General Conditions Of Sales

You would like to place an order on the website www.vanrycke.com.
We invite you to consult the General Conditions of Sale that you agree to accept when placing your order.

 

ARTICLE 1. PURPOSE - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

 

1.1  These general conditions of sale define :

- both the conditions of sale on the website www.vanrycke.com from which the products distributed by Vanrycke are sold (hereinafter the "Vanrycke Products") to natural or legal persons for their personal use, as well as the rights and obligations of the parties born from the online sale.

The Vanrycke Site is referred to as the "Site". Vanrycke products are referred to as the "Products".

These General Conditions of Sale are concluded between a natural or legal person wishing to make a purchase using the Site (hereinafter the "Client") and Lyie SAS the full coordinates of which are as follows:

- LYIE SAS,

A Simplified Joint Stock Company, listed in the Paris Trade and Companies Registry under number B 430 269 829, Intra-Community VAT FR41430269829, and with its head office located at 26 28 rue Danielle Casanova – 75002 Paris (Hereinafter "Vanrycke").

Therefore, by ordering a Product from the Site, the Client recognises that:
- they have full legal capacity
- by ordering a Product from the Site, they are concluding a contract with Vanrycke directly
- their order is governed by these General Conditions of Sale which the Client declares to accept without restriction or reservation. All orders imply unreserved acceptance of these General Conditions of Sale. This acceptance is in no way dependent upon a handwritten signature on the Client's part. In accordance with the provisions of articles 1316-1316-4 of the Civil Code, it is reminded that validation of the order form as specified in Article 3 constitutes an electronic signature which has the same value as a handwritten signature between the Parties.

1.2 Any other specific condition or any other specific document contained in documents provided by the Client (including the order) may not prevail over these General Conditions of Sale without prior express written agreement from Vanrycke.

It is specified that the Client may save or print these General Conditions of Sale on the condition that they are not modified.

1.3 Vanrycke reserves the right to modify these General Conditions of Sale. The Client will be informed of any new version of the latter on the Site; it is the Client's responsibility to take note of any changes.

The online version of the General Conditions of Sale on the Site shall prevail, where applicable, over any other version of said General Conditions of Sale with the exception, in accordance with common law, of modification that may have occurred after an order from the Client.

1.4 Consultation of the Site by the Client is also governed by the General Conditions of Use which can be accessed by clicking here and which the Client declares to accept without restriction or reservation.

 

ARTICLE 2. PRODUCTS

 

2.1 Presentation and description of the Products

On its website, Vanrycke presents various Products for sale, along with their detailed descriptions contained in the "details" appearing on the site, offering the Client the chance to find out, before placing an order, the key characteristics about each Product that they may buy from the Site and this in accordance with the provisions of article L.111-1 of the Consumer Code.

The information mentioned in each product "details" section is that provided by Vanrycke's manufacturing and communication department.

In this respect, Vanrycke takes the utmost care to ensure that the colour, design and presentation of the Products, photos of which are displayed on the website, are faithful to the original Products.

However, given the method of presenting the Products on the website, it is possible that the appearance perceived by the Client of the photographic representation of the Products does not correspond to the product itself exactly. It should also be noted that the weights indicated on the Products may vary due to the artisanal character of the manufacturing process. The photos, texts, graphics, information reproduced and illustrating the Products does not fall within the contractual scope. Vanrycke cannot be held responsible in the event of a manifest error between the products' characteristics and their representation.

 

2.2 Product availability

The Products offered for sale by Vanrycke are those that appear on the Site at the time of their consultation by the Client and within the limit of stock available. Vanrycke reserves the right, at any time, to modify or cease to offer the Products offered on the Site; these changes will, however, have no affect on the orders accepted by Vanrycke before these changes were applied.

 

2.3 Product prices

The prices applicable are those indicated in the Site at the time when the Client places their order.

The prices are indicated in Euros inclusive of all taxes. The prices are subject to French Value Added Tax (VAT) applicable on the order date.

The Client is informed that delivery costs are charged on top of the price of the Products and that these costs will be specifically indicated on the order summary and in the order confirmation email.

