GENERAL TERMS AND CONDITIONS OF SALE AND USE
Identification: Vallis Clausa SA / Chemin du Gouffre; 84800 Fontaine-de-Vaucluse; France / Registered in the Commercial Register of Avignon under SIRET number 30204309600015
The company Vallis Clausa SA (hereinafter “Vallis Clausa”) manufactures artisanally and sells paper, printed products on its papers, customised products, books and miscellaneous stationery items. It also offers services such as: participatory workshops, guided and/or participatory tours of the Mill and the Museum of the underground world.
These General Terms and Conditions of Sale (hereinafter “T&C”) govern access to and use of the www.moulin-valisclausa.com website (hereinafter “Site”) and sales of products (hereinafter “Product(s)”) or services (hereinafter “Service(s)”) concluded on the Site.
The acquisition of one or more Products or Services implies unreserved acceptance of these T&C. The Customer (hereinafter “Customer”) hereby acknowledges that they have read all the provisions of these T&C and accepted them before placing their order.
Article 1. DEFINITIONS
“Customer” means any person who has made a purchase on the Site.
“Customer Account” means the personal space provided free of charge to the Customer.
“General Terms and Conditions of Sale” or “T&C” means these Terms and Conditions of Sale for Products and Services offered by Vallis Clausa, available on the Site.
“Product(s)” means any product offered for sale on the Site
“Service(s)” means any service offered for sale on the Site
“Site” means the website available at the following address: www.moulin-valisclausa.com (or any address or additional site that may be substituted or added to it)
“User” means any person using the Site for any purpose.
“Customised Product” means a product that is customised for the Customer.
“Gift Voucher” means an electronic purchase voucher.
“Paid Tour”: is a Service that means a guided and/or participatory tour.
“Workshop”: is a Service that means a participatory workshop.
Article 2 – PRICES
The prices of the products on sale on the Site are precisely set out on the pages of descriptions of the Products and Services, in euros (including all taxes), excluding shipping and order processing fees.
The price guaranteed to the Customer is that displayed on the Site at the time of purchase.
Article 3 - GIFT VOUCHER
The Gift Voucher is a voucher that is in an electronic format (code sent by email after the order placed on the Site).
The Gift Voucher is for a certain amount and has a validity date. It is valid for 6 months from the issuance date (date of order on the Site) and may only be used on the Site.
The Gift Voucher can be used to pay for all or part of the purchases made.
A Gift Voucher may not be paid for with another Gift Voucher. The minimum amount of a Gift Voucher at the time of purchase is 10 euros. The maximum amount is 200 euros.
Should the Gift Voucher be used for the purchase of products on the Site, the Customer must take any delivery costs into account in the total amount of the purchase.
The Gift Voucher may only be used on one occasion. It is not exchangeable or refundable, it is not redeemable for cash, it does not give an entitlement to any financial consideration in any currency or in any current or future payment system.
To use the Gift Voucher, the Customer must enter the code received by email in the space provided in the shopping cart (“Promo Code”).
ARTICLE 4 – PAID TOURS AND WORKSHOPS
Paid Tours and Workshops can be booked online on the Site via the booking calendar.
The Paid Tours and Workshops offered by Vallis Clausa place it under a best-efforts obligation. In particular, Vallis Clausa undertakes to provide all sufficient material and human resources and to take all necessary care to perform its service.
Vallis Clausa reserves the right to cancel or postpone a booking if the minimum number of persons registered or participants is not reached, or for any other case of force majeure. In the event of cancellation by Vallis Clausa, the sums paid are refunded to the Customer. In the event of a postponement, Vallis Clausa proposes new dates: if the Customer accepts them, the sums already paid are deducted from the price of the new session; if the Customer refuses them, these sums are refunded to them. In no case shall cancellation or postponement give rise to the payment of damages for any reason. Should Vallis Clausa’s liability be incurred, the compensation which the Customer could claim is limited to the price of the service. The Customer undertakes to pay the price and to comply with the terms and dates of payment indicated on the Site and/or the special conditions of sale indicated on the Service purchased on the Site.
Article 5 – ORDERS
Conditions for placing an order:
The Customer states that they are at least 18 years of age and have legal capacity or parental permission which allows them to place an order on the Site. Any order placed on the Site must match a household’s normal needs.
In accordance with the provisions of the Civil Code regarding conclusion of the contract in an electronic form, the sale is validly concluded only after the Customer has had the opportunity to check the details of their order and its total price, its delivery address, to correct any errors, and then to confirm it to express their acceptance. The Customer places an order on the Site after having read and accepted these T&C. They are then automatically directed to the payment page.
After placing an order, the Customer receives an email confirming it. Vallis Clausa shall inform them of shipment of the Products by email.
Vallis Clausa reserves the right not to confirm an order for any reason, relating, in particular, to a supply problem of Products or a problem with the order received.
