1. Scope and modification of the conditions of sale

These general conditions of sale apply to all orders placed on the website WWW.TOMVIALLE.COM

Omnibox reserves the right to adapt or modify these general conditions of sale at any time. In case of modification, the general conditions of sale in force on the day of the order will be applied to each order.

 

2. Our products

All product offers and delivery terms, at the prices indicated in Euros, are valid in mainland France within the limits of available stocks.

The prices are expressed inclusive of all taxes (20% VAT).

For orders from the European Union, the VAT rate applied is the same as that of France. You will simply have to pay additional shipping costs which will be indicated to you when choosing the delivery method.

A description with the essential characteristics of the product is present on each item that we sell. However, some minimal variations may occur, which is why it is recommended to contact our customer service in case of doubt (omnibox39@gmail.com)

We do everything necessary to render a faithful image of the products offered for sale by the images or photographs used for their presentation. Variations may nevertheless appear, in particular due to technical limitations, color rendering or customer equipment (internet browser, screen used). We therefore recommend that the customer refer to the description of the products on the site for their essential characteristics.

Except in the event of a warranty, any transaction between Omnibox and its customers, not contested within 14 days of delivery, cannot give rise to a complaint.

 

3. Order validation and electronic signature

The customer acknowledges being informed that his commitment does not require a handwritten or electronic signature, the acceptance of these general conditions of sale and of the ordering of the basket is implemented by the click mechanism.

 

4. Order

Any order implies acceptance of the prices and description of the products available for sale. The contract is formed when the confirmation of your order is issued.

At any time, you can get information about your order by contacting us: omnibox39@gmail.com

Following the validation of the basket, the Customer is redirected to the secure website https://stripe.com/fr to continue his order.

- Enter their email address, surname and first name as well as the delivery postal address.

- Choose your delivery method.

- Enter the billing address.

- Read the general conditions of sale in force and accept them without reservation by checking the box "I acknowledge having read the general conditions of sale and accept all of the terms without reservation". The validation of the order by its confirmation implies acceptance by the Customer of the GTCs in force on the day of the order, knowing that the Customer has the possibility of printing or saving these GTC or requesting them on request via: omnibox39 @ gmail.com

- Enter the details of his bank card.

- Validate the order, after having verified it, by clicking on the button "Order with obligation to pay", the Customer thus explicitly acknowledging his obligation to pay for the entire order.

Before this validation, the Customer will have the possibility to check the details of his order and, if necessary, to correct any errors or possibly to modify his order.

In the event of any data entry errors, the Customer will be responsible for any delays or delivery errors that may result therefrom and for the costs incurred for the new delivery of his order.

Upon payment of the order, the Customer will receive a confirmation email containing all the information relating to his order as well as the conditions for its execution in accordance with the provisions of article L.221-13 of the Code of trade, and to which is attached a version of the GTC in force on the day of the order. This summary email will include the following information in particular: Customer contact details, delivery and billing addresses, order number, date of the order, delivery method and time, designation of the Product ordered, price including VAT of the Product ordered, relative information the Customer's right of withdrawal as well as a standard withdrawal form.

 

5. Price

The prices are indicated in euros and take into account the French VAT in force.

These prices do not include delivery costs. Following the validation of the basket, the Customer is redirected to the website https://stripe.com/fr on which the price of the Product appears and, after providing the delivery address and the delivery method selected by the Customer. , the applicable delivery charges.

Omnibox may give its Customers as part of one-off operations promotional codes. These codes can only be used in direct relation to the online order placed on the Site and cannot be sold, exchanged, used for commercial purposes, or transferred free of charge. These promotional codes cannot be combined with each other or with any other special offer. Only one promotional code can be used during the same order.

 

6. Payment and security

Payment for orders is made by credit card (credit card, Visa, Mastercard), to the exclusion of any other means of payment, through the secure site https://stripe.com/fr, on which the Customer is automatically redirected to proceed with the validation of his basket online. Payment is made in full at the time of ordering.

Any unpaid order cannot be completed and will not be the subject of a delivery.

 

7. Terms and delivery times

Shipping terms: Packages are shipped Monday through Friday, excluding public holidays.

