Terms of uses

Last updated on September 3rd 2019

1. DEFINITIONS

Item or Items : one or more products offered for sale on the Site
Customer : any individual person who is a consumer, as defined by the French Consumer Code (Code de la consommation), or any non-professional legal entity placing an Order on the Site
Order : the act of purchasing one or more Items on the Site
Site : the website published by Vanessa WU, available at https://www.vanessawu.fr

2. SCOPE OF APPLICATION

LThese General Terms and Conditions (hereinafter referred to as the "T&Cs") apply, without limitation or qualification, to all sales made by the company TALARIA, trading as "Vanessa Wu Store" registered with the Paris Commercial Register under number 811488576 and whose registered office is at 38 Rue Servan, 75011 Paris, France (hereinafter "Vanessa WU") to the Customer wishing to purchase Items offered for sale by Vanessa WU on its Site http://www.vanessawu.fr.

Under no circumstances may the Site be used by Customers who are professional sellers, regardless of the way in which their products are marketed.
Any individual person or legal entity wishing to place an Order for commercial purposes should contact the Vanessa WU Sales Department:
- In France and Belgium: by phone on +33 (0) 1 48 11 93 65 or by email to contact@vanessavu.fr
- Rest of the world: by phone on +33 (0) 1 48 11 93 65 or by email to pro@vanessawu.fr, or visit the site for professional distributors at https://pro.vanessawu.fr.

Orders placed for commercial purposes are not subject to these General Terms and Conditions of Sale.
Unless otherwise demonstrated, the data recorded in Vanessa WU computer systems constitutes proof of all transactions with the Customer. .

3. OBJECT

These General Terms and Conditions of Sale are intended to define the contractual relationship between the Customer and Vanessa WU, including the rights and obligations of each party and the conditions applicable to all purchases made through the Site.

By placing an Order, the Customer is deemed to have read and accepted these T&Cs. Clicking the "Proceed to checkout" button implies acceptance of these T&Cs.

These T&Cs prevail over any other document. No conflicting documents may be invoked against Vanessa WU.

4. REQUIREMENTS BEFORE ORDERING

Accessing the Site -The Site is typically available to all internet users at all times, except for any interruption due to maintenance, security or force majeure. Vanessa WU cannot guarantee that the Site is free of irregularities, errors or bugs, or that the Site will operate without failure or interruption.
The Customer must ensure that they have sufficient access to the internet to ensure smooth navigation on the Site. Vanessa WU cannot be held liable for any problems relating to data transmission, connection or unavailability due to the means used by the Customer.

Creating an account - Anyone may create a free customer account at any time. To do this, the Customer must fill in the form under the "Log in" heading. The Customer must ensure that the details provided are accurate and complete, and that their details are updated when necessary.
When creating the customer account, a username and password are assigned to the Customer. These are strictly personal and confidential, and the Customer is responsible for keeping their password secret and not disclosing it to third parties.
Vanessa WU reserves the right to close any account and refuse sale to a Customer, especially in the case of a default of payment on a previous Order.

5. ITEMS

The Items available for sale are those listed on the Site. Offers are valid for as long as they are visible on the Site.

The Items sold on the Site are described as accurately as possible in listings that specify the particular colour, measurements and size of the Item. The photographs of each Item are not contractually binding. The Customer acknowledges that photographs on the Site are not a perfect representation of the product’s appearance. The actual visual impression may differ slightly from that shown in the photograph, particularly with regard to colour. Vanessa WU therefore cannot be held liable in case of a substantial difference between the photograph of the Item ordered and the appearance of the Item delivered.

The Items ordered, including those purchased under promotional offers, are subject to the stock available. The stock remaining is generally displayed before the Item is added to the basket. However, there may be an exception in the case of events affecting the stock, such as flood, fire, theft, or technical glitch. In any event, if one or more Items is found to be unavailable after the Customer has confirmed their Order, the Customer will be informed by email as soon as possible. The Item will then be cancelled and the Customer will be refunded through the same method of payment used when ordering.

6. ORDERING ITEMS

Placing an Order on the Site is subject to compliance with the procedure laid down by Vanessa WU, comprising the successive steps described below.

