Terms of sale

Article 1 – Company information

These general terms and conditions of sale apply to any purchase made by a natural person acting as a consumer on the website vaitry.com from VITRY FRERES (“Vitry”), a French public limited company (société anonyme) with a board of directors and a share capital of €197,950.00, whose registered office is located at 32-34 avenue Kléber - 75116 Paris – France, registered with the Paris Trade and Companies Register under number 612 038 919, e-mail address: bonjour@vitry.com.

These general terms and conditions of sale govern the sale and delivery of cosmetic products and beauty accessories (“the Products”) to consumers (“the Customer”) via the website vaitry.com (“the Site”).
They can be accessed and printed at any time via a hyperlink available on the Site’s home page.

IMPORTANT
Any order placed on the Site necessarily implies the Customer’s unreserved acceptance of these general terms and conditions of sale.

Article 2 – Purpose

These general terms and conditions of sale govern the sale of Products by Vitry via the Site.

The Customer is clearly informed and acknowledges that the Site is intended for consumers and that these General Terms and Conditions of Sale govern only the sale of Products on the Site to consumers.

Article 3 – Acceptance of the general terms and conditions

The Customer undertakes to read these general terms and conditions of sale carefully and to accept them expressly before paying for an order (“Order”) of Products placed on the Site.

These general terms and conditions of sale are referenced at the bottom of every page of the Site by means of a link accessible at vaitry.com and must be consulted before placing an order. The Customer is invited to read carefully, download and print the general terms and conditions of sale and to keep a copy.

Vitry advises the Customer to read the general terms and conditions of sale with each new order, as the latest version of said general terms and conditions of sale applies to any new order of Products.

By clicking on the “Add to cart” button to place the order and then on the “Pay now” button to confirm said order, the Customer acknowledges having read, understood and accepted the general terms and conditions of sale without limitation or condition.

Article 4 – Ordering products on the Site – Registration and login to an Account

In order to purchase a Product, register and log in to an account (“Account”), the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer.

The Customer may purchase a Product on the Site with or without registering and logging in to an Account.

Registration procedure
Any Customer may register on their first visit to the Site in order to create an Account. Registration on the Site is free of charge.

To open an Account, the Customer must:
- Choose a username
- Provide their surname, first name, postal address and e-mail address

Any incomplete registration will not be validated, which the Customer acknowledges and accepts.
The information the Customer provides to Vitry upon registration must be complete, accurate, up to date, truthful and in no way misleading.

Vitry reserves the right to ask the Customer to confirm, by any appropriate means, their identity, their eligibility and the information provided.
Customers are informed and accept that the information entered for the purpose of creating or updating their Account constitutes proof of their identity.

The information entered by Customers is binding on them as soon as it is validated.
The Customer undertakes to update this information in their Account without delay in the event of any change, so that it always meets the above criteria.

Registration automatically opens an Account in the Customer’s name, from which they can track their Orders and return requests and update their personal information.
The e-mail address, the username provided upon registration and the password constitute the Customer’s login credentials (“Credentials”).
The Customer can log in to their Account using a one-time password sent by e-mail.

Customers can access their Account at any time after identifying themselves with their Credentials.

Vitry undertakes to securely store all contractual documents whose retention is required by applicable law or regulations.

Management of Credentials
The Customer is solely responsible for the use of their Credentials and for any actions carried out through their Account.

Should a Customer disclose their Credentials or use them in a manner contrary to their purpose, Vitry may terminate access to the Account without notice or compensation.
Under no circumstances may Vitry be held liable in the event of identity theft affecting a Customer.

Any access and action carried out from a Customer’s Account shall be presumed to have been carried out by that Customer, insofar as Vitry has no obligation and no technical means to verify the identity of persons accessing the Account.

Any loss, misappropriation or unauthorised use of a Customer’s Credentials and their consequences are the sole responsibility of the Customer, who must notify Vitry without delay by e-mail to the following address: bonjour@vitry.com

Unsubscribing
The Customer may close their Account at any time by sending an e-mail to: bonjour@vitry.com
Vitry will deactivate the Account as soon as possible and send the Customer an e-mail confirming its closure.

