terms and conditions of sale

These general terms and conditions of sale are concluded on the one hand by the company ESLab with a share capital of 1000 euros whose registered office is located at 14 boulevard de Nancy, 67000 Strasbourg, registered with the Trade and Companies Register of Strasbourg under number 851836684 hereinafter referred to as “the company” and managing the Vibratis website, and on the other hand, by any natural or legal person wishing to make a purchase via the Vibratis website hereinafter referred to as “the buyer”.

These General Terms and Conditions of Sale (hereinafter referred to as GTC) are exclusively applicable to the online sale of products of the company ESLab, a simplified joint-stock company with a share capital of 1,000 euros, whose registered office is located at 14 Boulevard de Nancy in 67000 Strasbourg, registered with the Trade and Companies Register of Strasbourg under number 851 836 684, under the VIBRATIS brand on the website https://vibratis.fr/, which it publishes and which is freely and free of charge accessible to any internet user.

Website host: OVH, SAS with a share capital of 10,000,000 €, registered with the RCS of Roubaix Tourcoing under no. 424 761 419, whose registered office is located at 2 rue Kellermann in 59100 Roubaix France.

For any information or questions related to an order or the services offered by the company ESLab, a customer service is available to the Client from Monday to Friday, from 9 a.m. to 6 p.m. by:

email: contact@vibratis.fr

via the contact form on the website at the address: https://vibratis.fr/contactez-nous/

correspondence: SAS ESLab, 14 Boulevard de Nancy, 67000 Strasbourg, France.

These GTC exclusively govern the online sale of products of the company ESLab to buyers who have the status of consumers and constitute, with the order, the contractual documents enforceable against the parties, to the exclusion of any other documents, prospectuses, or catalogs which are only indicative.

The buyer declares that they have the full legal capacity to commit themselves under these general terms and conditions.

1. OBJECT

The general terms and conditions of sale described below detail the rights and obligations of the company and the buyer in the context of the sale of products available for sale on its Vibratis website.

Any service provided by the company implies the buyer’s unconditional acceptance of these general terms and conditions of sale.

The company reserves the right to modify these terms at any time to comply with any new regulations or to improve the use of its website.

The applicable terms will be those in effect at the date of the buyer’s order.

2. PRESENTATION OF PRODUCTS

The products offered are those listed on the company’s VIBRATIS website, within the limits of available stocks. The company reserves the right to modify the assortment of products at any time.

The photographs are as accurate as possible but are not binding on the company. The photographs illustrating the products are not contractual. Consequently, the company cannot be held liable in the event of an error or omission in any of these photographs.

The company cannot be held responsible for the non-performance of the contract concluded in case of stock shortage or product unavailability, force majeure, disturbance, or total or partial strike, particularly of postal services and means of transport and/or communications, flooding, fire.

The company will not incur any liability for any indirect damages arising from the present, loss of operation, loss of profit, loss of opportunity, damages, or costs, which may arise from the purchase of the products.

Hypertext links may refer to other websites than the “vibratis.fr” site. The company disclaims all liability if the content of these sites contravenes the legal and regulatory provisions in force.

3. PRICE OF PRODUCTS

The “product” section of our website indicates the prices in euros inclusive of all taxes, excluding delivery and transportation costs, which will be indicated before the validation of the order and invoiced in addition.

The amount of VAT is included during the selection of a product by the customer, and the shipping costs appear on the screen at the end of the selection of the various products by the customer.

The total amount due by the Client is indicated on the order confirmation page.

The company reserves the right to change its prices at any time, but the products ordered are invoiced at the price in force at the time of the order registration.

The proposed rates include discounts and rebates that the company may grant given its results or the buyer’s assumption of certain services.

4. ORDER

Before any order, the buyer must identify themselves through personal information processed as part of the order of the product(s).

The buyer validates their order when they activate the “Order” link at the bottom of the “Order Validation” page after having accepted these terms and conditions of sale. Before this validation, it is systematically offered to the buyer to check the details of their order. This last click formalizes the final conclusion of the contract.

