General Terms and Conditions of Sale
Article 1 - GENERAL PROVISIONS
These general terms and conditions apply to all products sold by Valrupt TGV Industries on its website www.traditiondesvosges.com. Accordingly, any product supplied by Valrupt TGV Industries implies the customer's unreserved acceptance of these general terms and conditions of sale, to the exclusion of any catalog, brochure, or other advertising document, which are for indicative purposes only. The general terms and conditions set out in particular the conditions for ordering, payment, delivery, and management of customer returns.
Contractual information is governed by French law and is presented in French, and will be confirmed by the customer during the online purchase process. Valrupt TGV Industries reserves the right to cancel any order from a customer with whom there is a payment dispute, without the customer being entitled to any compensation whatsoever.
Valrupt TGV Industries reserves the right to modify these general terms and conditions of sale at any time.
Article 2 - IDENTIFICATION
Valrupt TGV Industries
14 rue de la Libération
B.P 40015
88360 Rupt-sur-Moselle
S.A.S. with capital of 590,000 euros - APE code 1392 Z
Registered with the Épinal Trade and Companies Register (RCS) under number 389589482
Intra-Community VAT number: FR 35389589482
Website: www.traditiondesvosges.com
Phone: 03.29.23.60.60
Article 3 - GENERAL DESCRIPTION OF PRODUCTS
Valrupt TGV Industries provides customers with the essential characteristics of the goods ordered, namely a general description of the product, including its specific features, dimensions, and material and finish details. Valrupt TGV Industries reserves the right to modify or change the products presented in the catalog without prior notice. The choice and purchase of a product are the sole responsibility of the customer. Qualitative characteristics are listed alongside each item when presented on the site. Photographs and characteristics illustrating the products offered on the website are for indicative purposes only. Valrupt TGV Industries shall in no event be held liable for any errors. Photos are not contractually binding.
Article 4 - PRICES
The sale prices of products listed on www.traditiondesvosges.com are in Euros, inclusive of all taxes and exclusive of delivery charges. Valrupt TGV Industries reserves the right to modify the prices shown on its site at any time and without notice. Products ordered will be invoiced based on the rates in effect at the time the order is recorded, subject to availability at that date and to any typographical or printing errors. The customer will always be informed, before the order is finally recorded, of the delivery charges related to their order (invoiced in addition to the sale price), and payment will be requested from the customer for the total purchase amount. Valrupt TGV Industries may change the price after having first notified the customer, who will retain the option to accept the new offer or cancel the order. Delivery rates are independent of Valrupt TGV Industries.
Article 5 - ORDERS
When the customer clicks the "confirm order" icon, the order is irrevocably processed. Its acceptance cannot subsequently be called into question, except under application of the "right of withdrawal" article. The sale will only be considered valid and final once the customer has received email confirmation of the order and the full price has been collected. As part of its order verification and acceptance procedure, Valrupt TGV Industries reserves the right to ask the customer to provide additional supporting documents. The order will only be validated once these documents have been received. The order's delivery time may be affected by any delay in the transmission of this information. If the documents are not provided, Valrupt TGV Industries reserves the right to cancel the order.
Article 6 - AVAILABILITY
Product offers visible on the site are considered "in stock" and are valid while stocks last on www.traditiondesvosges.com. These are theoretical stock levels maintained by a real-time database, with each product sold automatically removed from stock. In the event of an unrecoverable stock shortage on www.traditiondesvosges.com, the customer is contacted by email as soon as possible. Two options are then available: 1) find a substitute product at an equivalent price 2) simply cancel the missing product from the order
Article 7 - PAYMENT
Regardless of the payment method chosen, your order will only be processed once validated. All orders are payable in Euros. To pay for their order, the customer may use any of the payment methods indicated on the order form: credit/debit card (Carte Bleue, Mastercard, Visa, American Express), PayPal, and bank transfer. The card is debited on the day of the order, subject to any special conditions authorized by Valrupt TGV Industries. The price offered must be paid in accordance with the payment procedure described during the checkout process. The customer guarantees Valrupt TGV Industries that they hold any authorizations that may be necessary to use the payment method they have chosen when registering the order form. Valrupt TGV Industries reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or stage of execution, in the event of non-payment of all or part of the sum owed by the customer, or in the event of a payment incident. The user is responsible for payment by credit card for the product ordered. Valrupt TGV Industries cannot be held responsible for payment issues related to the operation of the e-commerce service. The website www.traditiondesvosges.com is secured using SSL encryption.
