GENERAL TERMS AND CONDITIONS OF SALE
VITALE operates the website ISOTIGERS.COM. ISOTIGER is a brand of ETS VITALE, a limited liability company (SARL) registered with the Trade and Companies Register (RCS) of CASTRES (SIRET: 50373756100012). VAT No.: FR31503737561
REGISTERED OFFICE:
SARL VITALE Bonnet Radiateurs Automobile
27 RUE LUDOVIC JULIEN
ZAC DE LA CHARTREUSE
81100 CASTRES, FRANCE
Tel.: 05 63 59 31 80
Fax: 05 63 72 05 91
EU VAT No.: FR31503737561
Email: contact.vitale@orange.fr
PLATFORM:
ISOTIGER Global Shop Division
VITALE Group
Zone Orles Center
2400, avenue Julien Panchot
66000 Perpignan
Tel.: +33 (0)4 68 36 14 02
The online store on the ISOTIGERS.COM website, formerly VITALE RADIATEURS, was established by VITALE, which operates this website. Any order placed for a product featured in the online store on the isotigers.com website implies prior consultation of these General Terms and Conditions. Consequently, the consumer acknowledges that they are fully informed that their acceptance of the content of these General Terms and Conditions does not require a handwritten signature, insofar as the customer wishes to order online the products presented in the website's online store.
The consumer may save or edit these General Terms and Conditions, it being specified that both the saving and editing of this document are solely their responsibility. Prior to placing an order, the consumer declares that the purchase of these products has no direct connection with their professional activity, as the products are intended for their personal use. As a consumer, the customer therefore has specific rights, which would not apply if the products or services acquired through the website were in fact connected with their professional activity.
The online store established by VITALE RADIATEURS on the website provides the following information:
legal information enabling precise identification of VITALE RADIATEURS;
a presentation of the essential characteristics of the goods offered;
prices of the goods, stated in Euros;
payment, delivery, and performance terms;
the existence of a right of withdrawal;
the period of validity of the offer or price;
the termination conditions applicable when the contract is for an indefinite period or for a period exceeding one year;
all of this information is presented in French.
The consumer declares that they have full legal capacity to enter into these General Terms and Conditions.
Article 1: Entire Agreement
These General Terms and Conditions constitute the entire obligations of the parties. Accordingly, the consumer is deemed to accept without reservation all of the provisions set out in these General Terms and Conditions. No general or specific terms contained in documents sent or provided by the consumer shall be incorporated into these terms where such documents are incompatible with these General Terms and Conditions.
Article 2: Purpose
These General Terms and Conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by VITALE RADIATEURS to the consumer.
Article 3: Contractual Documents
This contract is formed by the following contractual documents, presented in descending order of priority: these General Terms and Conditions; the purchase order. In the event of any contradiction between provisions contained in documents of different priority levels, the provisions of the higher-ranking document shall prevail.
Article 4: Effective Date – Duration
These General Terms and Conditions enter into force on the date the purchase order is signed. These General Terms and Conditions are concluded for the period necessary to provide the goods and services purchased, until the expiry of the warranties owed by VITALE RADIATEURS.
Article 5: Electronic Signature
The consumer's "click" on the purchase order constitutes an electronic signature which, between the parties, has the same legal value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be confirmed by email no later than the time of delivery or, failing that, to the email address provided by the consumer on the purchase order.
Article 7: Proof of Transaction
Computerized records, stored in VITALE RADIATEURS' IT systems under reasonable security conditions, shall be considered proof of communications, orders, and payments made between the parties. Purchase orders and invoices are archived on a reliable and durable medium that may be produced as evidence.
Article 8: Product Information
8-a: VITALE RADIATEURS presents the products for sale on its website together with the information necessary to comply with Article L 111-1 of the French Consumer Code, which provides that prospective consumers must be able to know the essential characteristics of the products they wish to purchase before placing a final order. The brands and references of the radiators are provided for information purposes only.
8-b: Offers presented by VITALE RADIATEURS are valid only while stocks last.
Article 9: Prices
Prices are stated in Euros and are valid only on the date the purchase order is sent by the consumer. They do not include delivery costs, which are charged additionally and indicated before the order is validated. Prices include the VAT applicable on the date of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store. Full payment of the price must be made when the order is placed. At no time may amounts paid be considered as deposits or advance payments.
Article 10: Payment Methods
To pay for their order, the consumer may choose from all payment methods indicated on the purchase order. The consumer guarantees VITALE RADIATEURS that they have any authorizations that may be required to use the payment method selected when validating the purchase order.
