Terms and Conditions of Sale

Preamble

Site ownership: the vivaplancha.com website is the exclusive property of GARDENPARTY GROUP SAS, along with all associated rights. Any reproduction, whether in whole or in part, is prohibited without the express prior permission of kokko.net.

Registered office of GARDENPARTY GROUP SAS for Vivaplancha: 7 rue des Platriers 69009 Lyon FRANCE

Business premises of GARDENPARTY GROUP SAS for Vivaplancha: 7 rue des Platriers 69009 Lyon FRANCE

Logistics for GARDENPARTY GROUP SAS for Vivaplancha: LDPI Logistique for Kokko - 5 Chemin de Malatrait 38290 LA VERPILLIERE FRANCE

1. Acceptance of the general terms and conditions of sale

The customer acknowledges having read, prior to placing an order, the general terms and conditions of sale set out on this screen and expressly declares acceptance of them without reservation. These general terms and conditions of sale govern the contractual relationship between Gardenparty Group SAS and its customer. They shall take precedence over any other conditions appearing in any other document, except in the case of a prior, express, and written exemption from Gardenparty Group SAS.

These general terms and conditions of sale may be amended at any time by vivaplancha.com, without notice. The applicable conditions will be those in effect on the website at the time the order is confirmed.

2. Order

Automated recording systems are considered valid proof of the nature and content of the order. vivaplancha.com confirms acceptance of the order to the customer at the email address provided. The sale will be finalised once vivaplancha.com has validated payment for the order, meaning the date payment is confirmed for orders paid online by bank card, or the date payment is received by bank transfer or cheque. vivaplancha.com may refuse or cancel an order for a legitimate reason (for example, suspected fraud, non-payment, obvious pricing error, unresolved stock shortage), after informing the customer and, if applicable, providing a full refund of any amounts paid. These provisions do not deprive the consumer of their legal rights to cancel in the event of a breach by the professional.

3. Price and Payment

The price is stated in Euros and includes all taxes.

The price shown in the order confirmation is the final price, inclusive of all taxes and including VAT for France and EU countries. This price covers the cost of the products, handling, packaging and storage fees, transport, insurance, and commissioning.

The price is payable in full on the day the order is confirmed. Delivery charges and any additional costs (e.g. for hard-to-reach areas) are specified before the order is confirmed. Any applicable taxes or environmental contributions are detailed where relevant.

Payment can be made:

> By bank card bearing the CB logo, online. E-transactions allow you to pay via a Crédit Agricole bank server in a secure environment. Your bank card number is therefore sent directly to the bank’s servers, and your payment is made directly to the bank in a secure environment, without passing through the shop’s server. This provides an extra guarantee, as your card details are known only to our banking partner (Crédit Agricole).

The order will be automatically cancelled and the customer notified by email if the relevant banking payment centres refuse to authorise the transaction. vivaplancha.com has implemented a verification procedure and may request additional information from the customer to ensure that the card user is the rightful holder. The implementation of this procedure, which cannot be considered a guarantee against any fraudulent use of bank cards nor incur the liability of vivaplancha.com, will delay payment validation until the verification process is complete. It may result in the cancellation of the order.

> By cheque: Cheques should be made payable to GARDENPARTY GROUP SAS and sent to the following address:

Vivaplancha at GARDENPARTY GROUP SAS

7 rue des Platriers
69009 LYON
FRANCE

Payments made cannot be considered as deposits.

4. Retention of Ownership Clause

By express agreement, and in accordance with articles L.216-1 and following and L.221-15 of the Consumer Code, the products ordered remain the property of GARDENPARTY GROUP SAS until full payment of their price by the customer. If the customer fails to fulfil their obligations, for any reason, GARDENPARTY GROUP SAS shall be entitled to demand the immediate return of the products at the customer's expense, risk, and responsibility.

5. Product availability and shipping

All delivery times shown on vivaplancha.com are given in working days (excluding Saturdays, Sundays, and public holidays). Each product page specifies:

> Either the product is in stock: the "in stock" indication reflects the stock status at vivaplancha.com at the time of ordering.

> Or an availability period: the availability period refers to the time needed to restock at vivaplancha.com.