Card Rejection
Any dispute regarding an order must be raised by contacting Valrupt TGV Industries via www.traditiondesvosges.com, "contact" section, or at 03.29.23.60.51. Any card payment reversal ("chargeback") carried out by the customer will result in their irrevocable blacklisting from the site's mail-order customer list and that of its business partners. No further order may subsequently be placed by the customer in question.
Request for Supporting Documents
For certain orders of a significant amount paid by credit card, the customer may be asked to provide certain supporting documents, in order to prevent fraud, which is unfortunately common in today's society. The online merchant is entitled to request supporting documents, provided the customer is clearly informed of this prior to validating the order. Naturally, the collection of information complies with the rules set out by the law on data protection (principles of fairness, proportionality, and purpose limitation). Given the nature of the information collected, data retention must be strictly time-limited.
Article 8 - DELIVERY
Products are delivered to the delivery address indicated by the customer on the order form, within the geographic area served by www.traditiondesvosges.com. The customer may, upon request, provide a billing address different from the delivery address by selecting the relevant option on the order form. To ship the products ordered on www.traditiondesvosges.com to customers, Valrupt TGV Industries has chosen to work with La Poste So Colissimo and DPD. The customer will be able to track their parcel using a tracking number provided at the time of order, which will also be available in the member area of www.traditiondesvosges.com.
For orders including at least one item personalized with embroidery, an additional lead time of up to 5 days is added.
Tradition des Vosges's Liability for Delivery and Transport Risks
The e-merchant's liability applies automatically with respect to delivery. Tradition des Vosges's primary obligation is to deliver the goods within the timeframe set out in the contract. This liability cannot under any circumstances be transferred to the carrier responsible for delivery. If the carrier loses the parcel, Tradition des Vosges must refund the consumer and seek recourse against its carrier.
Delivery Issues
Delivery is carried out by handing over the product to the customer at the location indicated when ordering (delivery address). Handover of the product by the carrier requires the customer to sign a proof-of-delivery receipt. The customer must note on this receipt, in the form of handwritten remarks accompanied by their signature, any anomaly concerning the delivery (damaged parcel). This inspection is deemed to have been carried out once the customer, or a person authorized by them, has signed the delivery receipt. If, at the time of delivery, the original packaging is damaged, torn, or opened, the customer must check the condition of the items. If they have been damaged, the customer must refuse the parcel and note this on the delivery slip (parcel refused because opened or damaged) and inform Valrupt TGV Industries within three days. In the event of non-delivery, the customer must contact Tradition des Vosges customer service within 30 days of the date the carrier took charge of the parcel (generation of a tracking number provided to the customer). Failure to follow the procedure described above will result in no customer claim being accepted.
Delivery Errors or Anomalies
In the event of an anomaly or error concerning delivery (such as damage, broken products, damaged products) and/or non-conformity of the products in nature or quality compared to the details on the delivery slip, the customer must inform Valrupt TGV Industries under the following conditions: the same day (on the delivery slip in the form of "handwritten remarks," accompanied by the customer's signature, with the slip to be handed to the carrier at the time of delivery) or at the latest on the first business day following delivery by contacting Valrupt TGV Industries via www.traditiondesvosges.com, "Contact" section, or by phone at 03.29.23.60.51. Through this process, a return authorization, along with a number assigned by Valrupt TGV Industries, will be sent to the customer by email. Any claim not made in accordance with the rules defined above and within the given time limits cannot be taken into account and will release Valrupt TGV Industries from all liability towards the customer. Valrupt TGV Industries covers the cost of returning the product in the event of a dispute (defect, delivery error) by sending a "return slip." In the event of a delivery error or exchange, any product to be exchanged must be handed over to the carrier in full, in its original condition, and in its original packaging. The product will automatically either be exchanged, subject to availability, or refunded if it is not available.