Selecting the Items - The Customer browses the Site and selects the Items to add to their virtual shopping basket.

Viewing the basket - The Customer may view their virtual basket at any time, particularly before submitting an Order, to ensure that all the Items in the basket are those that they wish to purchase. The Customer may then freely edit the basket contents, with options that include deleting, modifying or adding Items.

Confirming the Order - By clicking the "Order" button, the Customer is redirected to a page containing a summary of their Order, including details of Items, price, quantity, discounts, delivery charges and applicable taxes. The Customer may enter any promotional code that they have in the relevant box and click "OK" to view an updated summary of the Order. By confirming the Order, the Customer accepts the T&Cs, Items, prices and associated costs.

Payment and invoicing - The Customer follows the instructions specific to the payment method selected, in the manner described in section 8. Once the Order has been confirmed and payment accepted by the payment provider, a confirmation email containing a summary of the Order is then sent to the Customer. It also contains the invoice, which is available in the "My Account" area of the Site. If the Customer does not receive an email after placing the Order, they should contact customer service, in line with the procedures described in section 12 of these T&Cs.

7. ITEM PRICES

Prices of Items are displayed in euros for Europe, pounds sterling for the United Kingdom and US dollars for the United States of America, including all applicable taxes, excluding delivery costs, customs duty fees and any other taxes. Customs duty fees and other taxes must be paid to the carrier by the Customer. The prices include VAT and any discounts applicable on the date of the Order.

Vanessa WU reserves the right to change the prices of Items at any time. Items are invoiced based on the rates applicable upon Order confirmation. The prices of the Items invoiced are specified in the Order. Delivery costs are indicated on the Site prior to Order confirmation. The price is payable in full on the date on which the Order is placed.
In case of an error due to an incorrect price or a technical glitch, Vanessa WU reserves the right to cancel the Order.

8. PAYMENT TERMS

By placing an Order, the Customer is bound by a payment obligation. The Order is only final once full payment has been made, including any charges associated with the Order. Payment may be made by credit card (Carte Bleue, Mastercard, Visa or American Express), payment transfer or Amazon Pay.

Payments made in euros by credit card are secured by the Payplug payment system. All the data needed to process the payment is encrypted using TLS (Transport Layer Security). It is not stored on Vanessa WU’s computer servers.
Payplug is a simplified joint stock company (société à actions simplifiées) registered with the Paris Commercial Register under number 751 658 881 and whose registered office is at 23 Rue Jean-Jacques Rousseau, 75001 Paris, France. For more information, visit https://www.payplug.com

Payments made in dollars or pounds sterling by credit card are secured by the Stripe payment system. All the data needed to process the payment is encrypted using TLS (Transport Layer Security). It is not stored on Vanessa WU’s computer servers.
Stripe, Inc. is a US-based company whose registered office is at 3180 18th Street San Francisco, CA 94110, USA. For more information, visit https://stripe.com/

Payments by transfer are secured by the PayPal payment system, PCI DSS-certified (Payment Card Industry Data Security Standard). No data needed to process the payment is stored on Vanessa WU’s computer servers.
PayPal S.à.r.l. et Cie. is a Luxembourg-based private company limited by shares (société en commandite par actions) registered with the Luxembourg Commercial Register under number B118349 and whose registered office is at 22-24 Boulevard Royal, L-2449 Luxembourg. For more information, visit https://www.paypal.com/

Payments by Amazon Pay are PCI DSS-certified (Payment Card Industry Data Security Standard). No data needed to process the payment is stored on Vanessa WU’s computer servers.
Amazon Payments Europe S.C.A. is a Luxembourg-based company registered with the Luxembourg Commercial Register under number B153265 and whose registered office is at 38 Avenue J.F. Kennedy, L-1855 Luxembourg. For more information, visit: https://pay.amazon.fr/

The Customer may save their bank details in their online account. The data will remain encrypted and cannot be accessed or used by third parties.

9. DELIVERY

Delivery, as referred to in these T&Cs, means the sending of the first batch of Items to the delivery address provided by the Customer during the Order process.

The Items are only delivered to countries listed on cette page.

