General terms and conditions of sale
The company VULLI makes available to its customers (hereinafter the "Customers" or "you"), via the Internet site https://www.sophielagirafe.fr (hereinafter the "Site"), its childcare articles, first-age toys as well as a wide range of products under license Sophie la girafe (hereinafter the "Products"). The present general terms and conditions of sale (hereinafter the "GTC") govern all sales of Products on the Site.
1. Acceptance by the customer of the following conditions
The customer acknowledges having read, at the time of placing his order, the special conditions of sale set out on this screen and expressly declares accepting them without reservation.
The present general conditions of sale govern the contractual relations between the company VULLI and the customer, both parties accepting them without reserve. These general conditions of sale will prevail over all other conditions appearing in any other document, except prior, express and written exemption.
2. Ordering and sales
1. The Customer selects the Product(s) he wishes to order by adding them to his "Shopping Cart";
2. When the Customer has finished filling his Shopping Cart, he is invited to:
login, if he already has an account,
create an account;
3. He then fills out an electronic order form in which he specifies the data allowing him to be identified (name, first name, e-mail address, telephone...), the billing address, the delivery address of the order and the delivery method;
4. The Customer must read and accept the T&Cs by checking a box and validating this form;
5. He is then directed to the secure payment tool and invited to communicate his bank details, then validate the payment form and the order;
6. Once these operations are completed, the Customer will see a screen listing the data provided and summarizing his order (details of the Products / price of the Products / shipping costs chosen);
7. When the order is confirmed by the Customer, a confirmation email is sent to the Customer at the email address that the Customer has provided. It is only after the sending of this email that the Customer will be debited for the amount of his order and that the sale will be concluded. It is specified that the automatic recording systems are considered as proof of the nature, content and date of the order.
8. The Customer guarantees that the data he/she communicates is accurate, complete and up-to-date. The information given by the client when placing the order is binding on the client: in the event of an error on the part of the client, VULLI cannot be held responsible for the impossibility of ensuring delivery of the product.
3. Awards
The applicable prices are those mentioned on the website LA BOUTIQUE OFFICIELLE SOPHIE LA GIRAFE when ordering. Prices are in Euros and include all taxes for EEC member countries. They do not include the cost of transport which is the responsibility of the customer unless free of charge as mentioned below. VULLI will be able to modify the prices at any time, but the price invoiced to the Customer is the one in force at the time of the placing of the order, subject to the availability of the articles at this date. The Client will receive, at the time of delivery, for each of the articles purchased, written confirmation of the price paid and the delivery costs charged to the Client.
The products offered online are in principle available in stock. In the event of an exceptional and/or temporary shortage of stock of a product, VULLI will inform the client of the additional time required to ship the product as a result of this shortage. If the client refuses this additional delay, the sale will be terminated and the client will be reimbursed.
4. Payment
The price plus the cost of transport is payable at the time of the order and this by the following procedures:
Bank card: Banque Populaire Cyberplus
VULLI offers the global management of the online payment of La Banque Populaire, from the acquisition of the card transaction on the Internet to the remittance to the bank.
Thus, your credit card number is only known by La Banque Populaire and does not transit on our servers.
After having registered his order and the delivery details, the Internet user chooses to pay his purchase online by clicking on the logo corresponding to his payment card (CB, Visa, Eurocard/Mastercard, JCB, American Express, Pluriel of the specialized financing company Franfinance...) displayed on the merchant site. A link is then created with the payment server of La Banque Populaire, a space that manages the various stages of the transaction according to a secure exchange protocol encrypting the information (SSL: Secure Socket Layer).
Online payment by Paypal
The user must have a Paypal account, to pay for his order with this method of payment. In case of payment by PayPal, the general conditions of use of Paypal apply.
5. Supporting documents
For reasons of fraud limitation, VULLI reserves the right, to accept the sale, to ask you to justify your identity and place of residence, and the means of payment used.
In this case, the processing of your order will be carried out as from the reception of these documents.
We reserve the right to cancel your order if we do not receive these receipts or if we receive receipts that are not in conformity with the order.
