VIKI PLATFORM COMMERCIAL TERMS AND CONDITIONS
PREAMBLE
These Commercial Terms and Conditions govern the purchase of Products offered by the Seller to the Customer (hereinafter collectively referred to as "the Parties"), via the VIKI Platform - in the event of a gap, absence, or contradiction in the Seller's GTC.
1. DEFINITIONS
The terms used below have the following meanings in these Platform Commercial Terms and Conditions:
- "Customer": means any person a natural person with the status of consumer, accessing the Platform and placing an Order for Products from a Seller.
- "Seller's General Terms and Conditions of Sale": means the Seller's general terms and conditions of sale, uploaded to their account, governing the sale of their products. The Seller's General Terms and Conditions of Sale are supplemented by the Platform's Commercial Conditions. In the event of a contradiction, the Platform's Commercial Conditions shall prevail over the Seller's General Terms and Conditions.
- "Order": means the purchase of any Product from one or more Sellers by a Customer via the Platform.
- "Customer Account": means the interface hosted on the Platform in which all the data provided by the Customer or User is grouped together, enabling them to benefit from the Services. Access to the Customer Account is via Login.
- "General Terms of Use" or "GCU": refers to the contractual terms and conditions made available at the bottom of each page of the Platform, in order to govern the use of the Platform by any User.
- "Platform Commercial Terms and Conditions": refers to this contract, applicable to the sale of Products through the Platform. The Platform Commercial Terms and Conditions supplement the Seller's Specific Terms and Conditions and apply primarily in the event of a gap in the Seller's Specific Terms and Conditions or a contradiction between these two documents.
- "Sales Contract":means the contractual package ultimately governing the sale of the Product through the The Sales Contract is made up of the Product Sheet, the Specific General Terms and Conditions of the Seller supplemented by the Commercial Conditions of the Platform. In the event of a contradiction between the two documents, the Platform's Commercial Terms and Conditions shall apply.
- "Specific Terms and Conditions of the Seller": means the Seller's General Terms and Conditions of Sale governing the distance selling of its Products.
- "Content": means all information, texts, logos, trademarks, animations, designs, photographs, data, hyperlinks, and, in general, all elements and content of the Seller, published on the Platform.
- "Product Sheet": means the commercial offer linked to a Product, which must provide all legally essential information. required.
- " Identifiers": means the User's identification and password, required to access their Customer Account on the Platform.
- " Platform": The Platform includes all the web pages, Services, and features offered to Users.
- "Operator": means the company that manages the Platform and connects the Parties.
- " Parties": in the plural, means the Customer and the Seller together. In the singular, refers to only one of the two Parties.
- "Payment Service Provider" or "PSP": refers to the company, holding a banking license, providing, through the Operator, payment services to Sellers to enable them to collect payments from Customers. The Operator's Payment Service Provider is: woo commerce.
- "Product":means household and family equipment, toys, cosmetics, pet supplies, and any product supplementing the offerings on the Operator's Website, offered to the Customer by the Seller on the Platform.
- "Services":means the various services provided by the Operator to Sellers, including, in particular, their listing on the Platform, connecting them with Customers, Payment Services, etc.
- "Site":means the Operator's main website.
- "User": refers to any person who accesses and browses the Platform, whether a Seller, Customer, or a simple Internet user.
- "Seller": refers to any professional seller who has subscribed to the Services offered by the Operator on the Platform, and more specifically, the Seller concerned by the sale governed by these terms and conditions.
2. PURPOSE
These Platform Commercial Terms and Conditions are proposed to harmonize the commercial policy applicable to the sale of Products on the Platform.
In the event of an absence, gap, or contradiction between the Seller's Specific General Terms and Conditions and the Commercial Terms and Conditions, these Commercial Terms and Conditions shall apply with priority. These documents will prevail in the following order: Product Sheet, Platform Terms and Conditions, and finally, the Seller's General Terms and Conditions.
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
It is specified that the latest version of the Terms and Conditions will apply to any new Order.
Any Order necessarily implies unconditional acceptance of the Seller's Specific Terms and Conditions and these Platform Terms and Conditions.
The Customer may review these Platform Terms and Conditions when ordering a Product from the Seller. They must be reviewed and expressly accepted before placing any Order.
The Customer is encouraged to read and print these Platform Terms and Conditions carefully, and keep a copy.
Prior to placing an order, the Customer declares:
- That they have full legal capacity to enter into any potential Sales Contract.
- Not to purchase Products for the purpose of reselling them.
- That the purchase of Products on the Platform is not directly related to their professional activity and is limited to strictly personal use.