Contractual information will be subject to confirmation by email.

Some orders may be subject to verification by the company.

The buyer will be notified within a maximum period of 5 days by email of the supporting documents to be transmitted to obtain the final validation of the order.

The company reserves the right to cancel the order in the absence of receipt of these supporting documents or the receipt of documents deemed non-compliant.

The company recommends that the buyer retain on paper or reliable electronic support the data related to their order. The buyer must check the completeness and conformity of the information they provide to the company. The latter cannot be held responsible for any errors in data entry and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment will be borne by the buyer.

The data recorded by the company constitutes proof of the nature, content, and date of the order. It is archived by the company under the conditions and within the legal deadlines; the buyer can access this archiving by contacting the Customer Relations Service.

5. PAYMENT TERMS

Payment is made immediately and in full at the time of order by one of the following payment methods:

PayPal
Credit card.

Payments made by the Client will be considered final only after actual receipt by the company ESLab of the amounts due.

The company reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment.

The company also reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is in progress.

6. RETENTION OF TITLE CLAUSE

The company retains full and complete ownership of the products sold until the delivery of the order.

7. WITHDRAWAL PERIOD

Pursuant to Article L221-18 of the Consumer Code, the buyer has a period of 14 days to exercise their right of withdrawal, from the receipt of the products, without having to justify their decision or bear any costs other than the direct costs of returning the products, if applicable. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next business day.

The buyer exercises their right of withdrawal by informing the company of their decision to withdraw by sending, before the expiration of the 14-day period, the withdrawal form or any other unequivocal statement expressing their will to withdraw.

The right of withdrawal with the company will be made by email to the following address: contact@vibratis.fr

A template form is available to the buyer below.

In the event of the exercise of the right of withdrawal, the company refunds the buyer the total amount paid, including delivery costs, without undue delay and at the latest within 14 days from the date on which it is informed of the buyer’s decision to withdraw.

The buyer is required to return or return the products to the company, without undue delay, and at the latest 14 days following the decision to withdraw. This period is deemed to be respected if the buyer has effectively returned the goods before the expiration of the 14-day period.

During the right of withdrawal, the buyer must bear the direct costs of returning the products.

The company may defer the refund until recovery of the products or until the buyer has provided proof of the shipment of these products, the date retained being that of the first of these facts.

The buyer’s liability is only engaged for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of these goods. If a good is not returned in a saleable condition (status “Damaged by the customer”), a flat-rate penalty corresponding to 50% of the sale price including VAT will be retained.

Template form for exercising the right of withdrawal

To the attention of the company ESLab, 14, Boulevard de Nancy, 67000 Strasbourg

I/we () hereby notify you of my/our () withdrawal from the contract for the sale of the goods below:

Ordered on ()/received on () :…………………………………

Name of the consumer(s):…………………………………..

Address of the consumer(s):…………………………………………….

Order reference: …………..

Signature of the consumer(s) (only if notifying this form on paper):…………………………..

Date:…………………………

(*) Strike out the unnecessary mention.

8. DELIVERY

Delivery is made by Amazon, delivered without a signature.

The buyer has the choice at the time of ordering to choose between two delivery methods:

Free standard delivery: package shipped within 3 business days.

Paid express delivery: package shipped within 1-2 business days.

The delivery of products is only possible within the European Union.

The products are delivered to the address indicated by the buyer on the order form.

The buyer must check the completeness and conformity of the information they provide to the company. The buyer will be notified by email of the impending shipment of their order. In case of delivery delay of more than three days compared to the date indicated in the shipment email, the company suggests that the buyer check with their post office that the package is not pending.

If necessary, the buyer is asked to report this delay to the company by sending an email. The company undertakes to contact the Post Office to start an investigation. A Post Office investigation can take up to 21 business days from the date of its opening.

If during this period, the product is found, it will be immediately forwarded to the buyer’s home. If, however, the product is not found at the end of the 21-business day investigation period, the Post Office considers the package lost. It is only at the end of this period that the company can resend a replacement product at its expense. If the ordered products are no longer available at the time of replacement, the company undertakes to refund the amount of the products affected by the carrier’s loss.

