Terms of Sales
Last updated on October 31st 2024
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
These 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 by phone on +33 (0) 1 48 11 93 65 or by email to contact@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 "Order" 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.
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 "Proceed to payment" 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 "Apply" 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, 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) or payment transfer.
Payments made by credit card or via Bancontact 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 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/.
Deferred payments or payments made in several installments by credit card are secured by the Alma 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. For any payment of an Order in several installments or deferred payment, the Customer accepts the general customer conditions of Alma as well as the special Alma conditions for the customers of Vanessa WU.
Alma is a simplified joint stock company (société à actions simplifiées) registered with the Nanterre Commercial Register under number 839 100 575 and whose registered office is at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, France. For more information, visit https://getalma.eu/.
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.
Payments by credit card over 30€ are authenticated using the 3-D Secure system. After the validation of his bank details, the Customer will have to confirm his identity via a double authentication (the factors are defined by his bank). This could be a code received by text message, a one-time password generated via an app, or a notification received on his bank's application. In this case, the Customer will be able to identify himself using a password, his fingerprint, or a facial recognition system. Once authentication has been validated, the order is finalized: the Customer will receive a confirmation email. For any questions regarding 3-D Secure, the Customer is invited to contact his bank directly.
To prevent any fraudulent payments, Vanessa WU reserves the right to verify the personal information given by the Customer and to adopt any measures deemed necessary to ensure that the person whose bank account is being debited is the same person who placed the order.
If the Customer fails to respond to such a request within two (2) days, Vanessa WU will cancel and refund the Order.
Vanessa WU is also entitled to directly cancel an Order that presents one or more risk factors of fraudulent bank card use, or an Order placed by a Customer with whom there is a dispute relating to the payment of a previous Order.
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 this 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.
Any problem concerning the delivery (parcel not found, parcel damaged or opened, etc.) or the Articles (Article missing from the purchase order, degraded Article, etc.) must be notified to Vanessa WU within three (3) days of the delivery date indicated by the carrier.
For any delivery made by the carrier Chronopost, in the event of a delivery dispute, the Customer must provide a sworn statement of non-receipt as well as a complaint for theft, all pages of which must be transmitted to Vanessa WU.
For any delivery to a pick-up point, the Customer must check the contents of the package as well as the condition of the Articles before signing any delivery slip (paper or electronic). The Customer is expected to refuse the parcel in case he estimates that it is damaged during delivery, so that the parcel will be sent back to Vanessa WU. The Customer must therefore notify Vanessa WU of the problem encountered.
All Articles displayed on the Vanessa Wu Site are subject to the legal guarantee as described in the French Civil Code beginning at article 1641 (refer to article 13 “Liability and guarantee” of these General Terms and Conditions). However, Vanessa WU cannot be considered as responsible for misuse of the Articles.
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. Vanessa WU extends this legal period to thirty (30) days to give the Client the time necessary for deciding. 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.
The Customer must notify Vanessa WU if they wish to exercise this right by making a return request via the Return Portal. The Customer can access the Return Portal from his account in the “My orders” section, or directly from the Returns explanatory page.
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:
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.
A fee of two (2) euros will be invoiced to the Customer to proceed with the return of his package, 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 customized, 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. In the event that the Customer refuses to pay any customs fees or taxes applied by the carrier during delivery outside the European Union, the package will then be returned to the sender. The delivery costs will remain the responsibility of the Customer and will then be deducted from the amount of the refund of the order.
After checking the products, Vanessa WU shall refund the Customer promptly, within fourteen (14) days of receiving the Items.
The refund will be made via the same payment method used for the initial order.
When the returned Item(s) have been paid for in full with an E-gift card or Physical gift card, the refund is made to the E-gift card or Physical gift card used for the purchase. The E-gift card or Physical gift card thus recredited is valid for a period of one year from the date on which it was recredited. When the returned Item(s) have been partially paid with an E-gift card or Physical gift card, the refund is made to this E-gift card or Physical gift card up to the amount paid with this payment method, the balance being reimbursed via the other payment method(s) used by the Customer.
If the resquest was made when exercising their right of withdrawal, and subect to Vanessa WU's approval, the Customer may benefit from a credit instead of a refund. This possibility is however not offered to the Customer when the returned Item(s) have been paid, partially or totally, with an E-gift card or Physical gift card.
When the returned Item(s) have been paid in full with a credit note, the refund is made using a new credit code. When the returned Item(s) have been partially paid with a credit note, the refund is made via a new credit note up to the amount paid with this payment method, the balance being refunded via the other methods of payment used by the Customer.
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.fr, Monday to Friday from 9 am to 1 pm and 2 pm to 6 pm.
13. Liability and guarantee
All 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. The Customer must provide a picture and/or a video showing distinctly the defect of the Item he mentions to obtain the confirmation of a non-conformity or presence of a hidden defect.
After 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
All 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.
For any information, claims or questions relating to the Vanessa WU conditions of sale, the Customer should contact the Site’s customer service department, via the contact form or by email to shop@vanessawu.fr providing an order reference number if applicable.
In accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes, the Customer is entitled to use a consumer mediator free of charge (with the exception of any lawyers' fees or expert witness fees) for the purpose of an amicable resolution of a dispute against Vanessa WU.
Vanessa WU is registered with the FEVAD (Federation of e-commerce and distance selling) e-commerce mediation service, whose details are as follows: FEVAD consumer mediator - BP 20015 - 75362 PARIS CEDEX 8 or http://www.mediateurfevad.fr. 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. To find out about the mediation procedure, click on the following link: https://www.mediateurfevad.fr/index.php/espace-consommateur/.
The European Commission’s online amicable settlement platform has been available to the public since 15 February 2016. Any consumer in dispute with a business located within the European Union may apply for mediation through this platform. For more information, the Customer can consult the European Commission’s website for consumer dispute resolution: https://ec.europa.eu/consumers/odr/main/.
19. Legal information
TALARIA is a simplified single shareholder company (société par actions simplifiée unipersonnelle) 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.
