terms & conditions

Introduction

Words within these terms and conditions of sale beginning with a capital letter have the meaning that is attributed to them in section 14, hereafter entitled “Definitions”.
These terms and conditions of sale apply to all Products sold by the Company on its Internet site.
Customers of the Company must accept without reservation these terms and conditions of sale as soon as they tick them, by means of an electronic click, prior to placing their order.
These terms and conditions of sale, in addition to the Confirmation of Order constitute a Contract between the Company and the Customer for the supply of the Products.  All other general conditions are non-applicable.
The Contract cannot be modified unless the Company accepts modifying it in writing or by email.
Information contained in advertising, brochures and all other written documents supplied directly by agents or employees of the Company and/or distributed or communicated via any medium and particularly via the internet constitute an invitation to enter into negotiations and do not have any contractual validity.

1.: Identification of the originator of the offer/legal information

VALEUR ABSOLUE S.A. 16 chemin de la combe, 1197 Prangins- CHE-257.823.359, FR63-790-615-686, service.clients:valeurabsolue.com

2. Pre-contractual information

The Customer is advised that all the Products offered for sale on the Internet Site are new products, which conform strictly to European legislation and to the relevant standards in Europe.
No used or second-hand Product is sold by the Company on the Internet Site.
Photographs, drawings and descriptions of products offered for sale are only indicative and do not commit VALEUR ABSOLUE in any way.   Customers are able to obtain more information by contact customer service.
If any error or discrepancy occurs between the product features and their description, then VALEUR ABSOLUE cannot be held responsible.

By ticking the terms and conditions of sale, the Customer understands:
–       that they are the decision maker or have the authorisation of the person paying before making an Order with the Company;
–       that they have familiarised themselves, by means of the information in the general conditions, the information on the main features of the Products that they are ordering; this information is included in the technical leaflet of the Products offered on the Internet Sitewww.valeurabsolue.com;
If the Customer believes that they are not sufficiently competent to choose the Product(s) that is (are) most appropriate for them, they will take it upon themselves to get advice from a Consultant of their choice.   In all circumstances, the Customer has the opportunity to contact the Company by email in order to obtain further information on the Products on the Internet Site.

3. Order

3.1 Placing of the Order

The Customer can only place an order on the internet site.
The Customer must, in order to buy their first product on the VALEUR ABSOLUE Internet Site, open a client account and fill in an order form with certain mandatory fields, which are considered to be essential for the management of the said order and for commercial relations, so that their selection may be put on the account.
Minors cannot open an account.   Data concerning minors must only be collected with parental permission.
The Company advises the Customer that the Order placed on the Internet Site is secure.
The Company also advises the Customer that, if the information entered is incorrect or incomplete (particularly the delivery address), when the order is placed online, there may be mistakes in the implementation of the Order (particularly in its delivery), for which the Company cannot in any situation be held responsible.
The Customer must check very carefully the Product(s) ordered, the quantity ordered, as well as the delivery address for the Order.

3.2 Confirmation of Order

If the Company accepts the Order, a Confirmation of Order addressed to the Customer will be sent via email.
The sale will not be considered definite until the confirmation of the order has been sent to the customer by VALEUR ABSOLUE, specifying the dispatch of the items. Only items dispatched will be debited with the delivery costs.
The Company reserves the right to refuse any Order on the part of a Customer for a legitimate reason, subject to the legislation currently in force.

It also has the right to refuse any order that appears to be abnormal or sent in bad faith.  In addition, the Company will have the right to refuse all orders from a customer with whom there exists a legal dispute concerning payment of a previous order with VALEUR ABSOLUE, or with any other retailer.

3.3 Cancellation of Order

3.3.1 Cancellation of Order by the Company

An Order can be cancelled by the Company if there is:
–       unavailability of the Product(s) ordered for which a Service order has been given;
–       default of payment by the Client in the agreed timescale, of the total Price of the Order, as specified in item 5.1 below.
–       in case of force majeure (in particular : unforeseeable delay in the delivery or defective delivery by suppliers).

