Terms of Sales

"Valleypicks" is the trade name registered by Jean Mathivet, craftsman, under the status of auto-entrepreneur.

 

legal information

 

Director: Jean Mathivet

Address: Silicorne Vallée, Atelier - Boutique, route de Lavelanet 09300 Bélesta

Email: contact@valleypicks.com

Website: valleypicks.com

Start date of activity: 04/15/2013

Siret: 519 647 531 00036

APE code: 3299ZC

Registration number in the trades directory (RM): 519 647 531 RM 090

VAT not applicable (article 293B of the General Tax Code)

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Article 1: object

 

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of items offered by the seller.
valleypicks.com (hereinafter referred to as "the site") is edited by Jean Mathivet, and offers a selection of products of the "valleypicks" brand (hereinafter "the products") to non-professional buyers, individuals having the quality of consumer, being over the age of 18 and having full legal capacity (hereinafter "the client").
The general conditions of sale detailed below apply to all orders placed with the "valleypicks.com" site for all the items and services offered. They are permanently accessible on the site.
Jean Mathivet, "the seller", reserves the right to adapt or modify at any time, the version of the general conditions of sale applicable to any transaction being that shown online on the valleypicks.com site at the time of the ordered.
Consequently, placing an order implies full acceptance, without reservation, of these conditions.

 

Article 2 - Price

 

The prices of products sold through the “valleypicks.com” website are indicated in euros (€) all taxes included and precisely determined on the product description pages.
The shipping costs of the order are indicated to the customer before the validation of the order.
When ordering to a country other than mainland France, the customer is the importer of the products concerned. In this case, duties (customs duties or other local taxes or import duties or state taxes) may be payable.
These rights and sums are not the responsibility of the seller. They will be the responsibility of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The seller invites the buyer to inquire about these aspects from the corresponding local authorities.
All orders, whatever their origin, are payable in euros.
Jean Mathivet reserves the right to modify its prices at any time, but the product is invoiced on the basis of the tariff in force at the time of the validation of the order.
As soon as the customer takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to him.

 

Article 3 - Orders

 

The Customer can place an order on the “valleypicks.com” Site.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order.
The Seller reserves the right not to register a payment and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty concerning the order received.
The Seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.

 

Article 4 - Validation of the order

 

Any order on the "valleypicks.com" site implies acceptance of these general conditions of sale. By clicking on the "Validate and Pay" button, the Customer declares to fully and unreservedly accept all of these general conditions of sale.
The Customer will systematically receive an email confirming his order at the email address he has indicated. This confirmation constitutes proof of the transaction.

 

Article 5 - Payment

 

To settle his order, the Customer has, at his choice, all the payment methods referred to in the order form, namely: bank card, check.
In the event of payment by check, this must be issued by a bank domiciled in mainland France or Monaco.
Any order paid by check will only be processed upon receipt of the means of payment. Shipping times are to be recalculated from the date of receipt of the check.
Checks are cashed upon receipt.
The payment cards accepted are CB, Visa, MasterCard and American Express.
Clicking on the "Validate and Pay" button implies for the Customer the obligation to pay the price indicated.
The Buyer guarantees that he is fully entitled to use the means of payment with which he pays for the order, and that this means of payment gives access to sufficient funds to cover all the costs resulting from his order.
The order is effective only after full payment of the corresponding price.
The products remain the property of the Seller until full payment of the price.

 

Article 6 - Withdrawal

 

In accordance with article L221-18 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, except, the where applicable, return costs ”. "The period mentioned in the preceding paragraph runs from the reception for the goods or the acceptance of the offer for the provision of services".

 

6.1 - Declaration of withdrawal

Prior to any return of a product and in accordance with legal provisions, the Buyer must notify his intention to withdraw by sending the Seller an unambiguous declaration, or by using the following withdrawal model:

I hereby inform you of my withdrawal for the purchase of the (product description) ordered on *** and received on ***. Last name + First name + Address of the declaring Customer Date

This message will be sent to the Seller by e-mail by clicking on the Contact section of the site. Upon receipt of the declaration of withdrawal, an email acknowledging receipt of its declaration of withdrawal will be sent to the Customer.

 

6.2 - Force majeure

Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party. Expressly considered as force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and tribunals:

  • blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;

  • termination of telecommunications networks or difficulties specific to telecommunications networks external to customers.

 

6.3 - Return

The Buyer has 14 days from the date of his declaration of withdrawal to return the product. The product which is the subject of the withdrawal must be returned properly protected, in its original packaging, with all its accessories (instructions, labels, etc.) and in perfect condition for resale. If possible, it must be accompanied by a copy of the proof of purchase. In this context, the responsibility of the Buyer is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. Return costs are the responsibility of the Customer. The transport of the product object of the withdrawal engages its responsibility.