Product Returns
In the event of a product return, the refund will be made in the name of the customer who placed the order. The return request must be made to customer service (infos@traditiondesvosges.com) or via the contact form. If the request is accepted, a return label (Colissimo) will be provided to the customer. Free returns apply to mainland France only. Upon receipt of the return label, the customer must drop off their parcel at the post office within 10 business days. Embroidered items are neither taken back nor exchanged.
Article 9 - DELIVERY TIMES
Delivery times depend on the items ordered and the delivery method chosen. Valrupt TGV Industries undertakes to deliver the goods sold within thirty (30) days from the date of the order. In all cases, Valrupt TGV Industries is released from its delivery obligations in particular in the event of force majeure, fire, flood, strikes, or reasons beyond its control. Should delivery not occur by the end of this period, the customer may cancel their order. Amounts paid by the customer will then be refunded without delay, to the exclusion of any other compensation. In the event of an abnormal delivery delay, the customer must report it by email or phone to Valrupt TGV Industries, which may then conduct an inquiry with the carriers. To speed up parcel tracking, the customer is asked to specify their order number. An inquiry with the carrier may take up to twenty-one (21) business days. If, during this period, the product is found, it will be immediately forwarded to the customer's home or to the recipient designated on the order form. However, if the ordered product is not found by the end of this twenty-one (21) day inquiry period, Valrupt TGV Industries will, at its own expense, arrange a new shipment of the products ordered by the customer. Should the ordered product no longer be available, the provisions of Article 6 will apply.
Please note that the cost of reshipping parcels returned to Valrupt TGV Industries as a result of, in particular, a customer error when placing the order with respect to the delivery address, or negligence in collecting the parcel from postal services, etc., remains entirely and fully the customer's responsibility and not that of Valrupt TGV Industries.
Article 10 - WARRANTY CONDITIONS
General
Products purchased from Valrupt TGV Industries via its website www.traditiondesvosges.com are entitled to the Tradition des Vosges® warranty. To benefit from the product warranty, it is essential to keep the purchase invoice and to enclose the original when returning the product (we recommend customers make a copy of the invoice). Warranties do not cover abnormal or non-compliant use of the products (washing, ironing, care). No paid commercial warranty is offered by Tradition des Vosges. Defects of conformity that appear within twelve months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
"GRAND TEINT" (Colorfast) Warranty
All solid-color qualities are guaranteed "GRAND TEINT." By "GRAND TEINT," Tradition des Vosges® guarantees color fastness against bleeding and at a 60° wash.
SANFOR Warranty
Through the SANFOR treatment, the fabric is stabilized, having already undergone shrinkage. The risk of the fabric adapting differently across various mattress thicknesses is considerably reduced, and the fibers retain great softness combined with a silky feel. The item is therefore non-shrinkable.
Returns
Any product to be returned under warranty must only be returned with the agreement of Valrupt TGV Industries, under the conditions set out in Article 8.
Article 11 - RETENTION OF TITLE CLAUSE
The products sold, as defined in the order form, remain the property of Valrupt TGV Industries until full payment of the price by the customer. During the retention-of-title period, the customer bears the risk of loss or destruction of the item sold from the time of delivery. In the event of judicial reorganization or liquidation of the customer, ownership of delivered and unpaid products may be reclaimed by Valrupt TGV Industries. In the event of resale of products supplied by Valrupt TGV Industries while the customer has not paid the full price, the customer undertakes to inform any purchaser of this retention-of-title clause affecting the said products and of Valrupt TGV Industries's right to reclaim, from that purchaser, either the products concerned or their price.
