General conditions of sale

Article 1 – GENERAL PROVISIONS

These General Conditions of Sale ("GCS") determine the rights and obligations of the parties in the context of the online sale of products offered on the Internet site viralo.co (hereinafter referred to as "the site") by the company SAS LM ONLINE (hereinafter referred to as "the supplier").

Any Order placed on the site implies prior acceptance of these General Terms and Conditions, including the additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These conditions are subject to French law. These General Terms and Conditions are therefore an integral part of the agreement between the Customer and the supplier. They are fully enforceable against the Customer, who declares that he/she has read and accepted them, without restriction or reservation, before placing his/her Order. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered there.

These General Terms and Conditions apply to any Order placed by a natural person of full age acting as an individual who acknowledges having full capacity to enter into a commitment when placing an Order and to provide, where applicable, supporting documents of their identity and age.

Persons acting in a professional capacity in the context of their commercial, industrial, craft, liberal or agricultural activity are expressly excluded from the scope of these General Terms and Conditions, including if they act in the name of or on behalf of another professional.

Any new features or tools which are added to the website in the future shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This site is hosted by Shopify.

Article 2 – ONLINE CONTRACTING (articles 1369-4 and 1125 to 1127 of the civil code)

The sales contract between the buyer and the seller is concluded when the latter validates his order at the end of the selection process of the product(s) he has chosen.

To purchase one or more products on the site, the Customer selects each product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (first click).

At this stage, the Customer is redirected to a page containing a summary of the selected products, the corresponding prices, the terms and conditions and the delivery costs. It is then up to him to check and possibly correct the contents of his basket. It is up to him to read these General Terms and Conditions carefully before validating the entire Order.

This validation of the Order after checking the basket and reading the T&Cs (second click) constitutes conclusion of the Contract and the Customer acknowledges that the second click entails an obligation to pay on their part.

The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceed to pay for his Order.

After validating his Order and making his payment, the Customer receives, on the email address he provided to create his account, a confirmation message from the supplier. This message contains, in PDF format:

– The summary of his order (selected product, price, terms and delivery costs);

– Precise identification of the supplier and its activity;

– The Order number;

– The terms, conditions and withdrawal form;

– These T&Cs in PDF format.

In the event of non-receipt of confirmation of the Order, the Customer is recommended to contact the supplier via the contact form on the site.

The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.

The Customer is advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.

The Supplier reserves the right to refuse any Order for any legitimate reason, including for example:

– Order not in accordance with the T&Cs;

– Quantities ordered not corresponding to normal use by an individual;

– Suspicion of fraud on the Order.

Article 3 – INFORMATION ON THE CHARACTERISTICS AND AVAILABILITY OF THE PRODUCTS

The Customer is informed in French on the site of the essential characteristics of the goods and their price as well as the conditions of use of the product.

The customer acknowledges that the illustrations, videos or photos of the products presented for sale have no contractual value.

The period of validity of the price conditions of sale of the products and their availability is specified on the website.

Products are available within the limit of suppliers' stocks. This product availability is normally indicated on the specific product page.

In the event that a product becomes unavailable after validation of the Order, the supplier will immediately inform the customer by email. The Order will be automatically cancelled and the supplier will refund the full price paid.

However, if the Order contains products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.

Article 4 – PRICE OF PRODUCTS

It is the one mentioned on the site at the time of validation of the Order.

It may be modified at any time and without notice.

It does not include the cost of shipping, transportation and delivery of the products to the delivery address.

VAT – CUSTOMS DUTIES AND SIMILAR:

The products ordered by Customers are imported from countries outside the European Union and the sale is carried out under the conditions of “delivery ex-works”, their price is indicated in Euros excluding VAT and excluding customs duties.

The price of the products does not include import VAT, import taxes or customs duties, which will have to be paid in addition and are the responsibility of the Customer.

The Customer is solely liable for import VAT when clearing the product through customs and may be asked to pay import VAT.

For all products shipped from a country outside the European Union, customs duties or other taxes or fees may be payable which are the responsibility of the Customer.

In fact, when purchasing, the Customer is the importer of the product purchased in his capacity as recipient of the product.

He is therefore particularly responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for products with a customs value greater than €150).

The Customer is solely liable for customs duties when clearing the product through customs as the actual recipient of the goods . These customs duties, which are not invoiced to the Customer by the supplier, are not the responsibility of the supplier. The latter cannot therefore be held liable for reimbursement of these duties.

The Customer is invited to inquire about these aspects with the competent tax and customs authorities before placing an order.

Article 5 – PAYMENT TERMS

Payment for the Order is made in cash after validation of the Order.

Several payment methods are offered to the Customer:

Payment by bank cards linked to a banking institution located in France or by international bank cards (Visa, MasterCard, American Express and Maestro). The Customer certifies that he is the holder of the necessary authorizations to pay with the bank card used. He expressly acknowledges that the communication of his bank card number constitutes irrevocable authorization to debit his account for the price of the products ordered. The amount will be debited at the time of validation of the Order.

Credit card payments are made via a secure payment platform and the bank card information communicated benefits from the SSL encryption process.

Payment by Paypal up to a limit of one thousand Euros (€1,000). It is emphasized that in the event of using this payment method, the General Conditions of Use of Paypal are added to these General Conditions of Sale.