 

6.4 - Refund

The return of the product in perfect condition for resale gives rise to a refund equal to the total of the sums corresponding to the purchase price of the product and the possible costs related to the order. Reimbursement is made by any means of payment within 14 days of receipt of the declaration of withdrawal, and if the product concerned has reached the Seller within this period. If the Seller has not received the product within this period, the refund is deferred until receipt of the product in perfect condition for resale, or until the Customer has provided proof of shipping of the product. This proof is constituted by any means allowing to establish in an incontestable way that this product was shipped.

 

6.5 - Exception to the right of withdrawal

In application of the provisions of article L121-21-8 of the consumer code, products that are made according to the specifications of the Customer and / or clearly personalized are excluded.

 

Article 7- Availability

 

The Seller's products are offered as long as they are visible on the “valleypicks.com” Site and within the limits of available stocks.
If a product is unavailable after validation of the Buyer's order, the Seller will inform him by e-mail, and his order will be automatically canceled. A refund equal to the totality of the sums corresponding to the purchase price of the unavailable product and any costs related to the order will be made by any means of payment.

 

Article 8 - Shipping & Delivery

 

The products are delivered to the delivery address which was indicated by the Buyer when ordering. The delivery address must not be a post office box: if this were the case, the order will not be taken into account.
The customer must verify the completeness and compliance of the information he provides in his customer account on the valleypicks.com site
The seller cannot be held responsible for any data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the order will be fully borne by the customer.
The amount of any costs related to the order is inclusive of all taxes.
The amount of the shipping costs includes the management costs, the shipping costs, the packaging costs on the "svpicks.com" Site.
An email announces to the Customer that the product has been sent to him. An invoice in PDF format is attached to this email.
The seller cannot be held responsible for delays in delivery due to errors or disturbances attributable to carriers (total or partial strike, in particular postal services and means of transport and / or communication).

 

8.1 - Preparation

The Seller prepares the order as quickly as possible, within 24 hours (working days) of the order (excluding personalized creation on order).

 

8.2 - Shipping

The parcels are then dispatched by La Poste, Monday to Friday (except holidays) in letter followed or Colissimo.
The delivery times announced by the postal services are 2 to 3 working days to mainland France and Monaco.

 

8.3 - Delivery

The delivery is made by La Poste in a letter box if the size of the package allows it or against signature for packages weighing more than 5 kg.
If the parcel cannot be delivered (no guard, parcel not entering the mailbox, etc.), the parcel postman deposits a delivery notice mentioning the date and address of the post office where the customer can collect the parcel upon presentation of an identity document.
From the date mentioned on the calling card, the customer has 15 days to collect his package. If the package is not claimed during the storage period, it will be returned and the order canceled.
Any request for a new delivery will then be the subject of a new order.
Delivery takes place at most within 30 working days from the date on which the order has been confirmed and paid.

Hand delivery is also possible for the Customer. They can choose this option when placing their order, and pick up their package at the Seller's address: workshop-boutique, route de Lavelanet 09300 Bélesta, after having agreed with them on an appointment, either by phone, either by email (at contact@valleypicks.com or through the Contact section of valleypicks.com)

 

8.4 - In case of package delivered damaged

The Customer must check before the carrier the condition of the package and make the necessary reservations on the delivery slip in case of partial or total deterioration
The Customer must not open the package if the external appearance of it suggests that the content is damaged or spoiled (especially with the presence of the yellow tape "La Poste").
The Customer must refuse the package or return the unopened package to the post office on which he depends to have any damage noted: he must have the postman or the post office on which he depends establish a "spoliation report" (report 170 ) so that the seller can open an investigation and a compensation procedure.

 

8.5 - In case of late delivery

In the event of a delay in delivery of more than three days compared to the date that the seller has indicated in the shipping email, it is up to the customer to check with his post office that the package is not pending, then if necessary to report this delay to the seller by sending him an email.
The latter can then contact Swiss Post to start an investigation. A postal inquiry can last up to 21 working days from the date of its opening. If during this period, the product is found, it will be immediately re-routed to the customer's home. If on the other hand the product is not found at the end of the period of 21 working days of investigation, the Post Office considers the package as lost. It is only at the end of this period that the seller may return a replacement product, at his expense. If the product (s) ordered were no longer available at this time, the seller would reimburse the amount of the products concerned by the loss of the carrier.

 

Article 9 - Guarantee

 

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products.
In case of non-compliance of a product sold, it may be exchanged, returned and refunded, or kept and benefit from a price reduction.
All complaints, requests for exchange or reimbursement must be made by email to the Seller by clicking on the contact form accessible via the home page of the Site.
In case of exchange or return, the product must be returned by the Buyer in the state in which he received it, with all its accessories (notice, label ...) and in its original packaging.
Upon receipt of the returned product, a refund equal to the total amount corresponding to the purchase price of the product and any costs associated with the order is made by any means of payment. Return costs will be reimbursed to the Customer upon presentation of supporting documents.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 6.