Article 5 – Orders

Product characteristics

The Products offered for sale are those shown on the Site on the day it is consulted, while stocks last.

Vitry reserves the right to change the range of Products offered at any time.

Vitry undertakes to present clearly, legibly and comprehensibly the essential characteristics of the Products and the mandatory information that the Customer must receive under French law, and to verify its accuracy.

These characteristics and information appear on the product pages of the Site.

These pages contain, in particular, the description, composition, size, directions for use and price of the Product.

The Customer undertakes to read this information carefully before placing an Order on the Site.

The Customer must also check their allergies before Ordering a Product on the Site.

The Customer must use the Products ordered before the expiry date indicated on the packaging and in accordance with the storage instructions shown on the Product packaging.

In addition, where legally required, Vitry will indicate:

— The environmental qualities and characteristics of any Product generating waste (incorporation of recycled materials, use of renewable resources, durability, compostability, recyclability);

— The sorting rules applicable to the Product.

All Products sold by Vitry on the Site comply with applicable European legislation and with the standards applicable in France.

The Customer must carefully read the various warnings appearing on the Product description pages, and in particular the directions for use, before placing any Order.

Product photographs and descriptions are provided for information purposes only and are not contractually binding on Vitry.

Ordering procedure

Orders for Products are placed directly on the Site.

To place an Order, the Customer must follow the steps described below (please note, however, that depending on the Customer’s starting page, the steps may differ slightly).

Selection of Products and purchase options

The Customer must select the Product(s) of their choice by clicking on the relevant Product(s) and choosing the desired quantities.

Once selected, the Product is placed in the Customer’s cart.

The Customer can then add as many Products to their cart as they wish.

Orders

Once the Products have been selected and placed in the cart, the Customer must click on the cart and check that the content of their Order is correct (including the quantity, characteristics and references of the Products ordered, the billing address, the payment method and the price) before validating its content and accepting these general terms and conditions of sale.

Once the Customer has validated the content of the cart, an automatically completed online form will be displayed summarising the price, applicable taxes and delivery costs (“Delivery”).

The Customer can then pay for the Products using the chosen payment method, following the instructions on the Site, and provide all the information required for invoicing and Delivery of the Products.

For Products for which options are available, the specific references appear when the correct options have been selected.

Orders placed must include all the information required for the Order to be processed correctly.

The Order is only considered effective once payment has been validated.

Invoicing

During the Order procedure, the Customer must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be completed for the Customer’s Order to be processed by Vitry).

The Customer must, in particular, clearly provide all information relating to Delivery, notably the exact Delivery address and any access code to the Delivery address.

The Customer must also specify the secure payment method chosen.

Neither the order form completed online by the Customer nor the Order acknowledgement that Vitry sends to the Customer by e-mail constitutes an invoice.

Acknowledgement of receipt

Once all the steps described above have been completed, a page appears on the Site acknowledging receipt of the Customer’s Order.

A copy of the Order acknowledgement is automatically sent to the Customer by e-mail, provided that the e-mail address given is correct.

The Order summary and the confirmation e-mail may be kept and printed by the Customer.

Order date

The Order date is the date on which Vitry acknowledges receipt of the Order online.

The time limits indicated on the Site only start to run from this date.

Prices

For Orders delivered in France and in the other European countries served, the Customer will find on the Site prices displayed in euros inclusive of all taxes.

For Orders delivered in Canada, prices are displayed in Canadian dollars (CAD) exclusive of taxes. Applicable sales taxes (GST, HST, QST or PST depending on the province of Delivery) are calculated and added to the Order amount at checkout, based on the province of Delivery.

Applicable Delivery costs (excluding packaging and gifts) depend on the Delivery address and on the carrier or mode of transport chosen. They are not included in the price of the Products and are charged in addition, as indicated before payment.

For Orders delivered in Europe, prices inclusive of all taxes include in particular Value Added Tax (VAT) at the rate in force on the Order date. Any change in the applicable rate may affect the price of the Products from the date on which the new rate comes into force. The applicable VAT rate is expressed as a percentage of the value of the Product sold.

