The website www.viwone.com is published by:

VIWONE SAS, a French simplified joint stock company (société par actions simplifiée) with a share capital of twenty thousand (20,000) euros, having its registered office at 48 Boulevard Gouvion-Saint-Cyr, Paris 75017 – FRANCE, registered with the Paris Trade Registry under number 818 318 123, phone number: (+33) 01.47.49.36.81, EU VAT number: FR0581831812300010.

The website is hosted by OVH, a French simplified joint stock company (société par actions simplifiée) with a share capital of 10,174,560.00 €, registered with the Lille Metropole Trade Registry under number 424 761 419, having its registered office at 2, rue Kellerman ROUBAIX 59100, represented by its President, Mr Henryk KLABA.

2.1. Purpose of the T&Cs: The T&Cs shall apply exclusively to the online sale of the products (hereinafter the “products”) under the VIWONE brand on the www.viwone.com website (hereinafter the “website”) which is freely accessible to all internet users.

2.2. Scope of the T&Cs: The T&Cs exclusively govern the agreements entered into with purchasers who are consumers within the meaning of French Law (hereinafter the “client”) for the online sale of VIWONE products. Together with the order form, they shall constitute the contractual documents binding on the parties, to the exclusion of any other documents, brochures, catalogues, or pictures of the products which shall be provided only for information purposes.

The T&Cs do not apply to professional purchasers.

The T&Cs and all the contractual information mentioned on the viwone.com website are drafted in French.

2.3. Availability and enforceability of the T&Cs : The T&Cs are made available to clients on VIWONE’s website, where they can be directly examined.

The T&Cs shall be enforceable as against the clients. By ticking the box to that effect, the clients acknowledge that they have read and agreed to the T&Cs before placing their order.

By confirming his order, the client expressly agrees to the T&Cs in force on the date of the order, which shall be reproduced and kept by VIWONE in accordance with article 1127-2 of the French civil code.

2.4. Amendment to the T&Cs: VIWONE reserves the right to amend its T&Cs at any time. If the T&Cs are amended, the applicable T&Cs shall be those in force on the date of the order, a dated copy of which can be provided to the client upon request.

2.5. Provisions of the T&Cs: Should a contractual provision herein be void, this shall not affect the validity of the T&Cs unless it was an essential and fundamental provision which led either party to enter into the sale agreement.

VIWONE’s temporary or permanent failure to enforce any provision of the T&Cs shall not be deemed to constitute a waiver in respect of any other provision of the T&Cs which shall remain in full force.

3.1. Characteristics: The main characteristics of the products and in particular the specifications, illustrations and information concerning the dimensions or capacities of the products are presented on the www.viwone.com website, and the client shall read them before ordering.

The client shall be solely responsible for choosing and purchasing a product.

Pictures illustrating the products shall not constitute a contractual document.

3.2. Operating instructions: If the way the product must be used is an essential element, it is mentioned in the electronic catalogue or at the latest upon delivery.

3.3. Compliance: The products comply with the requirements relating to the health and safety, to fair trading and to the protection of consumers in force when placed on the market.

Products offered for sale in a foreign country shall comply with French law requirements in force when placed on the market. VIWONE shall not be responsible if the product delivered does not comply with the law in the country of delivery.

3.4. Availability of products: The products listed on the website are offered for sale within the limit of available stocks.

The unavailability of a product after an order has been passed is an exceptional situation resulting from several orders being placed simultaneously.

If the product is not available (in whole or in part) after the order has been placed, the client will be immediately informed by e-mail of the partial delivery of the order or of the cancellation of the order.

If the order placed by the client is cancelled (in whole or in part) because one or several ordered product(s) is/are unavailable, the client’s bank account used to place the order will not be debited with the sums corresponding to the purchase price of the unavailable product(s).

However, if the client’s bank account has already been debited with said sums, VIWONE shall reimburse them within fourteen (14) days of the cancellation of the order, using the same means of payment as the one used by the client for the initial transaction, in accordance with articles 216-2 and 216-3 of the French Consumer code.

