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legal notice

Owner of the website

The unavela.fr website is published by UNAVELA, a simplified joint stock company with share capital of €1,000, registered with the Toulouse Trade and Companies Register under number 953 474 335, VAT FR08953474335.

Director of publication: Javier De Andres Garcia

To contact us :

Head office address: UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES

Contact form: https://unavela.store/contact-en/

Email : unavela.handmade@gmail.com

Telephone : 07 69 24 54 48

 

Website host

Key-Systems GmbH

Address: Im Oberen Werk 1 66386 Sankt Ingbert Denmark

Telephone: +49.68949396850

Mail: info@key-systems.net

 

Intellectual property 

Our website refers the user to other websites via hypertext links. UNAVELA cannot be held responsible for the content of these sites, which are the sole responsibility of their owners. Hyperlinks to our web site may only be created with the prior written authorisation of our company. The content of this site is covered by French and international legislation on copyright, intellectual property, literary and artistic property and other similar rights. UNAVELA retains all economic and moral rights relating to the documents on this site, subject to the rights enjoyed by the authors of works published on this site. Thus, all reproduction rights, on electronic or paper media, are reserved, including for downloadable documents and iconographic and/or photographic representations. Visitors to our website shall refrain from collecting, capturing, distorting or using the information to which they have access. UNAVELA is also the producer of its database, which is protected in this respect. Any extraction or re-use of its database without our authorisation is prohibited.UNAVELA prohibits the extraction or repeated and systematic re-use of qualitatively or quantitatively insubstantial parts of the content of its database within the limits provided for by law. Any total or partial reproduction or representation of this site by any means whatsoever is prohibited and constitutes an infringement punishable by articles L 335-2 et seq. of the French Intellectual Property Code.

 

Protection of personal data 

UNAVELA may collect personal data about you. To find out more, please consult our confidentiality policy, which describes our company's policy on the protection of personal data.

 

Reporting unlawful content 

We make every effort to ensure that the content of our site complies with the regulations in force. We invite you to report any illegal content to us as soon as possible and in the manner prescribed by law. To report inappropriate content

By e-mail to unavela.handmade@gmail.com

Public facility: https://www.internet-signalement.gouv.fr/PharosS1/

 

Privacy Policy

 

Our privacy policy is designed to inform you about how we use your personal data. We also explain your rights and how to exercise them.

 

  1. Who processes your data?

The data controller is UNAVELA

Registered office address: UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES

Additional information: See legal notice 

 

  1. What data do we collect?

Postal address: when you place your order. This information will be sent to the carriers to enable them to deliver your order. 

Email address: when you place your order, so that we can keep you informed of the progress of your order, when you contact us so that we can respond to your request, and when you subscribe to our commercial communications. 

Identification data (surname, first name): when you place your order, to identify you, draw up the invoice and send you the products. This data will be transmitted to the carriers to enable them to deliver your order. 

Payment details: when you place your order. This data is transmitted to our banking partners and payment service providers. 

Transaction data: when you place your order to finalise the transaction.Cookies and other connection data: During browsing on the Site, to enable browsing on the Site and the management and traceability of services ordered by the user.

 

  1. What processing operations are carried out? 

3.1 Commercial management

  • Data concerned: Surname, first name, postal address, telephone number, e-mail address
  • Legal basis and purpose of processing: 
    • On the basis of the performance of the contract: Management of the contractual relationship, bookkeeping, management of after-sales service, guarantees, management of complaints, management of requests for rights.
    • On the basis of legitimate interest: statistics, satisfaction surveys and customer studies.

3.2. Commercial prospecting

  • Data concerned: postal address, telephone number, e-mail address
  • Legal basis and purpose of processing: 
    • On the basis of consent: commercial prospecting.
    • On the basis of legitimate interest: commercial canvassing for similar products and services.

Where data is processed for the purpose of canvassing, you may object without giving any reason to any commercial canvassing; for more information on objection lists: https://www.cnil.fr/fr/les-listes-dopposition.

Where processing is based on your consent, you have the right to withdraw it at any time. 

The consumer is informed of his or her right to register on the opposition list against telephone canvassing: https://www.bloctel.gouv.fr/ 

3.3 Management of the website

  • Data concerned: Browsing data, data relating to the management of technical services; cookies.
  • Legal basis and purposes of processing 
    • On the basis of legitimate interest: functional cookies (website operation and security).
    • Based on consent: audience measurement cookies.