If the package arrives open or damaged (particularly with the presence of the yellow “La Poste” tape), it is essential that the customer has a “Spoliation Report” (report 170) established by the postman or the post office they depend on so that the company can open an investigation and compensation procedure.

9. WARRANTIES

All products supplied by the company benefit from the legal warranty against hidden defects provided by Article 1641 et seq. of the Civil Code and the legal warranty of conformity of Articles L.217-4 et seq. of the Consumer Code.

In case of non-conformity of a sold product, it may be returned to the company which will take it back, exchange it or refund it.

The buyer must report any delivery error and/or product non-conformity in nature or quality compared to the indications on the order form to the company on the same day of delivery or at the latest on the first business day following the delivery. Any claim made beyond this period will be rejected without recourse.

This claim will be made to the company by email to contact@vibratis.fr.

Any claim not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the company from any liability vis-à-vis the buyer.

Any product to be exchanged or refunded must be returned within 14 business days following receipt of the return agreement to the company in its entirety to the following postal address: ESLab, 14, boulevard de Nancy, 67000 Strasbourg or any other address specified by the ESLab Customer Service.

To be accepted, any return must be reported in advance to the company’s Customer Service. Return costs remain the responsibility of the buyer regardless of the reason for the return. If a product is not returned in a saleable condition (status “Damaged by the customer”), a flat-rate penalty corresponding to 50% of the sale price including VAT will be retained.

REPRODUCTION OF ARTICLES L.217-4, L.217-5, L.217-12, and L.217-16 OF THE CONSUMER CODE

Article L.217-4:

The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery.

It is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when it has been charged by the contract or has been carried out under its responsibility.

Article L.217-5:

The goods are in conformity with the contract:

1° If they are fit for the usual purpose expected of similar goods and, if applicable:

if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter.

Article L.217-12:

The action resulting from the defect of conformity is prescribed by two years from the delivery of the goods.

Article L.217-16:

When the buyer asks the seller, during the course of the commercial warranty granted to them at the acquisition or repair of a movable good, for a reconditioning covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run.

This period runs from the request for intervention by the buyer or the provision for repair of the good in question if this provision is subsequent to the request for intervention.

REPRODUCTION OF ARTICLES 1641 AND 1648 PARAGRAPH 1 OF THE CIVIL CODE

Article 1641:

The seller is liable for the hidden defects of the thing sold which render it unfit for the use to which it is destined, or which diminish such use that the buyer would not have acquired it, or would have given a lesser price for it, if they had known them.

Article 1648 paragraph 1:

The action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

10. APPLICABLE LAW

These General Terms and Conditions of Sale and the operations arising from them are governed and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be binding in case of dispute.

11. DISPUTES

In case of dispute or claim, the buyer will first contact the company to obtain an amicable solution.

Any claim must be sent via the contact form at https://vibratis.org/en/contact or by mail to the address: SAS ESLab, 14 Boulevard de Nancy, 67000 Strasbourg, France.

In case of failure of the claim request to customer service or in the absence of a response from this service within two months, the Client is informed that they may in any event resort to a conventional mediation by contacting the National Chamber of Mediation Practitioners (CNPM), online at: https://www.cnpm-mediation-consommation.eu/demande-de-mediation.php or by mail at the following address: CNPM MEDIATION CONSUMPTION, 27 Avenue de la Liberation 42400 Saint Chamond by downloading the form at the address: https://www.cnpm-mediation-consommation.eu/Saisie-papier-art-15.html.

All disputes to which the purchase and sale operations concluded under these general terms and conditions of sale could give rise, concerning both their validity, interpretation, execution, termination, consequences, and consequences and which could not be resolved between the seller and the client will be submitted to the competent courts under common law conditions.

If the consumer resides in another member state of the European Union, they are informed that they can, under the provisions of Article 14 of Regulation EU No 524/2013 OF THE EUROPEAN PARLIAMENT AND COUNCIL of 21 May 2013 on the online resolution of consumer disputes, file a mediation request on the online dispute resolution platform accessible at the address ec.europa.eu/consumers/odr.