Article 12 - RIGHT OF WITHDRAWAL
The customer has a period of thirty (30) clear days, from receipt of the last good, batch, or piece — for "an order relating to several goods delivered separately or in the case of an order for a good made up of multiple lots or parts whose delivery is staggered over a defined period" — to notify Valrupt TGV Industries of their decision to cancel their order and receive a refund, without penalty except for return shipping costs. The consumer must return the new goods in their original packaging "without undue delay and, at the latest, within 14 days of communicating their decision to withdraw."
The refund for the product will be made using the same payment method used by the consumer (or another method if the consumer agrees) for the original order. Valrupt TGV Industries reserves the right to defer the refund until full receipt of the products corresponding to the written request made by the customer (only the product is refunded, not the delivery charges). In exercising this right of withdrawal, all risks relating to the return of a product are borne solely by the customer.
{Name and first name of the sender}
{Address and contact details of the sender}
{Recipient: Valrupt TGV Industries / Tradition des Vosges}
{14, rue de la Libération, 88360 Rupt-Sur-Moselle}
{Place, Date}
Registered letter with acknowledgment of receipt
Reference: {Invoice number, Customer number}
Subject: Cancellation of an order within the 30-day period.
Dear Sir or Madam,
On {order date}, I placed an order on your website for the product {product name and reference as indicated on the order form}.
In accordance with Article L. 121-21 of the French Consumer Code, as the 30-day period has not expired, I request that you cancel my order and, where applicable, refund the amounts paid.
In the meantime, please accept, Sir/Madam, my sincere regards.
Signature
Article 13 - REFUNDS
The trader shall refund the full amount paid, including delivery charges, "without undue delay and at the latest within 14 days from the date on which it is informed of the consumer's decision to withdraw," in the case of withdrawal (Article L. 121-21):
- Using the same payment method as that used by the consumer (or another method if the consumer agrees);
- An increasing scale of penalties applies in the event of a late refund.
Any other type of refund will only be made in the cases mentioned above in these general terms and conditions of sale.
Article 14 - FORCE MAJEURE
Valrupt TGV Industries shall bear no liability in the event of non-performance or delay in performing any of its obligations if this results from a circumstance beyond its control and outside its influence. Any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the French Civil Code is considered as such.
Article 15 - CUSTOMER SERVICE AND ORDER TRACKING
For any information, the customer may contact Valrupt TGV Industries's customer service through the member area of the website www.traditiondesvosges.com or by phone at 03.29.23.60.51.
Article 16 - APPLICABLE LAW
These general terms and conditions of sale are governed, both in their interpretation and their execution, by French law. In the event of a dispute, the customer shall first contact Valrupt TGV Industries to seek an amicable resolution. In the absence of an agreement between the parties, the French courts shall have sole jurisdiction.
Article 17 - PERSONAL INFORMATION
The information collected by Valrupt TGV Industries when a customer places an order is necessary for the management of the order by Valrupt TGV Industries and its business partners. In accordance with Data Protection Act No. 78-17 of January 6, 1978, the customer has the right to access, rectify, object to, and delete data concerning them by contacting Valrupt TGV Industries.
Article 18 - EVIDENCE
Computerized records, kept in the IT systems of each party under reasonable security conditions, will be admissible as evidence of communications, contracts, and payments made between the parties. Pursuant to Article L 134-2 of the French Consumer Code, any electronic contract of an amount equal to or greater than 120 euros will be retained by Valrupt TGV Industries for a period of 10 years.