If, despite our vigilance, the Products are unavailable, Vallis Clausa shall inform you thereof by email as soon as possible. In the event of unavailability, Vallis Clausa reserves the right to offer the customer a replacement Product of equivalent quality and price. Should Vallis Clausa be unable to supply the Customer with a Product of equivalent quality and price, or if the Customer does not wish to receive such a Product of equivalent quality and price, the Customer may cancel their order and Vallis Clausa shall make a full refund of the order.
Article 6 – PAYMENT
Payment is due immediately on ordering, including for Customised Products.
The Customer may pay by Paypal.
The Customer may pay by bank card: (Visa, American Express, Mastercard.)
Payment by bank card on the Site is protected by a secure remote payments system, “3D SECURE”. 3D Secure payment is valid for Visa, and Mastercard payments. It allows payment by authentication and guarantees protection of confidential data and security of transactions. The Buyer’s identity and validity of their banking data are verified by the bank before validating the transaction.
Vallis Clausa does not collect the bank card details of Customers which are processed directly by its financial partners, Paypal and Stripe.
Stripe, our financial intermediary, manages payments on the Site. Stripe is Level 1 certified for PCI service providers. This is the strictest level of certification available in the payments industry. Stripe uses the HTTPS (TLS) protocol to encrypt credit card details. PayPal protects information thanks to the SSL protocol with a 168-bit encryption key length.
ARTICLE 7 - CUSTOMS DUTIES
Any order placed on the Site and delivered to a location outside of France may be subject to any taxes and customs duties imposed when the parcel arrives at its destination. These customs duties and any taxes related to delivery of a Product are borne by you and are your responsibility. We are not required to verify or inform you of any applicable customs duties and taxes. To become aware of them, we advise you to consult the competent authorities in your country. Also, please note that when you place an order on the Site, you are considered to be the official importer and must comply with all laws and regulations of the country in which you receive the Products.
Article 8 – DELIVERIES
Deliveries are made to the address indicated when placing an order on the Site.
Delivery lead times do not take into account the order preparation time.
The risks are borne by the Customer from the exact time the parcel(s) has/have been entrusted to the carrier.
If the packages arrive in poor condition, it is the Customer’s responsibility to indicate all usual reservations to the carrier, on the transport note and also by registered letter with acknowledgement of receipt sent to the same carrier within 48 hours of delivery. The words “subject to unpacking” are not a valid reservation, it being necessary to note the visible damage on the transport note.
Delivery lead times are given only as an indication, as Vallis Clausa may also be subject to supply and manufacturing delays. Late delivery may not be invoked to claim any discount or compensation or to cancel an order. On shipment of their order, the Customer shall be notified by email of the shipment date and of a possible tool for tracking this shipment.
If the addressee is absent on delivery, the products must be collected at the address and according to the terms indicated by the carrier chosen by the Customer when placing the order. If collection is not made within the time limit set by the carrier and if the products are returned to Vallis Clausa, Vallis Clausa shall charge a delivery fee for a new shipment. In the event of non-payment of the reshipment fee within 14 days, the products shall neither be refunded nor reshipped.
ARTICLE 9 – WITHDRAWAL AND RETURNS
In accordance with the legal provisions of sale, our Customised Products are not subject to the withdrawal right and therefore cannot be refunded.
For Products ordered on the Site, the Customer has a 14-day period running from the day after receipt of their order, (if this period expires on a Saturday, Sunday or public holiday, it is extended to the first next working day), to withdraw. After this period, no request to return Products shall be accepted.
If the Product received is not compliant with the order, the Customer has 48 hours from delivery to inform us of their reservations by sending us an email to the following address: contact(a)moulin-vallisclausa.com. After this period, the Products are assumed to be compliant.
Any return of a delivered Product must have Vallis Clausa’s prior, formal agreement. Please contact us at this address for any request to return a Product: contact(a)moulin-vallisclausa.com
Products must be returned in their original packaging and must not have been modified, damaged or used in any way.
Any Product that has been used or damaged shall not be taken back, exchanged or refunded. In such a situation, the Product may be returned to the Customer at their expense without them being able to demand any compensation or refund.
The amount that shall be refunded to the Customer is the amount paid on the Site, i.e. the price of the returned Product(s) plus the corresponding shipping costs. However, the Customer shall bear the return costs.
However, in the event of an error in preparing the order, Vallis Clausa shall alone bear the return costs and shall inform the Customer of the carrier chosen to make the return.
The Customer shall be refunded within 14 days of receipt of their return and if the return complies with the procedure set out here (in particular as regards the condition of the returned Product(s)).
We draw the Customer's attention to the fact that if the Product is lost by the carrier during return of the Product, the Customer alone is responsible and may not claim any refund of the return fees or the cost of the returned Product(s).
