T.C.S.
IDENTIFICATION
This website, accessible at https://vimoda.fr/ and https://vimoda.com/ (the "Site"), is published by CDT Distributions, a limited liability company with a share capital of 38,500 Euros, registered with the Paris Trade and Companies Register under number 425 051 778 000 32, whose registered office is located at 279, rue Saint Denis 75002 Paris (telephone number: 01 42 36 28 41).
CDT Distributions distributes the VIMODA brand on the Site. The manager of CDT Distributions is HU Haibin.
The Site is hosted by Fasteo, whose registered office is Technopole Izarbel, building ESTIA 2, 64210 Bidart. Any purchase on the Site constitutes the customer's unconditional acceptance of the general terms and conditions of sale detailed below:
SCOPE
These general terms and conditions of sale apply to all orders placed on the website www.vimoda.fr or www.vimoda.com. The customer acknowledges having read the special terms and conditions of sale stated on the site at the time of placing the order and expressly declares to accept them unconditionally.
CDT Distributions reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of any modification, the general terms and conditions of sale in force on the day of the order will apply to each order.
PRODUCT AVAILABILITY
The information provided on each product page is for guidance purposes only. The products offered comply with current French legislation and the standards applicable in France.
The photographs, texts, graphics, information, and characteristics reproduced and illustrating the products presented are not contractual. CDT Distributions cannot be held liable for any errors contained therein.
ORDERING TERMS
To place an order on the website, the customer must be of legal age, have legal capacity, and hold a bank card.
Orders will be received and accepted subject to available stock.
If, despite CDT Distributions' due diligence, the ordered items are no longer available, CDT Distributions will inform the customer by email or telephone as soon as possible, offering a similar product if applicable or refunding the price by credit to the customer's bank account.
In accordance with the law of March 13, 2000 on electronic signatures, any order form signed by the customer by "double-clicking" constitutes an irrevocable acceptance that can only be challenged in the limited cases provided for in these general terms and conditions of sale as "right of withdrawal" and "stock shortage".
The "double-click" associated with the authentication and non-repudiation procedure and the protection of all messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
ORDER CONFIRMATION
The data recorded by CDT Distributions constitutes proof of all transactions between VIMODA and its customers. The contractual information is presented in French and will be confirmed by email at the latest at the time of delivery.
CDT Distributions recommends that its customers keep a paper or reliable electronic record of the data relating to their order. The customer is responsible for verifying the completeness and accuracy of the information they provide to CDT Distributions. The latter cannot be held responsible for any input errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for re-shipping will be borne by the customer.
PROOF OF TRANSACTION
The computerized records, kept in CDT Distributions' computer systems under reasonable security conditions, will be considered as proof of the communications, orders, and payments between the parties. Order forms and invoices are archived on reliable and durable media that can be produced as proof.
PRICE
CDT Distributions reserves the right to change its prices at any time but undertakes to apply the rates in force that will have been indicated to you at the time of your order, subject to availability on that date. The prices mentioned on the website www.vimoda.fr or www.vimoda.com are valid at the time of consultation by the customer.
Prices are expressed in Euros, excluding shipping costs. Prices are inclusive of VAT (including VAT for France and the EEC countries). Any tax, duty, or other payment required under French regulations, or those of an importing or transit country, is borne by the purchaser.
PAYMENT METHOD
To pay for their order, the customer has the choice of all payment methods referred to in the order form, namely: bank card. Availability and shipping times must be recalculated from the date of receipt of the payment method.
CDT Distributions reserves the right to suspend all order processing and delivery in the event of non-payment.
CDT Distributions, in particular, reserves the right to refuse delivery and honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is pending.
CDT Distributions retains full ownership of the products sold until full payment of all sums due by the customer under their order, including costs and taxes.
The transfer of ownership of a product purchased from VIMODA by the customer to a third party will not be handled by CDT Distributions. Only the original purchaser of this product may claim access to the clauses of these general terms and conditions of sale.
DELIVERY
Please note: packages are prepared within a maximum of two business days, except in exceptional cases (e.g., the Christmas period, in which case VIMODA undertakes to inform the customer in advance).
The preparation time is not included in the delivery time.
If a preparation delay is observed (excluding exceptional cases), CDT Distributions undertakes to inform the customer as soon as possible and to refund their order if no agreement is reached between the two parties.
The geographical delivery area corresponds to the geographical coverage area of the offer. Products are delivered in France via Colissimo with tracking (delivery upon signature, within 2 business days) and internationally via DHL to the address indicated by the consumer on the order form. Delivery is deemed completed upon handover of the product to the carrier. The customer is responsible for verifying the completeness and accuracy of the information they provide to VIMODA. The latter cannot be held responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the re-shipping of the order will be entirely borne by the customer.
