Any online purchase made on the websitewww.viagioia.comis subject to prior knowledge and acceptance of these general conditions of sale.
Article : Products of any kind offered for sale (e-commerce service) on the site.
Client : non-commercial natural person placing the Order and holding full legal capacity.
Order : commitment to purchase all the Items selected by the Customer via the site's e-commerce service.
Site : website published by SMSB Créations and accessible at the addresswww.viagioia.com
The online sales sitewww.viagioia.comis an e-commerce site accessible via the Internet, open to any user of this network (hereinafter referred to as " Internaute "). It is published by the company SMSB Créations, SASU with a capital of 7074 Euros, whose head office is located at 6 rue Jules Ferry – 92300 Levallois-Perret, registered in the Nanterre Trade and Companies Register, under number 817 686 785.
These general conditions (hereinafter CGV) apply exclusively between any customer and the company SASU SMSB Créations. Any Internet user can read the T&Cs from all the pages of the Site. Any order on the Site is subject to prior consultation and acceptance without reservations by the Customer of these GCS and the applicable prices. These T&Cs prevail over any other document.
SMSB Créations reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. The general conditions of sale are those in force on the date the order is placed.
It is specified that orders placed on the sitewww.viagioia.comare reserved for consumers. The purchase of product(s) by a professional for resale is prohibited. Under no circumstances may the Site be used by professional seller Customers, alone or in groups, regardless of the method of marketing of their products (internet market places, shopping malls, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the Items can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single Order and the number of individual Orders respecting the usual amount an average consumer spent for the same product. SMSB Créations reserves the right to refuse an order clearly validated by a professional seller Customer.
Accessibility of the Site
The Site is open to any Internet user and is in principle accessible 24 hours a day, 7 days a week, except for interruption, scheduled or not by SMSB Créations or its service providers, for the purposes of its maintenance or in the event of force majeure (as defined herein ). SMSB Créations cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
The Customer declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, non-guaranteed continuity in access to the Site, non-guaranteed performance in terms of volume and speed of transmission. data and the spread of viruses. SMSB Créations warns each Customer of the need to implement within their computer or portable or mobile equipment, a solution and security measures likely to prevent the spread of viruses.
SMSB Créations does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. SMSB Créations may in this regard, determine freely and at its sole discretion any period of unavailability of the Site or its content.
Articles, prices of Articles and conditions of validity
The products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of SMSB Créations.
SMSB Créations takes the greatest care in the presentation and description of these products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Photos of items for sale on the sitewww.viagioia.comhave no contractual value and may vary slightly from the items themselves.
It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that the company SMSB Créations only accepts the return of intact and unworn Articles, these two conditions being checked before the returned Articles are returned to stock.
The prices of the products sold on the Site are indicated by article and reference and include all taxes (TTC) excluding delivery costs. At the time of validation of the order, the price to be paid by the customer means the all-inclusive price, ie the sum of the price including tax of the items that make up the order plus delivery costs. The telecommunications costs inherent in access to the site remain the responsibility of the Customer. The articles remain the entire property of SMSB Créations until full payment of the price, which the Customer acknowledges and accepts.
The conditions for the period of validity of our product and price offers are determined by the updating of the site when our collections or our promotions are released and remain applicable as long as they remain accessible from our fact.
Any order implies a payment obligation. The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to be the holder of parental authorization to place his Order. To place an Order, the Customer must follow the online purchase process and click on " Pay" to submit the Order. The payment of the Order implies acceptance of these GCS, the price of the Items and the content of the Order. After validation of the payment, SMSB Créations sends the Customer an email confirming his order. Any Order is subject to the prior acceptance of SMSB Créations and is not definitively confirmed until the Customer has received an email confirming the dispatch of the Item(s). If the Customer does not receive any confirmation email following his Order, it is his responsibility to contact SMSB Créations by sending an email to the following address :email@example.com. SMSB Créations can in no way be held responsible in the event of an input error or transmission of an input error that does not allow the delivery of the confirmation email and/or Articles.