6. Shipping, transportation, delivery, receipt of product
6.1 Shipping of the product
The product will be shipped within 72 hours (Monday to Thursday) upon receipt of payment of the order and payment of shipping costs, subject to stock availability. This delay is increased by :
1) 24 hours if a holiday intervenes within the 72 hours mentioned above
2) 48 hours if a weekend intervenes within the 72 hours mentioned above
3) the delay due to a strike or events that may prevent the carrier from intervening
4) the delay related to a period of high activity (e.g. during the holiday season or any promotional activity)
5) the additional time as stated in paragraph 2 for the restocking of the product by the company VULLI.
The Products are delivered to the address indicated by the Customer on the order form.
The deliveries are ensured in Metropolitan France and Corsica only.
6.2 The amount of the delivery costs
The amount of the delivery charges depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the delivery charges shall be indicated to the Customer before the Order is validated.
6.3 Delay in delivery
In the event of failure to comply with the delivery deadline, the Client must instruct VULLI to carry out the delivery within a reasonable additional period of time, by registered letter with acknowledgement of receipt or in writing on another durable medium to the following address VULLI SAS - 1 avenue des alpes - 74150 Rumilly - France. If within this period, VULLI has not delivered the ordered article(s), the Customer may cancel the sale by registered letter with acknowledgement of receipt or by a written document on another durable medium to the above-mentioned address.
The contract concluded between VULLI and the Client will be deemed to have been terminated on receipt by VULLI of the letter informing it of the termination of the contract if the article has not been delivered between the sending and receipt of this letter. The Client will then be reimbursed at the latest within fourteen (14) days following the date on which the contract was terminated. The amount of the reimbursement is automatically increased by the legal interest rate if the reimbursement occurs at the latest ten (10) days after the expiration of the fourteen (14) days; by 5% if the delay is between ten (10) and twenty (20) days; of 10% between twenty (20) and thirty (30) days; of 20% between thirty (30) and sixty (60) days; of 50% between sixty (60) and ninety (90) days, and of five additional points for each new month of delay up to the price of the product, then of the legal interest rate.
6.4 Transportation and Transportation Risks
VULLI bears the risks linked to the transport until the delivery, that is to say until the physical handing over of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that you check the goods at the time of their reception in the presence of the carrier and signify, if need be, in writing on the transport voucher, the reserves observed according to the procedure described below.
6.5 Receipt of goods
You must refuse delivery if the goods are damaged or missing, or if the parcel has been opened or repackaged.
In the event of loss or damage, you must make precise and detailed written reservations on the carrier's delivery note in the presence of the carrier or his employees.
Goods accepted without reservations by the Customer at the time of delivery and/or in the absence of a letter sent to the carrier on the same day for unopened packages, are deemed to have arrived in good condition and in their entirety (in accordance with the order, number of pieces, etc.). In this case, VULLI cannot accept any claim and cannot be held responsible.
However, if the parcel has been deposited in your mailbox and you have not been able to express your reservations in the presence of the carrier, the Customer must contact the VULLLI after-sales service within 2 days of receipt of the parcel, which will contact the carrier to process the request and carry out an investigation. In order to conduct this investigation, the Customer must provide, within 2 days, photos of the package upon receipt (exterior and contents) and take care to complete this document. Once these elements have been received, Vulli will file a request with the carrier.
In the event that the incident is confirmed by the carrier, Vulli will replace the product after the carrier has investigated the incident. If the incident is denied by the carrier, VULLI cannot be held responsible and the product will not be replaced or reimbursed.
If you have any questions or difficulties, please contact us via the CONTACT US section of our website.
6.6 Delivery address error attributable to the customer
In case of error in the delivery address attributable to the customer, the latter will bear the entirety of all forwarding costs and postage as a result of his error.
7. Complaints and after-sales service
7.1 Claims
For any complaint, we invite you to contact our services by connecting you on our site and by going on the heading CONTACT US.
All complaints relating to a defect in the goods delivered, to an inaccuracy in the quantities or to their erroneous reference in relation to the accepted offer or to the confirmation of the order by the seller, must be formulated to the seller by registered mail within 48 hours from the receipt of the goods, without neglecting if necessary and in accordance with article 6.5 the recourse against the carrier, failing which the right of complaint of the purchaser shall cease to be acquired.
