Terms of Sales

GENERAL CONDITIONS OF SALE AND USE OF THE SITE

PREAMBLE

The VIKING AVENUE website is an electronic e-commerce site accessible via the Internet at the address www.viking-avenue.com , (hereinafter referred to as the “Site”).

ARTICLE 1: OBJECT

The Site makes it possible to offer the sale of new products (hereinafter referred to as the “Products”) by the seller “VIKING AVENUE” 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 indicate their first and last name, an email address and choose a password.

At the end 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 is accessible by the Customer by entering their identifier and confidential code. The Customer registered on the Site undertakes not to communicate them.

ARTICLE 3 - CONCLUSION OF THE SALES CONTRACT

3.1 Prerequisites for subscribing to an order on the Site

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

Customers must be natural persons. Legal entities or natural persons who enter into contracts for professional or commercial interest are excluded.

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

Unless VIKING AVENUE fails to fulfill one of its obligations, VIKING AVENUE is not responsible for the Customer's inability to connect to the Internet, to the Site, or to access the user account that VIKING AVENUE has created for them or even for all damages caused by this incapacity.

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

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

request additional supporting documents to verify the veracity of the information provided by the Customer or;
close the Customer'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 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) He then sees the details of his order. He may modify his order if necessary, correcting any errors, before confirming it to express his acceptance by validating his basket again.

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 “Continue to payment method” button.

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

The Customer reads and accepts these General Terms and Conditions by checking the 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 contract.

Product offers are valid as long as they are visible on the Site, while stocks last.

In the particular 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 registers their order.

8) Once the order has been confirmed by the Customer, a first email is sent to him relating to the registration of his order and informs him that the processing of his order is in progress provided that the Product purchased is available.

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

ARTICLE 4 - PRICES AND PAYMENT TERMS

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

As a reminder, the fact for the Customer to validate their order implies their obligation to pay the price indicated.

VIKING AVENUE reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration of the orders 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 payment authorization is refused by the banking organization, the order will be simply canceled. Credit card numbers are under no circumstances communicated by the banking establishment which is the sole holder.

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

Data relating to bank cards are deleted once the transaction has been completed, that is to say upon effective payment, which may be deferred upon receipt of the Product, increased, where applicable, by the withdrawal period provided for the 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 under the suspensive condition of the availability of the Product.

Product offers are offered while stocks last.

In the event of unavailability of the Product after placing the order, VIKING AVENUE 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 means of payment as the one 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 order process. The delivery times indicated are average times and correspond to 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

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

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

Delivery times and methods are indicated at the time of validation of your order.

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

6.3 Delivery costs

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

6.4 Delivery difficulties

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

VIKING AVENUE undertakes to reimburse the Customer or exchange Products that do not correspond to their order (defective or non-compliant). The Customer must make in writing (email or registered mail with acknowledgment of receipt) on the day of delivery or at the latest within eight working days following delivery any request concerning items not corresponding to their order (delivery error, no conformity of Products…). Complaints should be sent to VIKING AVENUE. The Customer must indicate his contact details, his order number, the Product references appearing on the order form and the reasons for his request.

VIKING AVENUE 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 (following 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 linked to means of payment as effectively as possible.

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

The Customer undertakes to keep confidential his identifiers and access codes which are strictly personal and non-transferable. Entering the access code associated with the Customer's user name, or using the authentication service provided by a third-party service on the Site constitutes the act serving as proof of the Customer's identity on the occasion of his use of the Site.

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

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

To protect Customers against possible intrusion, VIKING AVENUE does not store bank card numbers on their 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 VIKING AVENUE, its right of withdrawal, without having to justify reasons or pay a penalty. If the deadline 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 authentic

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

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased are 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 their re-marketing.

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

In accordance with current regulations (article L221-28 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;
Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Products offered in clearance;

The Customer exercises his right of withdrawal directly from VIKING AVENUE 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 can also assert his right of withdrawal by indicating, by email to the address contact@viking-avenue.com , the subject of his request, his first and last name, his order number, his address and the date of his request. command, expressing his desire to retract without any ambiguity.

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

VIKING AVENUE will reimburse the amounts paid, excluding delivery costs; no later than 14 days from the date on which the right was exercised; using the same payment method as that used for the order. This reimbursement 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 Consumer Code). 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 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 in conformity resulting from the packaging, assembly instructions or installation when this has been 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 similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations 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 between 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 Guarantee 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 to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »

9.3 Exclusion of guarantees

Excluded from the warranty are products on clearance, modified, repaired, integrated or added by the Customer. The warranty does not cover apparent defects. The warranty will not cover products damaged during transport or due to misuse.