At any moment and without notice, Vanrycke reserves the right to modify the price of the Products without these changes having an effect on any orders having been accepted by Vanrycke before these changes were applied.

 

ARTICLE 3 - PRODUCT ORDERING AND PAYMENT PROCESS

 

3.1 Ordering a product

3.1.1 While browsing the Site, the Client has the opportunity to freely take note of the Products offered for sale on the Site at the time of their consultation.

In order to place an order, the Client clicks on "Add to shopping bag" on the right of the Products.

Each new addition to the basket will be indicated to the Client by means of a specific pop-up indicating the name of the item selected and mentioning "has been successfully added to your order".

At any moment, the Client may :
- obtain a summary of the Products they have selected or modify their order by clicking on "checkout" accessible on each page.
- complete their Product selection and pay for their order by clicking on "Complete your payment".

To pay for the Products they have selected, the Client clicks on "Checkout". An order summary will then appear on the screen. If the list shown matches the Products selected, the Client validates the summary by clicking on "Proceed to checkout".

3.1.2 Once the Product selection is complete, the Client shall provide their details by completely the form provided accurately.
The Client agrees to indicate:

-their surname(s), first name(s) and email address. Said email address must be perfectly valid and in a perfect state of operation.

-a postal billing address as well as an address to which the delivery may be made during business hours Monday to Friday for mainland France, including Corsica, Monaco, Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal,. Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.

3.1.3 Once the form is complete, an order summary will summarise all of the information relating to this order, notably: the nature, quantity and price of the Products, the total amount (including transport costs) of the order, the Client's coordinates, the delivery address and the billing address.

3.1.4 After having been made aware of their order's status, the Client will be invited to :

-either click "Proceed to ckeckout" to proceed to pay for their order
-or click on the right menu to add more Products to the order

The items in the order may be modified on the summary page by clicking "Checkout". The delivery address may also be changed at any time by accessing "My account" or changing the latter directly on the "delivery" page in the payment process after having clicked on "Proceed to checkout".

3.1.5 The Client will then be redirected to a secure webpage (STRIPE and PAYPAL platform) from where they will be asked to proceed to pay for their order under the conditions and terms of article 3.2 of these General Conditions of Sale.

3.1.6 The data saved by Vanrycke is proof of all transactions concluded between Vanrycke and the Client. In case of a dispute between the Parties relating to a transaction made on the Site, the data saved by Vanrycke is considered to be irrefutable proof of the content of the transaction. Order forms and invoices are saved on reliable and sustainable media able to be used as proof.

 

3.2 Payment for the order

3.2.1 Payment
Payment for the Products ordered takes place immediately over the Internet according to the instructions given for this purpose during the order validation process.

Payment will be made exclusively in Euros by bank card (debit card, Visa, MasterCard or Amex) or Paypal to the exclusion of any other payment method. Vanrycke uses secure payment platform with STRIPE and PAYPAL and therefore never has access to confidential information relating to the Client's payment method. In order to proceed with the payment due, the Client shall provide their bank card number, the expiry date of said card accompanied by, where applicable, the CVV number or paypal account informations. 

Therefore, the Client guarantees to Vanrycke that it has any permissions that may be required to use the payment method chosen at the time of validation of their order.

The order will be automatically cancelled in the event that the bank declines the payment. Once payment is made for the order, a payment receipt will be automatically sent to the Client by email via the financial entity selected by Vanrycke. The Client is informed that their bank account will be debited with the order amount when the payment is made.

3.2.2 Secure Payment
Payments to Vanrycke shop are made via PAYPAL and STRIPE secure payment systems and are 100% secure. 

 

3.3 Order conformation

3.3.1 Once payment has been made, an order and payment confirmation will be sent to the Client automatically by email.
These confirmation will include the following information :
- order reference
- the order summary (name of the Product(s) ordered, quantity, price) 
- the total order amount including all taxes 
- delivery charges
- delivery address.
- billing address.

3.3.2 In accordance with the provisions of article L.122-1 of the Consumer Code, Vanrycke shall have the right to refuse any abnormal order, an order placed in poor faith or an order unpaid due to the fraudulent use of a bank card.

