Terms of Sales

GENERAL CONDITIONS OF SALE AND USE OF THE SITE

PREAMBLE

The TERRES DE VIKINGS website is an electronic e-commerce site accessible via the Internet at the address www.terresdeviking.com , (hereinafter referred to as the “Site”).

ARTICLE 1 - PURPOSE

The Site allows the sale of new products (hereinafter referred to as the “Products”) by the seller “TERRES DE VIKINGS” to any customer (hereinafter referred to as the “Customer”).

This document establishes the general conditions of use of the Site, as well as the general conditions of purchase of products through the latter (hereinafter the “Conditions”).

These Conditions apply not only to users of the Site who simply browse the Site but also to Customers who have placed an order on the Site.

ARTICLE 2 - REGISTRATION ON THE SITE

Registration on the Site is free. It is not a necessary prerequisite for placing an order on the Site.

To validate their registration, the Customer must provide their first and last name, an email address and choose a password.

Upon completion of the registration formalities, an account is opened in the name of the registered Customer, who will have previously chosen a username and password. This account can be accessed by the Customer by entering their username and confidential code. The Customer registered on the Site undertakes not to disclose them.

ARTICLE 3 - CONCLUSION OF THE SALES CONTRACT

3.1 Prerequisites for placing an order on the Site

To place an order on the Site, the Customer must be 18 years of age or older.

Customers must be natural persons. Legal entities or natural persons entering into contracts for professional or commercial purposes are excluded.

The Customer must have Internet access and an email address to place an order on the Site.

Unless TERRES DE VIKINGS fails to meet one of its obligations, TERRES DE VIKINGS is not responsible for the Client's inability to connect to the Internet, to the Site, or to access the user account that TERRES DE VIKINGS has created for him, nor for any damage caused by this inability.

The Customer must be the holder of the bank card whose details are provided when ordering.

If TERRES DE VIKINGS becomes aware that a Customer does not meet one of the eligibility conditions mentioned in this article, TERRES DE VIKINGS reserves the right, at its choice and sole discretion, to:

request additional supporting documents to verify the accuracy of the information provided by the Client or;
close the Client’s user account with immediate effect.

3.2. Registration and validation of an order

In order for a Customer to place an order on the Site, they must follow the following steps:

1) The Customer selects the Product(s) he/she wishes to purchase. The Products are presented on the Site with a description enabling the Customer to know their essential characteristics, their price and the delivery time of the Product.

2) He confirms his choice of Product(s) by validating his basket.

3) The order details will then appear. If necessary, the order can be modified and any errors corrected before confirming the order and expressing acceptance by re-validating the basket.

4) The Customer must click on the “Payment” button. The Customer must complete their delivery address.

5) The Customer must then click on the “Continue to shipping method” button.

6) The Customer sees the delivery method planned for this order and must click on the button “Continue to payment method”.

7) The Customer must choose their payment method and complete their bank details.

The Customer acknowledges and accepts these General Terms and Conditions by ticking a box and proceeds to payment.

When the Customer clicks on the “Place my order” button, he declares that he accepts all of these Conditions, fully and without reservation.

The Customer acknowledges that his acceptance of the offer is made in consideration of the description of the Product subject to sale and that it constitutes a firm and irrevocable commitment to enter into a contract.

Product offers are valid as long as they are visible on the Site, within the limits of available stocks.

In the specific case where the same Product is ordered by several Customers at the same time, and depending on the availability of this Product, it will only be sold to the first Customer who places their order.

8) Once the order has been confirmed by the Customer, a first email is sent to them regarding the registration of their order and informs them that their order is being processed, provided that the Product purchased is available.

9) Within 48 hours of this first email, the Customer receives a second email in the event of an unavailable Product, cancellation of their order and the possibility of obtaining either an exchange for another Product sold on the Site for an identical amount, or obtaining a refund of the amount of their order.

ARTICLE 4 - PRICE AND PAYMENT TERMS

The purchase price of the Product is stated in euros including tax and excluding delivery costs on the description sheet, the latter being added before the final validation of the order.

As a reminder, the fact that the Customer validates his order implies the obligation on his part to pay the price indicated.

