Refund Policy

Website refund policy allvaron.com

applicable from 30/07/2023

ARTICLE 1. PARTIES

This refund policy applies between SHOPADVENTURE SAS, share capital: 2000 €, registered with the RCS of 904295003 in France on 18/10/2021, under number 904295003, registered office: 1 AVENUE D'ESTER, 87069 LIMOGES CEDEX 3, FR, phone: +33518270003, email: hello@allvaron.com, VAT number: FR79904295003, hereinafter "the Publisher" and any natural or legal person, private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".

ARTICLE 2. DEFINITIONS

"Customer": any person, natural or legal, under private or public law, registered on the Site.

"Site Contents": elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

"The Publisher": SHOPADVENTURE SAS in its capacity as the publisher of the Site.

"Internet user": any person, natural or legal, under private or public law, connecting to the Site.

"Product": any goods sold on the Site by the Publisher to Customers.

"Site": website accessible at the URL allvaron.com, as well as related sub-sites, mirror sites, portals, and URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely and freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, notably via a robot or a browser, will constitute full and complete acceptance of these general conditions. Upon registration on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user acknowledges having fully read and accepted them without restriction.

Checking the above box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user acknowledges the evidential value of the automatic recording systems of the Publisher and, unless they provide contrary proof, waives contesting them in case of dispute.

These general conditions apply to the relations between the parties to the exclusion of all other conditions, notably those of the Internet user.

Acceptance of these general conditions implies that Internet users have the necessary legal capacity for this, or failing that, that they have authorization from a guardian or curator if they are incapacitated, from their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The Site's purpose is the sale of Products to Clients.

ARTICLE 5. ORDER STEPS

5.1. Order

To place an order, Internet users can select one or more Products and add them to their cart. The availability of Products is indicated on the Site, in the descriptive sheet of each item. When their order is complete, they can access their cart by clicking the button provided for this purpose.

5.2. Order validation by the Internet user

By viewing their cart, Internet users will have the ability to verify the quantity and nature of the Products they have chosen and can check their unit price as well as their total price. They will have the option to remove one or more Products from their cart.

If they are satisfied with their order, Internet users can validate it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Client

As soon as they are logged in or after they have fully completed the registration form, Clients will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected to the secure payment interface bearing the mention "order with payment obligation" or any similar phrase.

5.4. Order confirmation by L’Editeur

Once the payment is effectively received by L’Editeur, the latter commits to acknowledge receipt to the Client electronically within a maximum of 24 hours. Within the same timeframe, L’Editeur commits to send the Client an email summarizing the order and confirming its processing, including all related information.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by L’Editeur. The displayed prices are only valid on the day of the order and do not apply for the future.

The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery charges.

6.2. Payment method

The Client can make their payment via Paypal, Stripe, Shopify Payment.

For payments by credit card, L’Editeur has no access to any data related to the Client's payment methods. The payment is made directly to the banking institution.

In case of payment by money order, check, or bank transfer, the delivery times only start from the date the payment is received by L’Editeur.

6.3. Invoicing

The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Default of payment

The agreed payment dates cannot be delayed under any pretext, including in case of dispute.

Any amount not paid on the due date will automatically and without formal notice incur late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal amounts due.

Furthermore, any late payment will result in the defaulting Customer being charged collection fees of 40 euros, the immediate payment of all remaining amounts due regardless of agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility to unilaterally terminate the contract to the detriment of the Customer. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.

6.5. Retention of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. COMPLAINT - WITHDRAWAL – WARRANTY

7.1. Customer service

The Site's customer service is accessible from Monday to Friday from 09:00 to 17:00 at the following non-premium rate phone number: 0518270003, by email at: hello@allvaron.com or by postal mail at the address indicated in article 1 of these general conditions. In the latter two cases, the Publisher commits to providing a response within 2 working days.

7.2. Right of withdrawal – Distance selling

This article 7.2 applies to the Customer who qualifies as a consumer within the meaning of the introductory article of the Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen full days to exercise their right of withdrawal without having to justify reasons or pay penalties, except, where applicable, for return costs.

The period mentioned in the previous paragraph runs either from the day the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not supplied on a tangible medium, or from the receipt of the good by the Customer or a third party, other than the carrier, designated by them, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or last part. For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.

When the fourteen-day period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next working day.

The withdrawal decision must be notified to the Publisher at the contact details indicated in Article 1 of these general conditions by means of an unequivocal statement. The Customer may, for example, use the standard form provided at the end of these general conditions. In any case, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.

7.2.2. Effects of the right of withdrawal

The Customer returns or hands back the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of their decision to withdraw.

When the right of withdrawal is exercised, the professional must refund the Customer all amounts paid, as soon as possible and no later than fourteen days from the date this right was exercised. If applicable, the professional may delay the refund until the Products are recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first. Beyond this, the amount due shall, by operation of law, bear interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.