9.4 Modalities for implementing legal guarantees

For any request concerning legal guarantees, the Customer must then contact VIKING AVENUE by email or by registered mail with acknowledgment of receipt.

9.5 Consequence of the implementation of guarantees

As part of the legal guarantee of conformity, VIKING AVENUE 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 towards 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 VIKING AVENUE

VIKING AVENUE may modify these Conditions.

VIKING AVENUE will inform the Customer through its Site of the implementation of the modified Conditions.

ARTICLE 11 - CONSERVATION OF THE CONTRACT

VIKING AVENUE 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 by intellectual property. It is the property of VIKING AVENUE.

As such and in accordance with the provisions of the Intellectual Property Code, only the use of the Site is authorized for private use subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under Intellectual Property, unless prior authorization is received from VIKING AVENUE.

ARTICLE 13 - LIABILITY

The Customer is solely responsible for the use of the Site in accordance with its use, with these Conditions, and of which the Customer acknowledges at the time of validation of the order having received communication thereof. 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, for a fee or free of charge, without the express, prior and written agreement of VIKING AVENUE.

Occasionally VIKING AVENUE may modify its contact address, interrupt the Site for operational reasons, maintenance or in the event of an emergency.

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

VIKING AVENUE will not be responsible for unavailability of the Service caused by a failure of telecommunications operators.

VIKING AVENUE will not be liable for any indirect damage possibly suffered by the Customer, in particular: operating or information losses. The Customer undertakes to keep a backup copy of all information incorporated into his user account.

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

In the event of non-compliance by the Customer with these Conditions, VIKING AVENUE reserves the right to refuse its services offered on the Site.

VIKING AVENUE will not be held responsible, regardless of any fault on its part, for the failure to receive emails sent by VIKING AVENUE to Customers which could result in particular from a failure of the Internet connection, a failure of the messaging system that the Customer uses for its e-mails, an incorrect e-mail address provided by the Customer to VIKING AVENUE, a failure of the Customer to check its e-mails or to inform VIKING AVENUE of a change in its e-mail address, a defect delivery of 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 must refer to the description of each Product to find out its precise characteristics.

The Customer must back up the data. VIKING AVENUE cannot be held responsible for any loss of data, files or damage defined in the previous paragraph. The total or partial impossibility of using the Products due to material incompatibility cannot give rise to any compensation or reimbursement or call into question the liability of VIKING AVENUE.

Hypertext links may refer to sites other than the Site and VIKING AVENUE 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

VIKING AVENUE, as data controller, processes the Customer's personal data for the purposes of managing their order and their commercial relations. These personal data may be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment.

The conditions under which VIKING AVENUE collects and processes Customers' personal data are presented in the “Personal Data Policy” document on the Site.

In accordance with the Data Protection Act of January 6, 1978 and EU Regulation No. 2016/679, the Customer has the right to access, rectify or delete personal data concerning him or her as well as to a right to portability of one's data, a right to limitation of processing, a right to object to processing and a right to define directives relating to the fate of one's personal data after one's death .

The customer can exercise these rights by writing to <contact@viking-avenue.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 “Cookie Management Policy” document available on the Site.

ARTICLE 15 - GENERAL PROVISIONS

The Customer will connect to the Site using its telecommunications terminal equipment that complies with current regulations. VIKING AVENUE does not provide the Customer with any material means, telephone installation, terminal or other equipment, or software.

The Contract may not be assigned by the Customer, in whole or in part, without the express prior written consent of VIKING AVENUE. VIKING AVENUE may assign all or part of the Contract subject to informing the Client and on the condition that the assignee is committed to the same terms with respect to the Client. Furthermore, VIKING AVENUE may use any subcontractor of its choice for the execution of all or part of these conditions.

The fact that VIKING AVENUE does not avail itself at a given time of any of the provisions of these Conditions cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said provisions.

The Parties will not be responsible 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, VIKING AVENUE Customer Service is available to the Customer via the address contact@viking-avenue.com.

ARTICLE 17 - APPLICABLE LAW

This contract is subject to French law.

All disputes to which the interpretation or execution of the obligations arising directly or indirectly herefrom may give rise are under the exclusive jurisdiction of the French Courts.