General Terms and Conditions of Sale

These terms and conditions of sale exclusively govern the sale of products offered on the website www.vitreflam.com.

Article A – Prices

  1. The prices indicated on this website are in euros, inclusive of all taxes.
  2. All orders are payable in euros.
  3. The website www.vitreflam.com reserves the right to change its prices at any time; prices will be invoiced according to the rate in force at the time the order is confirmed.
  4. Retention of title: Products remain the property of Vitreflam until full payment has been received.

Article B – Orders

On the website www.vitreflam.com and via the contact form

Article C – Confirmation

When confirming your order, you declare that you accept:

  • The order and all of the general terms and conditions of sale in full and without reservation.
  • The data recorded by Vitreflam™ constitute proof of all transactions carried out between Vitreflam™ and its customers.
  • Vitreflam™ shall under no circumstances be held liable for the consequences arising from errors in the information provided by the customer, in particular their contact details and/or the dimensions of the ordered item.

Article D – Availability

Products and prices are valid as long as they are visible on the website and subject to available stock.

In the event of a stock shortage after your order has been placed, you will be informed by email within 72 hours. You may then request cancellation of your order by email.

Article E – Delivery and Product Conformity

Vitreflam™ delivers throughout France and Luxembourg.

The carrier will depend on the size of your parcel. This may be a private carrier or the postal service. Any order placed before 12:00 noon will be processed the same day; orders placed after 12:00 noon will be processed the following day. Our delivery time therefore ranges from 1 to 3 working days (excluding Saturdays, Sundays and public holidays) from the date of the order.

Due to their complexity, certain products designated as “special glass” are delivered via drop shipping and are not subject to the same delivery times. Delivery time: 3 to 10 weeks (working days).

Article F – Payment

The following payment methods are available to pay for purchases made on our website:

  • Credit card via Citelis™, the online payment interface of Crédit Mutuel
  • Payment via PayPal
  • Advance payment by bank transfer
  • Cheque (France mainland only)

Article G – Security

The website www.vitreflam.com is equipped with a security system using encryption.

Your bank details are not known to Vitreflam™; only our banking partner Crédit Mutuel du Sud Ouest is authorised to process them.

Article H – Refunds

The refund of products in accordance with Article E will be carried out promptly and at the latest within 30 days following the date on which the right was exercised.

The refund is made by bank cheque made payable to the customer and sent to the billing address.

Article I – Liability

Vitreflam™ shall not be held liable for non-performance of the concluded contract in the event of force majeure.

Vitreflam™ shall incur no liability for any indirect damage arising from these terms, including loss of business, loss of profits, loss of opportunity, damage or costs that may occur as a result of purchasing the products.

Article J – Applicable Law – Disputes

  • This contract is governed by French law.
  • The language of this contract is French.
  • The competent court to settle any dispute: French district courts or high courts, depending on the amount of the dispute.

Article K – Right of Withdrawal

If the customer considers that the product does not correspond to their order, and pursuant to Article L.121-18 of the Consumer Code, the customer has a period of 14 clear days from delivery of their order to inform us of their decision to withdraw, followed by a further period of 14 days to return the products. This legal provision applies to all Vitreflam products entitled “glass by brand”.

Effects of the right of withdrawal:

The refund will take place before the end of the month following receipt of the product concerned.

  • Return shipping costs are borne by the customer.
  • All Vitreflam products can be returned via La Poste; however, we estimate that return costs via another carrier must not exceed €20 incl. VAT.

“Your liability is only engaged with regard to any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.”

However, pursuant to Article L.221-28 of the Consumer Code, this right of withdrawal may under no circumstances be exercised in the case of the supply of goods made to the consumer’s specifications. This article concerns all Vitreflam products manufactured according to the measurements indicated by the customer (custom-made glass of all shapes ordered via the various calculators on the website).

Article L – Insurance

- Transport breakage insurance

If you have taken out transport insurance and your glass arrives broken upon delivery, simply send us an internal photo of the parcel showing the glass, as well as photos of the external packaging and the shipping label, and we will send you a new glass*.

If you have not taken out transport insurance and your glass arrives broken, you must contact the Colissimo carrier ( https://aide.laposte.fr/contact/colissimo ) and comply with their instructions.

* Offer valid for one replacement only; claim must be made within 2 days after delivery.

- Installation breakage insurance

If you have taken out installation breakage insurance and you break the glass during installation, send us detailed photos and we will send you a new glass* (where applicable, based on the photos, we may provide advice to avoid further breakage).

* Offer valid for one replacement only; claim must be made within 8 days after delivery.

INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract without giving any reason within fourteen days.

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

To exercise the right of withdrawal, you must notify us (Cosse & Co - 27, rue Gutenberg - Box no.2 - ZA La Rafette - 33450 St-Loubès) of your decision to withdraw from this contract by means of a clear statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form, but this is not obligatory. “You may also complete and submit the model withdrawal form or any other clear statement on our website www.vitreflam.com. If you use this option, we will send you an acknowledgement of receipt of the withdrawal without delay on a durable medium (for example, by email).”

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Annex to Article R221-3
Annex to Article R221-1

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of:

SARL Cosse & Co - 27, rue Gutenberg - Box no.2 - ZA La Rafette - 33450 St-Loubès

I hereby notify you of my withdrawal from the contract relating to the sale of the goods below:

Ordered on..........................

Order reference:.........

Name:........................

Address: .........................................................

Signature (only if this form is notified on paper):

Date:

Article M – Conformity Guarantees according to the decree of 18 December 2014

Cosse & Co - 27, rue Gutenberg - Box no.2 - ZA La Rafette - 33450 St-Loubès is the guarantor of the conformity of the products sold on its website.

Vitreflam is liable for lack of conformity of the goods with the contract (legal guarantee of conformity) and for hidden defects of the goods sold (guarantee against hidden defects) under the conditions provided for by law:

- When the consumer acts under the legal guarantee of conformity, they have a period of two years from delivery of the goods to take action.

- They may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code (if neither solution is effective within one month from the date of the consumer’s claim, the latter may demand a refund);

- They are exempt from proving the existence of the lack of conformity of the goods during the six months following delivery. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods;

- This same section recalls that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted;

- Finally, it recalls that the consumer may decide to invoke the guarantee against hidden defects of the goods sold within the meaning of Article 1641 of the Civil Code and that, in this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Article N – Professional Mediation System

www.vitreflam.com is a member of the mediation centre:

MEDICYS 73 Boulevard de Clichy 75009 Paris

Tel: 01 49 70 15 93

Email: contact@medicys.fr

Article N – Registered Office

SARL Cosse&Co

27 rue Gutenberg

Box no.2

ZA La Rafette

33450 Saint-Loubès