VITALE RADIATEURS reserves the right to suspend any order processing and delivery in the event that payment authorization by bank card is refused by officially accredited institutions or in the event of non-payment. VITALE RADIATEURS also reserves the right to refuse delivery or to fulfill an order placed by a consumer who has not fully or partially paid a previous order, or with whom a payment dispute is currently being handled.
FREE CREDIT PAYMENT OPTION – CHOOZEO
CHOOZEO is a free-of-charge credit facility, with no fees, repayable in 3 or 4 installments, offered by NATIXIS FINANCEMENT, a société anonyme with share capital of €73,801,950, whose registered office is at 30 avenue Pierre Mendès France, 75013 Paris – RCS Paris 439 869 587.
The amount of the free credit ranges from €135 including VAT to €3,000 including VAT. CHOOZEO is reserved for private individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard bank card with an expiry date more than 6 months after the purchase date.
Cards with systematic authorization, including Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express cards are not accepted.
After completing their order, the customer must click on the "CHOOZEO 3 or 4 installment payment by bank card" button.
The customer is then redirected to the CHOOZEO website of NATIXIS FINANCEMENT, displaying a summary of their order and the free credit application, which they must then validate.
VITALE RADIATEURS merely connects its customers with NATIXIS FINANCEMENT by providing a non-contractual landing page on its website. It is therefore not subject to regulations applicable to intermediaries in banking transactions and payment services.
Furthermore, if the customer requests a financing solution offered by NATIXIS FINANCEMENT, information relating to their order and identity (surname, first name, postal address) will be transmitted to it. NATIXIS FINANCEMENT will use this information to assess the application for the granting, management, and collection of credit.
NATIXIS FINANCEMENT reserves the right to accept or refuse the customer's application for financing in 3 or 4 interest-free installments. The customer has a period of 14 calendar days to exercise their right of withdrawal from the credit agreement.
Article 11: Product Availability
The order will be fulfilled within an average maximum period of 3 days from the day following the date on which the consumer placed the order.
In the event that the ordered product is unavailable, the consumer will be informed as soon as possible and will have the option to cancel their order. The consumer may then choose either to request a refund of the amounts paid, no later than 30 days after payment, or to exchange the product.
Article 12: Delivery Terms
Products are delivered to the address indicated by the consumer on the purchase order and only to European countries, as well as the French overseas departments and territories (DOM and TOM).
The consumer must check the condition of the packaging upon delivery and report any transport-related damage on the delivery note, as well as to VITALE RADIATEURS, within one week.
Upon request, the consumer may have an invoice sent to the billing address rather than the delivery address by selecting the corresponding option on the purchase order.
Shipments are made via the following transport companies: CHRONOPOST, France EXPRESS, and COLISSIMO. As soon as we dispatch an order, you will immediately receive an email informing you of the shipment.
Article 13: Delivery Problems Caused by the Carrier
Any irregularity concerning the delivery (damage, product missing compared with the delivery note, damaged package, broken products, etc.) must be expressly indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature.
The consumer must also confirm this irregularity by sending the carrier a registered letter with acknowledgment of receipt within two (2) working days following the delivery date, setting out the relevant claims.
The consumer must send a copy of this letter by fax or ordinary mail to:
VITALE RADIATEURS
17 Rue Ludovic Julien, ZAC de la Chartreuse
81100 CASTRES
Article 14: Delivery Errors
14-a: The consumer must submit to VITALE RADIATEURS, on the day of delivery or no later than the first working day following delivery, any claim concerning a delivery error and/or any non-conformity of the products in terms of type or quality compared with the information stated on the purchase order. Any claim submitted after this deadline will be rejected.
14-b: This claim may be submitted to VITALE RADIATEURS as follows:
– preferably by telephone at 04 68 95 14 74, Monday to Friday, from 8:00 a.m. to 5:00 p.m.
14-c: Any claim not submitted in accordance with the procedures defined above and within the applicable deadlines cannot be taken into account and shall release VITALE RADIATEURS from any liability towards the consumer.
14-d: Upon receipt of the claim, VITALE RADIATEURS will assign an exchange number for the product(s) concerned and communicate it to the consumer by email, fax, or telephone. A product may only be exchanged after an exchange number has been assigned to the consumer in accordance with the procedure described above.
14-e: In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned in its entirety and in its original packaging to VITALE RADIATEURS by registered Colissimo mail, at the following address:
VITALE RADIATEURS
17 Rue Ludovic Julien, ZAC de la Chartreuse
81100 CASTRES
For a return to be accepted, it must first be reported to VITALE RADIATEURS' Customer Service Department.
Shipping costs shall be borne by VITALE RADIATEURS, except where it is established that the returned product does not correspond to the original declaration made by the consumer on the return form.
