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Terms of sale

Introduction

Section 1 - Purpose

Section 2 - Products - Prices

Section 3 - Registration and confirmation of orders

Section 4 - Delivery

Section 5 - Guarantees

Section 6 - Payment

Section 7 - Computerization and Individual Freedoms

Section 8 - Miscellaneous

 




Introduction

The website www.voriagh.com (hereinafter the "Site") is an information site and e-commerce site accessible via the Internet, open to all internet users (hereinafter, "Web Surfers"). It is edited by VORIAGH SAS. (hereinafter "Voriagh"), Limited Liability Company with capital of 10.000 Euros, whose registered head office is located at 47 boulevard Henri IV 75004 Paris, registered with the Trade and Companies Registry of Paris under the number 887 143 0001 7 RCS503. In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, please note that the fact of clicking in the box next to the phrase " Please check this box to confirm you have read the Terms and Conditions " after reading them, in the same manner as confirming the order form as described in clause 3.3 below, constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature and stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order. 
The Site enables Voriagh offer for sale clothing and accessories made by Voriagh as well as cultural products (hereinafter the "Products") for all Web Surfers users browsing the Site (hereinafter the "Users"). For the purposes hereof, it is agreed that the User and Voriagh are are referred to collectively as the "Parties" and individually the "Party", and any User who confirms an order is referred to as the "Buyer". The rights and obligations of the User(s) necessarily apply to the Buyer(s).

Any Product ordered via the Site presupposes having read and expressly agreed these terms and conditions of sale by clicking in the box next to the phrase "Please check this box to confirm you have read the Terms and Conditions".These terms and conditions and contractual relations between Voriagh and Buyer are subject to French law. In case of dispute, an amicable solution will be sought before taking any action

In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, adopted in application of Article 1316-4 of the Civil Code and on electronic signatures, It is recalled that ticking the box "Check this box to confirm that you have read and accepted the Terms and Conditions" after reading these terms and conditions, as well as validation of the order as specified in Article 3.3 . below constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the entire order and payment due pursuant to that order.

The User may save or print these Terms and Conditions of Sale, provided they are not modified in any way.

 

 

Article 1 - Purpose

The purpose of these Terms and Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Site.

They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties.

This document is the sole document applicable to the relationship between the Parties ; it cancels and supersedes any other document.

 

 

 




Article 2 - Products-Price

2.1 Products

Products offered for sale by Voriagh are those featured on the Site, on the date when the User consults the Site and insofar as the Products are available in stock.

Should any Product be out of stock, the Buyer will be informed as quickly as possible.

The photographs and texts illustrating the Products are non-contractual. Voriagh cannot be held responsible for erroneous photographs or texts.

2.2 Prices

Prices are quoted in Euros and are valid for the following territories: France, Europe, USA, Africa, Asia and Australia. They include any reductions and French VAT, applicable on the order date.

Any order placed on the site and delivered outside of France will be subject to taxes and customs duties at the destination point. Such customs duties and taxes due on delivery of an article are borne by the Buyer, who assumes the payment obligation.

Voriagh is not obligated to verify and inform the Buyer of any applicable customs duties or taxes.

The prices posted on the Site are guaranteed on the date of order, reserve made for significant changes and, in particular, VAT, manifest printing error or omission.

Voriagh reserves the right, and the User accepts, to change the price at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock.

Article 3 - Registration and Confirmation of Orders




3.1 On-site navigation


The User can view the various Products offered for sale by Voriagh on the Site.

The User may navigate freely on the pages of the Site with no commitment to purchase via an order.




3.2 Order registration

If the User wishes to place, he or she chooses the desired Products and signals his or her interest by clicking on "Put in the Bag".

At any time, the User may: 
- obtain the list of Products selected by clicking on the shopping bag,
- continue or change the selection of Products by clicking on "Return to your bag", 
- the shopping for Products and order those selected by clicking on "Order". 

To order the products the User has chosen, once clicking on "Submit my cart", the User must identify himself/herself by entering his/her e-mail. 

The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his or her identity and consent.

Once the User is identified, the delivery address must be confirmed (as laid down in clause 4 below), then an order form will appear onscreen, restating: the nature, quantity and prices of the User's chosen Products, as well as the total amount of the order, postages charges, the User's personal information and the address for delivering the Products.

3.3 Final Confirmation of the order

After reviewing the order, and once all requested information is provided by the User, a summary of such information and the order will appear, and the User then will choose a payment method and choosing between payment by credit card, payment by paypal or check. 

When a payment is made by credit card, it will be necessary, in order to access the secured payment site, to choose the type of card that the User wishes to make its payment with, in order to confirm definitely their order. The User must then  introduce his credit card number, the type of the card, the expiry date as well as the CVV (last 3 digits on the back of the card). 

