BTC GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

Applicable to consumer customers from 20.07.2023


  1. Who are we? UNAVELA is a simplified joint-stock company with a 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. How can you contact us?

  • Via the following form: https://unavela.store/pages/contact

  • By post: UNAVELA 129 AV DU GAMOUNA 31150 BRUGUIERES

  • By email: unavela.handmade@gmail.com

  • By phone: 07 69 24 54 48


  1. What is the purpose of these General Terms and Conditions of Sale? These General Terms and Conditions of Sale (“GTC”) define the conditions under which UNAVELA sells its products to consumer customers (“Customer(s)”) on its website (“Site”).  


  1. How do the GTC apply? These GTC apply without restriction or reservation to all sales concluded by UNAVELA with Customers. The Customer acknowledges having the legal capacity required to enter into a contract and purchase the products offered on the Site. The GTC are accessible online. They are accepted by the Customer during the ordering process by ticking a checkbox. They may be subsequently modified, and 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, including all substantial information required by applicable regulations, in particular specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site in the product pages. The Customer must read them before placing any order. The choice and purchase of a product are the sole responsibility of the Customer. Product offers are valid while stocks last, as indicated when the order is placed.


  1. What are the steps to 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 GTC

  • Pay for the order


UNAVELA will acknowledge receipt of the order electronically without undue delay. Only the French language is available for the conclusion of the contract. Unless proven otherwise, the data recorded in UNAVELA’s computer system constitute proof of all transactions concluded with the Customer.


  1. What is the price? Products are supplied at the prices in force at the time the order is placed. Prices are indicated including all taxes but excluding delivery costs. Delivery costs are automatically calculated according to each order and appear in the order summary before payment. Any order delivered outside mainland France may be subject to local taxes, customs duties, sea duties and customs clearance fees upon delivery. Their payment is the responsibility of the Customer. Products remain the property of UNAVELA until full payment of the price has been received.


  1. What are the payment methods? You may pay by bank 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. In the event of a payment incident or failure to comply with the payment conditions stated above, UNAVELA reserves the right to suspend or cancel the delivery of orders in progress placed by the Customer. The Customer may never, on the grounds of a complaint made by them, withhold all or part of the amounts owed or carry out a set-off.


  1. How is delivery carried out?

    1. Delivery restrictions : Delivery restrictions are indicated at the latest at the beginning of the ordering process. It is the Customer’s responsibility to check with the local authorities of their country for any limitations on the importation or use of the products or services they intend to order.

    2. Delivery time : Unless otherwise specified, UNAVELA delivers the goods without undue delay and no later than thirty days after the conclusion of the contract.

    3. Failure or delay in delivery : In the event of unavailability of the goods or failure by UNAVELA to fulfil its delivery obligation, the Customer may rely on the provisions of Article L216-6 of the French Consumer Code.

    4. Delivery address : Delivery is made to the address indicated by the Customer when placing the order.

    5. Delivery price : Information relating to delivery costs is available at the time of ordering.

    6. Transport risks : Any risk of loss or damage to the goods is transferred to the Customer when the Customer, or a third party designated by them and other than the carrier proposed by UNAVELA, takes physical possession of the goods. The Customer is advised to refuse delivery if the goods are damaged, missing, or if the parcel has been opened or repackaged. In case 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 their employees and send the carrier a registered letter repeating these reservations within three days following delivery.


  1. How can I withdraw from the contract?

    1. Withdrawal period - You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party designated by you other than the carrier, takes physical possession of the goods.

    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 (for example, a letter sent by post or email). You may use the model withdrawal form but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

    3. Effects of withdrawal - If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs, without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw. We will carry out the reimbursement using the same payment method used for the initial transaction, unless you expressly agree otherwise. In any event, this reimbursement will not incur any fees for you. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

    4. Return of products - You must return the goods to us without undue delay and in any event no later than fourteen days after you have notified us of your withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.

    5. Return costs - You will have to 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 price”.

    6. Liability - You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

    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: +33 (0)7 69 24 54 48

  • Email: unavela.handmade@gmail.com



The consumer has a period of two years from delivery of the goods to obtain the application of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity and not the date on which it appeared.

When the contract provides for the continuous supply of digital content or a digital service for a period longer than two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to prove the existence of the defect affecting the digital content or digital service.

The legal guarantee of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a price reduction or terminate the contract with a full refund against return of the goods if:

1° The professional refuses to repair or replace the goods

2° The repair or replacement takes place after thirty days

3° The repair or replacement causes significant inconvenience for the consumer

4° The lack of conformity persists despite the seller’s attempt to bring the goods into conformity

The consumer also has the right to a price reduction or termination of the contract if the lack of conformity is sufficiently serious to justify an immediate price reduction or termination.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period.

These rights result from the application of Articles L217-1 to L217-32 of the French Consumer Code.

The seller who obstructs the implementation of the legal guarantee of conformity in bad faith may incur a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the 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 a full refund against return of the goods.



  1. What is our liability? UNAVELA is automatically liable towards the consumer for the proper performance of the obligations resulting from a contract concluded at a distance, 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 them. However, UNAVELA may be exempt from all or part of its liability if it proves that the non-performance or improper performance of the contract is attributable either to the consumer, to the unforeseeable and unavoidable act of a third party to the contract, or to a case of force majeure.


  1. How are personal data managed? For more information, please consult our Privacy Policy.

    1. Data controller: UNAVELA

    2. Purposes and legal basis of processing: commercial management and management of unpaid debts and litigation (performance of the contract), accounting (legal obligation), commercial prospecting (consent or legitimate interest), organisation of promotional games or competitions (consent or legitimate interest), management of rights requests (performance of the contract), management of reviews concerning products, services or content (legitimate interest or consent).

    3. Recipients: service providers responsible for audits, bodies, legal assistants and officers involved in debt recovery procedures, payment and transport service providers.

    4. Retention criteria: your data will only be retained for the time necessary to achieve the purposes mentioned above and in accordance with applicable legal retention obligations.

    5. Rights of individuals: right of access, rectification, portability and erasure, right to request restriction of processing, right to object to the processing of your data for legitimate reasons and right to withdraw consent at any time where processing is based on consent. Right to lodge a complaint with the competent supervisory authority for personal data protection.

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

    7. European Online Dispute Resolution platform : Consumers are informed of the existence of the Online Dispute Resolution platform and may use it to resolve disputes : https://ec.europa.eu/consumers/odr/


  1. Applicable law : French law applies and French courts have jurisdiction, without excluding the application of mandatory consumer protection provisions or more protective mandatory law that may be applied by a foreign court seized by a consumer in their country. If any clause or provision of these terms is declared void or illegal by a final court decision, such nullity or illegality shall not affect the other clauses and provisions, which shall remain in force.


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 number:

Order number:

Ordered on*/Received on*:

Name:

Address:

Signature :

Date :

*Delete as appropriate