); - Acceptance of these General Terms and Conditions of Sale - Verification of the elements of the order (double-click formalities) and, if necessary, correction of errors. Before proceeding with confirmation, the Buyer has the opportunity to check the details of the order, its price, and correct any errors, or cancel the order. The confirmation of the order will constitute the formation of this contract. - Then, follow the instructions for payment, payment for the products, and then delivery of the order. The Customer will receive confirmation by email of the payment for the order, as well as an acknowledgment of receipt confirming the order. They will receive a .pdf copy of these general terms and conditions of sale.
The customer will have the possibility during the ordering process to identify any errors made in data entry and correct them. The proposed language for the conclusion of the contract is French.
The terms of the offer and the general terms and conditions of sale are sent by email to the buyer during the order and archived on the Seller's website. If applicable, the professional and commercial rules to which the offeror intends to submit are available in the "additional rules" section of these GTC, accessible on the Seller's website at the following address: www.ventea.fr
The archiving of communications, the order, order details, as well as invoices, is done on a reliable and durable medium to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be used as proof of the contract.
For delivered products, the delivery will be made to the address provided by the Customer. For the proper fulfillment of the order, the Customer undertakes to provide accurate identification information. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.
Article 5 : Products and Services
The essential characteristics of the goods and their respective prices are made available to the buyer on the company's website, as well as, if applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, display, or any other appropriate means, of the prices and specific conditions of sale and execution of the services before any conclusion of the sales contract. In any case, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in effect indicated on the day of the order, this price does not include additional shipping costs. Any such charges are indicated to the Buyer during the sales process and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time while guaranteeing the application of the price indicated at the time of the order. When products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer confirms having received a detailed breakdown of the delivery costs as well as the payment, delivery, and execution terms of the contract, as well as detailed information regarding the seller's identity, postal, telephone, and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfill the Customer's order within the limit of the available Product stocks only. Failing that, the Seller informs the Customer; if the order has been placed and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.
The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts proposed when they concern the continuous or periodic supply of products. Except for specific conditions, the rights granted under these terms and conditions are only for the individual signing the order (or the person holding the provided email address).
Article 6 : Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC comply with the applicable requirements relating to the safety and health of individuals, the fairness of commercial transactions, and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for product conformity defects and hidden defects.
In accordance with Article L.217-4, the seller delivers a product that is in conformity with the contract and is responsible for conformity defects that exist at the time of delivery. The seller is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these were their responsibility under the contract or were carried out under their responsibility.
In accordance with legal provisions regarding conformity and hidden defects (art. 1641 of the Civil Code), the Seller refunds or exchanges defective products or products that do not correspond to the order (Satisfied or refunded within 30 days).
Article 7 : Retention of Title Clause
The products remain the property of the Company until full payment of the price.
Article 8 : Delivery Terms
The products are delivered to the delivery address provided during the order and within the specified time frames. These time frames do not include the order preparation time. In certain cases, when delivery requires scheduling with the Customer or when the Customer orders multiple products simultaneously, they may have different delivery times, which will be processed according to the following procedures. In case of shipment delay. In case of delivery delay, the Customer has the option to terminate the contract under the conditions and modalities defined in Article L 216-2 of the Consumer Code. The Seller will then refund the product and the "outbound" costs under the conditions specified in Articles L216-3 and L241-4 of the Consumer Code. The Seller provides a telephone contact point (at the cost of a local call from a landline) as indicated in the order confirmation email to ensure order tracking. The Seller reminds that at the moment the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 9 : Availability and Presentation
In case of unavailability of an item for a period exceeding 30 working days, you will be immediately informed of the expected delivery times, and the order for this item can be canceled upon request. The Customer can then request a credit for the amount of the item or a full refund and cancellation of the order.
Article 10 : Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can make the payment by credit card or bank check. Cards issued by banks located outside of France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider. The transmitted information is encrypted and cannot be read during transport over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their bank details during the sale, the Customer authorizes the Seller to debit their card for the amount related to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error or inability to debit the card, the Sale is immediately terminated by operation of law, and the order is canceled.
Article 11 : Withdrawal Period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within a period of fourteen (14) days from the date of receipt of their order.
The right of withdrawal and the refund procedure can be exercised by contacting the Company as follows:
-
Log in to your personal account (requires registration).