Article 15: Product Warranty
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, these provisions may not deprive the consumer of the statutory warranty which requires the professional seller to guarantee the consumer against all consequences of latent defects in the goods sold.
The consumer is expressly informed that VITALE RADIATEURS is not the manufacturer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 relating to liability for defective products.
Consequently, in the event of damage caused to a person or property by a product defect, only the manufacturer's liability may be pursued by the consumer, based on the information appearing on the packaging of the product concerned.
The manufacturer's warranty terms and duration are indicated on the product pages.
Given the frequency with which components of technical products are renewed, isotigers.com may, upon request, inform the consumer of the availability of spare parts for the products offered and, where applicable, the procedures for obtaining them.
Our products are covered by a 1-year warranty. In the event of a technical defect or breakdown, please contact us so that we can investigate your problem.
STANDARD EXCHANGES ARE AVAILABLE WITH OR WITHOUT WIRING HARNESS CHANGES.
Article 16: Right of Withdrawal
The consumer has a period of 10 working days to return, at their own expense, products that do not meet their requirements. This period begins on the day the consumer's order is delivered.
If this period expires on a Saturday, Sunday, public holiday, or non-working day, it is extended until the next working day.
Any return must first be reported to VITALE RADIATEURS' Customer Service Department:
– preferably by telephone at 04 68 95 14 74, Monday to Friday, from 8:00 a.m. to 5:00 p.m.;
– by connecting to our website and using the "track your order" section, where, after entering your customer number, you can obtain your order number.
The product must be returned to:
VITALE RADIATEURS
17 Rue Ludovic Julien, ZAC de la Chartreuse
81100 CASTRES
Any product that has been damaged, or whose original packaging has been damaged, will neither be refunded nor exchanged.
This right of withdrawal may be exercised without penalty, with the exception of return shipping costs.
If the right of withdrawal is exercised, the consumer may choose either to request a refund of the amounts paid or an exchange of the product. In the event of an exchange, reshipment costs shall be borne by the consumer.
If the right of withdrawal is exercised, VITALE RADIATEURS will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, particularly where the product requires technical inspection (see products requiring prior testing).
The consumer will then be refunded by re-crediting their bank account (secure transaction) where payment was made by bank card, or by cheque in other cases.
Article 17: Rights of Use
The right to use software belonging to VITALE RADIATEURS, as well as software distributed by it, is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the French Intellectual Property Code.
However, pursuant to Article L122-6-1 of this Code, the consumer has a right of reproduction solely for the purpose of creating a backup copy when this is necessary to preserve the use of the software.
In all cases, the author of the software retains ownership rights over their work, which the consumer undertakes to respect.
Article 18: Force Majeure
Neither party shall be deemed to have failed to fulfill its contractual obligations insofar as their performance is delayed, hindered, or prevented by an unforeseen event or force majeure.
An unforeseen event or force majeure shall include any irresistible, external, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which could not be prevented by them despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other party within ten working days of the date on which it became aware of them.
The two parties shall then meet, within one month, unless prevented by the force majeure event, to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
If the force majeure event lasts for more than three months, these General Terms and Conditions may be terminated by the affected party.
The following shall expressly be considered cases of force majeure or unforeseen events, in addition to those normally recognized by the case law of French courts and tribunals: disruption of transportation or supply systems, earthquakes, fires, storms, floods, lightning; interruption of telecommunications networks or difficulties specific to telecommunications networks that are external to the customers.
Article 19: Partial Invalidity
If one or more provisions of these General Terms and Conditions are deemed invalid or declared invalid pursuant to a law, regulation, or final decision of a competent court, the other provisions shall retain their full force and effect.
Article 20: No Waiver
The fact that either party does not invoke a breach by the other party of any of the obligations set out in these General Terms and Conditions shall not be interpreted in the future as a waiver of the obligation concerned.
Article 21: Applicable Law
These General Terms and Conditions are governed by French law. This applies both to substantive and procedural rules.
In the event of a dispute or claim, the consumer shall first contact VITALE RADIATEURS in order to seek an amicable solution.
As a second step, and in the event of further action, the consumer may submit a complaint to [information not provided in the original document], via its dedicated dialogue box.
Article 22: Data Protection and Privacy
The information requested from the consumer is necessary for processing their order and may be communicated to VITALE RADIATEURS' contractual partners involved in fulfilling that order.
The consumer may write to VITALE RADIATEURS, whose contact details are provided in the privacy policy available on the website, in order to object to such communication or to exercise their rights of access and rectification concerning information relating to them and contained in VITALE RADIATEURS' files, under the conditions provided for by the French Data Protection Act of 6 January 1978.