VIWONE shall only be bound to reimburse the price of the unavailable product, to the exclusion of any compensation for cancellation as a result of the unavailability of the ordered product(s).

4.1. Selling price : In accordance with article L.112-1 of the French Consumer code, the selling price of each product listed in the electronic catalogue is indicated in euros, French taxes included.

This price does not include the customs duties which may apply (see article 4.5 below).

The global amount owed by the client shall be indicated on the order confirmation page.

The selling price of the product is that in force on the day the order is placed.

Should there be price promotions, VIWONE shall apply the promotional price to any order placed during the period in which the promotion was advertised.

4.2. Additional costs: No additional cost shall be invoiced to the client without his/her express approval, except for possible customs duties in case of a delivery to a country subject to customs taxes (see article 4.5 below).

4.3. Modification of the selling price: VIWONE reserves the right to modify its prices at any time but guarantees that the prices applied are those in force on the day the order is placed.

4.4. Costs: The order form shall set out the possible additional costs related to shipment, delivery or postage (plus any other costs incurred by VIWONE), of which the client shall have been informed prior to placing the order.

4.5. Customs: Where products are ordered for delivery outside of the European Union, the client may be subject to import obligations and taxes, which shall be collected when the parcel reaches its destination. VIWONE does not have any control over customs duties, which vary from one country to the other. The client shall contact the local customs office for more information. He/She may also request an estimate of customs duties by sending an e-mail to logistique@viwone.com. An estimated amount will be communicated by VIWONE for purely informational purposes, and without any contractual commitment. When the recipient is delivered outside the European Union, he/she is considered the importer of record and he must thus comply with the laws and regulations of the country in which he/she receives the products. The client is informed and warned that cross-border deliveries may be opened and inspected by customs authorities.

5.1. Duration: Unless a specific duration is mentioned, offers for online sales made on the website shall be valid as long as the products are listed in the electronic catalogue and within the limits of available stocks. 

5.2. Acceptance: The client’s acceptance of the offer is validated when the order is confirmed, in accordance with the double-click process.

6.1. Conclusion of the contract: To place an order, the client must fill his/her basket by selecting products and the desired quantities, then click on the button “validate the order” and provide information concerning delivery and the means of payment.

The client is responsible for verifying the accuracy of the order.

Before clicking on the “order” button, the client can verify the details of the order and its global price; he can return to previous pages to rectify possible mistakes or modify his/her order.

Before clicking on the “order” button, the client must read and accept the T&Cs by ticking the relevant box.

After confirming the content of the order, the client will definitively validate it by proceeding with the payment. The order shall be final once the relevant price has been paid.

VIWONE sends an e-mail to the client confirming the receipt and payment of the order as soon as possible.

6.2. Modification of the order : Any modification of the client’s order after it has been confirmed is subject to VIWONE’s acceptance.

VIWONE reserves the right to bring modifications to the ordered products related to technical evolution in accordance with the provisions of article R. 212-4 of the French consumer code.

6.3. Validation of the order: VIWONE reserves the right to refuse any order for legitimate reasons and in particular if the ordered quantities are abnormally high for consumer clients. In such case, an e-mail will be sent to the e-mail address communicated by the client, instead of the acceptance of the order, as soon as possible.

6.4. Archiving and evidence: Communications, order forms and invoices are recorded on a reliable and durable media to constitute a true and durable copy in accordance with article 1360 of the French civil code. These communications, order forms and invoices may be produced as evidence of the agreement.

VIWONE undertakes to keep any sale agreement of an amount exceeding a hundred and twenty (120) euros for a period of ten (10) years and to provide a copy to the client upon request sent to the following e-mail address: contact@viwone.com .

6.5. Cancellation: The client may cancel the order by registered mail with acknowledgement of receipt or in writing on another durable media in the following cases:

• delivery of a product which does not comply with the declared characteristics of the product;
• increase in price not justified by a technical modification of the product imposed by public authorities.

VIWONE may cancel the order if the client refuses to take delivery.