To find out more about cookies: https://www.cnil.fr/fr/cookies-et-autres-traceurs 

3.4 Management of social accounts

  • Data concerned: Data visible on the social network platforms concerned
  • Legal basis and purposes of processing: On the basis of legitimate interest: management of social accounts, i.e. technical administration of accounts; interactions with users of social networks; statistics.

 

  1. How long do we keep data?

Personal data is kept in a form that allows identification of the persons concerned for no longer than is necessary for the purposes for which it is processed.

Data may be retained at a later date in the following cases where retention is necessary:

  • To exercise the right to freedom of expression and information, 
  • To comply with a legal obligation, 
  • The performance of a task carried out in the public interest or in the exercise of official authority vested in the controller,
  • For reasons of public interest in the field of public health, 
  • For archival purposes in the public interest, 
  • For scientific or historical research or statistical purposes, 
  • Or for the establishment, exercise or defence of legal claims.

The criteria for determining retention periods are as follows:

  • Legal or regulatory provisions. 
  • The doctrine and case law of the supervisory authorities.
  • Sector-specific references.

 

  1. How are data transfers managed? 

5.1. Transfers to countries offering an adequate level of protection. Personal data may be transferred from the European Union to a country that has been recognised as offering an adequate level of protection for personal data under the terms of adequacy decisions published by the European Commission, without any additional guarantees being required.

5.2. Transfers to third countries. In accordance with the provisions of Articles 44 et seq. of the GDPR any transfer of data outside the European Union:

  • Is based on an adequacy decision; or
  • Is governed by internal company rules ("BCR"), standard data protection clauses, a code of conduct or a certification mechanism approved by the CNIL; or
  • Is governed by ad hoc contractual clauses authorised in advance by the CNIL; or complies with one of the derogations provided for in Article 49 of the GDPR.

 

  1. Who will receive your data? 

Our company: Data is processed internally by persons duly authorised for this purpose and within the limits of their respective responsibilities. 

Authorised third parties: Data may be communicated to duly authorised French and/or foreign authorities, particularly in the context of legal or administrative proceedings (including arbitrators, mediators, the relevant ministries, supervisory and control authorities, any public bodies authorised to receive said data, etc.).

Our service providers. Our service providers ("subcontractors") may be qualified as recipients. The categories of recipients are

  • Payment service providers, banks
  • Hosting service providers
  • IT service providers
  • Transport service providers

 

  1. What are your rights?

To find out more about your rights to control your personal data: cnil.fr

7.1. Right of access to your personal data (article 15 of the RGPD). The right of access allows you, among other things, to find out whether data concerning you is being processed and to obtain a readable copy in an understandable format. In particular, it allows you to check the accuracy of the data.

7.2. Right of rectification (article 16 of the RGPD). The right of rectification allows you to modify, correct or update data concerning you in order to limit the use or dissemination of incorrect information;

 

7.3. Right to erasure (article 17 of the GDPR). The right to erasure allows you to have your data erased;

7.4. Right to limit processing (article 18 of the RGPD). The right to limitation allows you to temporarily stop the use of data concerning you, for example while we examine a dispute on your part concerning the use of your data or a request to exercise your rights.

7.5. Right to data portability (article 20 of the RGPD). The right to data portability allows you to recover part of your data in a machine-readable format for your own use or to provide it to another organisation;

7.6. Right to object (Article 21 of the RGPD). The right to object allows individuals to object to their data being used for a specific purpose;

7.7. Request human intervention (article 22 of the GDPR). You have the right not to be subject to a decision based exclusively on automated processing. You may obtain human intervention on our part, express your point of view and contest the decision.

7.8. The right to define directives concerning the fate of your personal data after your death,

7.8. The right to lodge a complaint with a supervisory authority (the CNIL in France).

 

  1. How can you exercise your rights? 

You may exercise your rights directly with the data controller:

  • By email to unavela.handmade@gmail.com
  • By post to UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES

If there are reasonable doubts as to the identity of the natural person making the request referred to above, the data controller may request that additional information necessary to confirm the identity of the data subject be provided.

These rights may be exercised directly with the data controller, who shall provide the data subject with information on the measures taken in response to a request made as soon as possible and in any event within one month of receipt of the request. If necessary, this period may be extended by two months, depending on the complexity and number of requests.

To find out more about your rights, visit the CNIL website. 

