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Terms of Sales
1 - Application of the general terms of sale
These general terms of sale apply to sales concluded between the company VALENTIN, RCS 350 933 073 Amiens (hereinafter "VALENTIN") and any consumer, non-professional or professional customer (hereinafter "Buyer" or « Purchaser ») wishing to acquire the products offered for sale on the website accessible via the link www.valentin.fr (hereinafter the “Site”).
Placing an order implies the Buyer's full and unreserved acceptance of these general terms of sale to the exclusion of all other documents such as flyers, catalogs, issued by VALENTIN and which are only indicative. No particular condition can, except formal and written acceptance of VALENTIN, prevail over these general terms of sale. Any contrary condition imposed by the purchaser will therefore, in the absence of express acceptance, be unenforceable against VALENTIN, regardless of when it may have been brought to its attention.
These general conditions are accessible at any time on the Site under the "General terms of sale" tab. The applicable conditions are those in force on the day of the order, which prevail over any other version or document.
The Purchaser declares to have read these general conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure. The validation of the order confirms the full and complete acceptance of these conditions by the Buyer.
The Purchaser acknowledges having the capacity required to contract and acquire the products offered on the Site, and in particular to be of legal age and not to be under tutorship or guardianship.
2 - Orders
The Buyer will place an order in accordance with the instructions given to him on the Site.
He undertakes to complete the order, making sure to provide complete and accurate information. In the event of an error (name, address, telephone number, etc.), VALENTIN cannot be held responsible for delays caused in the delivery of products. The cost of returning the products will be borne by the Buyer.
As a reminder, the steps to conclude the sale on the Site are as follows:
1. The Buyer chooses his products by clicking on the "Add to basket" tab.
2. The order is the subject of a summary that the Buyer is able to verify and correct if necessary.
3. The Buyer confirms his order by clicking on the "Order" tab.
4. The Buyer provides his personal details and the delivery address for his order.
5. The Buyer verifies the accuracy of the order and corrects it, if necessary, immediately.
6. The Buyer pays on the secure site of VALENTIN's financial partner.
The sale will be definitively formed after sending the customer confirmation of acceptance of the order, and after receipt of the full price.
3 - Price
Orders are payable in euros, in full and in cash on the day the order is placed on the Site by the Buyer.
The payment method offered is the bank card (visa, credit card, mastercard), the amount of the order will be debited on the day of the order using the Clic & Pay By module from the Crédit du Nord group.
No discount is applied by VALENTIN due to cash payment.
It is recalled that the confirmation of the order is conditional on full payment of the price of the products using a means of payment validated by VALENTIN.
VALENTIN will not be required to deliver the products ordered by the Buyer if the latter does not pay the price of the order in full under the conditions indicated above.
The reference price is that present on the website www.VALENTIN.com at the time the order is placed.
4 - Deliveries / Reception
Our deliveries are made by carriers selected by VALENTIN and give rise to invoicing of shipping costs according to a scale established by VALENTIN.
Packages must be checked upon delivery in the presence of the carrier. In the event of delay, loss or damage occurring during transport, it is the Purchaser's responsibility to formulate specific reservations with the carrier and to exercise, if necessary and within the regulatory deadlines, all recourse against the carrier. Any reservation or possible dispute relating to the conformity of the products will be made in writing by the Purchaser within a maximum period of 72 hours from receipt of the products. It is the Purchaser's responsibility to provide any justification as to the reality of the defects or anomalies observed. In addition, the Purchaser must give VALENTIN every facility to find these defects or anomalies.
We invite each of our customers to open the package in the imperative presence of the deliveryman before signing the delivery slip. This preliminary step is the responsibility of the Buyer.
If the delivery person refuses to stay the time to check the content, do not hesitate to mention it on the delivery slip.
Parcel damaged on the outside but content is intact:
Has your package been damaged during transport? Even if the content is in good condition, be sure to mention this incident on the delivery note, take a photo of the damaged package, note on the delivery note that the package was opened or torn or that you received it incorrectly.