If applicable, the professional refunds using the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to use another payment method and provided that the refund does not incur any fees for the Customer. However, the professional is not required to refund additional costs if the Customer has expressly chosen a delivery method more expensive than the standard delivery method offered.

The direct costs of returning the Product are borne by the Customer. These costs are estimated at a maximum of 1 euros if, due to its nature, the Product cannot normally be returned by post.

The Client's liability is only engaged with regard to the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product.

The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms and conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

for the supply of services fully performed before the end of the withdrawal period and whose execution began after the Client's prior express consent and express waiver of their right of withdrawal;
for the supply of goods made according to the Client's specifications or clearly personalized;
for the supply of goods liable to deteriorate or expire rapidly;
for the supply of goods which have been unsealed by the Client after delivery and cannot be returned for reasons of hygiene or health protection;
for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;
for maintenance or repair work to be carried out urgently at the Client's home and expressly requested by them, limited to the spare parts and work strictly necessary to meet the emergency;
for the supply of audio or video recordings or computer software when they have been unsealed by the Client after delivery;
for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
concluded during a public auction;
for the provision of accommodation services, other than residential accommodation, transport of goods services, car rentals, catering or leisure activities that must be provided on a specific date or during a specific period;
for the supply of digital content not provided on a tangible medium whose execution began after the Client's prior express consent and express waiver of their right of withdrawal.

Similarly, the right of withdrawal does not apply to contracts fully executed by both parties at the express request of the Client before the latter exercises their right of withdrawal.

7.3. Termination of the contract at the Client's initiative

The consumer Client may terminate the contract by registered letter with acknowledgment of receipt in case of exceeding the delivery date of the good by more than seven days. The Client will then be reimbursed for the amounts paid by them at the time of the order.

This clause does not apply if the delivery delay is due to a force majeure event. In such a case, the Client agrees not to take legal action against the Publisher and waives the right to invoke the sale cancellation provided in this article.

7.4. Warranties

7.4.1. Warranty of visible defects and faults

It is the Client's responsibility to check the good condition of the Products upon delivery. This check must notably cover the quality, quantities, and references of the Products as well as their conformity to the order. No claim will be accepted after a period of three days from delivery. In any case, any claim regarding delivered packages will only be considered if the Client with merchant status has made reservations with the carrier in accordance with articles L. 133-3 and following of the Commercial Code.

7.4.2. Warranty of hidden defects and faults

7.4.2.1. Legal warranties

Clients have a legal warranty of proper delivery (article 1604 of the Civil Code), a legal warranty against hidden defects (articles 1641 et seq. of the Civil Code), and a safety warranty (articles 1245 et seq. of the Civil Code).

Clients with consumer status also have a legal warranty of conformity (articles L. 217-4 et seq. Consumer Code).

7.4.2.2. Conventional warranty

The Products benefit, in addition to the legal warranty, from a conventional conformity warranty on French territory, lasting 1 years from the delivery of the Product.

7.4.2.3. Return

To invoke the warranty, it is the Client's responsibility to return the product to the Publisher's head office address, accompanied by an explanatory letter requesting either repair, exchange, or refund.

In any case, the Client is asked to precisely follow the Publisher's instructions regarding the return of Products.

The return costs of the Product remain the responsibility of the Client, except for Consumer Clients invoking the conformity warranty of articles L. 217-4 et seq. of the Consumer Code.

The Consumer Client benefits from a period of 2 years from the delivery of the good to take action against the seller. In this respect, they can choose between repair or replacement of the Product, subject to the cost conditions provided by article L.217-9 of the Consumer Code. Finally, the Client is exempt from proving the existence of the Product's non-conformity defect during the 24 months following the delivery of said Product, except for second-hand goods.

If applicable, the legal warranty of conformity applies independently of the commercial warranty.

When the Consumer Client decides to invoke the hidden defects warranty, they can choose between canceling the sale or a reduction in the sale price.

ARTICLE 8. FINAL PROVISIONS

8.1. Applicable Law

These general terms and conditions are subject to the application of French law.

8.2. Modifications of these general terms and conditions

These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in effect on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, if applicable, of the new general terms and conditions.

8.3. Disputes

Under Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Customer that may arise in the context of the execution of these general terms and conditions and whose solution could not be found amicably between the parties must be submitted.

Furthermore, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Sas Médiation Solution / https://www.sasmediationsolution-conso.fr/

8.4. Entirety

The invalidity of one of the clauses of this contract shall not result in the invalidity of the other clauses of the contract or of the contract as a whole, which shall remain in full effect and scope. In such a case, the parties shall, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.

8.5. Non-Waiver

The failure by the Publisher to exercise the rights granted to them under these terms shall in no case be interpreted as a waiver to assert said rights.

8.6. Telephone Solicitation

The Customer is informed that they have the possibility to register on the telephone solicitation opt-out list at the address http://www.bloctel.gouv.fr/.

8.7. Languages of these general terms and conditions

These general terms and conditions are offered in French.

8.8. Unfair Terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.