In the case of unavailability of the Product(s) ordered
Although the Company will do everything in its power to supply the Products listed on the Confirmation of Order, it may however be impossible to supply the Products ordered to the Customer because, for example, large fluctuations of stock may prevent complete availability.

3.3.2 Cancellation of the Order by the Customer

An order may be cancelled by the Customer if:
–       the Product delivered to the Customer does not conform, according to the conditions specified in item 6.6 below;
–       the Customer decides to exercise his/her legal right of cancellation, as indicated in item 7.1 below;

3.4 Consequences of cancellation of the Order

In the case of cancellation of the Order for the reasons given at 3.3.1. and 3.3.2 above:
–       the monies already paid by the Customer and deposited by the Company shall be reimbursed by a reimbursement to his/her Paypal account or on his/her credit card, without any indemnity or damages or interest, in accordance with the legal conditions in force in the Benelux countries, within thirty (30) days from the day following which the Client placed his/her order;
–       the costs of returning the product are payable by the Customer in accordance with the conditions in article 6 below.

4. Price

4.1 Catalogue price

The retail price of a Product is unreservedly determined by the Company;  it can change at any time, either higher or lower.
The Company will endeavour to communicate as quickly as possible all fluctuations in Price of the Products available for sale, by updating as often as possible the references on the Internet Site www.valeurabsolue.com
In all cases, the Price invoiced to the Customer shall be that which is in force at the time of the Order, and that which appeared on that date on the Internet Site, subject to the products ordered being available at that time.
In case of prolonged inactivity of internet connection, it is possible that the selection of items chosen before this inactivity is no longer guaranteed.  The Customer will be invited to make his/her selection of products again.
The Price is stipulated on the Internet Site and expressed in Euros including all taxes, but excluding the delivery charges.

4.2 Invoices

The total Price of the Order (including tax and VAT), including additional delivery charges as per item 3.1 above, will be shown on the Invoice compiled by the Company following the Confirmation of Order;  the Invoice will be made available to the Customer on the Internet Site, via his/her personal account.

4.3 Retention of ownership

Until actual and final payment of the price, the Company remains the owner of the Product(s) sold. The transfer of ownership is affected once full settlement is made; however, the customer becomes responsible for the items once they are delivered, the transfer of possession comprises the transfer of risks.

5. Payment of Products

5.1 Payment methods

The Customer can pay for the Products by Paypal.  The Customer must pay in euros.
In an attempt to prevent internet fraud, information relating to the Order of a Client may be transmitted to other parties for verification.

All payments made on the Site are assessed and controlled. In order to avoid any delay in the verification process, the Company advises the Customer, as soon as they make an Order, to have:
–       a valid email address
If there is any risk of non-payment on a transaction, the Company reserves the right to cancel the Order.

6. Delivery of Products

6.1 Delivery address

The Company will only deliver the Products to the address indicated on the Order.  The information given by the Customer on the Order must be accurate:  if there is an error in the wording of the address of the delivery destination, the Company cannot be held responsible if the Product(s) cannot be delivered.
Any change of delivery address after payment of the Order cannot be taken into account for the delivery of the Product(s) ordered.   The Customer can, nevertheless, request, at his/her own risk, to change the delivery address with the Transporter.  In this case, the Company cannot be held responsible for any errors in delivery that may occur or loss of the parcel by the Transporter.

6.2 Delivery schedule

The Product(s) is/are normally delivered and/or fulfilled within 3 to 10 working days from the date of the Order (excluding weekends and public holidays)
Delivery may take slightly longer in areas that are difficult to access.

The timescale between registering the order and the initial delivery to the transporter to the address indicated by the client is subject to two factors:
1      the time needed for preparation (24 to 48 hours) = payment, preparation and the order given to the transporter
2      the time needed for delivery of your order by the transporter (48 to 72 hours).  An email is sent to the customer when the order leaves our depot.
The dates of delivery and dispatch are given for information only, without contractual obligation.
However, if there is an abnormal delay in dispatch, an email will be sent to the Customer.