7.1. Due date: The price is payable in full after confirmation of the order.

Payment shall be made immediately upon ordering, by credit card, using the secured payment interface.

Payments made by the client shall be deemed final once VIWONE has effectively collected the amounts due.

VIWONE shall not be bound to deliver products ordered by the client if he/she does not pay their full price in accordance with the terms herein.

7.2. Secure payment system: The www.viwone.com website is equipped with an online payment security system allowing the client to encrypt the transmission of his/her banking data.

8.1. General provisions: VIWONE provides free delivery of its products to its clients (DAP Incoterm) for any order of an amount exceeding 150 Euros Taxes included. For orders of a total amount of less than 150 Euros taxes included, the client shall pay the shipping costs mentioned when the order is validated. If the products are shipped to a country subject to customs duties, the client or delivery recipient shall be responsible for the payment of the relevant customs duties. The client may ask for an estimate of customs duties by sending an e-mail to logistique@viwone.com. VIWONE shall provide the estimated amount for information purposes, and without any contractual commitment.

VIWONE shall deliver orders to the home or workplace of the client or delivery recipient. The delivery terms and delivery times vary depending on the client’s delivery address.

VIWONE does not deliver to military bases, armies, and barracks.

Delivery is made by an independent carrier to the address indicated by the client on the order form. Except in special cases or if one or several products are unavailable, the ordered products are delivered in one go.

8.2. Delivery times: For any order of a total amount exceeding 150 Euros Taxes included, VIWONE offers express delivery solutions and undertakes, together with its partners, to make every effort to deliver the products within the time limits indicated below (subject to eligibility of the postcode):

• Delivery in French departments 75, 77, 78, 91, 92, 93, 94 and 95:
  • Any order placed before 12:00 shall be delivered either the same day before 22:00 or the next day before 13:00.
  • Any order placed after 12:00 shall be delivered either the next day before 22:00 or the day after that before 13:00.

• Delivery in mainland France (except for departments 75, 77, 78, 91, 92, 93, 94 and 95):
  • Any order placed before 12:00 shall be delivered the next day before 13:00.
  • Any order placed after 12:00 shall be delivered on the second day following the order before 13:00.
    

• Delivery outside of France, to EU Member States and outside of the EU:
  • Any order placed before 12:00 shall be delivered within 48/96 hours following the order.
  • Any order placed after 12:00 is delivered within 4 days of the order.

The delivery times indicated above are communicated for information purposes only. Consequently, VIWONE shall not be responsible if the delivery of the client’s order takes longer, whatever the ground for it.

For orders of a total amount below 150 Euros taxes included, delivery times shall be postal times.

8.3. Information to be communicated by the client when placing the order: When placing the order, the client shall provide precisely all the information necessary for the delivery of the products: complete name and first names, complete address, code and access instructions, phone number and valid e-mail address. VIWONE shall not be liable for any delivery failure due to incorrect or incomplete information provided by the client. VIWONE does not deliver products to post boxes or post codes.

8.4. Delivery tracking : The client will be informed by e-mail when the order is shipped. In case of a partial shipment of the order, the client will receive a second e-mail when the remainder of the order is shipped.

The e-mail confirming the shipment of the order will indicate the tracking number of the parcel and a contain a URL link allowing the client to access to the carrier’s delivery tool.

8.5. Handing over of the parcel: Orders are delivered at the address of the delivery recipient provided by the client and such delivery requires a signature from the client or delivery recipient. The client or delivery recipient shall ensure that he/she is available during the delivery slot communicated by the carrier.

If the client or delivery recipient is absent at the time of delivery:

• The parcel may be placed in the client’s or delivery recipient’s letter box. This shall be deemed to constitute delivery and it shall be evidenced by the proof of delivery of the carrier; or
• If the parcel cannot be placed in the letter box, a notice will be sent by the carrier by e-mail or text message or left in the client’s or delivery recipient’s letterbox, informing him/her that the parcel is available and inviting him/her to pick it up at the carrier’s office within the time limit specified in the notice of availability. If the client or delivery recipient has not picked up the parcel within said time limit, the parcel will be returned to VIWONE. The client or delivery recipient shall verify the opening and closing times of the carrier’s office.