 

ARTICLE 4 - DELIVERY AND RECEIPT OF THE ORDER

Vanrycke retains ownership of the Products ordered until full payment of the corresponding price is received.

 

4.1 Delivery to the Client

The Products will be delivered to the postal address provided by the Client at the time of their order; said address will appear in the order confirmation email.

The Products ordered by the Client on the Site will be delivered exclusively in mainland France, including Corsica, Monaco, Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.

The Client may track their order's delivery progress via a hypertext link providing access to a website which will be communicated in the email confirming shipping of their order. They may also access this information on the "My orders" section of their personal account on the Site.
To find out about the costs and lead times offered by our carriers, please consult the information provided in article 4.2 below.

 

4.2 Zones, delivery charges and times

Vanrycke delivers to the countries mentioned in article 4.1 above and uses UPS as its carrier. Two delivery options are offered: Standard and Express Saver. To find out about the charges according to the client's geographical zone and the shipping time, please refer to the table below.

RATE UPS SHIPPING

STANDARD

EXPRESS SAVER

COUNTRY

RATE

DELIVERY TIME
(IN WORKING DAYS)

RATE

DELIVERY TIME
(IN WORKING DAYS)

GERMANY

FREE

2 to 3

35 EUR

1

ENGLAND

FREE

2 to 3

35 EUR

1

AUSTRIA

FREE

2 to 4

35 EUR

1

BELGIUM

FREE

1 to 2

35 EUR

1

BULGARIA

FREE

5 to 6

65 EUR

1

CYPRUS*

FREE

65 EUR

2

CROATIA

FREE

3 to 5

60 EUR

1

DENMARK

FREE

2 to 3

35 EUR

1

SCOTLAND

FREE

2 to 4

35 EUR

1

EIRE

FREE

2 to 3

35 EUR

1

SPAIN

FREE

2 to 3

35 EUR

1

ESTONIA

FREE

5 to 6

65 EUR

1

FINLAND

FREE

4 to 6

55 EUR

1

FRANCE (CORSICA)*

FREE

50 EUR

3

FRANCE METROPOLITAN

FREE

2 to 3

20 EUR

1

GREECE*

FREE

35 EUR

1

HUNGARY

FREE

3 to 4

60 EUR

1

NORTHERN IRELAND

FREE

2 to 3

35 EUR

1

ITALIA

FREE

2 to 5

35 EUR

1

LATVIA

FREE

5 to 6

65 EUR

1

LITHUANIA

FREE

5 to 6

65 EUR

1

LUXEMBOURG

FREE

2 to 3

35 EUR

1

MALTA*

FREE

65 EUR

1

WALES

FREE

2 to 3

35 EUR

1

NETHERLANDS

FREE

2 to 3

35 EUR

1

POLAND

FREE

2 to 3

60 EUR

1

PORTUGAL

FREE

2 to 3

35 EUR

1

CZECH REPUBLIC

FREE

2 to 3

60 EUR

1

ROMANIA

FREE

4 to 5

65 EUR

1

SLOVAKIA

FREE

4 to 5

60 EUR

1

SLOVENIA

FREE

2 to 3

60 EUR

1

SWEDEN

FREE

3 to 6

55 EUR

1


* Standard charge non-existent

 


4.3 Shipping times for the Products

Shipping will take place no later than three (3) business days following order confirmation, with the exception of a contrary provision which the Client will be informed of before placing their order, indicating an average shipping time.

4.4 Delivery delays

Any delivery delay will be communicated by the Client to Vanrycke in writing as soon as possible with the latter raising a query with the carrier in question.

The Client will have the right to cancel their order if delivery of the latter is more than seven (7) business days after the delivery date initially given by our carrier and subject to a delay not due to the Client or to a case of force majeure.

From the exercise of the right to cancel or the conclusion of the search carried out by Vanrycke confirming the package's loss, Vanrycke will process a refund in favour of the bank account debited when the order was placed, as soon as possible, to the exclusion of any other compensation, or will resend the Products at its own expense if the order has not been cancelled by the Client.

In the event of partial delivery of the order, the delivery will be made in several instalments and this right only concerns the balance of the order not delivered.