7.2 Need for a return number
Goods may only be returned by post, unless otherwise specified. Any return of goods requires the prior agreement of VULLI and a return number, which can be obtained free of charge via the CONTACT US section accessible from the home page of the site.
You will receive a return agreement by the means deemed most appropriate by VULLI. In the absence of a return agreement, the goods will be returned to you or held at your disposal, at your expense, risk and peril, all transport, storage and handling costs being at your expense. In the absence of a prepaid label sent by VULLI, the products are returned at your expense and risk.
We therefore advise you to declare the value of the goods and to take out transport insurance.
The purchaser has 14 days after receiving the return agreement to return the defective goods to the seller. The following information is usually required: precise contact details, description of the item(s) concerned, serial number, the fault found and the invoice or delivery note number corresponding to the parts described. The goods must be returned with a copy of the invoice and the return number appearing on the parcel within a maximum of 14 days after VULLI's return agreement, to the following address VULLI - 1 avenue des alpes - 74150 Rumilly - France.
7.3 Need for original packaging
Any defective product must be returned in its original packaging or equivalent packaging, which is the only way to ensure the transport of the product in good conditions, with the guarantee labels, with all the product and its accessories and be accompanied by a legible return number. Any incomplete, damaged or damaged product and/or whose original packaging has been damaged, will not be returned, exchanged or reimbursed, unless these disorders are the result of the carrier and that the procedure of the article has been followed. Before accepting the reimbursement of a product for which only the original packaging is missing, VULLI will be entitled to ask you to pay the sum of 35 € including VAT to cover the costs of repackaging the parts for which the original packaging has disappeared or been damaged without any procedure having been initiated with regard to the carrier. The sender must therefore take care of the packaging and conditioning of the material he sends.
7.4 Refunds
Any request for reimbursement can only be taken into account after the arrival of the returned products at VULLI according to the return procedure indicated above.
In case of return and request for refund, the terms will be as follows:
- Returned parcel of the will of the customer: refunding of the product, expenses of return to the load of the customer, if exchange, the expenses of return are to the load of the customer to which it will have to join a cheque of an amount of 7,00 euros to the order of VULLI for the return of the product in replacement.
- Returned package due to the responsibility of the company (non-conformity, package not arrived ...): refund of the product, shipping costs and return costs.
7.5 Coverage of shipping costs
Within the framework of the guarantee, and in the absence of a prepaid label, the shipping costs for the return of material within the first two months after its reception are compensated by the creation of a voucher. This is calculated on the basis of the tariff for the return of a prepaid Coliposte parcel from the Post Office.
The voucher is valid for 3 months from the date of issue.
8. Right of withdrawal reserved for individuals
Under the conditions provided for in Articles L121-18 et seq. of the Consumer Code and in the context of distance selling, the consumer has a withdrawal period of 14 clear days from the delivery of his order, which will be reimbursed against the return of the products delivered. The buyer must return the goods according to the conditions of 7.3.
Any return of goods requires a return number which can be obtained free of charge via the CONTACT US section or the MY ACCOUNT section of our website.
The Customer can make his request for withdrawal using the model withdrawal form reproduced below, which is not obligatory, by e-mail boutique@sophielagirafe.fr, or by post (Service Consommateurs VULLI - 1 avenue des alpes - 74150 Rumilly):
"To the attention of Service Consommateurs VULLI - 1 avenue des alpes - 74150 Rumilly, boutique@sophielagirafe.fr :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*) :
Name of consumer(s):
Consumer(s) Address:
Signature of consumer(s) (only if notifying this form on paper) :
Date:
(*) Cross out what is not applicable."
The return of goods is at the expense and risk of the buyer (you are therefore advised to declare the value of the goods and to take out insurance covering these risks).
However, the right of withdrawal may not be exercised pursuant to Article L121-20-2, in particular for :
- products of supply of goods made according to the specifications of the consumer or clearly personalized, such as in particular the parts assembled at the request of the purchaser.
