1. VENDOR IDENTIFICATION

NEW IN S.A.S. having its registered office at 132 avenue Victor Hugo - 75116 Paris, FRANCE, registered with the Paris Trade and Companies Register under number 92033825800014.

VAT n° FR93920338258

Phone: +33 4 93 07 36 64

 

2. PARTIES

Between the undersigned:

(i) The company NEW IN S.A.S.,

owner of the www.venisecollection.com website.

Hereinafter referred to as the "Seller", on the one hand,

(ii) The customer,

any non-commercial individual who browses, reads, reserves, orders and/or purchases a product or service offered on the site.

Hereinafter referred to as the "Customer", on the other hand.

 

 3. DEFINITIONS

- Article: product of any kind offered for sale (e-commerce service) on the Site www.venisecollection.com.

- Customer: a non-trading individual who browses, reads, reserves, orders and/or buys a product offered on the Site.

- Order: commitment to purchase all of the Articles selected by the Customer via the Site's e-commerce service.

- Site: website published by Venise Collection and accessible at the address www.venisecollection.com.

 

4. APPLICATION OF THE GENERAL CONDITIONS OF SALE

Any online purchase made on the website www.venisecollection.com is subject to prior knowledge and acceptance of these general conditions of sale (hereinafter "GCS").

Please read them carefully and make sure you understand them before ordering from our site. Please note that before placing an order you will be asked to agree to these terms. If you do not accept these terms, we won’t be able to process your order.

The Customer's "click" on the "Proceed to payment" button accessible on the page dedicated to the validation of the order constitutes acceptance.

  

5. PRESENTATION OF THE PRODUCTS

The products offered for sale are described and presented as accurately as possible.

Although we have made every effort to reflect product colours as accurately as possible, we are unable to guarantee that your computer’s display of the colours accurately reflects the true colour of the products.

However, if errors or omissions may have occurred with regard to this presentation, the responsibility of Venise Collection is limited to the reimbursement of reasonable expenses incurred by the Customer for the return of the Article.

 

6. PRICE OF THE PRODUCTS

6.1. VAT

Prices are indicated in euros (€) all taxes included (VAT included).

The amount of VAT is indicated when the Customer selects a product. If the VAT rate were to be modified, these changes may be passed on to the price of the items without the Customer being informed beforehand.

Products that are to be delivered outside of the European Union are purchased in Euros and you will have a VAT deduction applied within the checkout when a valid delivery address is entered, and your package will be sent DDU (Delivery Duty Unpaid). Your order may then be subject to import duties and taxes which are applied when the delivery reaches its destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for paying any such local sales tax or import duties arising at the delivery destination, as these are not included in the price of the products. Import duty or tax costs will be invoiced directly to you from the courier or an import broker.

These customs duties and possible taxes related to the delivery of an item are the responsibility of the customer and are your responsibility. We are not obliged to check and inform you of the applicable customs duties and taxes. Please note that by ordering on the Site, you are considered the importer of record and are required to comply with all laws and regulations of the country where you will receive the goods. We would like our customers to be aware that cross-border deliveries may be subject to an opening and inspection procedure by customs authorities.

We recommend you contact your local customs authority to determine a landed cost price prior to placing your order.

6.2. Delivery fees

The prices of the Products are exclusive of delivery costs. The amount of the shipping costs is specified on the Site before validation of the Order.

6.3. Price modification

Venise Collection reserves the right to modify its prices at any time, but the Products are invoiced at the price in force at the time the Order is recorded.

We inform you that in the event of an erroneous, manifestly derisory price (vile price) being displayed, whatever the reason (computer bug, manual error, technical error.), the Order will be cancelled, of which we will inform you as soon as possible.

 

7. ORDER

The Customer who wishes to buy a product must create a customer account at the time of his first order.

Any order implies acceptance of the price and description of the products available for sale.