The prices of Vitry’s suppliers are subject to change. Consequently, the prices shown on the Site may change. They may also be modified in the event of special offers or sales.

The prices shown are valid, barring obvious error. The applicable price is the one shown on the Site on the date the Order is placed by the Customer.

Product availability

Vitry undertakes to deliver the Product on the date or within the time limit indicated to the Customer, unless otherwise agreed by the parties.

The unavailability of a Product is indicated on the page of the Product concerned.

In any event, if unavailability was not indicated at the time of the Order, Vitry undertakes to inform the Customer without delay if the Product is unavailable.

If a Product is unavailable, Vitry may, if the parties so agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.

If the Customer decides to cancel their Order for unavailable Products, they will be refunded all sums paid for the unavailable Products no later than fourteen (14) days after the date on which the contract was terminated.

Article 6 – Right of withdrawal and returns

The terms of the right of withdrawal are set out on the “Right of withdrawal and return conditions” page available here.

Article 7 – Payment

Payment methods

Payment is due immediately upon Order.

The Customer may pay for their Products online on the Site using the methods offered by Vitry, namely by bank card (CB, Visa, Mastercard), via the PayPal, Apple Pay and Shop Pay payment services and other methods offered by Shopify. Payment is secured via the Shopify platform.

The Customer guarantees Vitry that they hold all the authorisations required to use the chosen payment method.

Vitry will take all necessary measures to guarantee the security and confidentiality of data transmitted online in connection with online payment on the Site.

In this respect, all payment information provided on the Site is transmitted to the Site’s bank and is not processed on the Site.

Payment date

In the case of a single payment by credit card, the Customer’s account will be debited as soon as the Order for Products is placed on the Site.

In the event of partial Delivery, the total amount will be debited from the Customer’s account at the earliest when the first parcel is shipped.

If the Customer decides to cancel their Order for unavailable Products, the refund will be made in accordance with the last paragraph of Article 5 of these general terms and conditions.

Payment refusal

If the bank refuses to debit a card or other payment method, the Customer must contact Vitry’s Customer Service in order to pay for the Order by any other valid payment method accepted by Vitry.

If, for any reason whatsoever (stop payment, refusal or otherwise), the transfer of the sums owed by the Customer proves impossible, the Order will be cancelled and the sale automatically terminated.

Gift card

Payment is also possible by gift card.

The gift card is valid for one (1) year from the date of purchase, exclusively in our online store at vitry.com.

Gift cards have no value after their expiry date and can no longer be used for purchases after that date.

The expiry date is indicated in the gift card e-mail.

Gift cards cannot be returned or exchanged for cash.

If the Products purchased are returned, the customer will receive a refund of the purchase price to the gift card used for the purchase.

Article 8 – Le Club Vitry

8.1 Presentation of the programme

Vitry offers a loyalty programme called “Le Club Vitry” allowing Customers holding an Account on vaitry.com to collect points on their purchases.

Membership of Le Club Vitry is free of charge. The programme is reserved for adult natural persons acting for non-professional purposes.

Points collected have no monetary value and cannot be refunded in cash.

Vitry reserves the right to modify, suspend or end the loyalty programme at any time, subject to informing Customers by any appropriate means.

8.2 General operation

General principle:

€1 spent = 1 loyalty point, except for specific conditions linked to the Customer’s tier.

Points are credited once the order has been definitively validated.

In the event of cancellation or full or partial refund of an order, the corresponding points will be debited from the Customer’s account.

8.3 Loyalty tiers

Le Club Vitry includes three tiers determined by the total cumulative amount of purchases made on the site.

Steel tier

Available as soon as the account is created.

Benefits:

· 1 point per euro spent

· 30 points offered after the first purchase

· 15% off for your birthday (if the date has been provided)

Gold tier

Available from €200 of cumulative purchases.

Benefits:

· 1.5 points per euro spent

· 50 points offered when reaching the tier

· 15% off for your birthday

Diamond tier

Available from €450 of cumulative purchases.

