Terms and Conditions
Overview
(1) This website (www.yeduovoiturin.fr) and/or the services, including all connected mobile applications (collectively the "Services"), and any offer or sale of products (the "Products") through the Site, are owned and operated by Yeduo Voiturin, a sole proprietor and artist-author, registered under the SIRET number 91885710300017, as a business not subject to VAT (hereinafter also referred to as "we," the "seller," "our," or "ours"). These General Sales Conditions (the "Conditions") set out the terms and conditions under which visitors or buyers (collectively, the "buyer" or "you") can visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you acknowledge that you have read and consent to these Conditions, and you agree to be bound by them. If you do not accept the entirety of the Conditions, you cannot access the Site or use any of the Services. Please read these Conditions carefully before accessing our Site or Services, or using them, or purchasing Products. In these Conditions, you will learn who we are, how we sell our Products to you, how you can terminate the purchase agreement, and what you can do in case of problems.
(3) You represent that you are of legal age and have the legal authority, right, and power to enter into a binding agreement based on these Conditions, to use the Services, and to purchase Products. If you are not of legal age, you may use the Services or purchase Products only with the consent of your parents or legal guardian.
We reserve the right to modify and update these terms, and the applicable conditions for any order are those in effect at the time of the order.
These general sales conditions apply to all written quotes and orders placed by us:
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via the contact on the online store www.yeduovoiturin.fr
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via the professional Instagram account @yedinleaf
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via any other professional social media platforms
The online store www.yeduovoiturin.fr is intended for individuals. Professional clients should contact us directly via the website's contact for any inquiries in order to benefit from a distinct and appropriate contract.
This site is hosted by Wix.com.
These Conditions are provided in the French language. In case of discrepancies between the French version of this document and any of its translations, the French version will prevail.
To use our Site and/or enjoy our Services, you must be at least 18 years old or have reached the legal age of majority in your country and have the legal authority, right, and power to enter into these Conditions as a binding agreement. You are not allowed to use this Site and/or enjoy our Services if it is prohibited in your country or by a law or regulation applicable to you.
Furthermore, before placing and confirming an order, you must read and accept these Conditions.
You can download and print these Conditions.
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Applicable Law
These General Sales Conditions are subject to French law. In case of a dispute, we and the buyer will prioritize negotiation to reach an amicable agreement. If no agreement is reached and either party wishes to resort to an arbitration judge, that party must notify the other party by registered letter with acknowledgment of receipt indicating all elements of the conflict. The dispute will be brought before the competent Commercial Court of Lyon (69).
Seller's (our) Obligations
The seller (us) is obligated to deliver goods that are compliant in quantity, quality, deadlines, and agreed-upon locations.
The seller provides the customer with clear and understandable information:
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The essential characteristics of the product;
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The price of the product and any potential discounts;
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The fees, methods, and delivery/shipping/handover times;
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Information about the seller's identity and its legal guarantees.
Buyer's (Your) Obligations
The buyer (you) is obligated to:
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Pay for their order;
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Receive their merchandise;
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Check the condition of the package and its conformity.
In the case of a product defect, damaged product, or damaged package, the buyer is obligated to notify the seller (us) via the Site's Contact accompanied by photos of the said damaged package/product, before and after opening, within a period of 24 hours in order to benefit from after-sales service.
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Product Description
(1) You must carefully read the description of the Services and/or Products before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most comprehensive information possible about these characteristics, without being exhaustive. The photographs, drawings, and descriptions of the Products and/or Services are provided for purely indicative purposes and do not bind us.
(2) We invite you to refer to the information and usage instructions on the packaging, labels, and accompanying documents. We cannot be held responsible for any damage resulting from non-compliance with these usage instructions for the Products and/or Services provided on our website.
Purchase of Products
(1) Any purchase of Products is subject to the Conditions applicable at the time of that purchase.
(2) When purchasing a Product: (i) it is your responsibility to read the complete list of items before committing to purchase them; and (ii) placing an order on the site (by completing the payment procedure by pressing the "Buy" button or a similar button) can lead to a legally binding contract for the purchase of the relevant Product, unless otherwise stated in these Conditions.