In accordance with the provisions of article L.122 1 of the Consumer Code, SMSB Créations will be entitled to refuse any abnormal order, placed in bad faith or for any other legitimate reason. SMSB Créations will be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
SMSB Créations reserves the right to withdraw at any time any Article displayed on the Site and to replace or modify any content or information appearing on the latter. Despite the best efforts of SMSB Créations to meet the expectations of its customers, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.
SMSB Créations cannot be held liable to the Customer or a third party for the decision to withdraw an Article from the Site or for the decision to replace or modify any content or information appearing on this Site or for the refusal to process an Order after the sending of the Order confirmation email.
Payment of the order
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email. The Order is payable immediately, by credit card (CB, Visa, MasterCard, American Express) or payment account (Paypal). Transactions carried out on the Site are entrusted to a secure online payment platform Stripe. They are secured by a solution that presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram.
In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
In the event that, for any reason whatsoever, the debit of sums owed by the customer proves impossible, the sale made will be immediately resolved as of right and the electronic purchase process cancelled.
Any invoice will be sent by email at the request of the customer once the order has been dispatched by sending an email to the following address: firstname.lastname@example.org, and mentioning its name, date and order number.
Delivery terms and delivery times
Deliveries are made in the following geographical areas, to the address indicated when ordering :
- Metropolitan France,
- European Union,
– United States of America, Canada, Australia, Monaco, Switzerland, Norway, Hong Kong, Japan, South Korea, Qatar, Dubai, Saudi Arabia.
The amount of the delivery costs will be indicated to you before the validation of your order. Delivery costs depend on the delivery method chosen and are defined as follows :
For delivery in Metropolitan France :
– Standard delivery by Colissimo within two or three working days from the date of dispatch : delivery costs offered.
– Express delivery in 24 hours with Chronopost (Chrono13): delivery costs of 15 euros including tax.
For delivery in Europe:
– Standard delivery by Colissimo within three to five working days from the date of shipment : delivery costs à 15 euros_cc781905-5cde-3194-bb3b -136bad5cf58d_TTC.
– Express delivery in one or two working days: delivery costs of 35 euros including tax.
For delivery outside Metropolitan France and outside Europe:
– Standard delivery by Colissimo, within four to seven working days from the date of dispatch: delivery costs at 25 euros including tax.
– Express delivery, within three to five working days: delivery costs of 45 euros including tax.
SMSB Créations undertakes to inform you of the delivery times and to make its best efforts to deliver the items ordered within the agreed deadlines. In the event of a delivery problem, SMSB Créations undertakes to make its best efforts to keep you informed of the possible overrun of the delivery date.
It is understood that :
– The delivery times indicated depend on the availability of the articles,
– The delivery times indicated run from the date of receipt by the customer of an email confirming the order.
Return and exchange
Under Community Directive 2011/83/EU of the European Parliament, of the Council of October 25, 2011 on consumer rights in the context of distance sales contracts and Law No. 2014-344 of March 17, 2014; as transposed in the Customer's country, the latter is entitled to cancel or exchange his order at any time within 14 calendar days following the date on which he received the products and this without having to justify reasons or to pay penalties. If the Customer wishes to exercise his right of withdrawal, he may return the said Article using the return and exchange form corresponding to the returned Article included in the package.
The Customer must complete the form provided for this purpose and insert it in the package to be returned ; no return or exchange can be validated without it. Return costs are offered in mainland France but remain the responsibility of the customer outside. The delivery costs of the exchanged item are free, exchanges being limited to one time.
Any claim made after this period cannot be accepted and SMSB Créations will be released from all liability.
These Items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging) and in perfect condition for resale (undamaged, undamaged, unused, unwashed or soiled). by the Customer), accompanied by their label and dust bag.
Once the verification of the returned Items has been carried out, SMSB Créations undertakes to reimburse the Customer for all the sums paid, excluding shipping costs, under his Order, as soon as possible and, at the latest within fourteen days. following the date on which this right was exercised, to the Customer's bank account used for payment of the Items.