 

4.5 Receipt of Products by the Client

Each delivery is deemed to be complete at the time of the Products being made available to the Client by the carrier, realised by the tracking system used by the carrier. No dispute relating to the delivery itself will be possible if the package appears as having been delivered, the carrier's IT system being admissible.

It is the Client's responsibility to check immediately, at the time of receipt of the Products, the conformity and integrity of the Products delivered.

Without prejudice to the period the Client has to exercise their right to cancel as specified in article 5 below, it is up the Client to verify the shipments upon arrival and to communicate any reservations or claims to the carrier which appear to be justified in the event of delay, breakage or loss.

In addition, in accordance with article L. 133-3 of the Commercial Code, any reservations must be confirmed by registered letter to the carrier within three (3) days following receipt.

Any reservation of this type must also be notified to Vanrycke's Client Service Department, the coordinates for which appear on the Site, within the same period and in the same manner. In this respect, the Client will attach a copy of the claim sent to the carrier to their package.

 

ARTICLE 5 - THE CLIENT'S RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.121-20 of the Consumer Code and subject to the assumptions referred to in article L. 121-20-3 of said Code, the Client has a 14-day right of withdrawal from the date of receipt of the order to return the Vanrycke Product ordered if they are not satisfied.

The Vanrycke Product must be returned in full, in perfect condition and in its original packaging. The return request can be made from the "My account" section of the site. Following their request, the Client will return a returns form by email along with a pre-printed and prepaid UPS returns slip. we only take in charge one refund by order. Under these conditions, Vanrycke agrees provide the Client with a refund with the exception of transport costs, to the bank account debited when the order was placed, within 30 days from receipt of the Product. In case or anormal or abusive returns, Vanrycke has the right to refuse de new orders.

 

ARTICLE 6 - NON-COMPLIANT PRODUCT(S)

6.1. Right of compliance and warranty

Vanrycke guarantees respectively that the brand's Products comply with the use for which they are intended and do not present any faults or hidden defects making them dangerous or unsuitable for their normal use.
In the case of a Product not complying with the information given during presentation of the Products on the Site, and in accordance with article L.211-5 of the Consumer Code, or if these Products present hidden defects referred to in article 1641 of the Civil Code, the Client will receive a refund within thirty (30) days of the date on which the Product is received, subject to respect of the conditions mentioned below.

 

6.2. Right to return

In the event that a non-compliant Product is received, the Client is permitted to return the non-compliant Product to Vanrycke within fourteen (14) days from the Product being received.

In this respect, it is specified that Vanrycke does not accept packages sent postage due and that the Product must be returned in its original condition and packaging. The Client will attach the return form and the pre-printed and prepaid UPS return slip to the package. Vanrycke will inspect the Product for non-conformity and if this is confirmed the Client will receive a refund.

This refund will be made to the bank account debited when the order was placed for the Product within thirty (30) days of Vanrycke receiving the non-compliant Product. This refund will also include the refund of the initial delivery costs if all the Products delivered are returned. If only part of the order is returned, the initial delivery costs will not be refunded.

All risks related to the Product's return shall remain the Client's responsibility.

 

ARTICLE 7 - VANRYCKE'S RESPONSIBILITY

Vanrycke's responsibility will not be engaged due to any inconveniences or damages inherent to the use of the Internet network, notably a break in service, the occurrence of bugs, an external attack or the presence of computer viruses.
Vanrycke cannot be held responsible in the event of a breach of any of its obligations respectively subscribed, as defined herein, due to a case of force majeure.
Without prejudice to the provisions in the previous paragraphs, Vanrycke's responsibility, in the terms of these General Conditions of Sale, cannot be joint in all circumstances and cannot exceed a sum equal to the sums paid or payable during the transaction at the origin of said responsibility for Vanrycke products, regardless of the cause or form of the action concerned.