Update: This page may be modified at any time, in particular to take account of changes to our sites, regulations, doctrine or any other reason deemed necessary. We recommend that you consult this page regularly to take note of the latest changes. 

Last update: 24/07/2023

 

Terms of Sale BTB

 

Applicable to professional customers from 07.08.2023

 

  1. The Seller. The Seller is UNAVELA, a simplified joint stock company with share capital of €1,000, whose registered office is located at 129 AV DU GAMOUNA 31150 BRUGUIERES, registered with the Toulouse Trade and Companies Register under number 953 474 335, VAT FR08953474335.

 

  1. Purpose. In accordance with Article L441-1 of the French Commercial Code, these General Terms and Conditions of Sale ("GTCS") constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which UNAVELA supplies products sold by UNAVELA to professional customers ("Customer(s)") who request them via the UNAVELA web site, by direct contact or via a paper medium.

 

  1. Enforceability. The General Terms and Conditions of Sale shall apply without restriction or reservation to all sales made by UNAVELA to Customers in the same category, regardless of any clauses that may appear in the Customer's documents, and in particular the Customer's general terms and conditions of purchase. The General Terms and Conditions are accessible online. They may be modified at any time at UNAVELA's discretion, with immediate application; only the latest version published online shall be applicable.

 

  1. Acceptance. Placing an order with UNAVELA implies the Customer's full and unreserved acceptance of these conditions to the exclusion of any other document. Unless expressly accepted in writing by UNAVELA, any condition to the contrary imposed by the Customer shall be unenforceable.

 

  1. Orders. All orders shall be considered firm and definitive as soon as UNAVELA has received the Customer's agreement to the quotation drawn up, by any means (e-mail, letter) or as soon as they have been confirmed in writing by UNAVELA. In the event of a shortage, UNAVELA shall respond to orders in the order in which they are received and subject to availability. UNAVELA shall have the right to refuse any order that is abnormal in nature, and in particular, any order with a delivery time that is unreasonable in relation to the usual delivery times or any order that significantly exceeds the quantities usually placed without precise justification. For orders placed exclusively via the internet, an order shall be recorded on the UNAVELA web site when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order. This validation implies acceptance of all of these GCS and constitutes proof of the sales contract. Acceptance of the order will be confirmed by e-mail. The data recorded in UNAVELA's computer system shall constitute proof of all transactions concluded with the Customer.

 

  1. Prices. The products are supplied at the prices in force at the time the order is placed and, where applicable, in the specific commercial proposal sent to the Customer. Prices are expressed in euros and take into account the VAT applicable on the date of the order; any change in the rate may be passed on to the price of the products and services. Prices shown on quotations are only valid for a maximum of 30 calendar days. Prices are net, excluding transport, tax, ex-works, packaging not included. They do not include transport, customs duties or insurance, which are the responsibility of the Customer. Any tax, duty or other service to be paid in application of French regulations or those of an importing country or a country of transit shall be borne by the Customer. Any personalised service accepted by UNAVELA shall be assessed on a case-by-case basis and invoiced on the basis of a previously accepted quotation. Special pricing conditions may be applied depending on the specific features requested by the customer, particularly with regard to delivery terms and deadlines, or payment terms and conditions. 

 

  1. Financial terms and conditions. UNAVELA shall communicate the amount of the orders requested by any means. Any change to the nature of the order made by the Customer during the creation or execution of the order will be invoiced additionally on the basis of a quotation or, failing this, on the basis of the price applicable on the day the Customer requests the change. Any additional costs incurred by UNAVELA in carrying out the order shall be re-invoiced to the Customer. A deposit of 50% of the total purchase price of the products shall be required when the order is placed. The balance of the price is payable in cash on the day of despatch. Unless otherwise stated on the invoice, it must be paid within a maximum of 30 days from the date of issue.  No payment may be considered as a deposit. Any credit notes are valid for 1 year from their date of issue; after this period they are neither refundable nor can they be offset against an invoice. The following methods of payment may be used: bank transfer, credit cards.

 

  1. Late payment. In the event of late payment, UNAVELA may suspend all orders in progress, without prejudice to any other course of action. Late payment penalties at the rate of five times the legal interest rate shall be due in the event of non-payment on the day following the payment date shown on the invoice, without this clause precluding additional damages. Any delay in payment will result in the payment of a fixed indemnity for collection costs of €40, without precluding the possibility of applying additional compensation if the collection costs incurred exceed this amount. Unless otherwise agreed, the amount of this late payment interest shall be deducted automatically from any discounts, rebates or discounts due by UNAVELA. These penalties and charges shall be payable at the simple request of UNAVELA. Under no circumstances may payments be suspended or be subject to any form of compensation without the prior written agreement of UNAVELA. Any partial payment will first be applied to the non-preferential part of the debt, then to the sums that are due the earliest. UNAVELA does not intend to grant any discount for payment in cash or on a date earlier than that resulting from the GTCS or the date shown on the invoice.