(3) You can choose from our selection of Products and place the products you intend to purchase in a cart by clicking the corresponding button. The prices we practice are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may occur inadvertently, at any time. These changes do not affect the price of Products you have previously purchased. During payment, a summary of all Products you have placed in your cart will be presented to you. This summary includes the essential characteristics of each product as well as the total price of all products, applicable or non-applicable value-added tax (VAT), and shipping fees, as the case may be. The payment page also allows you to verify and, if necessary, modify or remove Products, or modify quantities. If needed, you can also identify and correct input errors using the editing function before making your order finally binding. Any indicated delivery time applies from the receipt of your payment for the purchase price. By pressing the "Buy" button, you place a firm order to purchase the Products advertised at the price and with the shipping fees indicated. To complete the ordering process by clicking the "Buy" button, you must first accept these Conditions as legally binding for your order by checking the corresponding box.
(4) We will then send you an order confirmation email, in which your order will be summarized again and which you can print or save using the corresponding function. Please note that this is an automated message that only documents the fact that we have received your order. It does not indicate that we accept your order.
(5) The legally binding contract for the purchase of the products is only concluded when we send you a notice of acceptance by email or when we deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it if a payment process is initiated immediately after submitting your order (for example, electronic money transfer, or instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the "Buy" button.
(6) The seller (us) reserves the right to suspend the processing and/or delivery of the order in the event of a default/delay in payment or to refuse an order from a customer who has not fully or partially paid a previous order or with whom a dispute is pending. In the event of non-payment, in full or in part, by the due date, the buyer will be required, in addition to paying the principal claim, to pay penalties per day of delay up to ten times the legal interest rate and a flat-rate indemnity for recovery costs of €40, in accordance with Article L. 441-3 and L. 441-6 of the Commercial Code.
The seller (us) retains ownership of the products until full payment of the amount due by the buyer within the scope of their order, including fees and taxes.
(7) You can save your preferred payment method for future use. In this case, we will store your payment credentials in accordance with the applicable standards in our industry (such as PCI DSS). You will be able to identify your stored card by its last four digits.
(8) In the event of unavailability of a product after placing the order, the buyer (you) will be informed by email. A full refund of the order within 72 hours or a credit corresponding to the amount of the order will be issued, and the order will be automatically canceled.
(9) Customized products can be ordered by the buyer using the Contact form on the site and are subject to a quote when identified as feasible and sellable to the customer. The offer for the item is valid for the duration specified on the quote.
Product Delivery
Except in cases of force majeure or during periods of online store closure that will be clearly announced on the website, the processing times for orders are 7 - 14 working days from the receipt of payment for boutique products and 1 to 4 months for custom products or professional orders.
In the event of a product's unavailability, the buyer (you) will be informed as soon as possible and will have the option to cancel the order. You will then have the choice to request either a product exchange or a refund of the amounts within 30 days from the date of the request.
We can deliver our products through La Poste de France using Colissimo with a signature, Shop2Shop (Chronopost service), and Lettre Suivie (tracked letter), within France and from France to international locations, with insurance included for most shipments, to the address indicated on the order form, which must be within the agreed-upon geographic zone.
The seller (us) ships to the address provided by the buyer (you) (managing customs formalities in the country of departure, postage, and delivery to the delivery address provided by the buyer (you)). However, payment of duties and taxes upon receipt of the order is the responsibility of the buyer (you). It is the responsibility of the buyer (you) to provide accurate and precise delivery information to avoid any delivery errors or product loss.
The rates and delivery times vary depending on the type of Products ordered, the delivery address, and the weight of the products. They correspond to the current carrier rates, preparation fees, and packaging costs. They are indicated before payment in the detailed shopping cart.
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The applicable rates and delivery times will be communicated to you before confirming your order. The seller (us) may provide the buyer with the tracking number of their package via email.
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Delivery times are provided for indicative purposes on the La Poste de France website and communicated to the buyer (you). The seller (us) cannot guarantee the delivery times of the aforementioned carriers. The seller (us) cannot be held responsible for delays. Exceeding the delivery time of the products cannot lead to the seller (us) paying damages or cancellation of ongoing orders. Any modification of the order accepted by the seller (us) results in a change in the delivery time.
The seller will inform the buyer as soon as possible of any delays.
We offer insurance for loss/damage during transport for most of our products to destinations in France and internationally. In the case of a damaged package, the buyer (you) is obligated to notify the seller (us) via the Contact form on the site, including photos of the damaged package/product, before and after opening, within 24 hours in order to benefit from after-sales service. In the event of a claim related to the delivery of your package, we may initiate searches with our carrier with a sworn statement of a package indicated as delivered but not received, submitted within a maximum of 10 days from the presumed delivery date.