- products which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly.
- products of supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
As such, the care products (hygiene) can not be returned.
9. Warranty
If you have a problem with your equipment, we invite you to contact our after-sales service by visiting our website and using the CONTACT US section.
9.1 VULLI legal warranty
During the warranty period, VULLI undertakes to exchange or reimburse the products recognized as defective by its services at its own expense, without the Client being able to act to rescind the sale, reduce the price, replace the Products ordered by contacting a third party or claim damages on the basis of contractual responsibility for any damage whatsoever. The exchanged products benefit from the warranty for the remaining period.
Limitation of warranty
The seller's warranty is limited to the repair, replacement or reimbursement in value of the goods recognized as defective by the seller, taking into account the use that has been made of them
VULLI will be free to decide on a complete exchange of the product or its repair. The VULLI after-sales service can only be used within the framework of the legal guarantee. In all cases, the presentation of the original invoice may be required to benefit from the guarantee.
Exclusion of warranty
The guarantees exclude damage of external origin, damage resulting from the non-conforming use of the products, damage resulting from the intervention of a repairer not approved by VULLI, which undertakes only to ensure the replacement of defective parts and the repair of damage to goods supplied to the customer by it. If the Product cannot be replaced by an identical Product, the customer will be offered an equivalent or superior Product, or a credit note. Subject to the imperative legal provisions, VULLI's liability is strictly limited to the obligations defined in the present conditions or, where applicable, in the express conditions.
VULLI cannot in any case be held responsible for material and immaterial damages which would intervene during the breakdown service in the case where the purchaser would return products which were not supplied by the salesman. VULLI cannot be held responsible under the guarantee for breakdowns or damage resulting directly or indirectly from the following cases
- Damage to the product resulting from its normal wear and tear in relation to its nature, function, composition and price;
- slight differences in the products as defined in article 2;
- Products that have been used too intensively, especially for purposes other than private;
- any defects of the product that may result from improper installation, storage, conservation, or assembly (failure to follow the assembly instructions), failure to maintain, misuse or use not in accordance with the technical specifications or use (failure to follow the maintenance and care instructions), modifications or repairs made by the purchaser or a third party, damage caused by external objects, external events such as accidents, shocks, fire, vandalism, water damage, natural or artificial light (in case of discoloration), natural disasters or bad weather.
For Products for which VULLI is not legally the manufacturer, and in the event of the latter's bankruptcy or in the event of VULLI's inability to be supplied, the client may not take action against VULLI, which will not assume any responsibility with regard to the guarantee on the products of this manufacturer.
Within the framework of the implementation of the legal guarantee of conformity, the buyer:
-has a period of two years from the delivery of the property to act;
-may choose between repairing or replacing the goods, unless this choice entails a cost that is manifestly disproportionate for the seller with respect to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer in accordance with Article L217-9 of the Consumer Code;
-The seller is exempt from proving the existence of a lack of conformity of the goods during the six months following the delivery of the goods. However, the seller can fight this presumption if it is not compatible with the nature of the good or the lack of conformity.
The buyer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. He can then choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Article L217-4 Code de la consommation : The seller is required to deliver a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery.
He shall also be 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 L217-5 Code de la consommation : The good is in conformity with the contract : 1° If it is suitable for the use usually expected of a similar good and, if necessary : - if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter
Article L217-12 Code de la consommation : The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose 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, if he had known about them.
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.
Art. L. 111-4 of the Consumer Code: the manufacturer or importer of movable goods shall inform the professional seller of the period during which or the date until which the spare parts essential to the use of the goods are available on the market''.
10. Resolutory Clause
In the event of non-compliance with one of the obligations of the buyer, the sale may be terminated by operation of law and the goods returned to the seller if he so wishes, without prejudice to any damages that the seller may claim against the buyer, within 48 hours after the formal notice has remained without effect. In this case, the seller is authorized to claim from the buyer a fixed compensation of 10% of the amount of the sale.
11. Intellectual Property
Any reproduction, in whole or in part, is systematically subject to its authorization.