6.3 Part delivery

If a Customer has placed an Order for several Products, and if one or more Products are not available at the date of dispatch of the Order, then only the available products will be delivered at that time.
In this case, the Company will reimburse the Customer the price of the undelivered product.

6.4 Transfer of risks

The risks pertaining to the Products will be transferred as soon as the Products have been delivered.

6.5 Receipt of Products

Delivery will be made by a Transporter and confirmed in either a paper receipt or electronic receipt, called Delivery note, signed by the Customer and/or other addressees indicated by the Customer on the Order.
In case of any damage during transport, or non-conformity with the Order of the Product(s) delivered, which should be brought to the attention of the Company beforehand in the conditions specified in item 7.1 below, the addressee must list very precisely his/her reservations, on receipt of the items, directly on the Delivery note.
In this case, the onus is on the Customer to check the contents, the conformity and the condition of the Product(s), as soon as delivered.
This verification is presumed to have been done as soon as the Customer, or someone authorised by him/her, has signed the Delivery note presented by the Transporter.

A subsequent complaint will only be possible in the case of non-conformity of the Product(s) delivered, made according to the conditions of item 6.6 below.
If any anomalies are noticed by the Company, the Order of the Customer will be cancelled, and the consequences specified in item 3.4above will come into effect, having clarified that no return charges are due by the Customer with regard to the immediate recovery of the Product(s) by the Transporter.
The Customer must place a new Order if he/she would like a new delivery.

6.6 Complaint

If the Products delivered do not conform to the Order (wrong reference), and if the Customer has not itemised his/her reservations on the Delivery note, he/she must, to avoid it becoming null and void, express his complaint to the Company by email within 7 (seven) Working days after the delivery date, specifying:
–       the Order number;
–       the reference(s) and quantity(ies) of the Product(s) ordered;
–       the reference(s) of the Product(s) received – the exact nature of the complaint,
If the defect in conformity is noticed by the Company, the Order of the Customer will be cancelled and the consequences specified in item 3.4 above and 7.2 below will come into effect.
The Customer must place a new Order if he/she would like a new delivery.

7. Right of the customer to return the Products

7.1 Legal right of cancellation

In accordance with the legislation in force in the country of delivery (7), if the Customer is a non-trade consumer and is not satisfied with any one of the Products purchased, he/she can return the Product(s), by contacting  the Company by email only, within 7 Working Days from the date of delivery of the Products(s) (the signature and date on the Delivery note representing the date of delivery).
As long as the 7 (seven) Working Days requirement has been respected, reimbursement to the Customer will be made within thirty days from the date of delivery to the Product(s) in question.
The costs of return (transport) of the Product(s) to be returned will be the Customer’s responsibility. In all cases, reimbursement of the price of the Product(s) ordered, delivered and then returned, will only be made  if the Product(s) returned is/are inspected and judged to be complete and in a good state by the Company.

7.2 Return of Products attributable to a Product delivery that does not conform

In the case of a Product(s) delivery that does not conform, the Customer, having addressed his/her complaint to the Company under the conditions specified in item 6.6 above, can return it/them to the Company if he/she has obtained authorisation under the conditions specified in item 6.6.

8. Guarantee

The products offered by the Company conform to European legislation in force and to the standards applicable in Europe.

9. Responsibility

9.1 If the Customer is a non-trade non professional? private customer, nothing in these general terms and conditions will limit or rule out the responsibility of the Company for negligence of any one of its obligations in terms of legal provisions of public order.

9.2 If the Customer is a trade consumer professional customer:

(1) These general terms and conditions incorporate all the obligations and responsibilities of the Company concerning the supply of Products;
(2) The only obligations and guarantees that are incumbent on the Company are those specifically listed in these general terms and conditions, excluding all other guarantees and/or obligations;
(3) The Company will not be responsible if the Products do not correspond to the needs of the Customer.

