General Terms & Conditions of Sale relating to Products and Services
Article 1. Scope Application
These general terms and conditions of sale apply to all orders of materials and services placed via the website VitrineMedia® or any other sales channel (hereafter referred to as « Products »). These general terms and conditions of sale govern the contractual relationship between VitrineMedia® and the customer, with both parties accepting it without reserve. These general terms and conditions of sale prevail over all other terms and conditions which may be contained in any other document, in particular those automatically generated when applying for a display simulation, unless express derogation is given in writing. Should any agreement contained herein be disputed or declared null or not written, the other agreements remain in place. The company itself reserves the right to modify at any time these general terms and conditions of sale. The general terms and conditions in force apply to each and every order placed.
Article 2. The contract
The customer declares being at least 18 years of age and having legal capacity or parental authority to place an order on VitrineMedia®. After placing the order, the customer will receive an email confirming all details of the order. VitrineMedia® will send an email to confirm the dispatching of the products ordered. This email constitutes acceptance of the order and as such forms the sales contract between VitrineMedia® and the customer. These steps to conclude the contract apply to any purchase procedure on the Website. VitrineMedia® will not be held responsible for any errors in the description, wording or user instructions of the products. The photos, graphics and videos do not have any contractual value and cannot call into question an order. The products are offered within the limit of stock available. In the case of lack of stock for one or more items in an order, VitrineMedia® undertakes to alert the customer by email or telephone as soon as possible.
Article 3. Order
An order is deemed to be placed on VitrineMedia® and the general terms and conditions of sale accepted once the customer has confirmed payment. The information recorded by VitrineMedia® and our secure payment service constitute proof of the nature, content and date of the order. Where a product ordered is not available, the customer will be informed as soon as possible. VitrineMedia® reserves the right to cancel any order where there is a payment dispute with a customer relating to a previous order. The information provided by the purchaser at the time of purchase is binding. Where there is an error in the contact details for the customer, VitrineMedia® cannot be held responsible if it results in delivery of the product becoming impossible.
Article 4. Payment
The prices stipulated by VitrineMedia® are expressed in euros, excluding VAT. Invoices, expressed in Total, are dated the day of the order confirmation. For all products dispatched outside the European Union and French overseas departments and territories, the price on the invoice will be automatically calculated exclusive of duties and taxes. Payment of orders should be by bankers card via a secure bank server (Carte Bleue, Visa, Mastercard/Eurocard, American Express…), by cheque send by recorded delivery or by COD (Cash on Delivery) before orders can be dispatched. Unless otherwise expressly agreed in writing, the terms of payment are the following: 50% of the total on signing the contract and the remaining 50% on delivery / installation. No cancellation of order can be made by the customer when a deposit has been paid or not, and any payments already made (or full payment) remains legally due to VitrineMedia®. The invoice is added to the equipment delivered and also sent by post. The due date is stated on the invoice. In case of non-payment of an invoice, the amount due will automatically producing interest. Moreover, VitrineMedia® will seek immediate payment of outstanding bills, and reserves the right to suspend or cancel delivery of orders, without being able to give rise to damages for the client. A failure to pay the exact maturity of an invoice or a term of rent, the amounts due will be increased as of right by a late penalty equal to 5% monthly. This increase does not constitute a penalty, but compensation for the damage suffered by VitrineMedia®. The customer must also pay the costs of recovery incurred by VitrineMedia®. Finally, if VitrineMedia® (or its partners) installs the equipment, deposit or full payment must be submitted to the installer at the end of installation. If this is not the case, the technician will not plug the ‘starter’ (Electric Cap of the rail VDS) which will stop the ignition of the window. This item will be sent by mail after the full payment of the invoice and it should be putting up by the client himself.
Article 5. Payment via Credit Card
By giving bank details, the customer accepts unconditionally that VitrineMedia® makes secure transaction for the payment of the order. Therefore the customer authorizes VitrineMedia® to debit amount(s) agreed upon at the due date. Customer agrees unconditionally also to give his bank details to VitrineMedia® as a granted for payment of unpaid bills after 30 days after due date.
Article 6. Customs
All orders placed on VitrineMedia® for delivery outside France are liable to taxes and customs duties when the package is delivered. Customs duties and any other taxes linked to delivery of an item are the responsibility of the customer and at his charge. VitrineMedia® is not required to confirm customs duties or taxes to the customer. VitrineMedia® advises customers to seek clarification from the customs and tax authorities in their own country.
Article 7. Delivery
Products are delivered to the address provided on the customer order. Lead-times for delivery and for completing the orders (materials and software) vary between 2 and 10 weeks from receipt of contract, except in cases of force majeure, such as floods, earthquakes, strikes, or interruptions in stock from our suppliers. No delay in delivery can result in compensation claims by the customer. VitrineMedia® delivers products to Mainland France, French overseas departments and territories, European Union and Internationally to the delivery address specified on the order by a transporter selected by VitrineMedia. Additional delivery costs may be required prior to delivery in relation to deliveries outside France.