Benefits:

· 2 points per euro spent

· 100 points offered when reaching the tier

· 15% off for your birthday

· Referral bonus

· Free delivery in mainland France

Tier changes are automatic as soon as the corresponding threshold is reached.

8.4 Referral

As part of Le Club Vitry:

Give €10, get €10.

The Customer (the “Referrer”) may offer a €10 discount voucher to a new customer (the “Referee”), valid on a first order of €40 or more.

For each validated referral (first paid order of the Referee), the Referrer receives €10.
Conditions:

· The Referee must be a new customer

· Self-referral is prohibited

· If the Referee’s order is cancelled or refunded, the points may be cancelled

· Vitry reserves the right to cancel any fraudulent referral

8.5 Use of points

The terms of use of points (discounts, benefits, etc.) are set out on the site vaitry.com.

Points are personal, non-assignable and non-transferable.

Vitry may set a period of validity for points and specific conditions of use.

Article 9 – Proof and archiving

Any contract concluded with the Customer corresponding to an Order of more than 120 euros including taxes will be archived by Vitry for a period of ten (10) years in accordance with Article L.213-1 of the French Consumer Code.

Vitry agrees to archive this information in order to keep track of transactions and to provide a copy of the contract at the Customer’s request.

In the event of a dispute, Vitry may prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.

Article 10 – Transfer of ownership

Vitry remains the owner of the Products delivered until they have been paid for in full by the Customer.

The above provisions do not prevent the transfer to the Customer, at the moment when the Customer or a third party designated by them takes physical possession of the Product, of the risks of loss of or damage to the Products subject to the retention of title, as well as the risks of damage they may cause.

If the Product is handed over to a carrier other than the one offered by Vitry, the risk of loss of or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.

Article 11 – Delivery

Handling of the parcel and Delivery costs

Delivery costs are shown inclusive of all taxes for Orders delivered in Europe; for Orders delivered in Canada, applicable taxes are added at checkout.

Delivery area

The Products offered can be delivered to the following territories: mainland France and Monaco; Germany, Austria, Belgium, Denmark, Spain, Italy, Luxembourg, the Netherlands, Portugal and Sweden; Canada.

The countries open for delivery on the Order date are visible to the Customer at checkout, when entering the Delivery address. It is not possible to place an Order for any Delivery address located outside these territories.

Shipping and Delivery times

Delivery times are generally three (3) to four (4) business days after shipment in mainland France and Monaco, and five (5) to seven (7) business days for the other European countries served.

For Canada, the applicable delivery times are indicated to the Customer during the Order process. These times exclude weekends and public holidays. They are given for information purposes only and depend on the carrier.

Delivery costs

During the Order process, Vitry informs the Customer of the possible shipping times and options for the Products purchased. Delivery costs are calculated according to the Delivery method, the Delivery address and the Order amount, according to the following schedule:

– Mainland France and Monaco: delivery to a Colissimo pickup point €4.90 incl. taxes, free from €35 incl. taxes of purchases; home delivery €5.90 incl. taxes, free from €40 incl. taxes of purchases.
– Europe: home delivery €6.90 incl. taxes, free from €50 incl. taxes of purchases.
– Canada: standard delivery, costs displayed in Canadian dollars during the Order process (varying according to the province of Delivery), free from CA$40 of purchases.

The free delivery threshold is assessed on the cart amount after any discounts have been applied. The exact amount of the Delivery costs is shown to the Customer before their Order is confirmed.

Parcel tracking and receipt

The Customer receives an e-mail with tracking information as soon as the parcel has been picked up by the carrier.

The parcel is delivered to the address indicated when the Order was placed, or made available at a pickup point depending on the option chosen.

Delivery liability

The Products travel at the Customer’s risk from the moment they are handed over to the carrier.

The Customer must check the condition of the parcel upon receipt and report any anomaly (missing product, damaged parcel, etc.) to customer service within 48 hours of the date of receipt of the parcel.

Incorrect address or unclaimed parcel

If the address is incomplete or incorrect, or if the parcel is not collected within the time limit from the carrier or the pickup point, it may be returned to Vitry.

