PRIOR ARRANGEMENTS

These General Terms and Conditions of Sale (GTCS) are applicable to all sales made from the LA VIE EST BELT website to all individuals acting as non-professional buyers (the Customer). The GSC applicable to the Customer are those in force on the day of his order on the site.

The Customer is invited to carefully read the general terms and conditions of sale in force prior to any order.

The Customer is prohibited from reselling the products purchased as a trader.

The seller reserves the right to modify the general terms and conditions of sale at any time by publishing a new version of them on the site.

The website LA VIE EST BELT offers the online sale of belts made by hand in France from used bicycle tyres, cut to the size indicated by the Customer.

Access to the site is free for all Customers. The Customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose during the last stage before the online payment. The fact of ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTCs assumes that the Customer has the legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the permission of a guardian, curator or legal representative.

The Customer acknowledges the value of the Seller's automatic recording systems as evidence and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.

 

PRICES AND PAYMENT 

The prices of the products are inclusive of VAT in euros, applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products and services.

The price of the products is the one appearing on the Site on the date of the order. The amount of the order that the Customer will have validated by proceeding to payment is the final price - including all taxes and maximum that can be debited to him.

LA VIE EST BELT reserves the right to modify its prices at any time, without prior notice, it being understood that the price indicated on the Site on the day of the order will be the only one applicable to the Customer

Payment on the site can only be made by credit card.

 

TRANSFER OF OWNERSHIP AND RISK

The transfer of ownership to the Customer only takes place after full payment of the ordered items. However, the risks associated with these items are transferred to the Customer as soon as they are received by the latter.

 

 

ORDERING PROCESS

The order of products LA VIE EST BELT on the LA VIE EST BELT website is an order for which payment is required.

It is not necessary to create a customer account before placing an order.

To place an order, the Customer must select the "Add to cart" button.

Once all the products have been selected, the Customer finalises the contents of his basket, modifies the quantities if necessary, and adds or removes products. Here are the steps to follow on the site to finalise the purchase:

Validate your basket after having checked it by clicking on the basket validation button; a summary of all the elements linked to the order is then displayed. All prices mentioned in this summary include VAT.

The Customer must select his or her bank card in order to be directed to a secure access and enter his or her bank details in accordance with the conditions provided.

The Customer accepts the general terms and conditions of sale by clicking on the "Confirm my order" button

Validate the payment after having verified it by clicking on the validation button. Once the Customer has confirmed his/her order by clicking on this button, he/she is considered to have knowingly accepted the content and conditions of the order in question and in particular these general terms of sale, the fact that his/her order implies an obligation to pay on his/her part, the prices, volumes, characteristics, quantities and methods of collection in shop of the products ordered by the Customer.

At the time of payment of the order, a request for authorisation is made to the relevant payment centre. Any order can only be taken into account when the payment centres concerned have given their agreement. In the event of refusal by the said centres, the order is not accepted and the Customer is warned by a message on the screen.

Once the Customer has validated his/her payment, a page confirms to the Customer the registration of his/her order by indicating :

the summary of the order (number of items ordered with the corresponding amount including VAT, the total amount of the order, ...)

La VIE EST BELT reserves the right not to accept an order, for a legitimate reason, such as the abnormality of the order. Any new orders from a customer with whom there is an arrears of payment or a dispute linked to repeated difficulties in withdrawing previous orders, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders, may be refused.

In the event that an order is not accepted, VIE EST BELT will inform the customer by any means.

The formation of the contract is conventionally fixed at the moment of the confirmation of the acceptance of the Customer's order by VIE EST BELT (Status: Confirmed), subject to its effective payment, this one intervening at the end of the order preparation. All data provided and the confirmation recorded by the Customer in VIE EST BELT's automatic recording systems are presumed to be proof of the transaction (content of the order, date).

 

COOLING-OFF PERIOD

Under the provisions of Article L221-18 of the Consumer Code, the Customer has a 14-day withdrawal period which begins the day after the day on which the products are collected. The period starts at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The Customer shall exercise his right of withdrawal by informing LA VIE EST BELT of his decision to withdraw by sending, before the expiry of the deadline, any unambiguous statement expressing his wish to withdraw to the following e-mail address: hubert.motte93@gmail.com

When the right of withdrawal is exercised, IlA VIE EST BELT will reimburse the Customer for the totality of the sums paid, without unjustified delay and at the latest within fourteen days from the date on which it is informed of the Customer's decision to withdraw, subject to the return of the products.

LA VIE EST BELT will make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.

It is also recalled that the right of withdrawal cannot be exercised for products made to the Customer's specifications or clearly personalised

PRODUCT COMPLIANCE

In any case, the Company applies the provisions of the legal guarantee of conformity of the goods to the contract under the conditions of article L217-4 and following of the Consumer Code.

The Customer has a period of 2 years from the delivery of the goods to act.

The Customer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L217-9 of the Consumer Code.

The Customer is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

Article L.217-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".

Article L.217-5 of the Consumer Code: "To be in conformity with the contract, the goods must :

1° Be fit for the purpose usually expected of similar goods and, where appropriate :

- correspond to the description given by the Seller and have the qualities that the Seller has presented to the buyer in the form of a sample or model;

- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the Seller, the producer or his representative, particularly in advertising or labelling.

2° 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 accepted by the latter.

Article L217-7: Defects of conformity that appear within twenty-four months of the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the Company may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the Company shall be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

The Customer may also decide to invoke the guarantee against hidden defects in accordance with Article 1641 et seq. of the Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with Article 1644 of the Civil Code.

Article 1641 of the Civil Code: "The Seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.

Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned".

Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".

In order to assert his rights under the legal guarantee of conformity or against hidden defects of the thing sold, the Customer must, on pain of losing his rights, return to the Seller a good in a good state of cleanliness and hygiene and without any stains.

PERSONAL DATA

The collection of your personal data is necessary in order to process your order. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, modify, rectify and delete your personal data by writing to the Company's address.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify, modify and delete his personal data. This right may be exercised by the Customer by contacting LA VIE EST BELT by mail at the following e-mail address: hubert.motte93@gmail.com

The personal information given by the Customer is used by LA VIE EST BELT according to the provisions of form NS- 48. The procedure of LA VIE EST BELT is being processed with the CNIL.

LITIGATION

With regard to mediation and in accordance with Article R 612-1 of the Consumer Code, the Customer may have recourse to the MEDYCIS mediation service free of charge, by electronic means (www.medycis.fr), or by post: MEDYCIS, Centre de médiation et règlement amiable des huissiers de justice, 73 Boulevard de Clichy, 75009 Paris, for all claims already filed in writing with the Company's Customer Service Department less than a year ago and not satisfied.