Payment by vouchers and/or promotional codes : The vouchers and/or promotional codes issued by the supplier may be used to pay for all or part of the Order. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the supplier may proceed to the pure and simple cancellation of the Order.

In the event of refusal of payment by officially accredited bodies or in the event of non-payment of the Order, the supplier reserves the right to cancel said Order.

The provider reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers its services.

The supplier reserves the right to ensure that no person illegally uses a third party's bank card without their knowledge. To this end, it may ask the Customer for a copy of their identity document, proof of address and a copy of the bank card used for payment in compliance with data confidentiality. The order will only be validated after receipt and verification of the documents sent.

Article 6 – DELIVERY

Before validating the Order, the supplier communicates to the Customer information concerning the different delivery methods as well as their respective costs and deadlines.

The supplier will make every effort to ensure that the product(s) are delivered on the scheduled delivery date. In the event of any difficulty, the supplier undertakes to communicate promptly with the Customer to inform them and seek an appropriate solution with them.

Delivery costs are borne by the Customer and are included in the price requested when placing the Order.

Delivery is made, at the Customer's choice, either to the address specified by the Customer when ordering, or, where applicable, to a relay point chosen by the Customer from the list of points offered to them. The supplier cannot be held at fault in the event of a delay or failure to deliver attributable to incomplete or incorrect information provided by the Customer.

Upon receipt of the product, the Customer undertakes to check that it is complete and that it is not damaged.

In the event of an anomaly, the Customer must contact the supplier within three days (excluding public holidays) following the date of receipt of the product.

Article 7 – LEGAL GUARANTEES

The supplier is liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in accordance with Articles 1641 et seq. of the Civil Code.

When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Customer:

– has a period of 2 years from delivery to take action;

– may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;

– is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the product is new, and during the 6 months following delivery if the product is sold second-hand.

The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code; the Customer may choose between cancellation of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.

These legal guarantees apply independently of any contractual guarantee.

Reproduction of applicable texts

L.217-4 Consumer Code:

"The seller delivers 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, assembly instructions or installation when this has been placed at his expense by the contract or carried out under his responsibility."

L.217-5 Consumer Code:

“The property complies with the contract:

1° If it is suitable 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 latter 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, in particular in advertising or on labelling;

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

L.217-9 Consumer Code:

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller 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 significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer."

L.217-12 Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

1641 of the Civil Code

"The seller is bound by the guarantee for hidden defects in 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 paid a lower price for it, if he had known of them."

1648 of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. […]”

Article 8 – RIGHT OF WITHDRAWAL ( law n° 2014-344 of March 17, 2014 relating to consumption ).

In accordance with Article L 121-20 of the Consumer Code, the Customer has the right to freely withdraw within a period of fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several products, the period runs from the receipt of the last product.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.

To exercise his right of withdrawal, the Customer must inform the supplier by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above and indicating the name and references of the product, the date of the order and receipt of the product, the order number, the number and address of the Customer and, in the event of a request sent in paper form, the signature of the Customer.

The request must be sent to the supplier by post or email to the addresses listed in the “legal notices” and/or “contact” section of the site.

The Customer has 14 days from the sending of the notification of withdrawal to return the product to the supplier in its original packaging, the return costs remaining the exclusive responsibility of the Customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the supplier to resell them. In the event of receipt of opened, used, incomplete, damaged or soiled products, the supplier will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the product.

The supplier will reimburse the Customer within 14 days following the date on which it becomes aware of the exercise of the right of withdrawal. However, it may only reimburse the Customer upon receipt of the returned product if it has received the latter at a later date.

This reimbursement will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment.

Article 9 – INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a product page, sales of products on the Site do not entail any transfer of intellectual property in the products sold.

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the supplier or their initial owner. No transfer of intellectual property rights is made through these T&Cs.

Article 10 – FORCE MAJEURE

The Supplier shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of an unforeseeable event or force majeure that would prevent its performance. The Supplier shall notify the Customer of the occurrence of such an event as soon as possible.

Article 11 – EXCLUSION OF LIABILITY

Notwithstanding anything to the contrary set forth herein, the Supplier shall in no event be liable for any loss or damage resulting from improper use of the Product(s) by the Customer, including, without limitation, any modification or alteration of the Product(s) not authorized by the Supplier.

Article 12 – SUSPENSION – TERMINATION OF ACCOUNT

The supplier reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the T&Cs, or in general the applicable legal provisions, without prejudice to any damages that the supplier may seek.

Any person whose account has been suspended or closed will not be able to subsequently order or create a new account on the Site without the prior authorization of the supplier.

Article 13 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by the supplier constitutes proof of all transactions.

With each Order, the Order summary is sent by email to the Customer and archived on the supplier's website.

The archiving of communications between the supplier and the Customer is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the supplier. They may be produced as proof of the Contract.

The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

The Client will have access to the archived elements upon simple request to the email address appearing in the “legal notices” or “contact” section of the site.

Article 14 – NULLITY AND MODIFICATION OF THE GTC

If any of the provisions of these General Terms and Conditions are void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.

Any tolerance on the part of the supplier in the application of all or part of the commitments made under these General Terms and Conditions, whatever their frequency and duration, cannot constitute a modification of the General Terms and Conditions, nor generate any right whatsoever for the Customer.

Article 15 – APPLICABLE LAW AND DISPUTE RESOLUTION

These T&Cs are subject to French law.

In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.

In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/main