4. CUSTOMER INFORMATION
In accordance with the provisions of the T&Cs: to place an Order on the Platform, the Customer must register on the Platform and create a Customer Account.
Using their Login Information, the Customer can log in to their Customer Account and place an Order for Products with the Seller.
The information the Customer provides to the Seller when placing an Order must be complete, accurate, and up-to-date.
The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility, and the information provided.
5. PRODUCT ORDERING PROCESS
5.1. Product Characteristics
The Seller undertakes to present the essential characteristics of the Products in the Product Sheet and the mandatory information under applicable law.
The Seller will, in particular, indicate, when legally required to do so:
- The repairability index of electrical and electronic equipment; furniture items; upholstered seating or sleeping products; textile decorative items, toys, sporting goods, leisure items, DIY, and garden items;
- The quality and environmental characteristics of any waste-generating Product (incorporation of recycled materials, use of renewable resources, durability, compostability, repairability, reuse possibilities, recyclability, and the presence of hazardous substances, precious metals, or rare earths);
- The applicable sorting rules;
Therefore, the Customer agrees to read them carefully before placing an order on the Platform. The Customer acknowledges having verified the suitability of the offer and the Products for their needs.
The Seller guarantees that the Products sold comply with current European legislation and the standards applicable in France.
5.2. Ordering Procedure
Product Orders are placed directly on the Platform. To place an Order, the Customer must follow the steps described below.
The Customer must select the Product(s) of their choice by clicking on the relevant Product(s).
The Customer must choose the desired quantity or, where applicable, the characteristics of the desired Product.
Once the Product(s) have been selected, they are placed in the Customer's shopping cart. The Customer may add as many Products as they wish to their cart.
Once the Products have been placed in their shopping cart, the Customer must click on the cart and verify that the contents of their Order are correct.
Once the Customer has validated the contents of the cart, an automatically completed online form will be displayed, summarizing the price and delivery costs, if applicable.
The Customer is invited to verify the contents of their Order (
including the quantity and references of the Products ordered, the size, if applicable, the billing address, the payment method, and the price) before confirming its contents.
Regarding the sale of Products, the Customer is invited to select the delivery method from among the delivery methods indicated as available on the Platform.
The Product delivery methods may be as follows:
- Home delivery;
After verification, the Customer may then proceed to secure payment for the Products by following the instructions on the Platform and provide all the information necessary for invoicing and delivery of the Products, if applicable. Orders placed must include all the information necessary for processing.
- Acknowledgment of Receipt
Once all the steps described above are completed, a page will appear on the Platform to acknowledge receipt of the Customer's Order. A copy of the Order acknowledgment will be automatically sent to the Customer by email, provided that the email address provided via the registration form is correct.
Neither the order form that the Customer creates online nor the acknowledgment of receipt sent to the Customer by email constitute an invoice.
If the Customer wishes to receive an invoice, they must request it from their Customer Account by contacting the Seller.
5.3. Order Date
The order date is the date on which the Order is acknowledged online. The delivery times indicated on the Platform only begin to run from this date.
5.4. Price
For all Products, the Customer will find prices displayed in euros, inclusive of all taxes (TTC), on the Product Sheets, as well as any applicable delivery charges. In addition, the price will include, where applicable, various taxes currently in effect or that may be adopted in the future, the eco-contribution, and any applicable eco-taxes.
Prices include, in particular, value-added tax (VAT) at the rate in effect on the Order date. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into effect.
The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the date the Order is placed by the Customer.
5.5. Product Availability
An unavailable Product is not, in principle, visible on the Platform.
In any event, it should be remembered that the Operator cannot be held responsible for the unavailability of a Product, or for any consequence of the Order or its cancellation, as the sales transaction is carried out under the sole and entire responsibility of the Seller.
6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the "Withdrawal Policy", a policy available in Appendix 3 hereof.
7. PAYMENT
7.1. Payment Methods
The Customer may pay for their Products online on the Platform using the payment methods offered, i.e., by:
When choosing their payment method, the Customer will be redirected to a secure area corresponding to their choice in order to proceed with the payment. In this case, the Customer declares that they are aware that all payments on the Platform are made via the Payment Service Provider managing the financial flows.
In this context, the Customer guarantees to the Seller that they hold all the required authorizations to use the chosen payment method.
All necessary measures will then be taken to guarantee the security and confidentiality of data transmitted online as part of the online payment on the Platform.
7.2. Payment Date
In the event of a single payment by credit card, the Customer's account will be debited as soon as the Product Order placed on the Platform is validated by the Seller.