By paying immediately via credit or bank debit card, as provided in clause 6 below, the User is automatically transferred to the electronic payment server of the secure electronic payment platform (hereinafter, the "Bank"). The Bank's server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible. At no time the User's banking data are transmitted to the Voriagh's information systems. As a consequence, Voriagh is free from any and all liability in that respect.

If paying with paypal, the User will check the appropriate box to choose "pay by paypal. The buyer will then be immediately directed to secure payment site Paypal, and the User can connect to the own paypal account in order to pay online. The paypal server is also subject of a secure SSL encryption (Secure Socket Layer) to protect more efficiently all data related to payment, and at no time the User's banking data will circulate on the Voriagh's computer system. Voriagh is free from any and all liability in that respect. 

For payment by check, the User will check the box "pay by check". The buyer will then submit, within a week, a check of the total amount to: Voriagh SARL, 29 rue du Faubourg Montmartre, 75009 Paris. If the payment fails to arrive to Voriagh after ten (10) days, Voriagh will contact the buyer. All non-received checks, understand the non-fulfillment of the order. 

In any case the order will be made only when the check will arrive at Voriagh. Delivery times will then correspond to the time indicated above in the descriptions of each product. In any case, the order won't be prepared before receiving the check. 

As soon as payment is validated, the order is placed and becomes irrevocable. The User thus becomes a Buyer. The order form will be registered in the Voriagh information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties.

In accordance with clause 5 below, the Buyer is entitled to retract his or her order and to be reimbursed for a period of eight (8) working days starting from the day of reception of the Products by the Buyer.





3.4 Order Confirmation

A summary order receipt will appear on screen once the order is confirmed.
This serves as confirmation and restates all the information which constitutes the agreement between the two parties.

 

 

 

Article 4 - Delivery

Delivery times and shipping methods: 
Voriagh will do its best to ensure that the order is prepared and dispatched within the periods specified for each item in its description, from the day following the approval by the Buyer.

The delivery time will be one (1) to four (4) days for orders sent by Colissimo Suivi [Tracked Colissimo]. 

In case of absence, a notice of passage is left in the mailbox of the recipient. As of the date stated on the notice of passage, the Buyer has 15 days to pick up his/her parcel at the local post office. The user can track his/her package with www.laposte.fr/colissimo by typing the tracking number of the parcel, which Voriagh will send by email when confirming the dispatch of the order.  


Supplied Country's: 
Metropolitan France, Europe, USA, Africa, Asia, Australia to the address indicated on the order form by the Buyer.

Delay / No Delivery: 
Colissimo Suivi is a very reliable service. However, as for any shipment, it is possible that there could be a delay in delivery or that the product is lost.

 

If there is a delay in delivery (more than 11 days for Colissimo), the Buyer must inform Voriagh customer service: VORIAGH SAS. This may be done by telephone on +33.1.71.27.40.89 or by email to info@voriagh.com. Voriagh transmit information to the French Post Office to trigger the start of an investigation. This may take up to 21 days from the date it was launched. If the product is found during this time, it will immediately be redirected to the address of the Buyer (in most cases). If on the other hand the product is not found after the 21 days of the investigation, the French Post Office will consider the parcel as to be lost. In this case, Voriagh you return a product replacement, at its expense. If this is the case, Voriagh will send you a replacement product at its expense. If the lost product(s) are no longer available at this time, Voriagh will reimburse you for the cost of these products. Voriagh takes no responsibility for extension to delivery times due to the carrier, particularly in cases of loss of products or strikes.

 

Anomalies:

It is essential that any anomaly relating to delivery (damage, non-conformity, product mentioned on the delivery form missing, damaged parcel, broken products, etc.) is noted on the delivery form as “handwritten reservations” accompanied by the signature of the Purchaser. The Purchaser must confirm this anomaly by sending the carrier a Special Delivery letter detailing the said claims within two (2) working days following the delivery date. The Buyer must send a copy of this letter by e-mail or by post to Voriagh.

Return:

For any return to be accepted, prior notification must be given to Voriagh Customer Services. The Purchaser must note the possible anomalies observed (damaged parcel and/or product) on an accompanying letter.

The item must be returned in perfect condition, complete (original packaging, accessories...) and accompanied by a copy of documents sent by mail when the order was placed (invoice).

Reimbursement Methods:

Any reimbursement effected in compliance with the present General Conditions of Sale will take place by mode of payment when ordering.

Fraud Prevention:

In order to protect our clientele from possible fraudsters, Voriagh reserves the right to perform checks on addresses and identity for some orders. The aim of these checks is to verify the compliance between the identity of the cardholder and the identity of the purchaser and his/her billing address. Voriagh wishes to ensure that the client is truly the person placing the order and not a fraudster who has wrongfully obtained these bank details.