12. DATA PROCESSING AND FREEDOMS

The company respects the privacy of site users and buyers and undertakes that all information collected, particularly the use by the buyer of the e-commerce service to purchase a product, allowing to identify them, will be considered confidential information.

In accordance with the European Regulation on the protection of personal data EU 2016/679, the company has a privacy policy allowing in particular the buyer or user of the website to exercise their rights.

The personal information collected will be kept as long as necessary and will be destroyed at most two years after the completion of the sale.

The company ESLab destroys the data after this period and undertakes to destroy them at any time before the arrival of this deadline at the Client’s request and for legitimate reasons.

The Client can exercise their rights by contacting the company ESLab in writing and informing them of the extent of their opposition to the processing of their personal data through the contact form at the address: https://vibratis.org/en/contact.

13. LEGAL NOTICE

The legal notice is visible at the address: https://vibratis.fr/mentions-legales/

14. TERMINATION OF THE CONTRACT

The contract may be terminated by the consumer in case of:

delivery of a product not in conformity with the characteristics presented in the offer; delivery within a period exceeding the delivery time indicated at the time of order.

In these cases, the consumer may request the refund of the amount paid at the time of order.

The contract is considered terminated upon receipt by the company ESLab of the letter or the written notification informing them of this termination unless the company ESLab has performed in the meantime.

If the delay in the performance of the delivery by the company ESLab occurs:

following an administrative blockage of the activity of the company ESLab, its subcontractors partners, or the transport partners of the company ESLab;
following a transport strike;
following a situation of raw material shortage;
following an epidemic or pandemic situation necessitating the implementation of administrative measures suspending the activities of merchants;

or following any event having led to the temporary suspension of the activity of the company ESLab, the consumer cannot request the termination of the contract. In this case, the delivery time will be extended by a period equal to the period of temporary cessation of the activity.

The contract may be terminated by the company ESLab in case of:

refusal of the consumer to take delivery of the order; order for abnormally large quantities for a consumer suggesting a resale activity; computer error on the sale price; order deemed suspicious by the company ESLab.

In these cases, the company ESLab refunds the consumer the amount paid at the time of order, excluding shipping costs incurred in the event of refusal to take delivery of the package sent.

INTELLECTUAL PROPERTY

All texts, comments, works, illustrations, and images reproduced on vibratis.fr are reserved under copyright as well as under intellectual property rights and for the whole world.

As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized subject to different or more restrictive provisions of the intellectual property code. Any total or partial reproduction of the site vibratis.fr is strictly prohibited.

16. PRECONTRACTUAL INFORMATION-ACCEPTANCE OF THE CLIENT

The Client acknowledges having been informed, prior to placing their order and concluding the contract, in a readable and understandable manner, of these General Terms and Conditions of Sale and all the information listed in Article L 221-5 of the Consumer Code, including the following information:

the essential characteristics of the Product, considering the communication medium used and the Product concerned;
the price of the Products and related costs (delivery, for example);
in the absence of immediate performance of the contract, the date or the time at which the Seller undertakes to deliver the Product;
the information relating to the identity of the Seller, their postal, telephone, and electronic contact details, and their activities, if they do not appear from the context,
the information relating to legal and contractual guarantees and their implementation methods;
the functionalities of the digital content and, if applicable, its interoperability;
the possibility of resorting to conventional mediation in case of dispute;
the information relating to the right of withdrawal (existence, conditions, time, modalities of exercise of this right and standard withdrawal form), the costs of returning the Products, the terms of termination, and other important contractual conditions;
the means of payment accepted.

By ordering on the website https://vibratis.fr/, a natural (or legal) person agrees to adhere and accept fully and completely these General Terms and Conditions of Sale and to pay for the ordered Products, which is expressly recognized by the Client, who renounces, in particular, to invoke any contradictory document, which would be unenforceable against the Seller.

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