To allow the customer to be satisfied and avoid possible returns or exchanges, SMSB Créations offers on the page " Contact & FAQ " asize guideaccurate with matches.
For any information or questions, for order follow-up, for the exercise of the right of withdrawal or an exchange, the Customer must contact customer service by email at the following email address :email@example.com
The Articles are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code and L 211-1 and following of the Consumer Code, and this from the date of delivery. Article 1641 of the Civil Code: the seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them. Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. Article L 211-4 of the Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L 211-5 of the Consumer Code: to comply with the contract, the goods must:
1/ Be specific to the use usually expected of a similar good and, if applicable : Correspond to the description given by the seller; Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2/ Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article L 211-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
This guarantee allows the Customer to return the defective or non-compliant Items delivered for reimbursement under the aforementioned conditions.
Convention on evidence
The Customer acknowledges and accepts that the Order registration systems provide proof of all transactions between SMSB Créations and the Customer. The Customer acknowledges and accepts that proof of acceptance of the GCS is characterized by ticking the words "I have read and I accept the general conditions of Sale". To this end, the Customer acknowledges and accepts that the computerized data kept within the computer servers of SMSB Créations under reasonable conditions of security and integrity, are considered, irrefutably, as proof of acceptance of the terms of the CGV and proof of all transactions between SMSB Créations and the Customer. SMSB Créations will archive the Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of article 1348 of the Civil Code and guarantees access to them to the Customer at any time if he so requests in accordance with the provisions of Article L. 134-2 of the Consumer Code. Consequently, unless SMSB Créations manifest error proven by the Customer, the latter will not be able to contest the admissibility, the validity or the probative force of the GCS and the content of the Order, on the basis of any legal provision whatsoever and which would specify that certain documents must be in writing or signed to constitute proof. Thus, these elements constitute evidence and, if they are produced as evidence by SMSB Créations in any contentious or other proceedings, will be admissible, valid and enforceable in the same way, under the same conditions and with the same probative force as any document drawn up, received or kept in writing. At any time, the Customer has the option of printing, downloading, and keeping a copy of the GCS in paper and electronic form.
SMSB Créations reserves the right to modify the information contained in this Site at any time and without notice. SMSB Créations undertakes to describe with the greatest accuracy the Items sold on the Site and to ensure, under the best possible conditions, the updating of the information which is disseminated there. However, SMSB Créations cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. In the event of non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the Articles ordered, SMSB Créations shall not be held liable. The Customer acknowledges and accepts that the prices of the Items are likely to vary between the Website and the reseller stores, and that in no case can this price difference be the basis for a request for reimbursement, either total or partial, of the Items purchased either on the Site or in stores. SMSB Créations cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts. In particular SMSB Créations will not be held responsible for any non-execution or delay in the execution of Orders, caused by events beyond its control (“Cases of Force Majeure”). A Case of Force Majeure includes any act, event, non-completion, omission or accident beyond the control of SMSB Créations and includes in particular (without limitation): 1. strikes, closures or other industrial actions. 2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters. 4. Impossibility of using transport by rail, boat, plane, road or other means of private or public transport. 5. Inability to use public and private telecommunications networks. 6. Acts, decrees, legislation, regulations or restrictions of any government. 7. Strike, failure or accidents in maritime, postal or other transport. The execution of the GCS will be suspended for as long as the Case of Force Majeure lasts and the execution and delivery deadlines will be extended accordingly. SMSB Créations will endeavor as far as possible to put an end to the case of Force Majeure or to find a solution enabling it to perform its contractual obligations despite the case of Force Majeure. SMSB Créations is only responsible for any direct and foreseeable damage at the time of the use of the Site or the conclusion of the sales contract with the Customer, excluding any indirect damage.