VitrineMedia® will contact the customer as soon as possible to confirm any additional costs for transport and delivery of the products. The customer is required to check the state of the packaging at the time of delivery and to detail any damage caused by the transporter on the delivery note, and inform VitrineMedia®, and is required to send confirmation of the damage in writing by recorded delivery to the transporter (with copy to VitrineMedia®) within two working days. VitrineMedia® cannot be held liable for any delay in delivery which is caused by the Postal Service or any other transporter service designated by them. For MyVitrineMedia.com orders, the customer will receive codes which will confirm the general terms and condition of use and provide access to the application and to the prepared templates for display sheets.’
Article 8. Intellectual Property
VitrineMedia® has total rights over the intellectual property of the studies, solutions and documents etc. both written and electronic, for the customer in the execution of this contract. The customer may not, except with express prior agreement, reproduce them in whole or in part, nor save them, seek to find out or possess the source and/or use them for ends or products other than those originally allowed.
Article 9. Responsibility of VitrineMedia®
It is expressly agreed that VitrineMedia® is subject to these terms and conditions, with an obligation of due care. The responsibility of VitrineMedia® is limited to the supply of Products. The customer must consult their insurance to confirm the contractual conditions of Civil Responsibility and Multi-risk insurance. VitrineMedia® can in no way be held liable for damages resulting from the customer not meeting their obligations, indirect or immaterial damages, damages linked to a delay in delivery, a lack or damage, damages linked to a requirement of the customer, local or national regulations preventing or limiting the illuminated display in shop windows and resulting in partial use of the product, and/or damages due to an independent cause outside the control of VitrineMedia®. In all of the aforementioned cases, payment of the equipment remains due with no recourse to compensation. The customer must respect the instructions contained in the user installation guide delivered with the equipment to achieve successful usage. It is understood that any non-respect of the installation guide absolves VitrineMedia® of their responsibilities. With regard to installation, and following the dimensions of the window concerned, it is possible that modification to the standard length of the VDS electric rail may be made and, in this instance, it is effectively at the customer’s own risk to cut the VDS rail to fit the exact dimensions of the window. Furthermore, no additive or lubricating product should be used when using this rail. VitrineMedia® recommends a minimum distance of 5cm between the screens and the window plus a minimum distance of 5cm between the screens. Equally, VitrineMedia® cannot be held liable for any deformation in materials that comprise the screen, resulting from prolonged exposure to the sun for said screens that are sold by VitrineMedia®. Screens must be cleaned with a non-alcoholic liquid. Use of other maintenance products will cancel the product guarantee. Furthermore, the customer must ensure the conformity of the electrical installation and the power needed (approximately 5W for an A4 screen and 10W for an A3 screen) prior to installing any VitrineMedia® solutions and equipment. VitrineMedia® will not be held liable for any defect arising from any onward electrical installation, from the 220V/24V transformers compliant with the standards and delivered by us and which power our solutions and equipment. The guarantee will no longer apply if power sources other than those sold by VitrineMedia® are used to electrically power the screens. In particular, VitrineMedia® recommends that the customer takes the lines directly from the electric meter to power our lighting solutions and avoids connection to a non-direct power take off. Furthermore, the electric cables between the power feed and the columns (where the VDS is not supplied) and the electric cable between the power feed and the mains must be supplied by the customer and respect electrical standards and the size of cable must be sufficient to support the electricity power calculated on the basis of I(intensity)=P(power)/V(voltage). The feeds used must be supplied by VitrineMedia® otherwise the equipment guarantee will be null and void. VitrineMedia® recommends that you do not to install more than 5 display panels in A4 format or more than 4 display panels in the A3 format on the same column suspended to a VitrineMedia® ceiling rail. Beyond the recommended number of panels per column, the guarantee on the products will no longer apply (neither on the display panels nor on the power supplies and other accessories). Any window display equipped with led display panels should not be turned-on if the plastic protective film is still on the panels as they may create a mechanical resistance due to the humidity in the air which can lead to an increase in the temperature of the display panel and thus deteriorate your display panels. Any digression from these recommendations will cancel-out your product guarantee. The client will ensure that no water or liquid will be used on or around VitrineMedia® products. This includes pressure or steam cleaners commonly used for window cleaning. Under such circumstances, the product guarantee will not cover any damages to the VitrineMedia® products and VitrineMedia® will also not be held responsible for any further issues that may insue due to contact with water or liquids. VitrineMedia® strongly recommends using the services of a qualified electrician for the installation of our equipment and in particular for the electrical connections for equipment delivered by Vitrine Media. Equally, the customer must ensure the safe state of the floors and ceilings and in particular that they are strong enough to support the weight of the screens connected in column form (10kg per drop for a column of 3 VitrineMedia® screens of A3 size). The cost of any preparation works are the customer’s responsibility. VitrineMedia® cannot be held liable for any damage caused to floors and ceilings that have not been suitably prepared (or reinforced as required) prior to installation of the columns of illuminated or non-illuminated screens. VitrineMedia® cannot commit to the quality level of printing unless it is done on a Laser or Jet printer. For optimum results VitrineMedia® recommends the use of certain Jet printers and will supply a list of brand names for information purposes only. To protect the visual printed on special paper backlight, especially large format remaining exposed more than 15 days in the window, VitrineMedia® recommends the installation of a UV filter on the display or on the Window directly.