Package or missing part:
Contact Valentin quickly to report the problem on the website www.valentin.fr Contact section> Internet order tracking
A part is damaged:
Make reservations on the delivery slip detailing the defect or damage.
Contact Valentin quickly to report the problem on the website www.valentin.fr Contact section> Internet order tracking
Attach one or more photos, the reference of the damaged part.
Our team will study your file and give you a credit note if necessary and ask you to place a new order.
The package and its contents are damaged:
Contact Valentin quickly to report the problem on the website www.valentin.fr in the Contact section> Internet order tracking.
Make reservations on the delivery slip detailing the defect, breakage, damage and / or missing product.
Take photos of the package and its contents.
Send the reservations made by registered mail with acknowledgment of receipt to the CARRIER within 72 hours of delivery.
In extreme cases, the package may be refused if too many parts are damaged.
5 - Delivery times
The delivery times are fixed for information only according to the possibilities of supply and transport of VALENTIN, except express and imperative agreement given in writing between the Parties. In the absence of such an agreement, time overruns will not give rise to damages, withholding or cancellation of orders in progress. Delays that may occur within a maximum period of 30 days cannot give rise to any compensation or penalty, nor justify the cancellation of the order. Beyond a delay of 30 days, the Buyer may give VALENTIN formal notice in writing or demand a refund.
Generally, delivery takes place within 72 hours in Metropolitan France for all orders validated before 12 noon from Monday to Friday and dispatchable by VALENTIN via DPD.
VALENTIN is authorized to make total or partial deliveries. In the event of a delay on the part of the Purchaser, and at his request, VALENTIN is required to specify by all means the delivery date on which the order will be likely to be fulfilled.
6 - Transfer of ownership and transfer of risk
The transfer of ownership of VALENTIN products, to the benefit of the Purchaser, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products.
The risk of loss and deterioration will be transferred when VALENTIN hands over the products to the carrier.
7 - Withdrawal period for consumer customers
In accordance with the legal provisions in force, the Consumer Purchaser has a period of fourteen (14) days from the date of receipt of the products ordered to exercise his right of withdrawal from VALENTIN, without having to justify reasons or to pay at the end of exchange or refund.
The Buyer must return the products, to the same address, within fourteen (14) days of notification of his decision to withdraw, in their original packaging, unused and in perfect condition, without any trace or mark, with all accessories (including instructions) and any gifts offered. He must return the product with a duplicate of the invoice as well as the "return slip" duly completed, to be downloaded from the site www.valentin.fr.
The refund will be made within fourteen (14) days of receipt of the returned products by the Buyer. Refunds will be made in the absence of agreement with the Purchaser, using the same means of payment as that used by the latter when ordering.
8 - Force majeure
Neither party can be held liable towards the other for a breach of its contractual obligations in the event that this breach is caused by an event constituting force majeure, as defined by article 1218 of the French Civil Code.
The following will be expressly considered as a case of force majeure: fire, flooding, strikes by carriers, energy supply disruptions.
The party affected by the force majeure event must immediately notify the other party in writing. If the latter is prevented from performing its obligations for more than thirty (30) consecutive days due to an event of force majeure, the contract will be terminated automatically, without damages on either side.
9 – Liability
9.1 Responsibility of VALENTIN
VALENTIN is responsible for bodily injury and material damage caused to the customer resulting from a fault on his part.
When the Purchaser acts as a professional, VALENTIN can in no way be held liable, whatever the type of liability action taken, unless otherwise required by law, for intangible damage and / or sometimes qualified as indirect, accessories, special including damages resulting from loss of profits, loss of profit, deprivation of use suffered by the Buyer or a third party, damage to image.
When the Buyer or a third party has contributed to the damage, VALENTIN's liability will be limited to the level of the fault attributable to it, and for the part contributing to the realization of the damage.