The Customer may choose between several delivery options, depending on the destination country:
- Standard delivery to a designated collection point, carried by Mondial Relay
- Home delivery, carried by Colissimo
- Express delivery, carried by Chronopost
- International delivery, carried by DHL.

The Order will be dispatched within three (3) working days of receipt of payment. The Customer will be informed by email.

Items are delivered to the address indicated by the Customer, provided that the Order is placed no later than the deadline specified in the Order and depending on the delivery method and destination country.
Once the Order has been confirmed, the delivery address cannot be changed. Vanessa WU may not be held liable for any delivery delay or inability to deliver caused by entering an incorrect delivery address.

The Customer may track the delivery of their Order at any time under the "My Orders" option in their online account or via the tracking link sent to them by email.

In any event, Vanessa WU agrees to deliver Orders within a maximum of thirty (30) days from the day after the Order is confirmed.
If Vanessa WU fails to meet this deadline, the Customer may issue a formal demand to Vanessa WU to deliver within a reasonable period. If Vanessa WU fails to comply, the Customer may ask for the Order to be cancelled and their payment refunded.

If Vanessa WU is unable to deliver due to an incorrect delivery address or if the Customer fails to collect the delivery within ten (10) days of it being delivered to the collection point, the package will then be returned to Vanessa WU. The package will not be re-dispatched. The Customer will be refunded the amount paid for the Items ordered, minus the delivery fees paid by Vanessa WU.
Ownership of the Items is transferred from Vanessa WU to the Customer at the time of delivery, i.e. the point at which the Customer takes physical possession of the Items.
The risk is also transferred concurrently. The Items are therefore carried at Vanessa WU’s risk. If the package has been lost or found to be damaged upon receipt, the Customer must notify Vanessa WU as soon as possible.

10. RIGHT OF WITHDRAWAL

In accordance with Article L221-18 of the French Consumer Code, the Customer has fourteen (14) days to exercise their right of withdrawal, without having to provide any reason. This period begins as soon as the Customer receives the Items. If the Order concerns several Items that are delivered separately, this period begins as soon as the Customer receives the final Items.

LThe Customer must notify Vanessa WU if they wish to exercise this right by filling in the
return form.

Vanessa WU will provide the Customer with a prepaid delivery label to return the package by Mondial Relay in France, Belgium, Luxembourg and Spain only.
Outside of these countries, the Customer may return the Items using a carrier of their choice, to the following address:

VANESSA WU STORE - LOT 232
70 avenue Victor Hugo
93300 Aubervilliers
FRANCE

Upon receipt of the package, Vanessa WU will check the returned Items to ensure they are in perfect condition. Exercising the right of withdrawal is subject to the returned Items being in a clean condition appropriate for resale and in their original packaging. Damaged, soiled or incomplete Items will not be accepted. If an Item has been damaged due to handling beyond that which is necessary to establish that the Item is correct and in working order, Vanessa WU reserves the right to refuse the return.
If Vanessa WU does refuse the return, the Items will be returned to the Customer, at the Customer’s expense if appropriate, without any right to any compensation or refund, except for their guarantee rights.

Without any response in the month following the email informing the Customer that the return as been refused, Vanessa WU reserves the right to destroy the damaged item.
For any Item returned without its original packaging but in perfect condition, Vanessa WU reserves the right to charge the Customer €2 (two euros), which will be deducted directly from the refund amount.

This section does not apply in case of Items created according to customer specifications or that have been clearly customised, pursuant to Article L221-21-8 of the French Consumer Code.

11. REFUND

If the right of withdrawal is exercised by the Customer under the aforementioned conditions, Vanessa WU shall refund the Customer for the price of the returned Items plus shipping costs. The Customer is responsible for covering the return costs, unless Vanessa WU arranges carriage by Mondial Relay under the conditions mentioned. Only standard shipping costs are refunded in accordance with Article L221-24 of the French Consumer Code. Any additional costs incurred by using a more expensive delivery method are borne by the Customer.

After checking the products, Vanessa WU shall refund the Customer promptly, within fourteen (14) days of receiving the Items. Unless otherwise requested by the Customer and expressly accepted by Vanessa WU, the Customer will be refunded through the same payment method as the one used for the initial Order.