Article 10. Guarantee and services provided by VitrineMedia®
Materials delivered by VitrineMedia ® are under guarantee, well defined by Articles 11 and of these general conditions of sale for a period of 24 months, from the delivery date. Installation service is guaranteed for 3 months. For any cancellation of appointments by the costumer less than 72 hours before the planned intervention, costs for the initial scheduled intervention will still be the clients’ responsibility. In order to enforce his rights, the customer must inform Vitrine Media of any defects present on the merchandise within two months following their discovery. This notification is to be made by registered mail, including an acknowledgement of receipt.
Article 11. Conditions of use and guarantee of “material” and maintenance
The material in question is considered defective if it does not illuminate at all or if it blinks, with the exception (not restrictive) of a decrease in power of the nominal luminosity of the new product. VitrineMedia® cannot be held liable for any abnormal use of the material or for any external cause leading to the normal non-functioning of the material, such as a physical shock (with an object, person…), an electricity surge, or if it is dropped. The lighted displays have to be switched off several hours continuously, during the night from 1 A.M to 5 A.M for example. The guarantee does not cover any ultimate deformation or loss of transparency of the material comprising the illuminated display cases resulting from their normal use or from prolonged exposure to the sun. The ambient air temperature (near and around) of the material should be permanently between 10°C and 30°C, with humidity at compatible levels for electrical equipment. Beyond these limits (area insufficiently heated or too hot, too humid, external showcase…) the guarantee will not be valid.
Article 12. Starting date – Application methods for the guarantee of “material” and maintenance
The starting date of the contract corresponds with the delivery date of the material. The guarantee corresponds to the replacement or repair of any defective material. The exchange will be made with an identical product except where the model is either temporarily or permanently unavailable in which case the closest model in terms of specification will be offered as replacement. The customer must notify VitrineMedia® by fax or post of any defective material. VitrineMedia® will send the customer a replacement as described above within 7 working days following notification. The customer must, at their own cost, and within 7 days, return the defective material to VitrineMedia®. The defective material (which will become the property of VitrineMedia®) must be sent to the head office or any other address notified to the customer during notification of the incident. If the customer does not return the defective material within the stated time scale, VitrineMedia® will invoice for the replacement material at the price prevailing on dispatch and the invoice must be paid within 30 days. Unless expressly requested by the customer, VitrineMedia® will not send any company personnel or effect installation (such services are invoiced separately).
Article 13. Obligations of the customer
The customer declares to have understood the technical specifications of the Products and to have taken responsibility for the selection of products offered by VitrineMedia® based on their own requirements. The customer is therefore well aware of the methods they must employ for the correct functioning of the IT system, electrics and mechanical resistance (floors and ceilings). Furthermore, the customer undertakes to keep secret the methods used by VitrineMedia® and of which they have knowledge.
Article 14. Affixing of company Logo and communication in the customer’s display
The customer accepts without reserve to take delivery of screens which carry the VitrineMedia® logo.
Article 15. Retention of Ownership
VitrineMedia® retains ownership of the material and supplies until full payment of the goods and associated costs and taxes is received. Where payment on the due date is not received, and notwithstanding payment of interest stated in article 2, VitrineMedia® may cancel the sale 8 days after the customer has been informed by way of a recorded delivery letter and the matter has not been resolved. All further related expenses will be borne by the customer.
Article 16. Retention of Trade names
The trade names together with all other trade names used, are the trade names belonging to VitrineMedia®. These trade names do not represent the type of material used for the manufacture of the screens and the range of screens presented, notably VM Budget + ©, VM One©, Double C2 Max©, Double I Max©, New I Max©, VM Mobile Stand© and the system VDS©.
Article 17. Law applicable
This contract is, for its validity, interpretation and execution, subject to French law.
Article 18. Disputes and authority over them
Any contest or dispute that may arise directly or indirectly in relation to the validity, interpretation or execution of this Contract, and where the parties are unable to resolve the matter amicably, will be subject to the Tribunal at Bobigny (93) France which will have authority over the matter, whatever the place of usage of the material, or the domicile of the respondent, even in matters relating to the guarantee, or multiplicity of respondents. This clause applies even in the case of an appeal.