Delivery methods: The Tom Vialle store offers several delivery methods:

- Metropolitan France: € 6.50

- Overseas: € 35.00

- Europe Zone 1: Germany, Belgium, Luxembourg, Netherlands: € 13.00

- Europe Zone 2: Austria, Spain (excluding specific territories), Portugal (excluding Specific territories), United Kingdom, Ireland, Italy: € 16.00

- Europe Zone 3: Denmark, Estonia, Hungary, Lithuania, Latvia, Poland, Czech Republic, Slovakia, Slovenia, Sweden: € 18.00

- Europe Zone 4: Specific Territories of Spain (Balearic Islands, Canaries, Ceuta, Melilla), Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania: € 20.00

- Rest of the World: € 48.00.

 

If you are absent during the delivery:

If the size of your package allows it, it will be dropped off in your mailbox.

Otherwise, a transit advice note will be left to you, inviting you to collect your package from a post office or a relay point near you.

If you are unable to do so, you also have the option of authorizing a person of your choice to collect your package. This must be provided with a letter of authorization signed by you, and its identity document. Please note, without withdrawal within two weeks, the package will be returned to us. The delay will depend on the carrier who will communicate it to you.

Deliveries outside France:

For deliveries outside France, the delivery costs depend on the destination and will be announced to you when placing your order.

For transport reasons, products cannot be shipped to certain countries.

If applicable, the information will be given to you at the delivery stage of your order.

Taxes applied on your orders:

For deliveries in the European Union, French VAT applies to the order and you will not be able to recover the VAT in your country.

Additional information :

No compensation may be claimed if an item cannot be delivered: either following an unforeseen production stoppage, or following strikes, accidents, natural disasters, inability to obtain supplies or to all other causes beyond our control.

Delivery of orders is not possible on public holidays.

 

8. Right of withdrawal

If the size of a product ordered on La boutique Tom Vialle is not suitable, or if you simply realize that it does not meet your expectations, you have the option of returning it to us for reimbursement within the limit of 14 days after receipt of your order without having to justify your decision and without penalties.

A withdrawal form will be provided to you with your order.

Note that the return costs are your responsibility.

 

9. Return conditions

- Fill out the withdrawal form provided with your order. You can also ask us via the email address: omnibox39@gmail.com

- Return the item in the box in which it was sent to you or in an identical box (reinforced, same size) if the first one has been damaged.

- Attach a RIB to your return so that we can refund your order.

The product should not have been worn but just tried on. All labels must be present on the product for the exchange to be accepted. The product must be in perfect condition and well folded in the original packaging to avoid wrinkles. Also, don't forget to wrap the plastic wrap around the product to protect it.

As a reminder, the shipping costs of your return are your responsibility.

 

10.1 Commercial warranty

The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

 

10.2 Legal guarantee

Regardless of the guarantee thus granted, The Tom Vialle store remains liable for defects in conformity of the product with the contract in accordance with articles L.211-4 and following of the Consumer Code and for crippling defects, or hidden defects of the item sold, in the conditions provided for in articles 1641 et seq. of the Civil Code and 2232 of the Civil Code. These guarantees apply to the following address: omnibox39@gmail.com

REMINDER OF THE MAIN TEXTS:

o Article L. 217-4 of the Consumer Code:

“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.

o Article L. 217-5 of the Consumer Code:

"To be in conformity with the contract, the good must: Be fit for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

- or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.

o Article L. 217-12 of the Consumer Code:

"The action resulting from the lack of conformity lapses two years after delivery of the goods".

o Article 1641 of the Civil Code:

"The seller is bound by the warranty for hidden defects in the item sold which makes it unfit for the use for which it is intended, or which reduces this use so much that the buyer has not acquired it, or 'would have given a lower price, if he had known them'

o Article 1648 paragraph 1 of the Civil Code:

"The action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect"

 

11. Provision of the law "Information technology and freedoms"

At any time, you have the right to access, modify, rectify and delete data concerning you (art 34 of the “Informatiques et Libertés” law of January 6, 1978).

 

12. Completeness

In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.

 

13. Responsibilities and dispute resolution

The Tom Vialle store cannot be held liable for the inconveniences and damages relating to the use of the Internet network such as a break in the service, the presence of computer viruses or external intrusions or more generally all cases qualified as force majeure by the courts.

In the event of a dispute, an amicable solution will be sought before any legal action. A recovery procedure will be initiated by us. This procedure will result in the invoicing of recovery costs of a lump sum of 45 € per order. Failing that, any legal action will be brought before the competent courts that the plaintiff can seize at his choice: the court of the place where the defendant remains, of the place of the actual delivery of the thing or of the place of performance of the service. service.

These conditions are subject to French law.

 

Updated December 6, 2020