Refund Policy

Refund policy of the website 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, telephone: +33518270003, email: hello@allvaron.com, EU VAT number: FR79904295003, hereinafter referred to as "the Publisher," and any individual or legal entity, whether private or public, registered on the Website to purchase a Product, hereinafter referred to as "the Customer."

ARTICLE 2. DEFINITIONS

"Client": any individual or legal entity, whether private or public, registered on the Site.

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

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

"Internet user": any individual or legal entity, whether private or public, connecting to the Site.

"Product": any type of good 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 openly accessible to all Internet users. Browsing the Site implies acceptance of these general terms and conditions by any Internet user. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, constitutes full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

By the same token, the Internet user acknowledges having fully read and accepted them without restriction.

By ticking the aforementioned box, it will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of the automatic recording systems of the Publisher and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms, in particular those of the Internet user.

Acceptance of these general terms and conditions requires that Internet users have the necessary legal capacity, or, failing that, that they have authorization from a guardian or curator if they are legally incapacitated, from their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is to sell Products to Clients.

ARTICLE 5. ORDER STEPS

5.1. Order

To place an order, Users may select one or more Products and add them to their cart. The availability of Products is indicated on the Site, in the description 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 User

By viewing their cart, Users will be able to check the quantity and type of Products they have selected and verify their unit price as well as the total price. They will have the option to remove one or more Products from their cart.

If their order suits them, Users may 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

Once 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 displaying the statement "order with obligation to pay" or any similar wording.

5.4. Order confirmation by the Publisher

Once payment has been duly received by the Publisher, the latter undertakes to acknowledge receipt to the Client by electronic means within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Client a summary email of the order, confirming its processing and including all related information.

ARTICLE 6. PRICES - PAYMENT

6.1. Prices

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

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

6.2. Payment Terms

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

For payments by credit card, the Publisher does not have access to any data relating to the Client's payment methods. Payment is made directly to the banking institution.

In the case of payment by money order, check, or bank transfer, delivery times begin only from the date the payment is received by the Publisher.

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. Payment default

The agreed payment dates may not be postponed for any reason whatsoever, including in the event of a dispute.

Any amount not paid by the due date will automatically and without formal notice incur late payment penalties calculated at a rate equal to three 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 in the amount of 40 euros, the immediate payment of all outstanding sums regardless of the agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's fault. This clause falls within the provisions of Article 1152 of the Civil Code, allowing the judge to reduce the penalty if deemed 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 available 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 to the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to respond within 2 business days.

7.2. Right of withdrawal – Distance selling

This Article 7.2 applies to Customers who qualify as consumers within the meaning of the preliminary 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 clear days to exercise their right of withdrawal without having to provide any reason or pay any penalties, except, where applicable, for return shipping costs.

The period mentioned in the previous paragraph begins either on the day the distance contract is concluded for contracts relating to the supply of a service and/or the supply of digital content not supplied on a tangible medium, or on the day the good is received by the Customer or a third party, other than the carrier, designated by them, for sales contracts and service contracts 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 consisting of multiple lots or pieces delivered over a defined period, the period begins upon receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period begins upon receipt of the first good.

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

The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and 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 shall return or hand over 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 is required to reimburse the Customer for all amounts paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first. Beyond this period, the amount due shall, by operation of law, accrue interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.

Where applicable, the professional will issue the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another payment method and provided that the refund does not incur any fees for the Customer. However, the professional is not required to refund any additional costs if the Customer has expressly chosen a more expensive delivery method 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 is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.

The conditions, time limits, 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 provision of services fully performed before the end of the withdrawal period and whose performance began after the Client's prior express consent and express waiver of their right of withdrawal;
for the supply of goods made to the Client's specifications or clearly personalized;
for the supply of goods that are likely to deteriorate or expire rapidly;
for the supply of goods that 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 value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
for urgent maintenance or repair work to be carried out at the Client's home and expressly requested by them, limited to spare parts and work strictly necessary to meet the emergency;
for the supply of audio or video recordings or computer software that have been unsealed by the Client after delivery;
for the supply of newspapers, periodicals, or magazines, except for subscription contracts to such publications;
concluded at a public auction;
for the provision of accommodation services, other than residential accommodation, transport of goods, car rentals, catering, or leisure activities to be provided on a specific date or during a specific period;
for the supply of digital content not provided on a tangible medium, where performance has begun after the Client's prior express consent and express waiver of their right of withdrawal.

Likewise, the right of withdrawal does not apply to contracts fully performed 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 if the delivery date of the goods is exceeded by more than seven days. The Client will then be reimbursed for the amounts paid at the time of the order.

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

7.4. Warranties

7.4.1. Warranty against apparent defects and faults

It is the Client's responsibility to check the good condition of the Products at the time of delivery. This verification should in particular concern the quality, quantities, and references of the Products as well as their conformity with the order. No claim will be considered after a period of three days from delivery. In any case, any claim concerning delivered parcels will only be considered if the Client, acting as a merchant, has made reservations with the carrier in accordance with Articles L. 133-3 et seq. of the Commercial Code.

7.4.2. Warranty against hidden defects and faults

7.4.2.1. Legal warranties

Clients benefit from 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 who are consumers also benefit from a legal warranty of conformity (Articles L. 217-4 et seq. of the Consumer Code).

7.4.2.2. Conventional warranty

In addition to the legal warranty, the Products benefit from a conventional warranty of conformity in France, for a period of 1 years from the delivery of the Product.

7.4.2.3. Return

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

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

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

The consumer Client has a period of 2 years from the delivery of the goods to take action against the seller. In this respect, they may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Client is not required to provide proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of said Product, except for second-hand goods.

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

When the consumer Client decides to invoke the warranty against hidden defects, they may choose between cancellation of 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. Amendments to 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 force on the day of their order or their connection to this Site; any new connection to the personal space constitutes, where applicable, acceptance of the new general terms and conditions.

8.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Customer that may arise in connection with the performance of these general terms and conditions and for which an amicable solution could not be found beforehand 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: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a 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 any clause 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 force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of these terms and conditions.

8.5. No Waiver

The failure of the Publisher to exercise the rights granted to it herein shall in no way be interpreted as a waiver of asserting said rights.

8.6. Telephone Solicitation

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

8.7. Languages of these General Terms and Conditions

These general terms and conditions are provided 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 regarding unfair terms in contracts concluded between a professional and a consumer.