A VILEBREQUIN MAGAZINE
These General Terms of Sale (hereafter referred to as the “GTS”) aim at defining the terms and conditions in which Vilebrequin sells Products to its Customers on the Website.
All orders placed with the company Vilebrequin on the Website are governed by these GTS.
The following words, when used in the singular or plural form in these GTS, will have the definition given hereafter:
Customer: refers to any private individual signing a contract, for personal reasons, with Vilebrequin in relation to these GTS;
Order(s): refers to the order(s) of Product(s) placed by the Customer with Vilebrequin;
Customer Account: refers to the personal account created by the Customer on the Website, accessible by using a personal username and password provided to the Customer by Vilebrequin, containing in particular the Customer’s identification information, his/her Orders in progress or finalised Orders;
Personal Data: refers to the personal data regarding the Customer and collected by Vilebrequin in relation to the Orders and/or creation of the Customer Account;
Product Sheet(s): refers to the photograph of the Products edited by Vilebrequin S.A. and the main characteristics of the said Products;
Form: refers to the form enabling the implementation by the Customer of the Order withdrawal right.
Basket: refers to the summary of the Order(s) awaiting confirmation from the Customer;
Product(s): refers to the products offered for sale on the Website, i.e. as examples: swimwear for men, women, children, clothes for men, accessories (sunglasses, bath towels, etc.), sun creams and products;
Website: refers to the Website accessible in particular at the address: www.vilebrequin.com published by Vilebrequin S.A.
Vilebrequin: the company T.R.B. International, Société Anonyme (limited company), registered with the Trade and Companies Registry in Geneva, (Switzerland) under the federal number CH-660-2053009-8, whose registered office is located at Chemin du Pré Fleuri, 5, CH-1228, PLAN-LES-OUATES, SUISSE, acting under its trade name Vilebrequin.
Vilebrequin S.A.: the company T.R.B. International, Société Anonyme (limited company), registered with the Trade and Companies Registry in Geneva (Switzerland), under the number CHE-115.052.963 / CH-660.2.053.009-8, whose registered office is located at Chemin du Pré Fleuri, 5, CH-1228, PLAN-LES-OUATES, SUISSE, acting under its trade name Vilebrequin.
3.1 Presentation and main characteristics of the Products
The main characteristics and the price of the Products offered by Vilebrequin are described on the Website in the corresponding Product Sheet.
The Customer confirms that he/she has read the Product Sheets before placing an Order.
The places of delivery of the Products are specified in article 7.2 of these GTS.
The delivery times, price of the Products and delivery costs of the Order will be specified and repeated to the Customer during the Order process, in particular prior to the final confirmation of the Order, in accordance with the terms of article 4.5.2 of these GTS.
3.2 Vilebrequin and Vilebrequin S.A. shall endeavour to present the Products on the Website in the Product Sheets, as reliably as possible, especially regarding the photographs of the said Products, and more particularly their colours. However, the Customer is informed that the display of the colours depends in particular on the characteristics of his/her equipment for consulting the Website and that, consequently, the colours shown on his/her screen may not be a true reflection of reality.
4.1 Creation and updating of the Customer Account
Prior to placing an Order, the Customer must register with Vilebrequin on the Website and create a Customer Account providing in particular information, especially personal data, required for processing the Order.
The Customer provides in particular one email address and one delivery address only, both valid and operational.
The Customer guarantees the accuracy, honesty and reliability at all times of the information indicated in his/her Customer Account.
Consequently, the Customer is responsible for indicating at all times and as soon as possible any change about his/her situation by connecting to his/her Customer Account.
Consequently, Vilebrequin may not be held liable for any negligence by the Customer in amending and/or updating the information about him/her, and thereby for any incorrect address details, with their consequences in particular on the delivery of the Products.
In the case of incorrect information or information that appears misleading, Vilebrequin reserves the possibility, automatically (i) to suspend or breach all contractual relations with the Customer (ii) and/or suspend the latter’s access to his/her Customer Account.
The creation of a Customer Account is subject to the acceptance of these GTS by the Customer.
4.2 Prior to the creation of the Customer Account, then to placing any Order, the Customer declares that he/she has the legal capacity to enter into a contract with Vilebrequin in relation to these GTS, and in particular is authorised to use the payment means that he/she will use for settling the Order.
4.3 Orders may only be placed on the Website for personal purposes as declared and acknowledged by the Customer.
Consequently, Vilebrequin reserves the right to limit the quantity of the Products purchased by the Customer, and/or per Order. These limits may apply to the Orders placed via the same Customer Account, the same credit card, or using the same billing and/or delivery address. Vilebrequin also reserves the right to ban sales to any Customer reselling the Products.