If the client or delivery recipient cannot be identified or located after reasonable inquiries by the carrier, if he/she is absent for a long period of time, or if the client or delivery recipient refuses to take delivery or to pay the customs duties upon delivery where applicable, the parcel will be returned to VIWONE. In such a case, unless the client exercised his/her right of withdrawal pursuant to article 16 of these T&Cs, VIWONE shall not be bound to reimburse the product and any applicable customs duties as well as the costs of delivery and shipment shall be invoiced to the client or delivery recipient.

8.6. Conformity of the products with the order: Upon receipt, the client or delivery recipient must verify the delivery with respect to the nature, quality, and quantity of the product(s) delivered, to the condition of the packaging as well as the conformity of the product(s) with the order. Where products are delivered against a signature, any reservation which the recipient of the order may have shall be mentioned on the delivery note

In case of a non-conformity of the product with the order, the client must send a complaint to VIWONE’s customer service within three (3) working days from the delivery date. Such complaint shall include all evidence of the non-conformity of the product (copy of the delivery note, photos or other).

After VIWONE has verified the non-conformity of the product and provided that the complaint file is complete, VIWONE will arrange for the relevant product to be returned at its costs and will send to the client by e-mail, within 24 hours, a prepaid return label which will include the serial number of the product.

The client shall return the product to VIWONE in its original packaging or in a suitable packaging which will include the label sent to the client by VIWONE. The client shall comply with the return instructions provided by VIWONE’s customer service.

After examination of the product(s) returned by the client, VIWONE shall exchange or refund said product(s). If the products returned by the client are incomplete, damaged or excessively soiled, they will not be taken back by VIWONE and no exchange or refund will be made.

Under no circumstances can the return, exchange or refund be requested and/or carried out by the customer in a shop or at an authorised distributor.

8.7. Delivery and passing of risk: The risk of loss or damage to the goods passes to the client when client or a third party appointed by client takes physical possession of the good, irrespective of its nature.

The product, which is delivered to the client by a carrier chosen by VIWONE, travels at VIWONE’s risk. However, VIWONE shall not be liable for any harm suffered by the client as a result of the loss or material destruction of the product during shipment or delivery if such loss or material damage is attributable either to an unforeseeable act of a third party the effects of which could not be avoided or to an event of force majeure such as, but not limited to, an earthquake, a cyclone, storm, war, air crash or embargo, riot or disturbance of the civil peace.

8.8. Transfer of title: Ownership of the product is transferred to the client upon the delivery date mentioned in the order form unless the price has not been fully received upon placing of the order.

9.1. Information of the client: All products supplied by VIWONE benefit from the legal guarantee of conformity pursuant to articles L. 217-4 and seq. of the French consumer code as well as from the guarantee in respect of hidden defects pursuant to articles 1641 and seq. of the French civil code.

VIWONE is liable for any lack of conformity of the product which is the subject matter of the agreement in accordance with the provisions of articles L. 217-4 and seq. of the French consumer code and for hidden defects in the goods sold in accordance with the provisions of articles 1641 and seq. of the French civil code.

9.2. Provisions concerning the legal guarantee of conformity:

Article L. 217-4 of the French consumer code provides: “The Seller is required to deliver a product which conforms to the contract and is liable for any lack of conformity which exists upon delivery. The Seller is also liable for any lack of conformity caused by the packaging, the assembly instructions or the installation if it was contractually responsible for the latter or had it carried out under its responsibility.”

Article L. 217-5 of the French consumer code provides: “The product conforms to the contract:

      1. If it is fit for the purpose ordinarily expected of similar products and, where applicable:

• if it corresponds to the description given by the seller and has the features which the seller presented to the buyer in the form of a sample or model;
• if it has the features that a buyer may legitimately expect considering public statements made by the seller, by the manufacturer or by his representative, in particular in advertisements or labelling;

       2. Or if it has the features mutually agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and approved by the latter”.

