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1 - DEFINITIONS

Website: designates the website www.villasoleya.com on which VILLA SOLEYA markets its Products. VILLA SOLEYA: designates the company SARL JPL CANNES, a limited liability company with capital of 20,000 Euros, undertaking its activity under the trade name VILLA SOLEYA, the registered office of which is at Le mas de Luchel, Montée des Pins 06110 Le Cannet (FRANCE), registered in Cannes Trade and Companies Register as number B 501 464 663, telephone: +33(0)4 92 98 91 92, email: contact@villasoleya.com, intra-EU VAT N°: FR49 501 464 663, vendor of the Products.

Product: designates all products sold by VILLA SOLEYA on its Website which can be ordered by a Customer by means of the Website, such as, in particular, home decoration products, perfumed freshener spray products, health and beauty products, textiles and accessories, or regional products.

Customer: designates every person passing an Order for Product(s) to VILLA SOLEYA by means of the Website.

Order: designates every order for one or more Products passed by a Customer to VILLA SOLEYA by means of the Website.

GST: designates the present general sales terms.

2 - PURPOSE AND ACCEPTANCE OF THE GENERAL SALES TERMS

The purpose of the GST is to determine the terms on which sales are made by VILLA SOLEYA to all Customers by means of the Website. The GST governs all Orders passed on the Website. The GST may be viewed on the Website at any time, and accepted by the Customer before passing any Order. The Customer undertakes to read the GST before passing an Order.

Passing an Order entails immediate and full acceptance, without reserve, by the Customer of the GST.

VILLA SOLEYA reserves the right unilaterally to amend the GST at any time. The version of the general sales terms applicable to an Order is that in force at the time when the Order is passed by the Customer.

Specific terms may be applicable to certain Products. In this case the Customer is informed thereof beforehand on the Website. All orders for Products imply, if applicable, acceptance of the applicable specific terms.

3 - PRODUCTS

Products able to be included in an Order are listed on the Website. VILLA SOLEYA may change this list at any time, at its sole discretion. The photographs of the Products on the Website are communicated for illustrative purposes. The Customer acknowledges that the photographs cannot reflect perfectly the appearance of the Product, or that the real visual impression may be slightly different to that of the photograph. They must view the characteristics of the Product described in its description on the Website. They may contact VILLA SOLEYA using the contact details indicated on the Website for any question concerning a Product or request for additional information.

Product offers are valid for as long as they are online on the Website due to actions by VILLA SOLEYA, up to the limit of available stock.

If a Product is unavailable after an Order is passed the Customer shall be informed thereof by email or telephone, using the contact details given by them when they passed the Order. The Customer may then cancel their Order and shall be reimbursed.

4 - ORDERS

To pass an order, the Customer must have previously opened a personal account on the Website. The Customer undertakes to protect the confidentiality and the security of their identifier and access code, which are strictly personal. They shall be responsible for the use made of their account, their user name and their password.

When their account is created and Orders passed, the Customer must provide all the information requested in relation to their identity, their contact details, the delivery address, the Product(s) ordered and the information required, in accordance with the chosen method of payment.

The Customer undertakes to update the information concerning them in their account. Should they fail to do so, they shall be solely liable for the consequences, in particular in the event of a change of postal address or email address.

VILLA SOLEYA may not be held liable for the consequences of an error, negligent act or fault on the part of the Customer when entering requested information, or updating it, particularly in the event of wrong or incomplete information, or should they fail to update it.

All Orders made with incomplete or wrong information may be refused or cancelled by VILLA SOLEYA.

In order to pass an Order the Customer must select the Products they wish to order, and then view and check the details of their order as well as of the selected Products, in particular their characteristics, their quantities, their total price and the delivery costs, and correct any errors, before confirming their order by clicking the Order confirmation link provided for this purpose.

The Customer is informed of the delivery costs and of the total price of the Order at the latest before confirming their Order.