4.4 Failure for the Customer to respect all or part of the obligations undertaken in relation to these GTS, and in particular regarding any payment incident of the price of an Order, may lead to Vilebrequin being entitled to refuse any new Order for the Customer.
4.5 Order process on the Website
4.5.1 The Basket’s content may be consulted, by clicking on the corresponding icon, and may be amended by the Customer at any time during the Order process until its payment.
The Basket expires at the end of a six (6) day period as from the date of its creation by adding a Product or Products and/or as from a change to the Basket (addition or withdrawal of a Product).
4.5.2 During the Order process of the Product, the Customer goes through the following stages which will be presented to him/her on the Website; the Customer is invited to click on the corresponding buttons in order to confirm or refuse them. The Customer may return to the previous stage at any time:
- Add one or several Products to the Basket;
- Amend the Basket, where appropriate;
- Confirm the Basket;
- Read and accept the GTS;
- Read the information contained in the Form regarding the right of withdrawal and accept it;
- Confirm identity by accessing the Customer Account;
- Confirm delivery address and billing address;
- Choose the delivery method of the Order;
- Read the Order summary, its price, the amount of the delivery costs related to the Order, the estimated delivery lead times of the Order;
- Confirm the Order;
- Pay for the Order.
4.5.3 The Order will only be final upon confirmation of its payment by the Customer if the latter pays by bank card.
4.6 Order Confirmation by Vilebrequin
Orders placed by a Customer on the Website are confirmed in writing immediately, by Vilebrequin, sent to the Customer’s email address.
The Customer undertakes to keep the information contained in the Order confirmation email.
5.1 The prices displayed on the Website for each Product are indicated in Euros and tax inclusive (VAT and other applicable taxes).
Considering the distribution network of the Products by Vilebrequin, on the Website and in physical shops, Vilebrequin cannot guarantee that the prices of the Products displayed on the Website are strictly identical to those applied in the shops marketing the same Products.
5.2 The amount of the Order may be settled, as chosen by the Customer, using the bank cards indicated on the Website.
In this respect, it is specified that only payments in Euros are accepted for the settlement of an Order. Consequently, the Customer acknowledges that Vilebrequin will not bear any costs incurred, under any circumstances, that do not comply with these terms and in particular that are not carried out in Euros.
5.3 The Customer is informed that the payments via the Website are made by using a secure payment system.
Generally speaking, upon placing the Order, the Customer may only order the Products for which Vilebrequin has ensured their availability beforehand.
If, despite Vilebrequin’s attention, the Products should be unavailable, Vilebrequin will inform the Customer as soon as possible.
The Customer then has the possibility:
- either of being delivered an item of his/her choice of equivalent quality and price;
- or waiting for the new supply of the said Product as informed by Vilebrequin, by indicating to the Customer the approximate date on which the new supply should take place;
- or being reimbursed for the price of the Product (including delivery costs) within a period of fourteen (14) days following notification by the Customer to Vilebrequin of his/her intention to obtain the reimbursement of the price of the Product in question.
The reimbursement shall be made by crediting the bank account via the bank card used (the payment of the Order must have been made by bank card, which must still be valid on the date of reimbursement).
7.1 Delivery lead times and prices
7.1.1 Vilebrequin endeavours to deliver the Orders within the lead times specified by Vilebrequin to the Customer upon processing the Order and within a maximum period of thirty (30) days.
Before payment of the Order, and upon finalising it in accordance with the terms and conditions set out in article 4 of the GTS, the Customer is invited to choose from several means of delivery as specified in article 7.1.2 below, various carriers in particular and various prices.
The price of the delivery of the Products is indicated, for each Order, on the Website, and during the Order process and prior to the confirmation of the Order by the Customer, and in the Order confirmation email sent by Vilebrequin to the Customer.
The specific details of each of these deliveries are available on the Website. The Customer is informed that he/she may find the information specific to the delivery at any time on the Website and independently of any Order, in the section related to deliveries. The Customer is thus bound by his/her choice of delivery, that Vilebrequin undertakes to respect.
Thus, the Customer agrees that, depending on his/her choice of means of delivery, the delivery lead times and costs related to the delivery may vary.