Coupons, Gift Cards, and Other Offers
We may occasionally offer coupons, gift cards, discounts, and other offers ("Offers") related to our Products. These Offers are only valid for the duration indicated. Offers cannot be transferred, modified, sold, exchanged, reproduced, or distributed without our express written permission.
Refund and Return Policy
1. Withdrawal and Returns
In accordance with Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and return the product to the seller for a refund without penalty, except for shipping and return costs.
To be accepted, any return must be notified in advance to the seller via the Contact form on the website. You must include the return slip that we will send you by email following your request. Make sure to indicate on your CN23 or DAU customs declaration "Return of goods" to avoid paying customs fees a second time. Otherwise, the seller will be obliged to charge you again for the incurred fees (VAT and/or customs fees).
The returned item must be in a new condition and in its original packaging. It should not have been used or undergone any damage, even minimal, and should be in a perfectly clean condition. Any item not meeting these criteria will not be refunded or exchanged. The seller (us) reserves the right to refuse to serve a subsequent order in case of abnormal or abusive returns by the customer. We recommend overpacking the return to avoid damaging the original packaging.
In case of loss or damage of the returned package, the seller (us) will not be able to proceed with the refund of the order, and the buyer (you) will need to make a claim directly with their carrier.
2. Refund
The refund of the products will be made as soon as possible and no later than 30 days from the date on which the right was exercised. The refund will be made by crediting the payment method initially chosen by the buyer (us).
3. Errors and Non-Conformity
The buyer (you) must report any claims of delivery errors compared to the information on the order form to the seller (us) on the same day of delivery, or no later than the first working day following the delivery. Any claim made beyond this deadline will be rejected, and the seller (us) cannot be held responsible.
In the event of a claim within the specified period, the seller (us) will assign an exchange number for the concerned product and communicate it to the customer by email. The exchange of a product can only take place after the exchange number has been assigned. The product to be exchanged must be returned to the seller (us) in its entirety and in its original packaging. Return costs are borne by the seller (you).
Force Majeure
Circumstances beyond the control of the parties preventing the normal execution of their obligations are considered causes of exemption from the parties' obligations and lead to their suspension.
The party invoking the above circumstances must immediately inform the other party of their occurrence, as well as their disappearance.
All facts or circumstances beyond the parties' control, unpredictable, unavoidable, independent of the parties' will, and that cannot be prevented by them despite all reasonable efforts, are expressly considered cases of force majeure or fortuitous events, in addition to those usually retained by the case law of French courts and tribunals: the blocking of transportation or supply means, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks or difficulties specific to external telecommunications networks.
The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Member Account
(1) To access and use certain sections and features of our Site, you must first register and create a member account ("Member Account"). You must provide accurate and complete information when creating your Member Account.
(2) If someone other than yourself accesses your Member Account and/or any of your settings, they can perform all actions accessible to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be considered as having taken place on your behalf and for your account, and you will be solely responsible for all activities that occur on your Member Account, whether you specifically authorized them or not, and for any damages, expenses, or losses resulting from these activities. You are responsible for the activities performed on your Member Account in the manner described if you have allowed the use of your Member Account through negligence by not taking reasonable care to protect your login credentials.
(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform like Facebook ("Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you that is stored in your Social Network Account.
(4) We may terminate or suspend your access to your Member Account temporarily or permanently without incurring liability to protect ourselves, our Site, and our Services or to protect other users, including if you violate a provision of these Terms or any applicable law or regulation related to your use of the site or your Member Account. We may do so without notice if circumstances require immediate action; in this case, we will inform you as soon as reasonably possible. Furthermore, we reserve the right to terminate your Member Account without reason, by sending you a two-month notice by email, if we terminate our Member Account program or for any other reason. You can stop using your Member Account and request its deletion at any time by contacting us.
Intellectual Property
Our Services and the associated content (and any derivative work or improvement thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names, trade dress, and interactive features, as well as all intellectual property rights related thereto, are our property or under our license (collectively, "Our Intellectual Property"), and nothing in these Terms grants you any right in relation to Our Intellectual Property. Unless expressly stated herein or required by mandatory provisions of applicable law for the use of the Services, you shall not acquire any rights, title, or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved and constitute an infringement punishable under Articles L 335-2 and following of the Intellectual Property Code.