Article 19 - INTELLECTUAL PROPERTY
The design and graphics of the traditiondesvosges.com website are considered an original work under intellectual property law. All texts, comments, product illustrations, and images reproduced on the traditiondesvosges.com website are protected under copyright as well as intellectual property law, worldwide. In accordance with the provisions of Article L 122-5 of the French Intellectual Property Code, users may only use the site for private use. Any total or partial reproduction of the traditiondesvosges.com website without authorization is strictly prohibited and constitutes an act of infringement.
Article 20 - NEWSLETTER
Tradition des Vosges offers internet users who wish to do so the option to subscribe, free of charge, to a service called the "Newsletter" or "Information Letter." This letter, which may contain promotional messages, is above all educational and informative in purpose. It contains information to help internet users make better use of traditiondesvosges.com. In accordance with:
- The French law on "confidence in the digital economy" (Articles L. 33-4-1 of the Postal and Electronic Communications Code and L. 121-20-5 of the Consumer Code)
- The "Data Protection Act" as amended on August 6, 2004, and CNIL recommendations
internet users who no longer wish to receive the Newsletter may unsubscribe using the unsubscribe link found on each issue. Furthermore, recipients of the newsletter have a right to object, which may be exercised:
- By sending a letter to Tradition des Vosges: 14 rue de la Libération, 88360 Rupt-Sur-Moselle
- By clicking the unsubscribe link found on each Newsletter
- Or by contacting customer service via the site's contact form
To unsubscribe from the Newsletter, the right to object may also be exercised:
- By clicking the unsubscribe link at the bottom of the Newsletter.
- By using the "Reply" function of their email client (processing may take a few days)
A confirmation email will then be sent. If the internet user has unsubscribed from the newsletter, they may, as many times as they wish, place an order using the same email address. They will no longer receive the Newsletter, unless they request it again.
Article 21 - PRIVACY POLICY
Tradition des Vosges pays the greatest attention to protecting your privacy. You may contact us for details on our privacy policy page.
Our company maintains an electronic file recording certain personal data relating to users of its website, in compliance with data protection legislation.
The information collected is processed electronically for the purpose of disseminating information relating to the Tradition des Vosges brand and the brands distributed by Société T.G.V., their products and services, their physical or online points of sale, and websites belonging to T.G.V.
Customers registered in the file are notably informed of promotional operations, games, competitions, prize draws, and may be enrolled in Société T.G.V.'s loyalty program. The recipients of the data are Valrupt TGV Industries S.A.S. and its direct-mail service provider VENTE CIBLEE GROUPE (SIRET 501 199 079 000 10).
In accordance with the "Data Protection Act" of January 6, 1978, as amended in 2004, you are entitled to access and rectify information concerning you, which you may exercise by contacting either dpo@valrupt-tgv.com, or the following address:
Valrupt TGV Industries14, rue de la Libération
88360 Rupt-sur-Moselle
Please indicate your surname, first name, and full address.
You may also, on legitimate grounds, object to the processing of your data.
Article 22 - Mediation
1. In the event of a dispute, the customer must first contact Valrupt TGV Industries's customer service. For this, the customer-consumer may reach "customer service" or management by email at infos@traditiondesvosges.com or at the following postal address:
Valrupt TGV IndustriesTradition des Vosges
14 rue de la Libération
88360 Rupt sur Moselle
(The company undertakes, following such a complaint, to respond within a maximum period of 3 to 4 weeks.)
2. If the customer believes they have not received a satisfactory response from customer service to their complaint (or no response) after more than 2 months, they may contact C&C-Médiation, the designated referral mediator. In the event of an unresolved dispute, the consumer mediator can be contacted at the following:
- Online information and mediation requests (via form): www.mediateurconso-bfc.fr
- The Mediator may also be contacted by post at: C&C-Médiation: 37 rue des Chênes - 25480 MISEREY-SALINES.
Please note: the customer must be able to prove they have already contacted the professional's customer service in writing regarding their complaint beforehand. The mediator will handle the dispute (dating back less than 12 months) if the customer's request is deemed admissible.
3. If necessary, the parties retain full right to bring the matter before the competent court.