In any event, and with the exception of bodily injury caused to persons, if the Buyer is a professional, VALENTIN's pecuniary liability will be capped at the total amount of the price paid for the offending product by the Buyer. This clause will be applied subject to the contrary provisions provided for by certain laws. In this case, the liability will be limited to the extent permitted by such legislation.
In any event, VALENTIN declines all liability due in particular to:
• Normal wear and tear of the product,
• Damage or accidents resulting from negligence, lack of supervision or maintenance or non-conforming use,
• Damage resulting from modifications, additions or repairs to the product,
• Damage resulting from a failure to follow the recommendations for the use of the products mentioned on the product description.
The transmission of data via the Internet may lead to the appearance of errors and / or the fact that the Site is not always available. Consequently, VALENTIN cannot be held responsible for the availability and interruption of the online service.
VALENTIN cannot be held responsible for damage, temporary or permanent, caused to the Buyer's computer system or for any loss or damage that may be suffered, in particular as a result of accessing or browsing its Site.
9.2 Extended producer responsibility
In accordance with article L. 541-10-13 of the Environmental Code, Valentin is subject to the principle of Extended Producer Responsibility (REP). As such, the Valentin company has joined the Valobat eco-organization. The Unique Identification Number (IDU) of Valentin is FR301533_04ECVH.
Article 62 of the anti-waste law for the circular economy (AGEC law) adopted on February 10, 2020 provides for the establishment of a unique identifier for all companies or entities subject to the principles of Extended Producer Responsibility (REP). Valentin has a unique identifier generated by the Ecological Transition Agency (ADEME): FR211638_01CDUD, which allows the company to be identified with an approved company subject to the EPR principle (CITEO packaging).
9.3 Responsibility of the Purchaser
The Purchaser is solely responsible for any direct damage caused by himself, to third parties or to VALENTIN, his representatives, directors, employees, which would result from a breach of his contractual or legal obligations.
The Buyer undertakes to respond to these people for all harmful consequences and also, and without limitation, in the event of a complaint, action, questioning or even liability, before any jurisdiction whatsoever, which could result from breaches of its legal or contractual obligations.
10 - Legal guarantees
10.1 Guarantee for the Consumer Buyer
If the Purchaser has acquired the products as a private consumer, the products are subject to the legal guarantee of conformity provided for by articles L.217-1 et seq. of the French Consumer Code (in the event of non-compliance of the product with contract) as well as the legal guarantee against hidden defects provided for in articles 1641 and following of the French Civil Code (in the event of a hidden defect in the product).
VALENTIN recalls the main existing legal provisions in this regard:
Article L.217-4 of the French Consumer Code:
The seller delivers 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.
Article L.217-5 of the French Consumer Code:
The good conforms to the contract:
1. If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has 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;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-12 of the French Consumer Code:
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article 1641 of the French Civil Code:
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 of the French Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
When acting as a legal guarantee of conformity, the private Purchaser:
- has a period of 2 years from the delivery of the goods to act;
- can choose between repair or replacement of the product, unless this choice entails a clearly disproportionate cost compared to the other modality, taking into account the value of the product or the importance of the defect;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The Consumer Buyer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.
10.2 Guarantee if the Buyer is a professional
If the Purchaser has acquired the products as a professional, the products are subject to the legal guarantee against hidden defects provided for in articles 1641 and following of the French Civil Code.
11 - Commercial guarantee
Except in cases of legal guarantees, the products marketed by VALENTIN can be guaranteed for a period of five years according to the indications given in the product description. The warranty is implemented in accordance with the return procedure specified in the “After-sales service and warranty” section. The warranty runs from the date of receipt of the product by the Purchaser. The warranty is limited to exchange, refund or repair. The warranty is excluded in the event of normal wear or deterioration caused by improper use or improper installation, in particular in the event of connection error, overvoltages, mechanical damage, fall, lack of maintenance. .
To be able to benefit from the commercial guarantee of the products, the Buyer must keep the purchase invoice and the original packaging.