7.1.2 Delivery options
Upon placing the Order, the Customer is invited to choose between the following delivery options:
- either Standard delivery for a delivery within two (2) to six (6) business days, unless otherwise indicated to the Customer prior to confirming the Order: this means of delivery is provided free of charge by Vilebrequin to the Customer for orders higher than 200€ and charged 7€ for orders lower than 200€;
- or Express delivery charged 15€ for a delivery within a period of two (2) business days as from confirmation of the Order, unless otherwise indicated to the Customer prior to confirming the Order.
The parties agree that when indicating the delivery lead times, public holidays, both on the French territory and on the territory receiving the Orders, are not taken into account. Consequently, if the delivery lead time includes one or several public holidays, the delivery lead time will be extended accordingly.
7.1.3 Delays to deliveries
In the case of failure for Vilebrequin to meet with its obligation to deliver the good or supply the service on the date or upon expiry of the period indicated above or, otherwise, more than thirty (30) days after placing the Order, the Customer may cancel the sale, by registered letter with confirmation of receipt or in writing on any other lasting format, if, after having ordered Vilebrequin, in accordance with the same formalities, to deliver the Product within a reasonable additional period, Vilebrequin has not respected this new period.
The Order is considered as cancelled upon receipt by Vilebrequin of the letter or written document informing it of this cancellation, unless Vilebrequin has performed the delivery in the meantime.
In this case, Vilebrequin shall reimburse to the Customer, as soon as possible and at the latest within a period of thirty (30) days as from receipt of the above-mentioned formal notice, the price of the Product(s) involved in the Order, and, where appropriate, the amount of the delivery.
7.1.4 Receipt of the Order
The carrier will require a signature upon delivery and will not give the Product(s) to the Customer without the latter’s signature.
The Orders may be delivered to any place other than the Customer’s home address, for example his/her place of work, which is generally easier and enables to avoid the Products being returned as undelivered by the carrier.
Should the Customer place an Order for several Products, Vilebrequin may be required to deliver the Products in several deliveries. In this case, Vilebrequin will inform the Customer of the same.
7.2 Place of delivery
7.2.1 The delivery address is that indicated or confirmed by the Customer during the Order process.
Vilebrequin delivers parcels in Luxembourg, Netherlands and Belgium, Croatia, Czech Republic, Denmark (Greenland and Faroe island excluded), Hungary, Spain (Canary and Gibraltar islands, Ceuta and Melilla excluded), Finland (Åland islands excluded), Greece (Athos region excluded), Italy (except the Vatican area, Campione d'Italia, Livigno and San Marino), Poland, Portugal, Slovakia, Slovenia and Sweden.
7.2.2 The Customer may monitor the progress of the delivery on the Website. Each delivery is deemed to take place upon providing the parcel to the Customer, in particular by the carrier, formalised by the control system used by the carrier.
7.2.3 Without prejudice to the period available to the Customer in relation to his/her right of withdrawal as defined in article 8 hereafter, the Customer must check the parcel upon its arrival and put forward any reservations, or even refuse the parcel, if it is likely to have been opened or if it shows clear signs of damage. The reservations and claims must be sent to the carrier by registered letter with confirmation of receipt within three (3) working days following receipt of the Products. The Customer will send a copy of this letter by registered post to Vilebrequin immediately.
8.1 In accordance with the terms of article L.121-21 of the French Consumer Code, the Customer benefits from the legal right of withdrawal according to which he/she may decide to send back to Vilebrequin all or part of the Products involved in his/her Order during a period of fourteen days (14) as from the date of receipt of the Product(s) by the Customer or a third party, other than the carrier, appointed by the Customer.
The Customer wishing to use the right of withdrawal must inform Vilebrequin of the same within a period of fourteen (14) days as stipulated above:
- by sending this same Form , duly completed, to Vilebrequin by email or post.
In the case of several Products being sent to the Customer in several separate deliveries, making up one and the same Order, this withdrawal period begins as from the date of receipt by the Customer of the last Product making up the Order.
8.2 Vilebrequin will acknowledge receipt of the Form indicating the Customer’s intention to use his/her right of withdrawal, by email as soon as possible as from receipt by Vilebrequin of the Form.
8.3 The Customer will send the Product(s) in question back to Vilebrequin at the postal address indicated in the Form, without excessive delay and at the latest within fourteen (14) days following the notification of his/her decision to withdraw, sent to Vilebrequin, according to the terms and conditions set out in the said Form.
The costs related to sending back the Product(s) involved in the right of withdrawal are borne exclusively by the Customer.