 

  1. Reservation of ownership. UNAVELA reserves the right to retain ownership of the products sold until the price has been paid in full by the Customer, allowing UNAVELA to repossess the said products. Any deposit paid by the Customer shall remain the property of UNAVELA by way of lump-sum compensation, without prejudice to any other action that UNAVELA may be entitled to take against the Customer as a result. On the other hand, the risk of loss and deterioration will be transferred to the Customer on delivery of the products ordered. Consequently, the Customer undertakes, at his/her own expense, to insure the products ordered, in favour of UNAVELA, by means of an ad hoc insurance policy, until full transfer of ownership and to provide proof of this to UNAVELA on delivery. Failing this, UNAVELA shall be entitled to delay delivery until such proof has been provided.

 

  1. Deliveries.

10.1. Methods of delivery. Delivery shall be made in accordance with the order, either by direct handover of the product to the Customer, or by simple notice of availability, or by delivery to a shipper or carrier on UNAVELA's premises. Any additional carriage costs, calculated according to weight, shall be borne by the Customer.

10.2. Delivery times. Deliveries will only be made subject to availability and on a first come, first served basis. UNAVELA shall be authorised to make full or partial deliveries. Delivery times shall be indicated as accurately as possible, but shall be subject to UNAVELA's supply and transport possibilities. Exceeding the delivery time shall not give rise to any damages, deductions or cancellation of orders in progress.

10.3 Risk. Products may be delivered carriage paid or cash on delivery to the agreed location; in all cases, they travel at the risk and peril of the recipient who, in the event of damage or shortage, is responsible for making all necessary observations and confirming his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three days of receiving the goods. UNAVELA shall not guarantee any defects or non-conformities that have not been notified in accordance with the aforementioned conditions. It is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies observed. The Customer shall allow UNAVELA every facility to proceed with the observation of these defects and to remedy them. The customer shall refrain from intervening himself or having a third party intervene for this purpose. For products sold in packaged form, the weights and measures at the time of delivery shall be taken as proof of the quantities delivered. The duration of the acceptance or verification procedure may not have the effect of either increasing the duration or shifting the starting point of the maximum payment period.

 

10.4. Returns. It is forbidden to refuse or return goods, except in the case of non-conformity or failure to meet the delivery date. Any return of goods must be the subject of a prior formal agreement between UNAVELA and the Customer. Proof of failure must be provided by the Customer by any means. UNAVELA shall have a reasonable period of time to check and, if necessary, contest the reality of the corresponding complaint. Any product returned without this agreement will be held at the Customer's disposal and will not give rise to compensation. The costs and risks of the return are always borne by the Customer. No returns will be accepted after a period of 5 calendar days following the delivery date. Goods returned shall be accompanied by a returns note to be attached to the parcel and must be in the condition in which they were delivered by UNAVELA. In the event of an apparent defect or non-conformity in the products delivered, duly noted by UNAVELA under the conditions set out above, the Customer may obtain a free replacement or reimbursement for the products, at UNAVELA's discretion, to the exclusion of any compensation or damages.

 

  1. Warranty. The products are guaranteed against any material or manufacturing defect rendering them unfit for their intended use, for a period of 30 days from the date of delivery. Interventions under the guarantee shall not have the effect of extending the duration of the guarantee. This guarantee is limited to the replacement or reimbursement of products that do not conform or are affected by a defect. All warranties are excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the product, force majeure, use in conditions other than those for which they are intended (in particular transport, storage and conservation), shocks, falls or negligence. In order to assert his/her rights, the Customer must inform UNAVELA, in writing, of the existence of the defects within a maximum period of 7 days from the date of discovery, failing which any action relating to the defect will be forfeited. UNAVELA shall replace or repair the products or parts under guarantee that are judged to be defective. This warranty also covers labour costs. The replacement of defective products or parts shall not have the effect of extending the duration of the above-mentioned warranty. The guarantee shall not apply if the products have been subjected to abnormal use, or have been used in conditions other than those for which they were manufactured, particularly in the event of failure to comply with the conditions prescribed by UNAVELA. Neither does it apply in the event of deterioration or accident caused by impact, dropping, negligence, lack of supervision or maintenance, or in the event of transformation of the product.