In this case, the Customer may request reshipment at their own expense or a refund of the Order, less the delivery costs.

Delivery problems

If the professional fails to fulfil its delivery obligation, the Customer may rely on Article L.216-6 of the French Consumer Code, which provides for the possibility:

— To give notice of the suspension of payment of all or part of the price until the professional performs, under the conditions of Articles 1219 and 1220 of the French Civil Code;

— To terminate the contract if, after having given the professional formal notice to make delivery within a reasonable additional period, the professional has not performed within that period.

The contract is considered terminated upon receipt by Vitry of the letter or written notice informing it of this termination, unless Vitry has performed in the meantime.

The Customer may terminate the contract immediately:

— When the professional refuses to deliver the Product or when it is clear that it will not deliver the goods;

— When the professional does not fulfil its obligation to deliver the Product on the date or at the end of the period provided for in Article L.216-1 of the French Consumer Code and this date or period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before the conclusion of the contract.

When the contract is terminated under the above conditions, Vitry refunds the Customer all sums paid no later than fourteen (14) days after the date on which the contract was terminated.

Article 12 – Right of withdrawal and returns

Principle of withdrawal

As a rule, the Customer has the right to withdraw by sending back or returning the Product to Vitry, without giving any reason, except for Products liable to deteriorate or expire rapidly in accordance with Article L.221-28 of the French Consumer Code.

The Customer must bear the direct costs of returning the goods.

To do so, the Product must be sent back or returned no later than fourteen (14) days after communicating the decision to withdraw, unless Vitry offers to collect the Product itself.

Withdrawal period

The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by the Customer, take physical possession of the goods.

If the Customer has ordered several Products in a single Order giving rise to several Deliveries (or in the case of an Order for a single Product delivered in several lots), the withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last item (or lot).

If the Product is delivered in several lots or parts, the withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last lot or part.

Notification of the right of withdrawal

To exercise the right of withdrawal, the Customer must notify their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail) to the following e-mail address: bonjour@vitry.com or to the following postal address: Vitry Frères, Parc d’Activité de la Forêt, 15 rue de la Communauté, 44140 Le Bignon, France

The Customer may also use the form below:

For the attention of VITRY FRERES

Parc d’Activité de la Forêt,

15 rue de la Communauté,

44140 Le Bignon, France

I hereby give notice of my withdrawal from the general terms and conditions of sale relating to the sale of the Product below:

Ordered on ................... / received on ...................

Name and references of the Product(s) ...................

Customer name: ..................

Customer address: ...................

Customer signature (only if this form is notified on paper)

Date: ...................

To meet the withdrawal deadline, the Customer must send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the Customer withdraws, Vitry undertakes to refund all sums paid, including Delivery costs, without undue delay and no later than fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw (Article L.221-24 of the French Consumer Code).

Returned Products are refunded within seven (7) business days of their receipt and inspection.

Vitry will make the refund using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to another means of payment and provided that the refund does not incur any costs for the Customer.

Return procedure

In any event, the Customer must, no later than fourteen (14) days after communicating their decision to withdraw from these general terms and conditions of sale, send the goods back to:

Vitry
Service Retours
15 Rue de la Communauté
44140 Le Bignon
France

This deadline is deemed to be met if the Customer sends the goods back before the fourteen (14) day period has expired.

Return costs

The Customer must bear the direct costs of returning the goods.

Condition of the returned goods

The Product must be returned in accordance with Vitry’s instructions and must include all accessories delivered.

The Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer may test the Product, but may be held liable if they handle it beyond what is necessary.

Article 13 – Packaging

The Products will be packaged in accordance with applicable transport standards in order to guarantee maximum protection of the Products during Delivery.
Customers undertake to comply with the same standards when returning Products under the conditions set out in Article 12 of these general terms and conditions.

Article 14 – Warranties

In addition to any commercial warranties that Vitry may offer for certain Products, every Customer benefits from “legal” warranties for all Products, detailed below, in accordance with Article L.221-4 of the French Consumer Code:

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but Vitry imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:

1. The professional refuses to repair or replace the goods;

2. The repair or replacement of the goods takes place after a period of thirty days;

3. The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;

4. The lack of conformity of the goods persists despite Vitry’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In this case, the consumer is not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.