Article L. 217-12 of the French consumer code provides: “Any action arising out of a lack of conformity shall be time-barred after a period of two years from the date of delivery of the product.”

9.3. Provisions concerning the guarantee against hidden defects :

Article 1641 of the French civil code provides:  “The seller is required to provide a guarantee in respect of any hidden defects affecting the good sold which render it unfit for its intended use or which impair such use to such an extent that the buyer would not have purchased such good or would only have paid a lower price for it if he had known about such defects.”

Article 1648 of the French code civil provides:  “Any action arising out of hidden defects shall be brought by the purchaser within a time limit of two years from the discovery of the defect.”  »

9.4. Implementation of the legal guarantee of conformity and the guarantee against hidden defects: : To assert his/her rights, the client shall inform VIWON in writing (e-mail or regular mail) of the non-conformity of the products or of the existence of hidden defects from the moment of their discovery.

VIWONE shall refund, repair, or replace the products or parts covered by the guarantee which are deemed to lack conformity or to be defective.

Shipping costs shall be reimbursed based on the invoiced rate and return costs shall be reimbursed upon presentation of receipts.

Products deemed to lack conformity or to be defective shall be refund, replaced or repaired as soon as possible and in any case within thirty (30) days from the finding.

9.5. Law governing guarantees: Guarantees are governed by French law. However, French law shall not deprive a client living in another EU Member State from guarantee provisions in force under his/her domestic law pursuant to the directive dated May 25th, 1999 on certain aspects of the sale of consumer goods and associated guarantees.

Claims based on guarantees shall be sent to the after-sales service:

• Either by e-mail to the following address: contact@viwone.com
• Or by post to the following address: Viwone, 48 Boulevard Gouvion Saint Cyr 75017 PARIS – FRANCE

Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The return postage costs will be reimbursed to the client within thirty (30) days of receipt of the product by the seller.

VIWONE shall not be liable for any non-performance or any breach of the agreement resulting either from the client’s action or from an unavoidable and unforeseeable action of third party or from an event of force majeure.

VIWONE shall not be liable if the product does not comply with the law of the client’s country if he/she does not live in France; the client shall be responsible for checking that the product is not prohibited for sale in his/her country.

The cancellation of the order in cases provided for in the present T&Cs shall be pronounced by registered mail with acknowledgement of receipt or by electronic letter and shall be effective automatically and without need for any further legal action.

13.1. Notification of the withdrawal: The client may exercise his/her right of withdrawal within fourteen (14) days of the receipt of the product by the client himself or the third party appointed by the client to receive delivery.

To exercise this right of withdrawal, the client shall notify VIWONE of his/her decision to withdraw by means of an unequivocal statement (for example a letter sent by post, facsimile, e-mail so long as the relevant contact details are available and thus appear on the model withdrawal form). Such notification shall include the client’s name, postal address, phone number and e-mail address.

The client may also fill out and submit the model withdrawal form or any other unequivocal declaration via the www.viwone.com website.

If the client uses this option, VIWONE will send an acknowledgment of receipt of withdrawal without delay.

The client shall be deemed to have respected the fourteen (14) day withdrawal period if he/she has sent his/her notice concerning the exercise of the right of withdrawal before this period has expired.

13.2. Products return: If the client withdraws from contract, he/she shall return the product within fourteen (14) days following the communication of his/her decision to withdraw and in accordance with the provisions below.

If the client withdraws from contract, VIWONE shall collect the product via the carrier. However, the relevant product return costs will be borne by the client.

13.3. Reimbursement: Returning all ordered products will result in VIWONE reimbursing all sums paid by the client provided he/she strictly complies with the return procedure communicated by VIWONE’s after-sales service within the above-mentioned fourteen (14) day period. Reimbursement shall be carried out within fourteen (14) days from VIWONE’s receipt of the client’s request to exercise his/her right of withdrawal.