SMSB Créations grants a limited license to access and use the Site for personal and non-professional or commercial use of the Site in favor of the Customer. Under no circumstances is the Customer authorized to download or modify all or part of this Site without the express written authorization of SMSB Créations. This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial or professional reasons without the express written authorization of SMSB Créations. The Customer must not use techniques allowing the copying of a brand, a logo or any other information (in particular images, text, models) of which SMSB Créations is the owner without its express and written agreement. SMSB Créations authorizes the Customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site on the condition that this link cannot create against the Articles, SMSB Créations or the any of its registered trademarks, a misleading, false, pejorative, infringing character or which may be detrimental to SMSB Créations. Under no circumstances will the creation of this hypertext link engage the responsibility of SMSB Créations, for any reason whatsoever.
Protection of personal data
The personal data collected on the Site is intended for SMSB Créations with the consent of the Customer. SMSB Créations undertakes to protect the personal data of its Customers. All personal data concerning the Customer collected by SMSB Créations is treated with the strictest confidentiality, in accordance with the provisions of law 78-17 of January 6, 1978 relating to data processing, files and freedoms, for the purposes of the processing of Orders. The information and personal data of Customers are necessary for the management of Orders and relations with Customers, as well as to keep them informed of all offers and commercial information likely to interest them. They may be transmitted to service providers and contractual partners who intervene and contribute to the management of Orders. This information and the management of Orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable SMSB Créations to improve and personalize the services offered to Customers. In accordance with the data-processing law and freedoms of January 6, 1978, the Customer has a right of access, rectification and opposition to the personal data concerning him. To exercise this right, the Customer must send an email to the following address :firstname.lastname@example.org a letter to SMSB Créations Customer Service by writing to the following address: SMSB Créations Customer Service, 6 rue Jules Ferry, 92300 Levallois-Perret and indicating their surname, first name, e-mail address and customer references. Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specifying the reply address. This response will then be sent within 2 months of receipt of the request. When entering personal data on the Site and prior to their collection, any Customer has the option of agreeing to receive information relating to the Via Gioia brand. In accordance with the legislation in force, such information will only be sent to the Customer if and only if he has expressly agreed to receive it.
Commercial offers and newsletter
SMSB Créations may send Customers commercial offers by mail, email, sms, telephone or via all the web spaces run by SMSB Créations on social networks, subject to prior acceptance. The Customer has the option at any time to oppose his commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link appearing in each email.
During the consultation of the site, information relating to the navigation of the Customers is likely to be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone). These cookies are issued by SMSB Créations in order to facilitate navigation on the site and make it possible to recognize the Customer's browser when they are connected to the Site. These cookies are issued in order to establish attendance statistics (number of visits, page views, abandonment in the ordering process), adapt the presentation of the Site to the display preferences of the terminals, memorize information entered in forms, Manage and secure access to reserved and personal spaces such as the Customer account and to manage the Order basket. SMSB Créations reserves the right to install cookies in the Customer's computer during visits to the Site.
SMSB Créations is the exclusive owner of the intellectual property rights: On the Articles offered on the Site, On the brands associated with the Articles, On the Site, and in particular on its tree structure, on the organization and title of its sections, on the visual and graphic identity, on its design, its ergonomics, its functionalities, on the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and any other element composing the Site, On the databases, their structure and their contents, designed and managed by SMSB Créations for the needs of the edition of the Site, On all the design elements of the Site whether they are graphic or technical, On the names, acronyms, logos, colors, graphics, or other signs that could be used, produced or implemented by SMSB Créations.
It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Site, and more generally to use or exploit these elements other than within the framework of the execution of the present. As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use, except with the prior written authorization of SMSB Créations, constitutes counterfeiting and is sanctioned under intellectual property. Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written consent of SMSB Créations.
These T&Cs are subject to French law. Any dispute will fall under the exclusive jurisdiction of the French courts of the Customer's place of residence, in the absence of an amicable agreement between the Customer and SMSB Créations. These T&Cs do not affect the Customer's legal rights as a consumer. For further information on their rights, they should contact their local authority or consumer advice body.