In general, orders are processed after payment has been confirmed when paid online by bank card or via Paypal, or upon receipt of payment by vivaplancha.com when the customer chooses to pay by bank transfer or cheque. The "in stock" status and availability periods may change between the order date and, as the case may be, the date of payment confirmation by bank card / Paypal or the date of receipt of the bank transfer or cheque. Availability periods may also be changed at the supplier’s and/or manufacturer’s discretion.

If products are unavailable:

> Permanent unavailability: vivaplancha.com undertakes to offer the customer replacement products or to refund the missing items without delay and no later than 14 days, in accordance with articles L.216-1 and following, and L.221-15 of the Consumer Code.

> Temporary unavailability: vivaplancha.com will inform the customer of the date when the product will be available again. The customer may then choose to keep the order with the new delivery times, modify it, or cancel it. In the latter case, vivaplancha.com undertakes to refund the missing items without delay and no later than 14 days, in accordance with articles L.216-1 and following, and L.221-15 of the Consumer Code. Shipments to overseas departments and territories are subject to acceptance of the parcel in the hold.

6. Delivery

Orders are delivered by independent service providers not affiliated with vivaplancha.com, within the timeframes announced by these providers. The usual delivery times are 24-48 hours with GLS and 3-4 days with DB SCHENKER.

To report any delivery issues to vivaplancha.com, customers have access to free online order tracking, available via the order details page.

For deliveries outside mainland France, the customer agrees to pay all import taxes, customs duties, value-added tax, and any other taxes required by the laws of the country where the order is received. All orders placed with vivaplancha.com are intended for the personal use of customers; customers or recipients of the products are strictly prohibited from reselling the products, either in part or in full. vivaplancha.com cannot be held responsible for any failure to pay taxes for which the customer is liable.

In mainland France, delivery will be carried out by GLS or Schenker with a parcel tracking link provided.

Regardless of the delivery location, delivery takes place within the agreed time slot, either by handing the product directly to the named recipient or, in their absence, to another person authorised by the customer. If no recipient is present, the carrier and/or vivaplancha.com will make contact within 24 hours. The customer must check the condition of the products upon receipt. In case of damage, the customer must clearly state any concerns on the delivery note. Upon delivery, we invite you to check the parcel and, if necessary, make a note of any concerns with the carrier. Not making a note does not affect your legal rights under the two-year conformity guarantee. Please notify us of any defect within a reasonable period after discovery.

vivaplancha.com will, in any case, be released from its delivery obligation in the following situations:

> In the event of force majeure preventing delivery, either party may request to cancel the contract; the customer will be refunded any payments made,

> Failure by the customer to fulfil any of their obligations (such as payment, or providing accurate information including the delivery address, etc.)

7. Guarantee

In addition to the statutory guarantees (see box “Statutory Guarantees”), certain products benefit from a commercial guarantee provided by the manufacturer/GARDENPARTY GROUP SAS (duration specified on the product page). This commercial guarantee is in addition to your legal rights and in no way restricts them.

All returns must be approved in advance by vivaplancha.com and assigned a return number. Returns must be sent to:

LDPI Logistique for Vivaplancha
5 Chemin de Malatrait
38290 LA VERPILLIERE
FRANCE

If there is no prior agreement, no return number, or if the item is sent to any other vivaplancha.com address, the goods will be returned to the customer with postage due. To reduce risk, we recommend suitable packaging (ideally the original packaging). The absence of original packaging does not prevent you from exercising your legal rights.

In any case, the customer benefits from the statutory guarantee against hidden defects (Articles 1626 and following of the Civil Code). Provided the buyer can prove the hidden defect, the seller is legally required to remedy all its consequences (Articles 1641 and following of the Civil Code).

The following are excluded from all guarantees:

1. Use and maintenance not in accordance with the instructions supplied with the product, as well as faults resulting from improper use or maintenance.

2. Damage caused by handling errors, incorrect connections (whether made with original accessories or with other accessories substituted by the customer), abusive or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes.

3. Spare parts or accessories whose replacement is due to normal wear and tear, or routine maintenance operations.

4. Damage caused by external events (lightning, water damage, etc.).

5. Work carried out on the appliance by anyone not authorised by the After-Sales Service, as well as malfunctions and damage resulting from such intervention.