Reimbursement shall be carried out using the same means of payment as the one used by the client for the initial transaction. Subject to client’s express approval, another means of payment may be used. In any case, the client shall not incur any fees as a result of such reimbursement.

If he withdraws from contract after having used the product(s), the client shall be responsible for any diminished value of the product(s) resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of such good(s). According to the European Commission, in order to establish the nature, characteristics and functioning of products, the consumer should only handle the products in the same manner as he would be allowed to do in a shop.

VIWONE may defer the reimbursement until it has received the product(s) or until the client has supplied evidence that he/she has shipped said product(s), whichever is the earliest. Evidence of shipment shall mean any means by which shipment of the product to VIWONE can be proven without any possible dispute.

Elements reproduced on the www.viwone.com website, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.

Any reproduction and distribution of these elements without the prior written approval of the publisher may give rise to legal proceedings.

All personal data provided directly and/or indirectly by the client to VIWONE are strictly confidential and shall be used by VIWONE or its partners to carry out operations related to the orders, i.e. delivery, invoicing, accounting, monitoring of “customer relations” such as satisfaction surveys, management of complaints and after-sales services, fighting fraud, etc.

For complete information on the processing of personal data, you are invited to consult the Privacy Policy in which details are provided concerning:

• The legal basis for the processing of the personal data collected;
• The types of personal data collected;
• The period during which the personal data collected are stored;
• The purposes for which the personal data collected are processed, in particular for advertising purposes;
• The personal data which VIWONE shares with its partners, in particular on social networks;
• VIWONE’s hosting of the personal data collected;
• The measures implemented by VIWONE to ensure the security of the personal data collected, in particular to prevent fraudulent behaviour.

Furthermore, the Privacy policy includes information for clients concerning the cookie policy of the viwone.com website and in particular:

• The usefulness of cookies
• The list of cookies issued on the websites of VIWONE and of its partners,
• The means to prevent cookies from being stored on the client’s mobile and/or computer terminal.

In accordance with the Privacy Policy, the client may at any time:

• Object the processing of personal data for legitimate reasons;
• Access all his/her personal data any time in particular from the « My account » section of his/her client account;
• Rectify, update and erase his/her personal data at any time from the « My account » section of his/her client account;
• Request the portability of his/her personal data;
• Request a restriction to the processing carried out by VIWONE in respect of his/her personal data.

Furthermore, the member may communicate instructions concerning the storage, erasure and communication of his/her personal data after his/her death.

To exercise these rights against VIWONE, the client may choose to send a request (including his e-mail address, name, first name, postal address and a copy of his proof of identity):

• By e-mail to the following address: contact@viwone.com ;
• In the contact section of the viwone.com website;
• By post to the following address: Viwone, 48 Boulevard Gouvion Saint Cyr 75017 PARIS – FRANCE

An answer will be sent to the client within one (1) month from the receipt of the request.

16.1. Prior complaint: In case of dispute, the client shall as a priority contact VIWONE’s customer service by e-mail to contact@viwone.com or by post to: Viwone, 48 Boulevard Gouvion Saint Cyr 75017 PARIS – FRANCE.

16.2. Request for mediation: If the prior complaint lodged with the customer service has failed or has not been answered to within two (2) months, the client may submit his dispute with VIWONE regarding the order or these T&Cs to a mediator who shall independently and impartially try to bring the parties together in order to find an amicable solution.

To submit a request for mediation, the client may use the complaint form available on the mediator’s website (France : www.mediation-conso.fr)

Parties to the agreement shall remain free to accept or refuse to resort to mediation and, should they resort to mediation, to accept or refuse the solution offered by the mediator.

Should the parties fail to find an amicable solution, any dispute relating to the existence, interpretation, conclusion, performance or termination of the agreement and to any document related to this agreement shall be brought before court by the client.

The competent court shall be the one having jurisdiction over the defendant’s domicile, the place of delivery of the good or the place of performance of the service.

These T&Cs and all transactions governed by them are subject to French law. The application of the Vienna convention on contracts for the internal sale of goods is expressly excluded.