8.4 The right of withdrawal and return must be used subject to the Customer’s honesty, who in particular undertakes to only return the Products in perfect condition (not spoilt, damaged, dirty, and unopened for cosmetic Products, in particular the seal), in their initial packaging with all accessories where appropriate (including water wallet and/or swim drawstring pouch), instructions for use and documentation, which implies in particular that the Product(s) have not been used abnormally other than to be tried on for textile Products.
The Product must also be sent with the sales invoice so that the company Vilebrequin can identify the Order and the Customer involved.
8.5 If the Product reaches Vilebrequin in a damaged state or in a condition that does not enable it to be resold or in a damaged state as a result of being handled other than to simply establish the nature, characteristics and working order of these goods, or showing visible signs of misuse of the Product going beyond a simple examination or test of the Product, the company Vilebrequin may refuse the return of the Product by the Customer and, in these conditions, may refuse to reimburse the latter, sending the Product back to the Customer and not reimbursing it.
The Customer is informed that certain Products defined in article L.121-21-8 of the French Consumer Code may not be the subject of a withdrawal right, in particular the Products which cannot be sent back for hygiene and health protection reasons. Consequently, the sun protection products and/or hygiene products marketed by Vilebrequin on its Website that have been unsealed by the Customer, after their delivery (removal of the blister and/or removal of the protective seal) may not be involved in the right of withdrawal. The same applies, for the same health and safety reasons, to women’s swimwear in the case of removal of the protective strip.
In the case of receipt by Vilebrequin of Products involved in the right of withdrawal in accordance with the conditions set forth in article 8.5 not enabling Vilebrequin to ensure the reimbursement, Vilebrequin will inform the Customer of the same by email and return the Product(s) involved to him/her.
8.6 As part of the use of the right of withdrawal in accordance with the conditions set forth in this article 8, Vilebrequin shall reimburse the Customer for the price of the Product involved in the right of withdrawal; it is understood that, should the Customer, upon placing the Order, have chosen the Express means of delivery offered by Vilebrequin (instead of the standard means of delivery provided free of charge by Vilebrequin), the latter will not reimburse the additional costs related to this choice, in the case of use by the Customer of the right of withdrawal.
The reimbursement to the Customer in relation to the right of withdrawal will be made using the same means of payment as those used by the Customer for the acquisition of the Product(s) within a period of fourteen (14) days at the latest as from receipt by Vilebrequin of the Product(s) involved in the right of withdrawal or of the receipt by Vilebrequin of the proof of dispatch of the Products by the Customer to Vilebrequin.
9.1 Compliance warranty
In accordance with the terms of articles L.211-1 and thereafter of the French Consumer Code, the Customer may claim a lack of compliance of the Product delivered, whether for an error in identity, quantity and/or quality (in particular according to the expected use) in relation to the Product sold.
The Customer must then return the not-per-order Product to Vilebrequin.
The Customer may then request, at the latter’s choice, that Vilebrequin:
- either delivers a Product that is identical to that ordered, subject however to availability,
- or delivers a Product of equivalent quality and price, also subject to availability,
- or accepts the return of the faulty Product, and reimburses the Customer within a period of thirty (30) days following the request thus made.
In the case of application of this compliance warranty, the costs for returning the Product ordered and delivered to the Customer, and any delivery of another Product, will be borne in full by Vilebrequin.
In any event, these terms will not deprive the Customer of using his/her right of withdrawal as stipulated in article 8.
9.2 Legal warranties related to latent defects in accordance with the terms of articles 1641 to 1649 of the French Civil Code
Should the Products delivered to the Customer have a latent defect, i.e. a fault in the quality of the object itself that does not enable the use of it, in accordance with the terms of article 1641 and thereafter of the French Civil Code, the Customer will have the choice between:
- either cancelling the Order and being reimbursed in full for the amounts paid and the return costs (standard delivery),
- or keeping this Product delivered in return for a discount, decided by Vilebrequin alone.
9.3 Legal warranties regarding the liability of faulty Products
The Customer may claim the defect of a Product purchased on the Website in accordance with the terms of articles 1386-18 and thereafter of the French Civil Code.
9.4 The legal warranties are applied in accordance with French legislation that Vilebrequin undertakes to respect. Consequently, they may not apply to any lack of compliance of a Product or acknowledged defect, in a foreign legislation in force on a territory to which the Customer has had the Order delivered or in which he/she may use the Product.
The information and documents provided to the Customer (where appropriate) are only drafted in French, as accepted by the Customer when placing an Order with Vilebrequin.