 

ARTICLE 8 - INTELLECTUAL PROPERTY

In accordance with the laws governing intellectual property rights or other similar rights, the Vanrycke Site and all the elements, models, photos, texts, illustrations, logos, graphics etc., found on said Site along with their compilation are, respectively, the exclusive property of Vanrycke with the latter not granting any licence or any other rights to the Client other than the right to consult the Site.
The reproduction or use of all of part of these elements is only authorised for information purposes for personal and private use; any reproduction or use of copies made for other purposes is expressly prohibited. Neither the Site, in full or in part, nor its contents can be used, reproduced, duplicated, copied, transferred, made accessible, modified or used in any other manner, in full or in part, for any purpose whatsoever without prior written authorisation from Vanrycke. Any other use constitutes a forgery.

 

ARTICLE 9 - DATAPROTECTION

 

9.1 Information collected

The completion of personal information collected in the context of distance selling is compulsory as this information is required to process and deliver the orders as well as for the establishment of invoices. This information is strictly confidential. Failure to provide this information implies the automatic refusal of the order.
In accordance with law n°78-17 of 6th January 1978 concerning computers,
files and freedoms, modified by Law n°2004-81 of 6th August 2004 (hereinafter "Data protection Act", the processing of personal information collected on the Site has been the subject of a declaration to the French Data protection Agency (declaration n°1780350). The Client has the right to access, modify, rectify and delete information about them.
To exercise these rights, the Client may, if they so wish, send a letter or email to the Client Services Department the coordinates for which can be found by clicking here providing details of their identity (surname, first names, email address, photocopy of an identity document) - in accordance with the first paragraphs in articles 39 and 40 of the French Data protection Act.
Vanrycke agrees to process any such requests as soon as possible after their receipt.

 

9.2. Use of the information collected

Vanrycke may communicate information provided by the Client on the Site to third parties providing services to the Sites. Thus, in order to verify information about the Client, authenticate payments and process orders, Vanrycke may communicate certain financial and other information provided by the Client to third parties responsible for the provision of credit quality, payment or others.
Vanrycke also reserves the right to send its newsletter to Clients having an account on the Site. To stop receiving these newsletters, just click on the "Unsubscribe" link at the bottom of the page.

 

ARTICLE 10 - FORCE MAJEURE

Neither the Client nor Vanrycke can be held responsible for the total or partial non-execution of their obligations if this non-execution is due to unforeseeable circumstances or the occurrence of an element constituting force majeure such as, and without this list ebbing exhaustive, flood, fire, storm, lack of raw materials, transport strike, partial or total strike or lock-out with these different elements being assessed with respect to the applicable case law.
The party having been affected by such events must inform the other party as soon as possible and no later than five (5) working days after the occurrence of this event.
In which case, the Client and Vanrycke agree to meet as soon as possible to determine the terms of execution of the order for the duration of the case of force majeure.

 

ARTICLE 11 - PARTIAL NON-VALIDATION

If one or more stipulations in these General Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a definitive decision from a competent court, the other stipulations shall retain their force and scope.

 

ARTICLE 12 - NON-WAIVER

The fact that one of the parties to these General Conditions of Sale has not demanded the application of any clause whatsoever, permanently or temporarily, cannot in any case be considered as a waiver of this party's rights arising from said clause.

 

ARTICLE 13 - ENTIRETY OF THE CONTRACT

These General Conditions of Sale, the General Conditions of Use and the order summary sent to the Client form a contractual whole and constitute the entirety of contractual relations concluded between the Parties.
Generally speaking, it is expressly agreed between Vanrycke and the Client that emails between both parties are admissible along with automatic back-up systems used on the Site, notably when it comes to the nature and date of the order.
The Client may access, if necessary, in accordance with common law, the electronic contract concluded between the Client and Vanrycke.
To do this they must contact the Client Services Department by email providing all the information required, notable the order number and their contact details.

 

ARTICLE 14 - APPLICABLE LAW - DISPUTES

The law applicable to these General Conditions of Sale and related orders is French Law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
Subject to contrary provisions in the civil procedure code, any dispute that may arise relating to the validity, interpretation or execution of these general conditions of sale and which cannot be settle amicably by the parties to the present, will be subject to the FRENCH courts, notwithstanding the plurality of PARTIES, JUDGEMENTS or expertise.

VERSION FROM 07/24/2020