12 - Computing and freedom
12. 1 Data processing and Buyer's rights
Personal customer data collected is subject to computer processing for which VALENTIN is responsible.
This processing is intended not only for order processing, but also for improving customer service and sending targeted offers. VALENTIN reserves the right to communicate them to any service providers responsible for the execution, processing, management and payment of orders. Personal data may be transferred to third parties for the execution of the order, for example to transport providers.
The data is kept for a period of three years from the end of the commercial relationship.
The Purchaser has at any time a right to access, modify, rectify and delete data concerning him in accordance with the French law "Informatique et Liberté" N ° 78-17 of January 6, 1978. To exercise this right, he just needs to send a letter to the following address: Société Valentin - 4 ZAC du Moulin 80210 FEUQUIERES-EN-VIMEU.
The use of personal information for purposes other than the execution of the order will only be possible when the Buyer has expressly given his consent, by activating this function in his Customer Account. The Buyer may, at any time, deactivate this function.
12.2 Rights of the Buyer after his death
Anyone can define guidelines for the retention, erasure and communication of their personal data after their death. These guidelines can be general or specific.
· The general directives concern all personal data and can be registered with a trusted digital third party certified by the CNIL.
· The specific directives concern the processing of personal data mentioned by these directives. They must be expressly registered with VALENTIN when collecting the data.
The general and specific directives define the way in which the person intends to exercise, after his death, the rights mentioned in Article 14.1.
The Buyer may modify or revoke his instructions at any time, on his customer account or by any other written means.
Directives may designate a person responsible for their execution. The latter then has the capacity, when the Purchaser is deceased, to take cognizance of the directives and request their implementation. In the absence of designation or, unless otherwise directed, in the event of the death of the Purchaser, his heirs are entitled to take cognizance of the directives and request their implementation.
13 - Telephone canvassing
In order not to be the subject of commercial prospecting by telephone, the Buyer can register for free on the list of opposition to canvassing by telephone managed by OPPOSETEL SAS, 92-98 Boulevard Victor Hugo - 92110 CLICHY.
This canvassing list is available at the following address: http://www.bloctel.gouv.fr/.
14 – Cookies
For statistical and display purposes VALENTIN informs the Buyer that cookies record certain information which is stored in the memory of his hard drive. These cookies also allow VALENTIN to offer the customer the offers best suited to their needs, based on the products they have already selected during previous visits.
15 - Intellectual property
The content of the Site (illustrations, texts, wording, brands, images, videos) is the property of VALENTIN and its partners, and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited, except with the express and prior consent of VALENTIN, and is liable to constitute an offense of counterfeiting or unfair competition. Unless expressly agreed beforehand, VALENTIN does not authorize the creation of hypertext links.
16 – Complaints
For any questions or complaints, the Buyer can contact VALENTIN at the following coordinates:
VALENTIN
4 ZAC du Moulin 80210 Feuquières-en-vimeu
Phone. : 03 22 60 34 00
valentin@valentin.fr
17 – Language
The orginal general terms of sale were written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
18 - Applicable law - Limitation period - Attribution of jurisdiction
18.1 Applicable law
These general conditions and the sales resulting therefrom are subject to French law, to the exclusion of the provisions of the Vienna Convention on the International Sale of Goods of April 11, 1980 (CISG).
18.2 - Prescription if the Buyer is professional
The parties agree that all actions taken hereunder by the Professional Buyer are prescribed by one year in application of Article 2254 of the French Civil Code.
18.3 - Attribution of jurisdiction
The competent court will be determined in accordance with the rules of common law.
For more information, you can consult the website of:
- the consumer mediation assessment and control commission accessible at this address:
http://www.economie.gouv.fr/mediation-conso
- the online dispute resolution platform (ODR): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
19 - Update of the general terms of sale
Due to changes in the general terms of sale that may occur during the year, the reference document will be the one on the website (www.valentin.fr). The general terms of sale of the website will take precedence over any other document (paper catalog, letterhead, invoices, etc.).