Article 10 – CUSTOMER ACCOUNT
The Customer may create a Customer Account when making a Purchase on the Site.
The Customer Account allows the Customer to: view and update their contact information and payment methods; view their order history; change the login password. To create a Customer Account, the Customer must complete a registration form with their contact information (last name, first name, postal and email address) and create a personal password. The Customer will receive an email confirming the creation of their Customer Account and containing all their customer information. When creating their Customer Account, the Customer undertakes to provide accurate, complete and up-to-date information. It is hereby stated that the identifiers (email address or password) are the Customer’s entire responsibility. It is therefore the Customer’s responsibility to ensure this information is kept confidential and to report any fraud or theft by email (contact(a)moulin-vallisclausa.com) promptly. To delete the customer account, please contact us by email (contact(a)moulin-vallisclausa.com) in accordance with the “right of access, modification, objection and portability” provisions in the Site’s “Privacy” tab. Vallis Clausa may also have to delete a Customer Account which has no current orders due to personal data regulations.
ARTICLE 11 - RESERVATION OF TITLE
The delivered goods shall remain Vallis Clausa’s property until they are shipped and entrusted to the carrier, after the Customer has paid the price thereof.
Article 12 – INTELLECTUAL PROPERTY
Vallis Clausa owns the https://www.moulin-vallisclausa.com site and all of its content, as well as the intellectual property rights or user rights in all elements published on the Site such as logos, texts, photos, videos, graphics, models, etc. Any use or copying of the elements of the Site without Vallis Clausa’s prior written permission may constitute infringement and incur the civil and/or criminal liability of its perpetrator.
ARTICLE 13 - PERSONAL DATA PROTECTION
Vallis Clausa collects personal data from users as part of the operation of the Site. In accordance with Act No. 78-17 of 6 January 1978 on data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), every user has a right of access to, rectification of and objection to use of their personal data, by making their request by postal letter, email or through the Site’s contact form. For more information about our personal data policy, click here.
ARTICLE 14- WARRANTIES AND LIABILITY
The Customer benefits from the provisions of the legal warranty against hidden defects.
Vallis Clausa declines all liability should the Product delivered not comply with the legislation of the country of delivery other than France.
Vallis Clausa undertakes to provide all habitual care in its profession to perform the service offered to the Customer. However, Vallis Clausa’s disclaims all liability should it be unable to meet its contractual obligations due to a fortuitous event or a case of force majeure as defined by the case law established by the French courts.
Vallis Clausa disclaims all liability in the event of a delay due to a stock-out of the publisher or supplier. In addition, in the event of minor differences between the photographs presenting Products on the Site, texts and illustrations and the Products ordered, Vallis Clausa’s liability shall not be incurred.
Vallis Clausa shall use all the means at its disposal to perform the services that are the subject-matter of these T&C. In no event may we be held liable in relation to professionals for loss of profits, business losses, loss of data or loss of earnings or any other indirect harm which was not foreseeable when using the Site or when concluding the contract of sale.
ARTICLE 15 - COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this Site may send us comments, customer recommendations, or any other content; submit suggestions, ideas, questions or other information to us provided such content is not illegal, obscene, abusive, threatening, defamatory, slanderous, infringing intellectual property rights, or prejudicial to third parties and does not consist of or contain computer viruses, political activism, commercial canvassing, bulk emails, chains or any other form of “spam” . The User must not use a false email address, impersonate a person or entity, or lie about the origin of the content. Vallis Clausa reserves the right, at its sole discretion, to remove or modify any content, in particular for technical reasons (insufficient storage capacity, viruses, clarity of the web page) or for legal reasons (statements which are defamatory, mendacious, racist, obscene or which defend crimes against humanity). The above reasons are examples only and must not be viewed as exhaustive.
If a Customer communicates content to enable Vallis Clausa to provide them with Customised Products (text, image, logo, etc.) the Customer represents and warrants that it is the owner or has the necessary rights in the content that they have transferred to Vallis Clausa; that on the date of transfer of the content, the content is accurate and truthful, that use of the content shall not harm a third party (in particular that the content shall not be defamatory). The Customer undertakes to indemnify Vallis Clausa in the event of any action by a third party against Vallis Clausa, except where Vallis Clausa’s liability could be sought for not having withdrawn any content whose unlawful nature has been notified to it, provided that such action has as its cause, basis or origin, the content that the Customer has transferred to us.
ARTICLE 16 - APPLICABLE LAW AND COMPETENT COURTS
These T&C are governed by French law and the Vienna Convention on Contracts for the International Sale of Goods. All disputes relating to the commercial relationship shall be referred to the non-exclusive jurisdiction of the French courts. They are written in French. Should they be translated into a foreign language, only the French version shall be authentic in the event of a dispute.