-
Choose the product, indicate the right of withdrawal, and request a refund.
-
Ship the product at your own expense (the exact address will be provided later), along with a copy of the invoice and the return slip.
-Upon receipt of the package, after verification, the refund will be made via the same payment method used on the day of the order (e.g., credit card), within 48 to 72 hours.
In case of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and shipping costs will be refunded, with return costs being borne by the Customer. Product returns must be in their original and complete condition (packaging, accessories); they must be accompanied by a copy of the purchase receipt. The right to a refund may be denied in case of product damage.
Refund Procedure for Large Purchases:
Either contact customer service (email, phone, mail) for an estimate of the return costs to be borne by you through a carrier. Or the customer finds a carrier themselves for shipment at their own expense.
Article 12 : Guarantees
In accordance with the law, the Seller provides the following guarantees: conformity and hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows: through their personal account, by email, phone, or mail.
The Seller reminds the consumer that they: have a period of 2 years from the delivery of the product to contact the Seller; can choose between the replacement and repair of the product, subject to the conditions provided by the aforementioned provisions, for products that are apparently defective or do not correspond; are not required to provide proof of the existence of the product's non-conformity for the first six months following its delivery; for non-used products, this period will be extended to 24 months starting from March 18, 2016; can also invoke the warranty against hidden defects in the sold item as per Article 1641 of the Civil Code, and in this case, they can choose between canceling the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).
Article 13 : Complaints and Mediation
If necessary, the Buyer can lodge any complaints by contacting the company using the following contact information (icommercial.ventea@gmail.fr or on ventea.fr).
In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code.
In case of failure of the complaint request to the Seller's customer service, or in the absence of a response within a period of two months, the consumer can submit the dispute to a mediator who will try, independently, to reconcile the parties in order to achieve an amicable solution.
Article 14 : Contract Termination
The order can be terminated by the buyer by registered letter with acknowledgment of receipt in the following cases: - delivery of a product that does not conform to the characteristics of the order; - delivery exceeding the deadline set during the order or, in the absence of a date, within thirty days following the payment; - unjustified price increase or modification of the product. In these cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15 : Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification, or use of these assets for any reason is strictly prohibited.
Article 16 : Force Majeure
The performance of the seller's obligations under these terms and conditions is suspended in the event of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17 : Nullity and Modification of the Contract
If any provision of this contract is deemed null, this nullity shall not affect the validity of the other provisions, which shall remain in effect between the parties. Any contractual amendment is valid only after a written and signed agreement by the parties.
Article 18 : Personal Data Protection
In accordance with Regulation 2016/679 of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data, the Seller implements the processing of personal data for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, if applicable, the representative of the data controller: the Seller, as indicated at the top of these GTC; - the legal basis of the processing: contractual performance - recipients or categories of recipients of personal data, if they exist: the data controller, its marketing services, IT security services, the sales, delivery, and order services, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - data retention period: for the duration of the commercial prescription - the data subject has the right to request from the data controller access to personal data, rectification, or erasure of such data, or restriction of processing concerning the data subject, or the right to object to processing and the right to data portability - the data subject has the right to lodge a complaint with a supervisory authority - the information requested when placing an order is necessary for invoicing and the delivery of the ordered goods; otherwise, the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.
Article 19 : Applicable Law and Clauses
All clauses in these general terms and conditions of sale, as well as all purchase and sale transactions mentioned herein, shall be governed by French law.
The nullity of a contractual clause does not invalidate these general terms and conditions of sale.
Article 20 : Consumer Information
For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects of the item sold that render it unfit for the intended use, or that diminish this use to the extent that the buyer would not have acquired it or would have given it a lesser price if they had known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.
Article L. 217-4 of the Consumer Code: The seller delivers an item in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for conformity defects resulting from packaging, assembly instructions, or installation, when it was their responsibility under the contract or was carried out under their responsibility.
Article L. 217-5 of the Consumer Code: The item is in conformity with the contract if it is suitable for the usual use of a similar item and, if applicable:
- it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller, and which the seller has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from a lack of conformity is time-barred after two years from the delivery of the item.
Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable item, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or the availability of the item for repair, if this availability occurs after the request for intervention.