9.5 Warranty Disclaimer
Products that have been altered and/or damaged by the Customer or that have been used by the Customer in a way that does not comply with their purpose or uses for which they are meant, in accordance with the instructions and directions for use provided by Vilebrequin for each of the Products, will be excluded from all warranties indicated in the GTS.
10.1 Vilebrequin guarantees the correct performance of the Order placed by the Customer.
However, Vilebrequin will not be held liable:
o in the case of lack of respect by the Customer of the GTS;
o for any indirect damage, including in particular all losses in profits, data or any other loss of intangible assets, even if Vilebrequin has been informed of the potentiality of such damage that may occur.
Vilebrequin may not be held liable for any disorder of any kind whatsoever regarding the Customer’s IT equipment and his/her internet connection, when accessing the Website.
10.2 Force majeure event
Vilebrequin’s liability may not be incurred if the performance of its obligations is prevented or delayed due to a force majeure event as defined by case-law examples from the French courts, in particular natural disasters, fire, disorder or interruption to the telecommunications network or electricity network.
11.1 Vilebrequin undertakes to respect the confidentiality of the Personal Data provided by the Customer on the Website when placing an Order and/or creating and/or accessing the Customer Account and to process this data in accordance with the law no.78-17 (IT and Freedom) of 6th January 1978.
11.2 Vilebrequin collates Personal Data from the Customer in order to:
- manage and ensure the follow-up of the Orders;
- gather statistics regarding the sales made on the Website;
- send emails to Customers of all information on forthcoming sales on the Website along with Newsletters.
Considering these uses, the Customer is informed that his/her Personal Data may be shared with entities of the group to which Vilebrequin belongs, in particular Vilebrequin S.A., publisher of the Website, with the exception of any other entity or company for which the Customer has not given his/her consent.
Vilebrequin may also provide its partners with consolidated statistics regarding its Customers, sales, structures of exchange and other information shown on the Website to trustworthy third parties, but no Personal Data will be provided to third parties without the Customer’s specific consent.
11.3 Vilebrequin informs the Customer that it may however provide this Personal Data in order to ensure the delivery of the Orders by its service providers (carriers). Moreover, Vilebrequin may also communicate this Personal Data in order to meet with an order from the administrative or court authorities.
11.4. Upon creating or consulting the Customer Account, the Customer may choose to receive information and commercial proposals from Vilebrequin and/or companies of its group, in particular Vilebrequin S.A., through emails.
11.5 In accordance with the terms of articles 38, 39 and 40 of the law no.78-17 regarding IT, files and freedom of 6th January 1978, the Customer is entitled, at any time, to:
- oppose the processing of his/her Personal Data by Vilebrequin (article 38 of the IT and Freedom law);
- oppose the communication of his/her Personal Data to third parties;
- access all of his/her Personal Data processed by Vilebrequin and/or by an entity belonging to its group (article 39 of the IT and Freedom law);
- rectify, update and delete his/her Personal Data (article 40 of the IT and Freedom law).
For this, the Customer may send his/her request to Vilebrequin (indicating the email address, surname, first name, postal address), by email or by visiting the Vilebrequin Website.
For any technical information, question or claim regarding the Products accessible via the Website or regarding any Order, the Customer may contact Vilebrequin by sending his/her request to the following email address: firstname.lastname@example.org.
13.1 Should one of the terms of the GTS be considered as unlawful or unenforceable by a court decision, the other terms shall remain in force.
13.2 Correspondence – Proof
Unless otherwise agreed in these GTS, the correspondence exchanged between Vilebrequin and the Customer shall be exchanged exclusively by email.
In accordance with articles 1316 and thereafter of the French Civil Code, the Customer acknowledges and accepts that the information delivered by Vilebrequin by email and/or on the Website will be taken as evidence between the Customer and Vilebrequin.
The elements such as the time of the receipt or sending, and the quality of the data received will be taken as evidence as a priority as shown on the Website, or as certified by the IT procedures of Vilebrequin, unless the Customer can provide written proof to the contrary.
The scope of the proof of the information provided by the Website is that granted to an original such as a written paper document, with handwritten signature.
These GTS will be performed and interpreted in accordance with French law.
In the case of a dispute arising in relation to these GTS, their interpretation or their consequences or in relation to the deeds completing or amending them, the Customer will contact Vilebrequin as a priority in order to reach an out-of-court solution.
In the case of failure to reach an out-of-court settlement, Vilebrequin and the Customer will agree to refer their dispute to a mediator appointed by Vilebrequin and the Customer.
In the case of continuation of the dispute, it will be referred to the court with jurisdiction by the first party to take action.