12. CUSTOMER SERVICE

Vanessa WU endeavors to ensure its Customers are satisfied and provides a customer service department for any information, questions, Order tracking or claims. You can contact us using the contact form on the Site, by telephone on +33 (0) 1 76 58 04 54 or by email at shop@vanessawu.frMonday to Friday from 9 am to 1 pm and 2 pm to 6 pm.

13. LIABILITY AND GUARANTEE

TAll Items are automatically subject by law, without additional payment, to a statutory guarantee of conformity for Items that are seemingly defective, spoiled, damaged or not corresponding to the Order, as well as a guarantee against hidden defects originating from a defect in material, design or manufacture affecting the Items delivered that makes them unfit for use.

In order to claim against the guarantee, the Customer must notify Vanessa WU in writing of the alleged non-conformity of the Item using the contact form on the Site or by email at shop@vanessawu.fr.
SAfter confirming non-conformity or the presence of a hidden defect, Vanessa WU will cover the return costs by sending the Customer a prepaid shipping label. The costs of any return carried out without informing Vanessa WU in advance are borne by the Customer. Customers may then ask Vanessa WU to deliver a replacement Item identical to the one ordered subject to availability, or to be refunded for the price of the Item. The Customer will be refunded through the same payment method as the one used for the initial Order. The initial shipping costs will be refunded, except if only part of the Order is returned.

The following legal provisions apply for all intents and purposes:

Guarantee for hidden defects

Article 1641 of the French Civil Code: “The seller must provide a guarantee in respect of hidden defects of the item sold which render it unfit for the use for which it was intended, or that impair this use, such that the buyer would not have purchased it or would have paid a lower price if he/she had known of it.”

Article 1642 of the French Civil Code: “A seller is not liable for visible defects which the buyer could ascertain for himself/herself.”

Article 1643 of the French Civil Code: “[The Seller] is liable for hidden defects, even if he/she did not know of them, unless he/she has stipulated that he/she would not be bound by any guarantee in that case.”

Article 1644 of the French Civil Code: “In the cases of Articles 1641 and 1643, the buyer has the choice of either returning the item and receiving a full refund or keeping the item and receiving a partial refund.”

Article 1646 of the French Civil Code: “If the seller did not know about the defects in the item, he/she is only liable for refunding the price by reimbursing the buyer for the costs incurred by the sale.”

Article 1648, paragraph 1 of the Civil Code: “Any claims resulting from hidden defects must be brought by the buyer within a period of two years following the discovery of the defect.”

Statutory guarantee of conformity

Article L217-4 of the French Consumer Code: “The seller shall deliver goods in conformity with the contract and is liable for any defects in conformity that are present upon delivery. He/she shall also redress a lack of conformity resulting from the packaging, assembly instructions or installation if he/she is contractually responsible for this or this was carried out under his/her responsibility.”

Article L217-5 of the French Consumer Code: “The item is deemed to conform to the contract if: 1. it is suitable for the use normally expected of a similar item and, if applicable, it matches the description provided by the seller and possesses the qualities that he/she communicated to the buyer by way of a sample or model; it contains the features that a buyer might reasonably expect of it, in view of public statements made by the seller, manufacturer or representative thereof, particularly in advertising or labelling, or; 2. it contains the properties defined by mutual agreement between the parties or is suitable for a particular purpose sought by the buyer, made known to the seller and accepted by the latter.

Article L217-7, paragraph 1 of the French Consumer Code: “A lack of conformity that appears within twenty-four months from delivery of the items is presumed to have existed at the time of delivery, unless it is proven otherwise.”

Article L217-9 of the French Consumer Code: “In case of a lack of conformity, the buyer may choose to have the item repaired or replaced. However, the seller is not obliged to comply with the buyer’s choice if that choice involves a manifestly disproportionate cost in relation to the other option, in view of the value of the item or the magnitude of the defect. [The seller] is then required to proceed with the option not chosen by the buyer, unless it is impossible to do so.”

Article L217-10 of the French Consumer Code: “If it is not possible to repair or replace the item, the buyer may return the item and receive a full refund or keep the item and receive a partial refund. This option is available if: 1. the option requested, proposed or agreed under Article L217-9 cannot be carried out within a month after the buyer brought the claim, or; 2. this option cannot be carried out without great inconvenience to the buyer, given the nature and intended use of the item. However, the buyer may not cancel the sale if the lack of conformity is minor.”