Vimoda cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (notably total or partial strikes of postal services and/or means of transport and/or communication). The consumer is required to check the condition of the packaging and the goods upon delivery and to report any damage caused by the carrier on the delivery note, as well as to Vimoda, within two business days.
DELIVERY PROBLEMS
1/ Due to the carrier
Any anomaly regarding the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must imperatively be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature.
In the case of a shipment carried out by La Poste, if the package arrives open or damaged (notably with the presence of the yellow "La Poste" tape), it is essential that the customer has the mail carrier or the local Post Office issue a "report of spoliation" (report 170) so that VIMODA can open an investigation and an indemnification procedure.
The customer must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within (2) business days following the delivery date, stating the aforementioned claims.
The customer must simultaneously send a copy of this letter (with the original "report of spoliation" if applicable) by regular mail to: CDT Distributions – Vimoda 279 rue Saint Denis 75002 Paris France. Any claim received after the deadline will be rejected.
2/Due to a delivery error – non-compliant products
The customer must submit to VIMODA on the day of delivery or at the latest on the first business day following delivery, any claim regarding a delivery error and/or non-conformity of the products in terms of physical condition or quality compared to the indications on the order form. Any claim made after this deadline will be rejected without the possibility of appeal.
This claim to VIMODA should be made:
primarily by email to the following address with the order number: contact@vimoda.fr.
Any claim not made according to the rules defined above and within the allotted timeframes cannot be taken into account and will release CDT Distributions from any liability towards the consumer.
Upon receipt of the claim, CDT Distributions will assign a return number for the concerned product(s) and communicate it to the customer. A product can only be returned after this return number has been issued according to the procedure presented above.
Any product to be exchanged or refunded must be returned within 7 business days following receipt of the return agreement from CDT Distributions in its entirety (including accessories and instructions) and in its original packaging in perfect condition, via Colissimo Registered Mail with insurance covering the market value of the returned products, to the following address: CDT Distributions – VIMODA– 279 rue Saint Denis 75002 Paris France. To be accepted, any return must be reported to VIMODA in advance.
Failure to follow the above procedure will result in no claim for non-conformity or apparent defect of the delivered products being accepted.
LIABILITY – DISPUTES – APPLICABLE LAW
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, CDT Distributions cannot be held liable in the event of an error in any of these photographs or texts.
CDT Distributions cannot be held responsible for damages of any kind, whether material, immaterial, or personal, that may result from the improper functioning or misuse of the products marketed. The same applies to any modifications of the products resulting from the suppliers.
The liability of CDT Distributions will, in any event, be limited to the amount of the order and cannot be challenged for simple errors or omissions that may have persisted despite all precautions taken in the presentation of the products.
VIMODA reserves the right to cancel an order due to a computer bug, hacking, input error, or other internal or external malicious activity. CDT Distributions will be required to inform the customer and cancel the order. If you notice an error, please contact us by email at contact@vimoda.fr.
CDT Distributions cannot be held responsible, towards a customer or a third party, for any indirect damage, any loss of business, profit, or turnover, occurring in any way, even if such damage, loss, or prejudice was foreseeable by CDT Distributions, or if its possibility had been brought to its attention.
Without limiting the preceding paragraphs, the liability of CDT Distributions under these general terms and conditions cannot exceed an amount equal to the sums paid or payable at the time of the transaction giving rise to the liability in question, regardless of the cause or form of the action concerned.
CDT Distributions cannot be held responsible for the non-performance of the contract concluded in the event of a stock shortage or unavailability of the product, force majeure, total or partial disruption or strike, notably of postal services and means of transport and/or communication, flood, fire, earthquake, lightning.
In the event of a dispute, the member should primarily contact CDT Distributions to obtain an amicable solution.
These general terms and conditions of sale in French will be executed and interpreted in accordance with French law. Any dispute that may arise on the occasion of their validity, interpretation, or execution will be submitted to the competent Courts.
PERSONAL INFORMATION
CDT Distributions undertakes not to disclose to third parties the information provided by customers on the website. This information is confidential. It will only be used by its internal services for processing your order and to strengthen and personalize communication, notably through information letters / emails, as well as for the personalization of the website based on observed user preferences. In accordance with the Data Protection Act of January 6, 1978, you have the right of access, rectification, modification, and deletion of the data concerning you.
You can exercise this right by sending us an email at the following address: contact@vimoda.fr.
AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE
CDT Distributions reserves the right to modify the general terms and conditions of sale of products on the online store of its website: www.vimoda.fr
In the event that any of the terms of the general terms and conditions of sale is considered illegal or unenforceable by a court decision, the other provisions will remain in force.