Personal Data
Your personal data may be collected as part of your visit to our website, our commercial exchanges, your purchases, and your interactions with us on social networks. This information is collected through dematerialized forms, paper, or in response to our conversations on social networks.
This information is then kept strictly confidential by the seller and is processed in compliance with the Data Protection Act of January 6, 1978.
The seller undertakes not to communicate them to a third party, except potential partners responsible for the production and delivery of the order. The buyer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them.
Exclusion of Warranty for the Use of the Site and Services
The Services, Our Intellectual Property, and all documents, information, and content provided concerning them that are made accessible to any user free of charge are provided "as is" and "as available," without any warranty of any kind, express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, speed, accuracy, or performance of our services, except in the case of malicious non-disclosure of defects. We do not warrant that our free Services will be provided uninterrupted or error-free, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates.
Indemnification
You agree to defend and hold us harmless against any and all claims, damages, costs, liabilities, and expenses, whether actual or alleged (including reasonable attorney's fees), arising from or related to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless these circumstances are not caused by your fault.
Limitation of Liability
(1) To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result for you or a third party (including any direct or indirect loss and any loss of revenue, profit, customers, data, contracts, as well as any loss or damage resulting from, or related to, a business interruption, loss of opportunities, loss of anticipated savings, wasted management or office time, even if foreseeable, in connection with (i) this Site and its content, (ii) the use, inability to use, or results of the use of this site, (iii) any website linked to this Site or documents on these linked websites.
(2) We shall not be liable for any delay or failure to perform our obligations arising from these Terms if such delay or failure results from a cause beyond our control and/or a case of force majeure within the meaning of Article 1216 of the Civil Code.
Modification of the Terms or Services; Interruption
(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. Therefore, you should review them regularly. If we make substantial changes to these Terms, we will inform you that substantial changes have been made. Continuing to use the Site or our Service after such a change will constitute your acceptance of the new Terms. If you do not accept any of these conditions or any future version of the Conditions, do not access the Site or the Service and do not use them.
(2) We may modify the Services, cease to provide the Services or any feature of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without any liability. We will inform you sufficiently in advance if this is possible under the given circumstances, and we will reasonably take into account your legitimate interests in such action.
Links to Third-Party Websites
The Services may include links that take you away from the Site. Unless otherwise indicated, linked sites are not under our control, and we are not responsible for their content, the links they contain, or their changes or updates. We are not responsible for transmissions received from linked sites. Links to third-party sites are provided for convenience only. If we add links to other websites, it does not imply that we endorse their owners or content.
Applicable Law
(1) These Terms are governed and interpreted in accordance with the laws of:
Articles L 335 - 2 and following of the Intellectual Property Code.
Article L. 111-1 of the Consumer Code.
Articles L. 441 - 3 and L. 441 - 6 of the Commercial Code.
Article L121-20 of the Consumer Code.
Articles L 335 - 2 and following of the Intellectual Property Code.
Article 1368 of the Civil Code.
The Data Protection Act of January 6, 1978.
except for conflict of laws rules.
(2) If you wish to bring something to our attention, file a complaint, or ask a question regarding our site, contact us using the site's contact form.
Miscellaneous
(1) No waiver of a breach or default under these Terms shall be deemed a waiver of a previous or subsequent breach or default.
(2) The article headings used in these Terms are for convenience only and have no legal substance.
(3) Unless otherwise stated, if any part of these Terms is deemed illegal or unenforceable for any reason, it is agreed that this part of these Terms will be removed, the other conditions of these Terms will not be affected, and they will remain in force.
(4) By accepting the Terms, you agree not to contest the probative value of documents exchanged via the Site, based on their electronic nature. Computerized records are considered evidence of communications, orders, and payments made between us.
(5) Your acceptance of the Terms constitutes an agreement of proof, within the meaning of Article 1368 of the Civil Code.
(6) You may not assign your agreement with us under these Terms, nor your rights or obligations under these Terms, in whole or in part, without our prior written consent.
(7) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and the sale of Products.
(8) The provisions of these Terms that, by their nature, must survive any action on our part will survive, including but not limited to indemnification provisions, waivers, disclaimers of liability, limitations of liability, and this "Miscellaneous" section.
Contact
If you need further information, contact us via the site's contact form.
Updated on August 15, 2023.