7.3. Payment Refusal
In the event that, for whatever reason, whether due to opposition, refusal, or otherwise, the transmission of the funds owed by the Customer proves impossible, the Order and the sale will be canceled.
8. DELIVERY
The delivery terms are set out in
Appendix 1.
9. TRANSFER OF RISKS
Unless otherwise specifically agreed between the Parties, the transfer to the Customer of the risks of theft, loss, damage, or destruction occurs upon actual delivery of the Product.
10. WARRANTY
In addition to the commercial warranties that the Seller may offer for certain Products, all Customers benefit from "legal" warranties for all Products, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code.
Article 10.1. Guarantee of Conformity
Article L. 217-4 of the French Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this was his responsibility under the contract or was carried out under his responsibility."
Article L.217-5 of the French Consumer Code: "The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parts or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
The Seller may be liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, assembly instructions, or installation when this was the responsibility of the Seller or was carried out under its responsibility.
Actions resulting from a lack of conformity are time-barred after two (2) years from delivery of the Product (Article L.217-12 of the French Consumer Code).
In the event of a lack of conformity, the Customer may request replacement or repair of the Product, at their discretion. However, if the cost of the Customer's choice is manifestly disproportionate to the other available option, taking into account the value of the Product or the extent of the defect, the Seller may provide a refund, without following the option chosen by the Customer. If the Customer chooses to have the product repaired but the Seller does not carry it out, the Customer may request a replacement of the Product, which in this case is accompanied by a renewal of the legal guarantee of conformity. This provision applies either upon the expiry of the one-month period, or before this period when the non-repair is the result of a decision made by the Seller.
Any Product repaired under the legal guarantee of conformity benefits from a six (6) month extension of said warranty.
In the event that a replacement or repair is not possible, the Seller undertakes to refund the price
of the Product within thirty (30) days of receipt of the returned Product, in exchange for the Customer's return of the Product.
Finally, the Customer is exempt from providing proof of the existence of the Product's lack of conformity for twenty-four (24) months following delivery of the Product, except for used goods for which this period is set at six (6) months [twelve (12) months from January 1, 2022]. (Article L. 217-7 of the French Consumer Code).
It is specified that this legal guarantee of conformity applies independently of the commercial warranty
granted, where applicable, on the Products.
Article 10.2. Hidden Defects Warranty
The Seller is bound by the warranty against hidden defects in the Product sold that render it unfit for its intended use, or that so diminish this use that the Customer would not have purchased it, or would have paid a lower price for it, had they been aware of them. (Article 1641 of the Civil Code)
This warranty allows the Customer, who can prove the existence of a hidden defect, to choose between a refund of
the price of the Product if it is returned, and a partial refund of its price if the Product is not returned.
In the event that replacement or repair is not possible, the Seller undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product, in exchange for the Customer returning the Product. Any action resulting from latent defects must be brought by the Customer within two (2) years of discovery of the defect. (Paragraph 1of Article 1648 of the Civil Code)
11. LIABILITY
Unless otherwise provided by public policy, the Seller shall not be liable for the occurrence of any damage of any kind resulting directly or indirectly from the use or inability to use the Products. The Seller shall not be liable for any loss or destruction of any property, damage, or expense arising directly or indirectly from the use, misuse, or inability to use the Product by the Customer, whether independently or in combination with another Product.
Furthermore, the Seller shall not be held liable under any circumstances for non-performance or improper performance of contractual obligations attributable to the Customer, particularly when entering their order.
The Seller shall not be held liable, or considered to have breached these Terms and Conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
12. FORCE MAJEURE
The Seller shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these Platform Commercial Terms and Conditions results from a case of force majeure.
Force majeure exists in contractual matters when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was entered into, and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated, and the parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.
In the event of the occurrence of one of the aforementioned events, the Seller will endeavor to inform the Customer as soon as possible.
13. PERSONAL DATA
The Seller may collect and process the personal data of Platform Customers when Ordering Products. As such, it guarantees that it processes this data in compliance with the rights and obligations arising from Law No. 78-17 of January 6, 1978, relating to data processing, files, and civil liberties, as amended, known as the "Data Protection Act," and the General Data Protection Regulation (GDPR).
The Seller will be the joint controller of the personal data of Customers who order Products via the Platform.
The purpose of this processing is to track and manage the Order and the delivery of the Products, as well as for after-sales service.
Customer data is kept confidential by the Seller, for the purposes of the Sales Contract, its execution, and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer, or from your last contact if you are not yet a customer. The Seller undertakes not to use your data for any purposes other than those mentioned above.