The Seller undertakes to fulfill orders received on the website only within the limits of available stocks of products. In the absence of availability of products, the Seller undertakes to inform the Customer as soon as possible. Reimbursement shall then be made within 14 days following cancellation of the Order.

The Seller undertakes to send the Customer, by e-mail, a confirmation of receipt of its Order. The Customer must check the content of the communication as soon as possible and immediately notify the Seller of any errors or omissions.

As soon as the Order is shipped, we shall inform the Customer by e-mail. His TNT or Colissimo tracking number will then be communicated to him.

 

8. PRODUCT AVAILABILITY

The Seller undertakes to honor orders received on the website only within the limits of available stocks of the products. The items visible on the Site are available while stocks last. In the event of a debit or collection for the order of an unavailable item, Venise Collection undertakes to inform the Customer thereof by email and to reimburse him within 14 days of the cancellation of the Order.

Venice Collection is a family business. We do everything we can to keep our inventory levels as precise as possible. Although rare, errors can occur. If an item is displayed in our online store, it means it is in stock, ready to ship. All sizes that are no longer in stock are marked as unavailable.

During sales or for promotional items, it may happen that several customers simultaneously order the same item, which may result in a stock shortage. If we cannot ship an item that has already been ordered, we will cancel and / or refund the debit of the amount of your order from your credit card or PayPal account.

We advise you to consult our site regularly. Please do not hesitate to contact us at the email address: support@venisecollection.com

9. CREATION OF A CUSTOMER ACCOUNT

Anyone can freely and gratuitously create a customer account through the "Login" section and then "Create an account".

The creation of a customer account is carried out by filling in the form that is proposed to the user of the site.

This account is strictly personal and allows the user to identify himself before validating each Order.

The identifiers and passwords are personal and confidential.

In the event of suspicion of the use of the identifier and password by a third party, the Customer must immediately change its password or alert the Seller.

 

10. SECURE PAYMENT

10.1. Payment

 

Any Order implies an obligation of payment.

The Order shall not be final until full payment of the price and costs associated with the Order has been made.

The Order is payable immediately, by one of the following means:

- credit card: CB, Visa, MasterCard, American Express; or

- Paypal account.

The price invoiced to the Customer is the price indicated on the Order confirmation sent to the Customer by email.

 10.2. Security of payments

In order to ensure the security of payments, the Venice Collection site uses the secure payment service of the Caisse d’Epargne bank. This service integrates the SSL security standard. Confidential data (the 16-digit bank card number, the expiry date, the CVX code) are directly transmitted encrypted to the bank's server without passing through the server's physical media.

The payment request is routed in real time to the secure telepayment manager.

The latter sends an authorization request to the bank card network.

The telepayment manager issues an electronic certificate which will be used as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316-1 et seq. of the French Civil Code.

10.3 Verification of payments Venice Collection

Venice Collection controls all the Orders that have been validated on its Site. These controls are aimed at protecting Venice Collection and its Customers from abusive practices carried out by fraudsters.

Our services may ask you for all the documents necessary to release your Order: proof of identity or proof of residence, for example. These requests shall be sent to the Customer by e-mail.

 10.4. Failure to pay

Venise Collection reserves the right to refuse to honour an order coming from a Customer who has not fully or only partially paid for a previous Order or with whom a payment dispute is in progress.

 

11. DELIVERY

11.1 General

11.1.1 Delivery cost

Delivery is free only for France orders.

International deliveries are subject to charges. Fees depend on the country of shipment. At the time of ordering, you can estimate the amount of shipping costs by selecting the country of destination.

11.1.2 Delivery services

Deliveries in metropolitan France are made by the carrier TNT. The Customer has the choice between home delivery or Relay Parcel delivery according to the list proposed. In case of unavailability of the service, the Seller may make the shipment by Colissimo.

Deliveries in Corsica, Monaco and abroad can be made by Colissimo.

The Customer is informed that it is up to him to provide exactly all the details necessary for the good routing of his Order and the perfect delivery (access code, access specification for example).