9.3 The Company will not be responsible in case of loss of revenue, loss of profits, loss of contracts, loss of data, or for any other damage that is indirect or consecutive, even if it is caused by its mistake (including negligence).

The total responsibility of the Company has an upper limit, whatever the grounds, of the amount paid by the Customer for the Product(s) in question.

10. Force Majeure

The following are the cases that would be particularly considered as force majeure: wars, lock-out, riots, strikes, coups d’état, natural catastrophes, and more generally those that are recognised by the jurisprudence of the courts and tribunals and conform to an unpredictable, uncontrollable and external nature.
The Company will not be held responsible for the non-execution of any of its contractual obligations where this lack of execution is due to a case of force majeure and that this event could not reasonably have been predicted, avoided or overcome.

11. Governing Law – Attribution of competence

These general terms and conditions of sale are governed by Belgian law.
Any contest relating to the interpretation or the execution of them and their development will come under:
–       in the case of litigation with a Customer who is not a retailer, the jurisdiction of the law tribunal in the country of delivery
–       in the case of litigation with a Customer who is a retailer, the exclusive jurisdiction of the Tribunal of Commerce in the district of Vaud  (Switzerland).

12. General clauses

12.1 All the stipulations of these general terms and conditions constitute the full agreement between the Company and the Customer (hereinafter the “Contract”) with regard to its subject, and replace and cancel all previous declarations, negotiations, commitments, oral or written communications, acceptances, agreement, promises between the Parties, relative to the clauses which this contract enforces or anticipates.

12.2 If one or other of the Parties, on one or more occasions does not accept one or more of the clauses of the Contract, this cannot in any situation imply the refusal by this Party, to accept it later.

12.3 If one of the clauses of the Contract proves to be contrary to a governing law or regulation, this clause will be considered to be ruled out, as long as this does not affect the validity of other clauses in the Contract.

12.4 Any modification of the Contract will be the subject of a written supplementary clause agreed between the Parties.

13. Data Protection

On placing his/her Order, the Customer agrees that the Company can capture, process and use the data collected following placing of the Order in order to process the Order.  Some of this information may be transferred to other companies involved in the delivery of the Products.
The Customer agrees that the Company may send him/her mailings by email about its Products and Services.
If the Customer does not wish to receive such information, he/she can request this by email.

14. Definitions

“Company” refers to the Company VALEUR ABSOLUE, the Head Office of which is in Prangins, Switzerland, 16 chemin de la combe CHE-257.823.359, FR63-790-615-686, service.clients@valeurabsolue.com;
“Order” refers to the electronic order form on the Internet Site placed by the Customer in accordance with the clauses of these general terms and conditions;
“Customer” refers to a non-trade non- professional? private consumer who buys Products from the Company (number of products limited to 10 units per order);
“Confirmation of Order” refers to the confirmation of the order which the Company sends to notify the Customer of its acceptance of the Order;
“Non-trade Private Customer” refers to a Customer who buys Products and/ or Services for needs unrelated to his/her professional activity;
“Contract” refers to all the contractual elements included in these general terms and conditions and the Confirmation of Order;
“Invoice” refers to the invoice sent by the Company for the payment of the price of the Products;
“Working Day” refers to all days other than Saturday and Sunday or public holidays;
“Order Number” refers to the number of the order sent by the Company to the Customer;
“Party” refers to the Customer and/or the Company;
“Price” refers to the price of the Product(s) bought by the Customer from the Company, as defined in item 4 of these general terms and conditions;
“Products” refers to the products available on the Internet Site that the Company agrees to deliver in line with these terms and conditions and may include Services;
“Site or Internet Site” refers to our Internet site, accessible at www.valeurabsolue.com and available to receive consumer orders;
“Transporter” refers to any transporter given the task of delivery of the Product(s) ordered, which would in most cases be: UPS Fedex GLS…

15. Contacts

VALEUR ABSOLUE
Email contact: contact@valeurabsolue.com