TERRES DE VIKINGS reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the rates in effect at the time the orders are recorded, subject to availability on that date.

Payment for online purchases is made by PAYPAL and credit card (Visa, Mastercard, other credit cards). In the event that the payment authorization is refused by the banking institution, the order will be purely and simply canceled. Credit card numbers are under no circumstances communicated by the banking institution, which is the sole holder of them.

Any amount paid by the Customer prior to delivery of the Product and not representing the entire purchase price constitutes a deposit on the sale price definitively due by the Customer.

Bank card data is deleted once the transaction has been completed, i.e. upon actual payment, which may be deferred until receipt of the Product, increased, where applicable, by the withdrawal period provided for contracts concluded remotely and off-premises, in accordance with Article L. 221-18 of the Consumer Code.

No banking information is saved in the databases.

ARTICLE 5 - AVAILABILITY

The purchase is made subject to the suspensive condition of the availability of the Product.

Product offers are available while stocks last.

In the event of unavailability of the Product after placing the order, TERRES DE VIKINGS will inform the Customer by email as soon as possible and at the latest within 48 hours of the order.

If the Product ordered is no longer available, the Customer will have the option of obtaining either an exchange for another Product of an identical amount sold on the Site, or a refund of the amount of their order via the same payment method as that used when placing the order.

ARTICLE 6 - DELIVERY

6.1 General

The Products are delivered to the delivery address indicated by the Customer during the ordering process. The delivery times indicated are average times and correspond to the package processing and transport times. The delivery time will only begin to run from the date of full payment of the order.

6.2 Delivery time and method

Products ordered in accordance with these Conditions will be delivered to the delivery address indicated by the Customer when placing their order.

The Customer can be delivered to France, the European Union and North America.

Delivery times and methods are indicated when you confirm your order.

In the event of an exceptional stock shortage of one or more Products in an order, the Customer will be notified of this stock shortage as soon as possible by email to the address provided when registering.

6.3 Delivery costs

Delivery costs are automatically calculated on the Site and the Customer is informed of their amount before confirming their order.

6.4 Delivery difficulties

The Customer must check the conformity of the delivered goods at the time of delivery before signing the delivery slip and indicate on the delivery slip in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (anomaly, damaged product, etc.).

TERRES DE VIKINGS undertakes to reimburse the Customer or exchange any Products that do not correspond to their order (defective or non-compliant). The Customer must make any request in writing (email or registered letter with acknowledgment of receipt) on the day of delivery or at the latest within eight working days following delivery regarding any items that do not correspond to their order (delivery error, non-compliance of the Products, etc.). Complaints should be addressed to TERRES DE VIKINGS. The Customer must provide their contact details, order number, the Product references appearing on the order form and the reasons for their request.

TERRES DE VIKINGS will exchange or refund the Product(s).

In all cases, the return of Products can only be accepted for complete Products, in their original condition (packaging, accessories, instructions, etc.) accompanied by the order form.
A Product (due to a size error on the part of the customer) can only be exchanged once.

ARTICLE 7 - SECURITY

The Site is subject to a security system. An SSL encryption process has been adopted, reinforced by scrambling and encryption processes to protect all sensitive data related to payment methods as effectively as possible.

In the case of payment by bank card, the card number and its expiry date may be kept for the purpose of proof in the event of a possible dispute over the transaction, in intermediate archives, for a period of thirteen (13) months following the debit date.

The Customer undertakes to keep confidential their identifiers and access codes, which are strictly personal and non-transferable. Entering the access code associated with the Customer's username, or using the authentication service provided by a third-party service on the Site, constitutes proof of the Customer's identity when using the Site.

The Customer is solely responsible for any transaction(s) concluded, even without his knowledge, by a person using his username and confidential code, and he alone will bear the consequences.

The Customer undertakes to disclose any use by a third party of his/her username and/or confidential code as soon as he/she becomes aware of it. The Customer undertakes not to create or use accounts other than the account he/she initially created.

To protect Customers against possible intrusion, TERRES DE VIKINGS does not store credit card numbers on its computer servers.