The rights mentioned above result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund against return of the goods.

14.2. Commercial warranty known as the VITRY beauty accessories “Lifetime Warranty”

Nature and definition of the Lifetime Warranty:

Beauty accessories manufactured in France by Vitry benefit from a commercial warranty (“the Lifetime Warranty”), which is in addition to the legal guarantee of conformity referred to in the previous article of these general terms and conditions of sale.
Under the Lifetime Warranty, Vitry repairs or replaces the product purchased by the Customer under the conditions detailed below.

Scope – Duration – Territory:

The Lifetime Warranty applies in the event of any defect, degradation, deterioration, breakage, rupture, destruction or any other problem affecting the beauty accessories that would make them unusable or unfit for their purpose.

The Lifetime Warranty applies without any time limit from the date of acquisition of the relevant “Vitry” brand beauty accessory and applies to the following countries and territories: Europe, Canada, United States of America, Brazil.

The Lifetime Warranty is strictly limited to the following “Vitry” brand beauty accessories and categories of beauty accessories:

- Scissors
- Moustache scissors
- Hairdressing scissors
- Nose hair scissors
- Corn cutters
- Cuticle cutters
- Nail clippers
- Stainless steel nail files
- Tweezers
- Nail nippers
- Cuticle nippers
- Foot rasps
- Comedone extractors & ear cleaners

The Lifetime Warranty applies only to beauty accessories manufactured by or for Vitry that can be identified by the “Vitry” brand, trade name or logo affixed to them.

Conditions for claiming under the Lifetime Warranty:

Before any request for repair or replacement of the product covered by the Lifetime Warranty, the Customer must contact Vitry’s Customer Service at the following e-mail address: bonjour@vitry.com, and describe precisely the defect or problem encountered.

Vitry’s Customer Service may, where applicable and before actually taking charge of the product, ask the Customer to send photographs of the product covered by the Lifetime Warranty in order to assess the situation.

To benefit from the Lifetime Warranty, the Customer must then send the product concerned at their own expense by post, together with the duly completed and signed claim form [document here], to the postal address indicated by Vitry in said form.

After receipt and inspection of the product in question, VITRY reserves the right, as appropriate:

• to sharpen the product;
• to repair the product;
• to replace the product, if the two previous actions are materially or technically impossible.

The sharpened, repaired or replaced product will then be returned to the Customer at VITRY’s expense, to the postal address provided by the Customer in the above-mentioned claim form.

Warranty exclusions:

The Lifetime Warranty does not apply:

- to Customers who are not habitually resident in the countries and territories referred to in paragraph 2 of the “Scope – Duration – Territory” section of this article 14.2 of the general terms and conditions;

- to products not included in the list in paragraph 3 of the “Scope – Duration – Territory” section of this article 14.2 of the general terms and conditions, even if such products excluded from the Lifetime Warranty are packaged or sold with the product(s) covered by said Lifetime Warranty;

- to products not manufactured by or for Vitry;

- to Vitry products that cannot be identified by the “Vitry” brand, trade name or logo affixed to them;

- in the event of damage to the product resulting from an accident, impact, fall, intentional deterioration/degradation/destruction of the product, abusive or abnormal use of the product, misuse of the product, use of the product not in accordance with Vitry’s instructions, or abnormal wear of the product.

Article 15 – Liability

Vitry cannot under any circumstances be held liable for non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering their Order.

Vitry cannot be held liable, or be considered to have breached these terms, for any delay in or non-performance of any of its obligations described in these general terms and conditions of sale, where the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts.

Furthermore, Vitry does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published on them. Links to third-party websites are provided for information only and no guarantee is given as to their content.

Article 16 – Force majeure

Vitry cannot be held liable if the non-performance of or delay in performing any of its obligations described in these general terms and conditions of sale results from a case of force majeure.

Force majeure exists in contractual matters when an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.