The data may be communicated, in whole or in part, to the Seller's service providers involved in the ordering process.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and civil liberties, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, also known as GDPR), the Operator, as joint controller, ensures the implementation of the rights of data subjects.
Please note that the Customer whose personal data is processed has the right to access, rectify, update, transfer, and erase information concerning them, as well as the right to restrict processing in accordance with Articles 49, 50, 51, 53, and 55 of the French Data Protection Act and the provisions of Articles 15, 16, 17, and 18 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 56 of the French Data Protection Act and Article 21 of the GDPR, the Customer may also, for legitimate reasons, object to the processing of their data, without providing a reason and free of charge.
The Customer may also determine the fate of their data after their death and choose whether or not the Operator will share their data with a third party previously designated by the Customer.
The Customer may exercise these rights by sending an email to the Operator at the following address: contact@vikishop.org.
Finally, the Customer may also file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
The entire policy relating to the processing of personal data implemented by the Operator is detailed in the Platform's Privacy Policy.
14. COMPLAINTS
Any Customer may file a complaint with the Seller regarding a Product Order.
The Customer may contact the Seller via the internal messaging system provided on the Platform, upon receipt of any Product (or the expected date of receipt of the Product), for example in the following cases:
- Product not received;
- Non-compliant Product: the Product received does not correspond to the Product ordered;
- Damaged Product: the Product received is damaged or incomplete.
The Customer must also provide the order number in question.
Any dispute related to the Product Order will be settled directly between the Customer and the Seller, who are the sole Parties to these Platform Terms and Conditions.
The Seller and/or the Customer may nevertheless request the Operator to mediate between
them, via their respective interfaces.
15. INTELLECTUAL PROPERTY
All Content published on the Seller's personal space is the property of the Seller, or is Content for which the Seller has a license to use it.
Any representation or reproduction, in whole or in part, of the Content, by any means whatsoever, without the express prior authorization of the Seller, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
Acceptance of these Platform Commercial Conditions constitutes the Customer's acknowledgement of the Seller's intellectual property rights and an undertaking to respect them.
16. VALIDITY OF THE COMMERCIAL TERMS AND CONDITIONS
Any change in applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these Platform Commercial Terms and Conditions, shall not affect the validity of this Agreement. Such a change or decision shall not, under any circumstances, authorize Customers to disregard these Platform Commercial Terms and Conditions.
17. MODIFICATION OF THE COMMERCIAL TERMS AND CONDITIONS
These Platform Commercial Terms and Conditions are precisely dated and may be modified and updated at any time. However, it is specified that the applicable Platform Commercial Terms and Conditions are those in effect at the time of the Order. Therefore, any changes made to the Platform Commercial Terms and Conditions will not apply to Products already purchased.
18. JURISDICTION AND APPLICABLE LAW
These Commercial Terms and Conditions, as well as the relationship between the Customer and the Seller, are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to arbitration or state courts, the Customer is invited to contact the Seller's complaints department.
APPENDIX 1 - DELIVERY POLICY
Shipping Time
The timeframes for preparing an Order, before shipping Products in stock, are indicated in the shopping cart or, failing that, in the Seller's General Terms and Conditions. These timeframes do not include weekends or public holidays.
An email will be automatically sent to the Customer when the Products are shipped, provided that the email address provided in the registration form is correct.
Timeframes & Delivery Costs
During the order process, the Seller informs the Customer of the possible delivery times and options for the Products purchased. Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the Customer in addition to the price of the Products purchased. Details of delivery times and costs are indicated in the Customer's shopping cart.
In the event that the Seller fails to meet the indicated delivery times, the Customer may terminate the Sales Contract with immediate effect upon the expiry of a reasonable period granted by the Customer to the Seller to process the shipment.
In this case, the Seller will refund all amounts paid within a maximum of fourteen (14) days from the date of termination of the Sales Contract.
Delivery Terms
The delivery terms are detailed on the Seller's Product Sheet or, failing that, in the Seller's General Terms and Conditions. The Seller undertakes to comply with the delivery method chosen by the Customer from those offered by the Seller. The Seller may ship an Order in multiple shipments, at no additional cost to the Customer.
Delivery Issues
It is the Customer's responsibility to inspect the delivered Products upon delivery.
In the event of incomplete, damaged, or apparent non-compliance, the Customer must refuse the Products.
The Seller will bear the sole cost of returning the product in the event of:
- A reference error attributable to the Seller,
- The application of a legal guarantee of conformity
- A defective, non-compliant product, or one that appears damaged upon unpacking,
- Any other reason for which the law requires the Seller to bear the cost of return
APPENDIX 2 - WITHDRAWAL POLICY