VILLA SOLEYA shall acknowledge receipt of the Order by an email sent to the address indicated by the Customer when placing the Order or, if none is given, to their account. VILLA SOLEYA undertakes to inform the Customer of any incident relative to their Order.

All Orders passed in the Customer's name are deemed to have been made by them or by a person duly authorised to this end.

5 - PRICES

The prices are given in Euros, inclusive of all taxes (TTC), excluding delivery costs and other costs relating particularly to export. The prices indicated do not include the delivery costs or any customs duties which may be applicable, which are payable by the Customer and invoiced in addition.

The delivery costs are indicated on the Website and the Customer is informed of such costs at the latest before confirming their Order.

The prices do not take into account the cost of the communication to access the Website, which is payable exclusively by the Customer. VILLA SOLEYA reserves the right to amend the prices and/or the delivery costs at any time.

The prices and delivery costs applicable to an Order are those in force at the time when the Order is passed by the Customer.

6 - PAYMENT & INVOICING METHODS

The prices are payable in Euros. The Customer must pay the full price plus the delivery costs by credit or debit card (VISA or Master Card), Paypal, cheque or bank transfer.

In the case of payment by cheque the cheque must be made out in Euros, and made payable to "SARL JPL CANNES", and must be issued by a banking establishment domiciled in France or Monaco.

VILLA SOLEYA may not be held liable for an error, negligent act or fault of the Customer at the time of payment, particularly in the event that wrong or incomplete information is entered. The Order shall be processed by VILLA SOLEYA only after full and effective receipt of the price and of the delivery costs. The invoice shall be sent by email to the Customer as soon as confirmation of receipt of the price is received in the event of payment by bank card or Paypal, and given to the Customer together with the delivery in the event of payment by cheque or transfer.

It is stipulated that the price, the delivery costs and the other sums paid to VILLA SOLEYA are not a deposit.

VILLA SOLEYA retains ownership of the Products sold until full and effective payment of their price and of the delivery costs.

 

7 – DELIVERY

 

Delivery shall be made to the address indicated by the Customer at the time of the Order or,

failing this, to the address indicated in their account at the time of the order.

If the information communicated by the Customer concerning the delivery address is

inaccurate or incomplete, the delivery is not guaranteed and VILLA SOLEYA's liability

may not be sought or incurred in respect of the consequences of the inaccuracy or of the

incomplete nature of the information sent by the Customer, notably if the delivery is late or

cannot be made.

 

The Products shall be delivered by the French Post Office using the tracked "Colissimo"

service, requiring a signature, with the exception of special products which, due to their

weight or size, shall be sent specially by carrier. These specific products shall be signalled

when they are selected during the process of constituting the order.

The maximum delivery period is 15 days for a delivery in mainland France, or 1 month

for a delivery to a foreign country or the French Overseas Counties and Territories,

from receipt of payment of the price by VILLA SOLEYA, subject to satisfactory receipt.

 

If this period is exceeded by more than 7 days, the Customer has a period of 60 days from

the deadline stipulated for the delivery in order to cancel their Order, except in a case of

force majeure.

 

If the delivery is delayed or hindered due to an event or circumstance which is the

Customer's responsibility, all costs consecutive to this delay shall be payable exclusively by

the Customer.

 

8 - RIGHT OF RETRACTION

 

If they are a consumer (an individual ordering for the needs of their private life, and not a

professional), the Customer has a legal period of 7 days from the delivery to exercise their

right of retraction with VILLA SOLEYA, without having to give reasons, nor to pay penalties,

except for the return costs. If the period expires on a Saturday, Sunday, a public holiday or

non-business day, it is extended until the following business day.

 

The Customer must return the Products in their original condition, presentation and

packaging, new and complete. The Customer must return the Products by a delivery method

enabling them to be protected and their perfect condition to be preserved. Products which

are returned incomplete, spoilt or damaged, or soiled by the Customer, are not taken back.

If the conditions are met, VILLA SOLEYA shall repay the price of the Products purchased,

together with the delivery costs, to the Customer at the latest within 30 days following their

request.