 

  1. Intellectual property rights. These conditions do not entail any transfer of intellectual property rights to the Customer. The Customer may therefore neither assign nor pass on these rights to a third party, nor have UNAVELA products manufactured using UNAVELA's manufacturing processes and recipes by a third party unless UNAVELA has given its express written consent. The Customer undertakes not to divulge to third parties any information sent by UNAVELA, and in particular any recipes, tricks of the trade, formulas, trade secrets, know-how, processes, copyrights, drawings, models, patents, colours, logos, developments, packaging, presentation and more generally any creations made within the framework of the production and execution of orders.

 

  1. Private label. Any product manufactured under the Customer's brand name requires the Customer to provide UNAVELA with all the expected characteristics, which must be accepted in writing by UNAVELA. UNAVELA, having produced the products ordered by the Customer in accordance with all the requirements of the Customer's specifications, shall not under any circumstances be able to guarantee the Customer against any possible infringement action by a third party. The Customer is solely responsible for all specifications and is solely responsible for the choice of products ordered and their suitability for its needs and for the regulations applicable in the countries in which it intends to distribute the products ordered.

 

  1. Sub-contracting. UNAVELA may sub-contract all or part of the services ordered by the customer to any sub-contractor of its choice.

 

  1. Complaints. Any complaint from the Customer concerning the Service Provider's Service must be sent to the Customer by registered letter with acknowledgement of receipt within 7 days of the first delivery of the Service.

 

  1. Responsibility. The products sold by UNAVELA conform to the description given on the product sheet. The Customer alone is responsible for the conditions under which the products are received, stored and offered for sale. UNAVELA's liability may only be incurred in the event of proven fault or negligence and shall be limited to the direct damage suffered by the customer, to the exclusion of any indirect damage of any nature whatsoever and in particular any loss of opportunity, customers, results, operating or commercial damage or loss of data and/or files. In any event, should UNAVELA be held liable, the total amount of any sum payable by UNAVELA shall not exceed the total amount of the price paid by the Customer for the order in question. By express dispensation from the provisions of article L. 110-4 of the French Commercial Code and in accordance with the provisions of article 254 of the French Civil Code, all claims, disputes and actions against UNAVELA under these conditions, whatever their nature or basis, shall be subject to a limitation period of 1 (one) year from the date of the event giving rise to the action. The Customer waives the benefit of articles 1221 and 1222 of the Civil Code.

 

  1. Personal data. 

17.1. Data controller: UNAVELA 

17.2. Purposes and legal basis of processing :  Commercial management and management of unpaid invoices (contract performance), accounting, commercial prospecting (consent and legitimate interest); 

17.3. Category of recipients: Service provider to the services responsible for control, to organisations, auxiliaries of justice and ministerial officers within the framework of their debt recovery mission, transport and banking service providers.

17.4. Criteria used to determine retention periods: Your data will only be retained for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable to commercial matters. 

17.5. Rights of data subjects: right of access, rectification, portability and erasure. Right to request limitation of data processing. For legitimate reasons, the right to object to the processing of data concerning you and the right to withdraw consent at any time where the processing of personal data is based on such consent. The right to lodge a complaint with the competent supervisory authorities regarding the protection of personal data. 

17.6. Exercise of rights: UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES

 

  1. References. UNAVELA is authorised to use and reproduce the Customer's name, logo and brand on any promotional material as a commercial reference; in this respect, the Customer grants UNAVELA a worldwide, non-exclusive, non-transferable, royalty-free, revocable licence for the duration of the protection of its intellectual property rights on its logos and brands, on any material. UNAVELA shall have the right, in publications, on its website and social networks, at exhibitions and events, during contacts with potential customers or in other similar circumstances, to take advantage of its collaboration with the Customer and to refer to the work carried out.

 

  1. Entirety of the commitments - Any tolerance or waiver by one of the parties, in the application of all or part of the commitments provided for in this contract, whatever the frequency or duration, shall not constitute a modification of this contract, nor generate any right whatsoever. This contract represents the entire agreement between the parties. It replaces and cancels any previous oral or written undertaking relating to the subject of this contract.

