General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF USE OF THE VIDIAMO ONLINE STORE

1. Scope of application

1.1 These general terms and conditions (hereinafter: "the conditions") apply to any offer by Vidiamo published on the website www.vidiamo.shopify.com (hereinafter: "the website") and to any distance contract (hereinafter: "the contract") which is then concluded via the website between Vidiamo (also referred to hereinafter as "we"/"our") and an individual, i.e. a natural person who is not acting in the exercise of a profession or business (also referred to hereinafter as "you"/"your").

1.2 In addition to these conditions, additional conditions may apply to certain products when this is formally stated for the product in question. 

1.3 Before the conclusion of the contract, these terms and conditions and any supplementary terms and conditions are made available to you electronically, so that you can easily print them out or save them on a durable data carrier. In addition, you can consult these conditions at any time on the website.

1.4 The products presented on our website are only available in the following countries: Belgium, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United States. Unfortunately, we do not deliver to all regions. Please therefore check the current information on the website.

2. Contact details for Vidiamo

VIDIAMO SAS
54 rue Perronet
92200 Neuilly sur Seine
FRANCE 

General sales information: Morgan Bradley - tel +1 (571) 276-7215 / morgan.mmbradley91@gmail.com

Customer service: Tal Ayali-Bradley - tel +1 (240) 273-2802 / vidiamo.customerservice@gmail.com

Open Monday to Friday from 9 a.m. to 5 p.m.
General information E-mail address: info@vidiamo.com 

VAT : FR55 821 409 950

Vidiamo is registered with the Nanterre Chamber of Commerce under number 821 409 950 000 10. 

The host of the site is SHOPIFY INC, a Canadian company registered on the TSX and NYSE No. 426160-7, 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4 Canada.  

3. Offer, prices and shipping costs

3.1 The prices and delivery and/or shipping costs mentioned on the website are inclusive of VAT.  

3.2 If an offer or a price has a limited validity period or if an offer is issued under conditions, this is explicitly stated on the website for the offer in question. 

3.3 Any delivery and/or postage costs applied to your order are clearly indicated before the conclusion of the contract and are confirmed in the order confirmation.

3.4 Although we make every effort to ensure that all prices and information on our website are accurate, errors can never be completely excluded. If we discover an error in the prices of one or more of the products you order, we will notify you as soon as possible and give you the opportunity to confirm your order at the correct price or to withdraw from the contract. If we are unable to contact you within a reasonable period of time using the contact details you have given us or if you have not confirmed your order at the correct price, the contract will be automatically cancelled.

 

4. Formation of the contract

4.1 The contract is formed when you click on the Order and Pay button at the end of the ordering process. 

4.2 When your order is finalized, we will send you an order confirmation by e-mail, including an overview of the products you have ordered, the amount of your order and any delivery and/or shipping costs (including VAT), the method of payment you have chosen and the delivery terms. We will send you a dispatch confirmation as soon as your order is ready in our warehouse and can be dispatched.

4.3 Vidiamo may verify (within the limits set by law) your solvency and all facts and factors important for the execution of the contract. If the results of this investigation give us good reasons for not honouring the contract, we have the right to refuse an order or a request, giving reasons for our decision, or to make its execution subject to special conditions.

5. Cancellation or withdrawal of your order

5.1 You may cancel your order as long as we have not sent you a shipping confirmation. To do so, you can use the standard form on our website, call our Customer service: tel +1 (240) 273-2802
(open Monday to Friday from 9am to 5pm) or send an email to vidiamo.customerservice@gmail.com, clearly stating that you are cancelling your order and quoting the order number. We will send you a cancellation confirmation by email. If you have cancelled your order before we receive the shipping confirmation, we will fully refund the amounts you have already paid, including the (shipping) costs you have paid, within 14 days of the cancellation. You will not have to bear any costs.

5.2 You have a cooling-off period during which you can cancel this contract without specifying the reason (withdrawal). 

Strollers and other similar products. You may terminate the contract for the purchase of these products without specifying a reason during a 30-day cooling-off period.

The cooling-off period starts from the day of delivery of your order, either to you or to a representative appointed by you and notified by you in advance.

5.3 During the cooling-off period you must handle the product and its packaging carefully. You may only unpack and use the product to the extent necessary to decide whether you wish to keep it. The product may only be handled and inspected as you would be allowed to do in a store. You will only be liable for damage to the product if it is the result of handling the product by you other than as permitted in this paragraph. 

5.4 You may exercise your right of withdrawal by calling our customer service department (open Monday to Friday from 9am to 5pm) or by sending us an email at vidiamo.customerservice@gmail.com. We will then immediately send you an acknowledgement of receipt of your cancellation by email. 