If the Customer is absent at the time of delivery, a delivery notice will inform him/her of the terms and conditions for keeping the parcel and making it available, under the full and exclusive responsibility of the carrier.

In case of absence at home, please note that TNT will automatically deposit the package in the nearest Parcel Relay. It will be your responsibility to pick it up within seven days following the notice of passage.

 

11.2. Shipping and delivery times

11.2.1. Delivery in France

Orders placed are shipped within two business days of the Order being placed.

From the date of shipment, allow 48 hours for delivery in metropolitan France and in Corsica.

11.2.2. Delivery abroad

Orders placed are shipped within two business days of the order being placed.

The delivery time varies according to the country of delivery. Allow two to four days for delivery within Europe and four to nine days for delivery outside Europe.

These delivery times are given notwithstanding any fortuitous event or force majeure that would delay the delivery independently of the will and diligence of the Seller.

It is an average time depending on the destination and the availability of the item. Exceeding this time limit may not give rise to any reduction in the price paid by the Customer or to any payment of damages and interest, provided that the Customer is delivered within 30 working days following confirmation of its Order.

 

12. CLAIM

The Customer is obliged to check the conformity of the Items received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as damaged package, missing product, damaged product, product not in conformity with the Order etc., must be notified within the legal deadlines following the reception of the order. This notification will be sent by e-mail to support@venisecollection.com.

 

13. WITHDRAWAL PERIOD

If the Customer is not satisfied with the Items ordered remotely, he may exercise his right of withdrawal without giving any reason. He then has a legal period of 14 (fourteen) days from delivery of the Articles to return them under the terms of Article L221-18 of the French Consumer Code.

 

Venise Collection offers the Customer the possibility of returning his Order within 30 (thirty) calendar days following receipt of his Order (the date of delivery being taken as proof).

The product must be returned in new condition, with its original labels still attached to the article, and must be neither stained nor washed. Items returned incomplete, damaged or soiled by the Customer will not be accepted.

Returns are made at the expense, risk and peril of the buyer for orders outside made outside of France.

You must enclose with your return shipment: a copy of the purchase invoice (enclosed with your delivery).

The Customer may use, if he wishes, the model withdrawal form that can be downloaded here.

 

14. METHODS OF RETURN

The Customer may return items he does not wish to keep or make an exchange in one of the following two ways:

(i) By mail to the following address :

Venise Collection

E-commerce return service

132 avenue Victor Hugo

75116 PARIS

FRANCE

 

 (ii) Return your items free of charge to one of our stores.

 In both cases, please bring the invoice that was given to you for faster processing of your return.

 

15. LEGAL WARRANTIES

The Articles are guaranteed against defects of conformity and unacceptable defects under the conditions provided for in Articles 1641 to 1649 of the French Civil Code and L 217-1 and following of the French Consumer Code,

15.1 Warranty for hidden defects

The Articles offered by the Seller are subject to the warranty against hidden defects set forth in Articles 1641 of the French Civil Code: "The Seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »

The action resulting from latent defects must be brought within 2 (two) years from the discovery of the defect (Article 1648 paragraph 1 of the French Civil Code).

The Customer may decide to implement the warranty against latent defects of the thing sold by choosing between cancellation of the sale or a reduction of the sale price in accordance with the provisions of Article 1644 of the French Civil Code.

If the Seller is unaware of the defects of the thing sold, he will only be required to return the price and reimburse the buyer for the costs incurred by the sale (Article 1646 of the French Civil Code).

15.2 Guarantee of conformity

Under the terms of Article L 217-4 of the French Consumer Code, "the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility. ».

A good is in conformity with the contract:

1° If it is fit for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller 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, the producer or his representative, particularly in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

The action resulting from the lack of conformity shall be time-barred within 2 (two) years from the delivery of the Article (Article L 217-12 of the Consumer Code).

The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 2 (two) years following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee. The Customer has 2 (two) years from delivery of the goods to enforce this warranty.