 

  1. Mediation. Any disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be submitted, at the option of the parties :
  • Mediation in accordance with the mediation rules of the CMAP, to which the parties declare that they adhere, or
  • To the Company Mediator or
  • Any other mediation centre or mediator approved by both parties.

The mediator's fees, if any, shall be shared equally by the Parties.

 

  1. Disputes. These terms and conditions are governed by French law. The Commercial Court of Toulouse will have exclusive jurisdiction for any dispute concerning directly or indirectly the negotiation, existence, validity, execution, non-execution, interpretation, termination or consequences of the GCS and more generally the relations between the parties, including their termination.

 

Terms of Sale BTC

Applicable to consumer customers from 20.07.2023

 

  1. Who is UNAVELA? UNAVELA is a société par actions simplifiée (simplified joint stock company) with share capital of €1,000, having its registered office at 129 AV DU GAMOUNA 31150 BRUGUIERES, registered with the Toulouse Trade and Companies Register under number 953 474 335, VAT FR08953474335. 

 

  1. How can you contact us? 

Via the following form: https://unavela.store/fr/contact-fr/

By post: UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES

By e-mail: unavela.handmade@gmail.com

By telephone: 07 69 24 54 48

 

  1. What is the purpose of the GTCS? The purpose of these general terms and conditions of sale ("GTCS") is to define the conditions under which UNAVELA sells its products to consumer customers ("Customer(s)") on its internet site ("Site").  

 

  1. How do the GCS apply? The GCS apply without restriction or reservation to all sales made by UNAVELA to Customers. The Customer acknowledges that he/she has the legal capacity required to contract and purchase the products offered on the Site. The General Terms and Conditions of Sale are accessible online. They are accepted by the Customer during the ordering process by means of a tick box. They may be amended at a later date. The version applicable to the Customer's purchase is the one in force on the Website on the date the order is placed.

 

  1. What are the characteristics of our products? The main characteristics of the products, which include all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Site in the product sheets. The Customer is obliged to familiarise himself/herself with this information before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed. 

 

  1. How do I place an order? It is the Customer's responsibility to :
  • Select the product(s) on the Site
  • Confirm the order
  • Check the order and, if necessary, correct any errors 
  • Accept the Terms and Conditions
  • Pay for the order

UNAVELA shall electronically acknowledge receipt of the order sent to it without undue delay. Only the French language is offered for the conclusion of the contract. In the absence of proof to the contrary, the data recorded in UNAVELA's computer system shall constitute proof of all transactions concluded with the Customer.

 

  1. What is the price? Products are supplied at the prices in force when the order is placed. Prices include all taxes, but exclude delivery costs. Delivery costs are calculated automatically for each order and appear on the order summary before payment. Any order delivered outside mainland France may be subject to any local taxes, customs duties, sea grants and customs clearance fees at the time of delivery. The Customer is responsible for paying these charges. The products shall remain the property of UNAVELA until full payment has been received.

 

  1. What methods of payment are available? You may pay by credit card. The price is payable in full on the day the order is placed. Any payment made to UNAVELA shall not be considered as a deposit. UNAVELA reserves the right, in the event of a payment incident or failure to comply with the above payment conditions, to suspend or cancel the delivery of any orders in progress placed by the Customer. The Customer may never, on the grounds of a complaint made by him, withhold all or part of the sums owed by him or operate a set-off.

 

  1. How is delivery carried out? 

9.1. Delivery restrictions. Delivery restrictions are indicated at the latest at the beginning of the order process. It is the Customer's responsibility to check with the local authorities in their country for any restrictions on the import and/or use of the products or services they intend to order. 

9.2. Delivery times. Unless otherwise specified, UNAVELA shall deliver the goods without undue delay and no later than thirty days after the conclusion of the contract. 

9.3. Failure or delay in delivery. If the goods are unavailable or if UNAVELA fails to fulfil its delivery obligation, the Customer may invoke the provisions of article L216-6 of the French Consumer Code.

9.4. Delivery address. Delivery shall be made to the address indicated by the Customer when placing the order.

9.5. Delivery price. Information about the cost of delivery is available when the order is placed. 

9.6. Transport risks. All risk of loss of or damage to the goods shall pass to the Customer at the time when the Customer or a third party appointed by the Customer, other than the carrier offered by UNAVELA, takes physical possession of the goods. The Customer is advised to refuse delivery if the goods are damaged or missing, or if the package has been opened or repackaged. In the event of loss or damage, the Customer must make precise and detailed written reservations on the carrier's delivery note in the presence of the carrier or the carrier's employees and send the carrier a registered letter setting out the reservations within 3 days of delivery.