 

The Products' return costs are payable by the Customer.

However, in accordance with the legal provisions, the right of retraction is excluded for the

supply of services whose performance has begun, with the Customer's agreement, before

expiry of the period of 7 clear days, for the supply of goods manufactured according to the

Customer's specifications, or those which are clearly customised or those which, due to

their nature, cannot be re-shipped or are likely to deteriorate rapidly, for the supply of audio

or video recordings, or computer applications which have had their seals removed by the

Customer, for the supply of newspapers, periodicals or magazines.

 

9 - CUSTOMER SERVICE

 

For all questions or requests for information, and also in order to track the Order, exercise

the right of retraction and the warranty, the Customer may contact VILLA SOLEYA:

- by email: contact@villasoleya.com

- by telephone, Monday to Friday (except for public holidays or non-business days) from 10 a.m. to 6 p.m. at +33 (0)4 92 98 91 92.

 

10 - WARRANTY & COMPLAINTS

 

In accordance with the legal provisions in force, the Customer has a legal guarantee of

compliance against faults of conformity which are present on delivery, and a legal guarantee

against defects or hidden flaws of the sold Products.

 

The Customer must inform the carrier and VILLA SOLEYA of all reserves concerning the

delivered Products.

 

All complaints concerning the Products, notably in the event of a defective, damaged or non-

compliant Product, or a Product with a visible defect, must be notified by the Customer to

VILLA SOLEYA without delay by postal letter or email, using the addresses given on the

Website, stipulating the Product(s) concerned, and the nature and type of defect.

 

It is the Customer's responsibility to provide all conclusive evidence concerning any observed

defects. The Customer must note their reserves and complaints very precisely, and in a

manner which is sufficiently precise for VILLA SOLEYA to be able to verify them. VILLA

 

SOLEYA may ask the Customer for one or more photographs of the Product.

If VILLA SOLEYA accepts the return of the Product, particularly in the event of a fault of

compliance, the Customer shall have the choice of having the Product repaired, if possible,

or being reimbursed, or replaced with an equivalent Product suggested by VILLA SOLEYA.

 

The Product must be returned to VILLA SOLEYA by the Customer in its original condition,

presentation and packaging, new and complete, and by a delivery method enabling it to be

protected and its perfect condition to be preserved. Products which are returned incomplete,

spoilt or damaged, or soiled by the Customer, are not taken back.

 

In accordance with the provisions of the Consumer Code, VILLA SOLEYA may choose not

to proceed with the Customer's wishes (repair or replacement) if this choice leads to an

obvious cost that appears to be disproportionate compared to the other method, bearing in

mind the value of the Product or the seriousness of the defect. If repair and replacement are

impossible the Customer may return the Product and have the price returned to them, or

keep the Product and have a proportion of the price returned to them.

 

VILLA SOLEYA's liability and the warranty are excluded in the event of a defect resulting

from the use of the Product by the Customer, and in particular from an abnormal usage,

poor maintenance or failure to meet the maintenance conditions and precautions for use

communicated or made available to the Customer by VILLA SOLEYA or the manufacturer of

the Product, from a negligent act, a fault or failure by the Customer to meet their contractual

obligations, from an unforeseeable and insurmountable act by a third party which is not a

party to the contract, or from force majeure.

 

11 - LIABILITY

 

VILLA SOLEYA may not be held liable for a failure to perform its obligations, such as late

delivery or a delivery problem, due to a cause independent of its will, and particularly in

the event of a fault, error or negligent act by the Customer, force majeure, incomplete or

inaccurate information of the Customer, or an unforeseeable and insurmountable act by a

third party which is not a party to the contract.

 

The Customer connects to the Website using their own telecommunications equipment. They

acknowledge that the Website's display and operational performance characteristics largely

depend on the characteristics of its computer, its modem and the type of connection to the

Internet. The Customer is solely liable for their Internet connection.