Should any of the above events occur, Vitry will endeavour to inform the Customer as soon as possible.

Article 17 – Personal data

The collection and processing of the Customer’s personal data are set out on the “Privacy Policy” page available via the following link on the Site: Privacy Policy – Vitry

Article 18 – Complaints – Customer service

Any written complaint from the Customer must be sent by post to the following address: Vitry Frères, Parc d’Activité de la Forêt, 15 rue de la Communauté, 44140 Le Bignon, France or by e-mail to the following address: bonjour@vitry.com

Article 19 – Intellectual property

All visual and audio elements of the Site (texts, images, videos, logos, trademarks, visuals, icons, files, etc.), including the underlying technology used, are protected by copyright, trademark law and/or patents.

These elements are the exclusive property of Vitry or Vitry holds a licence allowing their commercial use.

Anyone who publishes a website and wishes to create a direct hyperlink to the Site must request Vitry’s authorisation in writing.

Such authorisation from Vitry will under no circumstances be granted permanently. The link must be removed at Vitry’s request. Hyperlinks to the Site using techniques such as framing or in-line linking are strictly prohibited.

Any full or partial representation or reproduction of the Site and its content, by any means whatsoever, without Vitry’s prior express authorisation, is prohibited and will constitute an infringement punishable under the provisions of the French Intellectual Property Code.

Acceptance of these general terms and conditions of sale constitutes the Customer’s acknowledgement of Vitry’s intellectual property rights and undertaking to respect them.

Article 20 – Validity of the general terms and conditions

Article 21 – Amendment of the general terms and conditions

Any change in applicable legislation or regulations, or any decision of a competent court invalidating one or more clauses of these general terms and conditions of sale, shall not affect the validity of these general terms and conditions of sale. Such a change or decision shall in no way authorise Customers to disregard these general terms and conditions of sale.

The general terms and conditions are precisely dated and may be amended and updated by Vitry at any time. The applicable general terms and conditions of sale are those in force at the time of the Order.

Amendments to the general terms and conditions of sale will not apply to Products already purchased.

Article 22 – Applicable law – Languages – Disputes – Mediation – Jurisdiction

THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND VITRY ARE GOVERNED BY FRENCH LAW.

THESE GENERAL TERMS AND CONDITIONS ARE DRAFTED IN FRENCH. SHOULD THEY BE TRANSLATED INTO ONE OR MORE LANGUAGES AND IN THE EVENT OF ANY CONTRADICTION BETWEEN THE DIFFERENT VERSIONS, ONLY THE FRENCH TEXT SHALL BE AUTHORITATIVE IN THE EVENT OF A DISPUTE.

ANY DISPUTE RELATING TO THE CONCLUSION, INTERPRETATION, PERFORMANCE OR TERMINATION OF THIS CONTRACT SHALL, UNLESS OTHERWISE REQUIRED BY MANDATORY PROVISIONS, BE SUBMITTED TO THE COMPETENT COURT, INCLUDING IN SUMMARY OR EX PARTE PROCEEDINGS, NOTWITHSTANDING A PLURALITY OF DEFENDANTS, INCIDENTAL CLAIMS, THIRD-PARTY WARRANTY CLAIMS OR EMERGENCY PROCEEDINGS.

However, before taking any legal action, the Customer is invited to contact Vitry’s complaints department.

If no agreement is reached, or if the Customer can show that they have first attempted to resolve the dispute directly with Vitry by means of a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any dispute relating to these general terms and conditions of sale, including their validity.

To initiate this mediation, the Customer may contact Vitry’s mediator: Atlantique Médiation, located at 5, mail du Front populaire, 44200 NANTES, France – contact@atlantique-mediation.org

For cross-border disputes within the European Union, the Customer may also contact the European Consumer Centre France (www.europe-consommateurs.eu), which will direct them to the competent out-of-court dispute resolution body.

The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, setting out the elements of the dispute.

As mediation is not mandatory, the Customer or VITRY may withdraw from the process at any time.

SHOULD MEDIATION FAIL OR NOT BE CONSIDERED, THE DISPUTE THAT COULD HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.