5.5 If you exercise your right of withdrawal, you must return the product and all accessories delivered to us in good condition and (as far as possible) in their original condition and packaging within 14 days of exercising your right of withdrawal. We also ask you to fill in and affix the return label enclosed with the delivery. This speeds up the return and refund process.

5.6 In order to be able to exercise your right of withdrawal correctly and in time, the risk and burden of proof shall be on you. The direct costs related to the return of the product will be at your expense.

5.7 If you exercise your right of cancellation, we will refund you in full the amounts you have already paid, including the (shipping) costs you have paid, within 14 days of receipt of your cancellation. In the event of cancellation, you will have to bear at most the costs of returning the goods. 

5.8 If you exercise your right of withdrawal, any other contract will be legally dissolved.

6. Delivery and retention of title

6.1 Orders will be delivered to the delivery address provided by you at the latest 14 days after placing the order, unless a longer delivery time is agreed upon. Our carrier does not deliver on Saturdays and Sundays.

6.2 If the delivery is delayed or if an order cannot or not completely be executed, you will be notified no later than 14 days after it has been placed. In such a case, you have the right to withdraw from the contract at no cost, after which we will reimburse you in full the amounts you have already paid, within 14 days. 

6.3 If the delivery of an ordered product proves impossible, we will endeavour to offer you a replacement product of comparable or higher quality. You are not obliged to accept this offer and you may instead decide to withdraw from the contract at no cost, after which we will refund you in full the amounts you have already paid, within 14 days. 

6.4 The place of delivery is the address you provided when you placed your order. The delivery has taken place and the products are supposed to be delivered after the signature of the receipt of goods at the delivery address mentioned. 

6.5 Ownership of the Products does not pass to you until we have received full payment of all amounts due for the Products. The risk of deterioration and/or loss of the products shall pass to you at the time of delivery.

7. Payment

7.1 Unless otherwise provided in writing, you must pay the amounts due within 14 days of the start of the cooling-off period referred to in section 5.2 of these Terms and Conditions. 

7.2 If you notice any errors in the payment data you have provided us with, please notify us immediately. 

7.3 If you are paying by credit card, we require prior authorization after receipt of your order, based on your credit card, to ensure that a sufficient balance exists to complete the transaction. Your credit card will not be debited with the amount of your purchase until your order is dispatched from our warehouse. If we do not receive the requested authorization, we cannot be held responsible for any delay or non-delivery.

7.4 If you do not meet your payment obligations to Vidiamo, we may charge you legal interest and any reasonable costs Vidiamo must agree to in order to obtain full payment, including collection costs. If you do not meet your payment obligations, we are also entitled to demand the return of delivered products belonging to us. If necessary, the costs of returning the products shall be borne by you.

8. Compliance and warranty

8.1 We guarantee that the products and/or services correspond to the terms of the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or functionality, as well as the statutory and/or regulatory provisions in force on the date the contract is signed. If specified, we also guarantee that the product may be suitable for a use other than the usual use.

8.2 An additional warranty is any undertaking on our part which gives you rights or the right to make a claim, in addition to those provided by law, in the event of our failure to comply with the contract.

9. Communication

9.1 If you use our website, you agree that communication with us will take place primarily by electronic means and that we will generally contact you by e-mail in connection with the performance of the contract or the provision of information. Please ensure that our e-mails are not filtered by an anti-spam program.

9.2 All messages that you send to us should preferably be sent to us by e-mail.  

9.3 A message is considered received and correctly sent 24 hours after an e-mail is sent, or three days after the date a letter is sent. To prove that a notice has been sent, it is sufficient to prove that a letter was addressed, stamped and mailed correctly or that an e-mail was sent to the e-mail address provided by the recipient. 

10. Modification of these conditions

Any changes to these terms and conditions will only come into force after they have been published and will only apply to contracts concluded after the changes have come into force, it being understood that the provision which is most favourable to you will apply in the event of a change occurring during the period of validity of an offer.

11. Claims

If you wish to make a complaint about a product we have delivered to you or about our services, you can send it by e-mail to info@vidiamo.com. You will receive an answer by e-mail no later than 14 days after receipt of the complaint. If a complaint requires a longer processing time, we will send you an acknowledgement of receipt of your complaint within 14 days, indicating when you will receive a more detailed response. We will endeavour to deal with your complaint in the best possible way, in consultation with you. 

12. Applicable legislation

These conditions and the contracts to which they apply are governed by French law. Disputes relating to the content and explanations of these conditions and/or contracts must be submitted to the competent court of Nanterre. Furthermore, this in no way detracts from any rights you may have under the laws of your country.

These terms and conditions were created April 30, 2020.