In the event that the Customer wishes to implement any of these guarantees, it must inform the Seller by e-mail at the following address: support@venisecollection.com. The Parties undertake to find an amicable solution.

Within the framework of these guarantees, Venise Collection commits itself to the Customer's choice:

- Either to replace the Article by an identical product according to the available stocks;

- or to reimburse the price of the Article, as well as the possible expenses of delivery and return, if the replacement proves impossible;

- or to communicate to the Customer the contact details of the manufacturer or distributor of the Article.

15.3. Guarantee of authenticity

The Seller guarantees the authenticity of all Items purchased on the Site.

 

16. RESPONSIBILITY

The responsibility of Venice Collection cannot be retained in case of failure to fulfill one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the jurisprudence rendered by the French courts or because of the other party. Force majeure is an external, unforeseeable and irresistible event.

In particular Venice Collection will not be held responsible for any non-performance or delay in the execution of Orders caused by events beyond its control, i.e. in cases of force majeure such as strikes, natural disasters, impossibility to use public and private telecommunications networks, riots, fire, etc.

Furthermore, Venice Collection cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network and totally outside the diligence and precautions taken by Venice Collection.

In particular, Venice Collection cannot be held responsible for any disruption in the provision of the service, or for any external intrusion or presence of computer viruses.

 

17. PERSONAL DATA

Venice Collection, for the purposes of the service, reserves the right to collect personal data relating to users of the site, including through the use of "cookies".

To this end, the Venise Collection site is registered with the CNIL under the number: 1530747.

Venise Collection also reserves the right to commercially transfer the data it has collected on its site.

In any case, and in accordance with the French legislation n°78-17 of January 06, 1978, any user or customer of the site can at any time oppose the commercial use of the aforementioned data and benefits in addition from a right of access, rectification and deletion of the data concerning him.

All requests relating to this article must be sent by mail to the following address: Venise Collection - 132 avenue Victor Hugo, 75116 PARIS – FRANCE.

 

18. INTELLECTUAL PROPERTY

All texts, comments, photos, trademarks, illustrations and images reproduced on the Site are protected both under copyright and intellectual property. These elements are and remain the exclusive property of Venice Collection or of the holder of the intellectual property rights concerned. Any total or partial reproduction of the Site or any of its elements, on any medium and for any reason whatsoever, is strictly prohibited.

 

19. MODIFICATION OF THE TERMS & CONDITIONS

Considering the possible evolutions of the Site and the regulations, Venise Collection reserves the right to modify the terms and conditions at any time.

Only the terms and conditions in force at the time of the conclusion of the contract will be opposable to the Customer.

The modifications of the terms and conditions are opposable to the Customer as soon as they are put on line on the Site and cannot apply to transactions concluded previously.

The new Terms and Conditions of Sale will, if necessary, be brought to the attention of the Customer by modification of the dedicated page of the Site. The Customer expressly consents to the new version of the terms and condition by validating a new order.

 

20. APPLICABLE LAW, MEDIATION, DISPUTE

The General Terms and Conditions of Sale are executed and interpreted in accordance with French law.

If any of the terms of these Terms and Conditions of Sale should be found to be declared invalid, illegal or unenforceable by a court decision, the other provisions of the Terms and Conditions of Sale shall remain in force.

In the event of a dispute, the Customer shall first contact Venise Collection to seek a settlement.

After the Customer has made a prior written request to Venise Collection, a Mediator can be contacted for any consumer dispute whose settlement would not have been successful.

The Customer may contact the MEDICYS mediation service to which Venise Collection belongs in one of the following ways:

- online: https://medicys-consommation.fr/ ;

- by mail: Médicys - 73 Boulevard de Clichy 75009 Paris; or

- by email: contact@medicys.fr

In compliance with European Regulation No. 524/2013, the Customer also has the possibility to enter the online dispute resolution platform via the following address: https://ec.europa.eu/consumers/odr/.

In the absence of mutual settlement, disputes are the exclusive jurisdiction of the competent French courts.