ARTICLE 8 - RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, in the context of a purchase made online on the Site, the Customer has a period of fourteen (14) days from receipt of the Product(s) ordered to exercise, with TERRES DE VIKINGS, his right of withdrawal, without having to justify reasons or pay a penalty. If the period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the first following working day. The La Poste tracking number is proof

In the event of an order containing several Products, this 14-day period starts from receipt of the last Product.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased will be refunded. Delivery costs and return costs remain the responsibility of the Customer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used during shipping, allowing them to be resold.

Returns must also be accompanied by proof of purchase and a copy of the invoice or delivery note for optimized management.

In accordance with current regulations (article L221-28 of the Consumer Code), the right of withdrawal cannot be exercised for:

audio, video or computer software recordings unsealed after delivery,
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Products offered for clearance;

The Customer exercises his right of withdrawal directly with TERRES DE VIKINGS using the standard withdrawal form accessible on the one hand, on the Site and on the other hand, as an attachment in the order confirmation email.

He may also exercise his right of withdrawal by indicating, by email to the address contact@terresdevikings.com, the subject of his request, his first and last name, his order number, his address and the date of his order, expressing his wish to withdraw without any ambiguity.

Once the withdrawal form or declaration has been sent to TERRES DE VIKINGS, the Customer must return the Product(s) to TERRES DE VIKINGS within a reasonable time and, at the latest, within 14 days of the Customer's decision to withdraw.

TERRES DE VIKINGS will refund the amounts paid, excluding delivery costs; at the latest within 14 days from the date on which the right was exercised; using the same means of payment as that used for the order. This refund date may be deferred until recovery of the Product.

ARTICLE 9 - GUARANTEES

All Products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.

9.1 Legal guarantee of conformity

Article L217-4 of the 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 made his responsibility by the contract or has been carried out under his responsibility .

Article L217-5 of the Consumer Code: “ The good 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, by the producer or by his representative, in particular in advertising or labeling;

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.. »

9.2 Warranty against hidden defects

Article 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 reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

9.3 Exclusion of warranties

Products that are discontinued, modified, repaired, integrated, or added by the Customer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover products damaged during transport or due to misuse.

9.4 Terms of implementation of legal guarantees

For any request concerning legal guarantees, the Client must then contact TERRES DE VIKINGS by email or by registered letter with acknowledgment of receipt.

9.5 Consequence of the implementation of guarantees

As part of the legal guarantee of conformity, TERRES DE VIKINGS undertakes, according to the Customer's choice:

- either to replace the Product with an identical product depending on available stocks,

- or to give a credit to be used on the next purchase if the customer decides to return the product.

- either to reimburse the price of the Product if the Customer decides to return the Product,

ARTICLE 10 - MODIFICATION OF THE CONTRACT BY TERRES DE VIKINGS

TERRES DE VIKINGS may be required to modify these Conditions.

TERRES DE VIKINGS will inform the Customer via its Site of the implementation of the modified Conditions.

ARTICLE 11 - PRESERVATION OF THE CONTRACT

TERRES DE VIKINGS ensures the conservation, for a period of 10 years, of the contractual terms which bind it to the Client.

ARTICLE 12 - INTELLECTUAL PROPERTY

The Site and all of its content (photos, texts, still or animated graphic elements, sound, databases, software, etc.) are protected by copyright and, more generally, intellectual property law. It is the property of TERRES DE VIKINGS.

As such and in accordance with the provisions of the Intellectual Property Code, only use of the Site for private purposes is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes infringement and is punishable under Intellectual Property law, unless prior authorization is obtained from TERRES DE VIKINGS.

ARTICLE 13 - LIABILITY

The Customer is solely responsible for using the Site in accordance with its intended use and these Terms, and the Customer acknowledges having received notification of this at the time of order validation. The Customer is responsible for the safekeeping of his equipment and will ensure that no other person has access to his account.

The Customer may not give access to his account to any third party, whether for payment or free of charge, except with the express, prior and written consent of TERRES DE VIKINGS.

Occasionally TERRES DE VIKINGS may modify its contact address, interrupt the Site for operational reasons, maintenance or in case of emergency.