 

Article 5 - Guarantees

"Satisfied or your Money Back"

In accordance with article L 121-16 of the French Consumer Code, the Buyer has a period of eight (8) business days to return, at his or her own expense, the Product(s) ordered if, for one reason or another, the Buyer is not satisfied with them. This 8-day period runs from the Product reception date. Voriagh will accept only those Products which have not been worn or washed and which are returned with their label and materials tag intact. The Products must be returned in their packaging and packing of origin to the following address: VORIAGH SAS, 47 boulevard Henri IV - 75004 Paris 

Upon fulfillment of the above conditions, Voriagh will reimburse the amounts paid by the Buyer within ten (10) days starting from the date of reception of the package by Voriagh (date of posting by the Buyer is valid as notice to Voriagh that the Buyer has exercised the right to withdraw his or her order), except return expenses which are borne by the Buyer. In case the Buyer has not subscribed to the "service retour" service proposed by la Poste for deliveries in France, he shall bear return expenses.

Defective Products

If, despite the care taken by Voriagh in preparing orders, a Product has a defect, the Buyer has eight (8) days from date of delivery to return the defective product at his or her expense for exchange or reimbursement. In order to process this claim as quickly as possible, any defect must be clearly notified in the accompanying letter sent with the Products. The package enclosing the completed returns should be returned, postage paid, to the following address: VORIAGH SAS, 47 boulevard Henri IV - 75004 Paris

Any claims made after seven days will be rejected and Voriagh be relieved of all responsibility. 
Upon fulfillment of the above conditions, Voriagh will exchange the defective Product(s) or reimburse the Buyer for defective Product(s), within ten (10) days from the date of reception of the package by Voriagh.

Article 6 - Payment

Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Visa, Eurocard/Mastercard, Paypal or check.
 
However, Voriagh reserves the right to refuse any and all orders or deliveries in the event of (a) surpassing the order thresholds indicated herein, (b) ongoing dispute with the Buyer, (c) Buyer's total or partial non-payment of a previous order, (d) credit or bank card company's refusal to authorize payment, (e) non-payment or partial payment. In all these cases, Voriagh cannot be held liable in any manner.

The bank card transaction is managed between the Buyer's computer and the security system MERCANET by BNP Paribas, Voriagh's partner for online payment is fully encrypted using the SSL (Secure Socket Layer) protection procedures.

 

 

Article 7 - Data Protection

7.1 Personal Informations.

The personal information concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to Voriagh subsidiaries. Any missing information will entail the automatic refusal of the order. 

Pursuant to the Act 78-17 dated 6 January 1978 on data processing, files and individual liberties, any personal information gathered on the Site is registered with the French CNIL (Commission Nationale de l'Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms). The User has a right to access, modify, correct and delete information concerning him or her. To exercise this right, the User must send an email to: info@voriagh.com.

7.2 Cookies

Only "session" cookies are used on the Voriagh website. Such cookies enable the site to keep only data of a temporary nature from the current session (articles selected, time spent on the site, etc). This information is in no manner associated with an individual User’s name and is not saved from one session to the next.

7.3 Web Counter Tags

Certain pages of this website may contain electronic images or "counter tags", that make it possible to count the number of hits on a page.

Such web counter tags can be used with some of our partners, mainly with a view to measuring and improving the visibility of certain pages.

In any event, information gathered by the web counter tags is strictly anonymous and serve only to compound statistics on the number of hits on a given page of the site, in order to better serve our website Users.

 

Article 8 - Miscellaneous




8.1 Responsibilities

The sole obligation of Voriagh Site, concerning Site access, the order process, delivery or later services, is limited to the obligation to provide the means. The Site cannot be held liable for any inconvenience or damage inherent to using the Internet, in particular discontinuation of service, intrusion by an outside party or the presence of computer viruses.

8.2 Force Majeure

In the event of total or partial non-performance by Voriagh of any one of its obligations hereunder, Voriagh shall incur no liability in connection therewith if such non-performance is due to a force majeure event, in particular without limitation in cases of labor unrest or total strike of postal services or shipping and/or communications companies, floods, fires, and generally any event beyond its control.
The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.
Should the force majeure event interrupt services for longer than one (1) month, Voriagh is entitled not fill the order, with the obligation of reimbursing the Buyer, if applicable, within thirty (30) days.

8.3 Partial Invalidity

Should one or several provisions contained in these Terms and Conditions of Sale be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.

8.4 Entirety of Agreement

These Terms and Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.

8.5 Applicable law – Jurisdiction

These Terms and Conditions of Sale and the contractual relationship between Voriagh and the Buyer are governed by the laws of France. In the event of dispute, the Parties shall attempt to settle on an amicable basis prior to bringing any legal action.

 

 

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