 

Article 10 - Liability

 

The products offered comply with current French legislation. The responsibility of Jean Mathivet cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with local authorities the possibilities of importing or using the products he plans to order.
Furthermore, the Seller cannot be held liable for damage resulting from the improper use of the product purchased.
Finally, the responsibility of Jean Mathivet cannot be engaged for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.

Article 11 - Applicable law in the event of disputes

These general conditions of sale are subject to French law.
These general terms and conditions of sale in French are executed and interpreted in accordance with French law.
In the event of a dispute, the Buyer must first contact Jean Mathivet to obtain an amicable solution by clicking on the contact form accessible via the home page of the Site.
In the absence of an amicable solution, the French courts are the only competent.

 

Article 12 - Intellectual property

 

All elements of the "valleypicks.com" Site (brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights) are and remain the intellectual and exclusive property of Jean Mathivet. No transfer of intellectual property rights is made through these GTC.
Any reproduction, exploitation, redistribution, or use for any reason whatsoever, even partially, of the elements of the "valleypicks.com" Site is strictly prohibited.

 

Article 13 - Personal data

 

Privacy Policy Link: Privacy Policy

The Seller undertakes to respect the confidentiality of personal data communicated by the Purchaser on the "valleypicks.com" Site and to treat it in compliance with the provisions of the Data Protection Act of January 6, 1978.
The Seller collects nominative information and personal data concerning the Customer because they are necessary for the management of his order.
They can be sent to companies that contribute to the order, such as those responsible for delivery or payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
The Customer may also receive information and promotional offers concerning products created by the Seller.
In accordance with the provisions of the Data Protection Act of January 6, 1978 (amended by the law of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data), the Customer has a right of access , rectification or opposition to the personal data collected concerning him. These rights can be exercised by contacting Jean Mathivet (the Seller) electronically in promotional messages and through the Contact section of the site, according to article L122-8 of the Consumer Code.
valleypicks.com has been declared to the CNIL (National Commission for Data Protection) under the number (declaration in progress)

 

13.1 - Cookies

The valleypicks.com website uses cookies to provide the Customer with optimal navigation and to enable navigation statistics to be obtained.

Cookies are text files stored on the Client's computer, in the browser he uses to consult the internet (Chrome, Safari, Internet Explorer, Firefox, etc.). These files are saved, for example, to allow him to access his personal account, and thus, to make purchases or manage his orders.
Cookies also allow:
- monitor the use and performance of the valleypicks.com site, in order to improve its content
- identify visitors who have already made prior visits, in order to recover the preferences previously chosen
- allow certain data to be communicated from page to page for an improved experience
- provide statistical data on the use of the valleypicks.com site
The Customer can choose to deactivate these cookies at any time.
If his browser is configured to refuse all cookies, he will not be able to connect to the personal space allowing him to carry out or manage his orders for example.
For more information on cookies, the Customer can consult the website of the National Commission for Data Protection (CNIL):
http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/ .

 

13.2 - External links

valleypicks.com offers links to other sites. They may also collect personal or non-personal data. The consultation of these sites and the collection and use of personal data on these sites are subject to the conditions of use and personal data protection policies of said sites.

 

Article 14 - Customer Service

For any information or question, the Seller is available to the customer:

  • By phone on 0689526352 (call not surcharged)

  • By email, from the site contact page, or directly at valleypicks.com

  • By mail :
    Silicorne Vallée, J ean Mathivet
    Route de Lavelanet 09300 Bélesta

 

Article 15 - Miscellaneous

 

Jean Mathivet's computerized registers are authentic between the parties and constitute proof of communications, orders, payments and transactions between the parties.

In accordance with article L612-1 of the Consumer Code, created by Ordinance n ° 2016-301 of March 14, 2016, "All consumers have the right to have free recourse to a consumer mediator for the amicable resolution of the dispute who opposes him to a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system.
The trader can set up his own consumer mediation system or offer the consumer recourse to any other consumer mediator who meets the requirements of this title.
When there is a consumer ombudsman whose competence extends to all businesses in an area of ​​economic activity to which he belongs, the professional always allows the consumer to use them.
The methods according to which the mediation process is implemented are specified by decree in the Council of State. "

Mediator:

French platform for resolving disputes: https://www.mediation-vivons-mieux-ensemble.fr
European online resolution platform: https://ec.europa.eu/consumers/odr/

 

Article 16 - Publication

 

Editor and responsible for the publication of the site: Jean Mathivet

Site host : wix.com

Silicornevallee.com has been declared to the CNIL (National Commission for Data Protection) under the (declaration in progress)

Any order automatically implies the client's acceptance of these general conditions of sale. These general conditions of sale are governed by French law as well for the substantive rules as for the rules of form.

Photographs: The photographs on the site were taken or purchased by Jean Mathivet