However, hypertext links to the site are allowed without specific requests.
The elements published on the Site, including logos, registered trademarks (in particular: Sophie la girafe, Vulli, Klorofil, Al'thir, FanFan...), texts, photographs, images, drawings, models or paintings constitute works protected by intellectual property rights or personal rights. The reproduction or representation, in whole or in part, of this site is therefore prohibited without the express prior consent of the holders of these rights and would constitute an infringement punishable by the provisions of the Code of Intellectual Property and / or a tort likely to engage the civil liability of violators of the aforementioned rights. Similarly, any attempt to capture or divert by any means the Site's clientele by unfair methods generating and maintaining a risk of confusion in the mind of the consumer will be punished under unfair competition and articles 1240 and following of the Civil Code.
12. Responsibility of the users
Users are solely responsible for browsing this website.
VULLI shall not be held responsible for any breakdowns, errors or computer viruses that may prevent continued access to its site or for any malfunctions in users' computer systems that may be observed following access to the Site.
It cannot therefore be held liable for any direct or indirect damage that may be linked to the use of or access to its site or to the downloading of elements stored on the Site.
13. Security
VULLI takes all necessary precautions to preserve the security and confidentiality of personal data: in this respect, it undertakes in particular not to reuse the data collected for purposes other than those for which they were collected, to protect the confidentiality of personal data relating to the persons concerned and to subject any subcontractors it calls upon to the same obligations, in compliance with the French Data Protection Act.
14. Mediation of consumer disputes
In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the customer has the right to have recourse free of charge to the mediation service proposed by VULLI SAS. The mediator thus proposed is the CM2C. This mediation service can be reached by :
- electronically: www.cm2c.net ;
- or by post: CM2C - Centre de la Médiation de la Consommation de Conciliateurs de Justice - 14 rue Saint Jean 75017 PARIS
15. Eco furniture
VULLI S.A.S. is registered in the National Register of Issuers on the Market of the French Agency for the Environment and Energy Management (ADEME) under the number FR211251_12CMNL for the Toys sector. This number guarantees that VULLI S.A.S., by joining Eco-mobilier, complies with the regulations on the management of waste from toys and games, according to article R. 543-254 of the Environmental Code and the decree of August 5, 2013.
Give a second life to your games and toys. When you want to get rid of them, if your toy is in good condition, you can give it to a social economy structure. If not, you can drop it off at the waste collection center or have it taken back when you buy a new toy. The games and toys collected in the Eco-mobilier bins are sent to sorting centers where the materials are separated by stream (wood, mattresses, scrap metal, plastic, etc.) to be sent for recycling and used to manufacture other products. For more information : eco-mobilier.fr
16. Final Stipulations
This contract is governed by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. VULLI will archive the order forms and invoices on a reliable and durable medium constituting a reliable copy in accordance with the provisions of article 1379 of the Civil Code. The computerized registers of VULLI will be considered by the parties as proof of the communications, orders, payments and transactions that have taken place between the parties, unless proven otherwise. The electronic signature constituted by the "double-click" procedure when the order is placed and recorded has handwritten value between the parties. French law is applicable without precluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer in the corresponding country. If one of the clauses or provisions of these General Terms and Conditions of Sale were to be annulled or declared illegal by a final court decision, this nullity or illegality shall not affect the other clauses and provisions, which shall continue to apply. All disputes relating to the formation, execution and termination of the contractual obligations between the parties that cannot be settled amicably will be submitted to the French courts (either the court of the place of residence of the consumer, or the court of the place of the registered office of VULLI in accordance with the provisions of public order). In the event of a dispute with professionals and/or merchants, the dispute will be submitted to the jurisdiction of the Commercial Court of Annecy in whose jurisdiction the seller's head office is located, regardless of the conditions of sale and the method of payment accepted, even in the event of a warranty claim or a plurality of defendants, the seller reserving the right to refer the matter to the court with territorial jurisdiction over the buyer's head office. The fact that VULLI does not avail itself at a given moment of one of the clauses of the present contract, cannot be considered as a renunciation to avail itself later of these same clauses.
Version of 28/07/2022