Statutory guarantees (independent of any commercial guarantee)

Statutory guarantee of conformity (Consumer Code art. L.217-3 to L.217-32):
– You have two years from delivery of the goods to invoke the statutory guarantee of conformity if a lack of conformity appears.
– During this period, you only need to prove the existence of the defect.
– You are entitled to repair or replacement of the goods within 30 days, free of charge and without major inconvenience.
– In the event of repair, the guarantee is extended by 6 months; if you requested repair and the seller imposes replacement, the guarantee is renewed for 2 years from the date of replacement.
– You may obtain a price reduction or cancellation of the contract in the cases provided for by law.
– Any period during which the goods are out of use suspends the remaining guarantee.
Guarantee against hidden defects (Civil Code art. 1641 to 1649): you may take action within 2 years of discovering the defect to obtain a refund or price reduction.

 

8. Limitation of liability

We take the utmost care in publishing product information and descriptions (texts, photographs, prices). Despite our vigilance, minor errors may occur.
Such variations do not affect the essential features of the products.

In any case, nothing in these terms shall exclude or limit your legal rights, nor our responsibility:

  • in the event of a lack of conformity or hidden defect in the product,
  • in the event of gross or wilful misconduct on our part,
  • or in the event of personal injury caused by a defective product.

9. Cancellation

In accordance with articles L.221-18 to L.221-28, you have a period of 14 days from receipt to exercise your right of withdrawal, without having to give any reason for your decision.
To do so: contact us (details below) or use the standard withdrawal form (see the end of the Terms and Conditions).
You must return the products within 14 days of notifying us of your withdrawal. Return costs may remain at your expense, unless otherwise specified.
You are only liable for any reduction in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the item.
We will refund all payments received, including standard delivery charges, no later than 14 days from your notification, and may withhold the refund until we have received the goods or proof of shipment. The refund will be made using the same payment method as the original transaction.
Exceptions: cases strictly provided for in article L.221-28.

Return address:
Vivaplancha
7 rue des Plâtriers
69009 Lyon
FRANCE

10. Legal information

The personal information collected as part of your orders is necessary for processing and tracking them, as well as for issuing invoices and guarantees.

This information is processed by GARDENPARTY GROUP SAS in accordance with Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR), and the amended French law no. 78-17 of 6 January 1978 on data processing, files, and individual freedoms.

You have the following rights regarding your personal data at any time:

  • right of access,
  • right to rectification,
  • right to erasure,
  • right to object and to restrict processing,
  • right to data portability,
  • right to set instructions regarding the handling of your data after your death.

You can exercise these rights by contacting us at: contact@vivaplancha.com or by post at GARDENPARTY GROUP SAS – 7 rue des Platriers, 69009 Lyon, France.

For more information about how your data is managed, you can consult our Privacy Policy available on the website.

You also have the right to lodge a complaint with the CNIL.

11. Commitment to Data Protection

In accordance with the provisions of Law No. 98-536 of 1 July 1998, which transposes Directive 96/9/EC of 11 March 1996 on the legal protection of databases into the Intellectual Property Code, vivaplancha.com is the producer and owner of all or part of the databases that make up this site. By accessing this site, the customer acknowledges that the data it contains is legally protected and, in accordance with the provisions of the aforementioned law of 1 July 1998, undertakes in particular not to extract, reuse, store, reproduce, display or retain, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the content of the databases found on the site they are accessing.

12. Applicable law

This contract is governed by French law.

13. Consumer Mediation

In accordance with Article L.612-1 of the Consumer Code regarding “the mediation process for consumer disputes”, after contacting us and if you do not receive a satisfactory response, you have the option to use a free consumer mediation procedure with:

CM2C
49 rue de Ponthieu
75008 PARIS
France

Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

The consumer may also use the European online dispute resolution platform (ODR) available at the following address: https://ec.europa.eu/consumers/odr/

Standard withdrawal form

(To be completed and returned only if you wish to withdraw from the contract)

For the attention of:
GARDENPARTY GROUP SAS – Customer Service
7 rue des Platriers – 69009 Lyon – France
Email: contact@vivaplancha.com

I hereby notify you of my withdrawal from the contract for the sale of the goods / for the provision of the service described below:

  • Ordered on () / received on (): ………………………………
  • Name of consumer(s): ………………………………
  • Address of consumer(s): ………………………………
  • Signature of consumer(s) (only if this form is notified on paper): ………………………………
  • Date: ………………………………

(*) Cross out what does not apply.