 

  1. How do I retract? 

10.1. Withdrawal period - You have the right to withdraw from this contract without giving any reason within a period of 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, takes physical possession of the goods.

10.2. Notification of withdrawal - To exercise the right of withdrawal, you must notify Us (UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES, 07 69 24 54 48, unavela.handmade@gmail.com) of your decision to withdraw by means of an unambiguous statement (e.g. letter sent by post or e-mail). You may use the model withdrawal form, but this is not compulsory. For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

10.3 Effects of withdrawal. If you withdraw from this contract, we will refund all payments received from you, including delivery charges, without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer the refund until we have received the goods or you have provided proof of dispatch of the goods, whichever is the earlier.

10.4. Return of goods. You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been observed if you return the goods before the fourteen-day period has expired. 

10.5. Return costs. You must bear the direct cost of returning the goods. These costs can be estimated on the LA POSTE website (https://www.laposte.fr/particulier) by clicking on "calculate a rate". 

10.6 Liability. You are only liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

10.7 Exclusions - The right of withdrawal is excluded for products and services listed in article L221-28 of the French Consumer Code. 

 

  1. What are the legal guarantees?

Professional responsible for legal guarantees : 

  • Name: UNAVELA
  • Postal address : 129 AV DU GAMOUNA 31150 BRUGUIERES
  • Telephone number : 07 69 24 54 48
  • E-mail address : unavela.handmade@gmail.com

 

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. The legal guarantee of conformity requires the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him. If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension of the initial guarantee. If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the good is replaced. 

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :

1° The trader refuses to repair or replace the goods;

2° The goods are repaired or replaced after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand. The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period of immobilisation of the goods with a view to their repair or replacement suspends the guarantee that remained in force until the delivery of the repaired goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code). 

Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.

 

  1. What is our liability? UNAVELA shall be fully liable to the consumer for the proper performance of the obligations arising from the distance contract, whether these obligations are performed by the professional who concluded the contract or by other service providers, without prejudice to its right of recourse against the latter. However, UNAVELA may exonerate itself from all or part of its liability by proving that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
  2. How are personal data managed? To find out more, consult our privacy policy.

13.1. Data controller : UNAVELA 

13.2 Purposes and legal basis for processing:  Commercial management and management of unpaid invoices and disputes (performance of the contract), accounting (legal obligation), commercial prospecting (consent or legitimate interest), organisation of competitions, lotteries or any promotional operation (consent or legitimate interest), management of requests for rights (performance of the contract), management of people's opinions on products, services or content (legitimate interest or consent). 

13.3 Category of recipients: Service providers in charge of control, organisations, auxiliaries of justice and ministerial officers as part of their debt recovery mission, payment and transport service providers. 

13.4. Criteria used to determine retention periods: Your data will only be retained for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable to commercial matters. 

13.5. Droits des personnes concernées : droit d'accès, de rectification, de portabilité et d’effacement. Droit de demander la limitation du traitement de données. Pour des motifs légitimes, droit de s’opposer au traitement des données vous concernant et droit de retirer son consentement à tout moment lorsque les traitements de données personnelles mis en œuvre se fondent sur celui-ci. Droit d’introduire une réclamation auprès des autorités de contrôle compétentes en matière de protection de données personnelles. 

13.6. Exercice des droits : UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES

13.7. Plateforme européenne de règlement en ligne des litiges. Le consommateur est informé de l’existence de la plateforme de règlement en ligne des litiges (RLL) et de la possibilité d'y recourir pour régler son litige. Lien électronique vers la plateforme de RLL :  https://ec.europa.eu/consumers/odr/

 

  1. Which law applies? French law is applicable and the French courts have jurisdiction without prejudice to the application of mandatory legislative rights granted to consumers or of a mandatory law that is more protective by a foreign court seized by a consumer in the corresponding country. If any of the clauses or provisions hereof should be annulled or declared illegal by a final court decision, such annulment or illegality shall in no way affect the other clauses and provisions, which shall continue to apply. 

 

Model withdrawal form 

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

For the attention of UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES: 

I/We* hereby notify you of my/our* withdrawal from the contract for the sale of the goods below. 

Customer no. :

Order number :

Ordered on*/Received on* :

Surname/First name : 

Address :

Signature Date 

*Delete as appropriate