TERRES DE VIKINGS will make its best efforts to notify the Customer by all means, in particular through information pages on the Site, as soon as it becomes aware of the dates of scheduled interventions, and to reduce the period of unavailability during the day as short as possible (procedures generally carried out at night), but does not guarantee the continuity, permanence or quality of access to the Site.

TERRES DE VIKINGS will not be responsible for any unavailability of the Service caused by a failure of telecommunications operators.

TERRES DE VIKINGS shall not be liable for any indirect damages suffered by the Customer, including loss of business or information. The Customer undertakes to keep a backup copy of all information included in their user account.

The Customer is responsible for the use of his user account.

In the event of non-compliance by the Client with these Conditions, TERRES DE VIKINGS reserves the right to refuse its services offered on the Site.

TERRES DE VIKINGS shall not be held liable, regardless of any fault on its part, for failure to receive emails sent by TERRES DE VIKINGS to Customers, which may result in particular from a failure of the Internet connection, a failure of the email system that the Customer uses for their emails, an incorrect email address provided by the Customer to TERRES DE VIKINGS, a failure by the Customer to check their emails or to inform TERRES DE VIKINGS of a change in their email address, or a failure to deliver the email by the email provider.

The Products offered comply with current French legislation and the standards applicable in France. The photos appearing on the Site are provided for illustrative purposes. The Customer should refer to the description of each Product for its precise characteristics.

The Customer must back up the data. TERRES DE VIKINGS cannot be held responsible for any loss of data, files or damages defined in the previous paragraph. The total or partial impossibility of using the Products due to hardware incompatibility cannot give rise to any compensation or reimbursement or questioning of the liability of TERRES DE VIKINGS.

Hypertext links may lead to sites other than the Site and TERRES DE VIKINGS is released from all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

14 – PERSONAL DATA

TERRES DE VIKINGS, as data controller, processes the Customer's personal data for the purpose of managing their order and their business relationships. This personal data may be shared with companies that contribute to these relationships, such as those responsible for fulfilling services and orders for their management, execution, processing, and payment.

The conditions under which TERRES DE VIKINGS collects and processes the personal data of Customers are presented in the “Personal Data Policy” document on the Site.

In accordance with the Data Protection Act of 6 January 1978 and EU Regulation No. 2016/679, the Client has the right to access, rectify or erase personal data concerning him/her, as well as the right to the portability of his/her data, the right to limit processing, the right to object to processing and the right to define guidelines relating to the fate of his/her personal data after his/her death.

The customer can exercise these rights by writing to <contact@terresdevikings.com>.

The Customer has the right to lodge any complaint with a supervisory authority: www.cnil.fr

The management of Cookies on the Site is specified in the document “Cookie Management Policy” available on the Site.

ARTICLE 15 - GENERAL PROVISIONS

The Customer will connect to the Site using its telecommunications terminal equipment that complies with the regulations in force. TERRES DE VIKINGS does not provide the Customer with any hardware, telephone installation, terminal equipment or other means, or software.

The Contract may not be assigned by the Client, in whole or in part, without the express prior written consent of TERRES DE VIKINGS. TERRES DE VIKINGS may assign all or part of the Contract subject to informing the Client and on the condition that the assignee is bound by the same terms with respect to the Client. Furthermore, TERRES DE VIKINGS may use any subcontractor of its choice for the execution of all or part of this contract.

The fact that TERRES DE VIKINGS does not assert any of the provisions of these Conditions at any given time cannot be interpreted as a waiver of the right to assert any of the said provisions at a later date.

The Parties shall not be liable for the non-performance of their obligations in the event of the occurrence of a case of force majeure, as defined by the consistent case law of the French Courts.

ARTICLE 16 - CUSTOMER SERVICE

For any information or questions, TERRES DE VIKINGS Customer Service is available to the Customer via the address contact@terresdevikings.com.

ARTICLE 17 - APPLICABLE LAW

This contract is subject to Spanish law.

All disputes that may arise from the interpretation or execution of the obligations arising directly or indirectly from this document shall be under the exclusive jurisdiction of the Spanish Courts.