VILLA SOLEYA does not guarantee that the Website will operate continuously and without

errors. VILLA SOLEYA may not be held liable for any unavailability of the Website or of all or

part of its services, but undertakes to strive to resolve the incident as quickly as possible.

VILLA SOLEYA is not liable for any technical incidents which may arise on the networks

which are not under its control (telecommunication, electricity, Internet, bank or other service

providers) nor, generally, for damage which is not attributable to it, such as that caused

by an act of negligence, error, fault or failure by the Customer to meet their contractual

obligations, an unforeseeable and insurmountable event of a third party, or force majeure.

 

VILLA SOLEYA may not be held liable for inconveniences or damage inherent to the use of

the Internet network such as, particularly, the presence of computer viruses or spyware.

 

The Website may contain offers presented by partners of VILLA SOLEYA or links to partners'

websites. VILLA SOLEYA is not liable for the content of the websites of the partners over

which VILLA SOLEYA has no control.

The Customer undertakes to use the Website under normal conditions of use. Any malicious use, or use liable to cause damage to the Website or to prejudice VILLA SOLEYA, such as, particularly, fraudulent introduction of viruses, is strictly prohibited and shall engage the liability of its author. It is strictly prohibited to enter the system without authorisation, in particular to modify its data, to hinder its operation, or to collect data fraudulently, under penalty of criminal proceedings.

12 - PERSONAL DATA

The data communicated by the Customer to VILLA SOLEYA in connection with the passing of Orders is collected, recorded and processed by VILLA SOLEYA in accordance with the Data Protection Act of 6 January 1978. The processing of this data by VILLA SOLEYA is declared to the CNIL (French National Data Protection Commission).

Except for third parties whose intervention is required for processing and performing the Orders, VILLA SOLEYA undertakes not to communicate to third parties any personal data concerning the Customer without their prior authorisation.

The Customer has a right of access, modification, rectification and deletion of personal data relating to them. They may exercise this right by writing to VILLA SOLEYA at the following address: VILLA SOLEYA, Montée des Pins, Le mas de Luchel, 06110 LE CANNET, or by email: contact@villasoleya.com

VILLA SOLEYA may send the Customer commercial offers and prospecting relative to Products similar to those contained in Orders passed by the Customer, particularly by email. If the Customer no longer wishes to receive such messages they may stop them at any time by writing to VILLA SOLEYA, Montée des Pins, Le mas de Luchel, 06110 LE CANNET, or by email: contact@villasoleya.com

14 - COOKIES

The Website may use cookies and save cookies in the Customer's computer. A cookie is a block of data which does not enable the user to be identified, but is used for saving information concerning their browsing on the Website (the pages viewed, the date and time of viewing, etc.) which VILLA SOLEYA may read during subsequent visits of the Customer. It may contain data supplied by the Customer, in order that the latter does not have to fill out a form once again at their next visit. The purpose of the use of cookies is, particularly, to make visit analyses, or audience measurements in order to improve the quality of the Website.The Customer may prevent cookies from being saved by configuring their browser accordingly.

15 - INTELLECTUAL PROPERTY

The Website and its component elements such as, particularly, photographs, visuals and texts, are intellectual works protected by the Intellectual Property Code. Any reproduction, copying, imitation, amendment, adaptation or public representation, even partial, is prohibited and constitutes an infringement of copyright.

The Products may be intellectual works protected by the Intellectual Property Code. Any reproduction, copying, imitation, distribution, sale, leasing or commercial exploitation of the Products without the express authorisation of VILLA SOLEYA and/or of its assignees is prohibited and constitutes an infringement of copyright.

16 - APPLICABLE LAW

The present general terms and the Orders of the Customers on the Website are governed by French law.

17- LANGUAGE OF THE CONTRACT

The contract is concluded in French or English.Two identical versions of the GST are available on the Website, one in French, the otherin English. In the event of a contradiction or conflict between the two versions the French version shall prevail.


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