Article L217-11 of the French Consumer Code: “The provisions of Articles L217-9 and L217-10 apply without any cost for the buyer. Those provisions do not preclude the awarding of damages and interest.”

Article L217-12 of the French Consumer Code: “Any claims resulting from a lack of conformity must be brought within two years of delivery of the item.”

14. LIABILITY AND FORCE MAJEURE

Vanessa WU’s obligation is limited to exercising due care towards the Customer at all stages of providing access to the Site and enabling the Customer to place an Order.
By placing an Order on the Site, the Customer acknowledges and accepts the procedures applicable to their online network. The Customer acknowledges that they are responsible for installing an anti-virus and appropriate security software on their computer equipment to protect it from bugs and viruses. Vanessa WU may not be held liable for damage resulting from use of the internet, such as data loss, breach, virus, interruption of service or other unintended problems.

Vanessa WU cannot be held liable for non-performance or improper performance of the contract in case of a breach of any of its contractual obligations resulting from acts of God or force majeure, as defined in French case law. In particular, Vanessa WU may not be held liable for any failure or delay in processing an Order caused by a force majeure event.
Force majeure is an external event, which cannot be foreseen, prevented or stopped. This includes, but is not limited to, total or partial strike, riot, boycott or other industrial action, commercial litigation, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, transport or supply blockade for any reason whatsoever, earthquake, fire, storm, flood, water damage, computer failure and telecommunications failure whether wired or wireless.
Vanessa WU shall notify the Customer as soon as possible after a force majeure event occurs. The application of these T&Cs will be suspended for as long as the force majeure event occurs, and all performance and delivery deadlines will be extended accordingly.

15. INTELLECTUAL PROPERTY

TAll content on the Site, whether visual or audio, remains the exclusive property of Vanessa WU and is protected by copyright and the provisions relating to trademark law under French and international law. Total or partial reproduction of the Site or any or all of its content is strictly prohibited without the express prior written approval of Vanessa WU. Non-compliance with this obligation constitutes a breach, for which its author may be held liable.

16. PERSONAL DATA AND COOKIES

Personal data and cookies on the Site are treated in accordance with Vanessa WU Privacy Policy, available here.

17. PROVISIONS OF THE GENERAL TERMS AND CONDITIONS OF SALE

Contract entirety - These General Terms and Conditions of Sale (T&Cs), together with the Order confirmation, form a contract and constitute the entirety of the contractual relationship between the parties. In the event of a contradiction between these documents, these T&Cs prevail.

Severability - If one or more provisions of these T&Cs are deemed to be void or non-compliant with an applicable lawful, regulation or competent court ruling, this does not affect the validity of the remaining provisions, which remain in full force and effect.

No-waiver - No failure to insist on compliance, failure to act or delay by Vanessa WU may be construed as a waiver of its rights under these T&Cs.

Amendment - Vanessa WU strives to comply with the applicable regulations. As such, it reserves the right to modify these T&Cs in line with any legislative developments. Any amendments made will apply as soon as they are published online. Only the T&Cs published on the Site on the date of placing the Order apply to that Order.

18. APPLICABLE LAW AND DISPUTE RESOLUTION

These T&Cs are governed by and subject to French law.

These T&Cs were first drafted in French. In case of dispute, the French text prevails over this and any other translation.

If a complaint cannot be resolved amicably by Vanessa WU’s customer service, and after the Customer has informed Vanessa WU in writing in advance, the mediation service may be contacted for any consumer dispute that cannot be resolved.
In accordance with Article L612-1 of the French Consumer Code, the Customer may use the free mediation service MEDICYS, of which Vanessa WU is a member. The mediation service can be contacted online at
https://medicys.fr/ or by post to Médicys, 73 Boulevard de Clichy, 75009 Paris, France.

19. LEGAL INFORMATION

TALARIA is a limited liability company (société à responsabilité limitée) with capital of €10,000, registered with the Paris Commercial Register under number 811488576 and whose registered office is at 38 Rue Servan, 75011 Paris, France.


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