account_circle
local_mall
0
account_circle
local_mall
0
Cart
Your cart is empty
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Ventilya, operated by Thomas Hurel-Ottomani ("the Seller") with consumers and non-professional buyers ("the Customers" or "the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website ventilya.com.
They specify in particular the conditions for ordering, payment, delivery, and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions set out on the website prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to in-store sales or sales through other distribution channels.
They are accessible at all times on ventilya.com and shall prevail over any other version or contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in force on the website at the time the order is placed.
ARTICLE 2 – Products Offered for Sale
The Products offered for sale on ventilya.com include our full range of products as presented on the site.
The main characteristics of the Products, including specifications, illustrations, and dimensional or capacity indications, are presented on ventilya.com.
The Customer is required to review them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
Photographs and graphics presented on the website are not contractually binding and shall not engage the Seller's liability.
The Customer must refer to the description of each Product to understand its properties, essential features, and delivery times.
Contractual information is presented in English and is confirmed no later than at the time the Customer validates their order.
ARTICLE 3 – Validity Period of Product Offers
Product offers are valid while supplies last, as specified at the time the order is placed.
ARTICLE 4 – Seller's Contact Information
Company: Ventilya, operated by Thomas Hurel-Ottomani Address: 15 Boulevard des Chênes, 13009 Marseille, France Email: contact@ventilya.com Phone: +33 7 80 95 13 79
In accordance with applicable data protection regulations, including the GDPR, the Customer has the right at any time to access, rectify, object to, erase, and port all of their personal data by writing to the Seller at the address above.
Validation of the order by the Customer constitutes full and unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges having the legal capacity to contract and purchase the Products offered on ventilya.com.
ARTICLE 5 – Orders
5.1 Placing an Order
The Customer selects the Products they wish to order on ventilya.com.
The Customer may review the details of their order, the total price, and correct any errors before confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order and to immediately report or correct any errors.
An order is recorded on ventilya.com when the Customer accepts these General Terms and Conditions of Sale by checking the appropriate box and validates their order.
The sale is only final after the Seller sends the Customer an email confirming acceptance of the order and after full payment has been received.
The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute exists regarding payment of a prior order.
The Customer may track the progress of their order on ventilya.com under the "Order Tracking" section.
The Seller sells Products exclusively to consumers and non-professionals for personal use, and reserves the right to refuse orders for the same Product in large quantities.
5.2 Modifying an Order
Any modifications requested by the Customer must be notified to the Seller by email at contact@ventilya.com within a reasonable time before the scheduled dispatch date. If the modification cannot be accepted, any amounts paid will be refunded within a reasonable timeframe, unless the Customer prefers a store credit or exchange.
5.3 Canceling an Order
Orders may be canceled by the Customer at least 24 hours before the scheduled dispatch date, free of charge, outside of the exercise of the right of withdrawal or cases of force majeure.
ARTICLE 6 – Pricing
Products are provided at the prices listed on ventilya.com at the time the order is recorded. Prices are expressed in Euros, inclusive of all taxes (VAT included).
Prices take into account any discounts offered by the Seller on the website. These prices are firm and non-revisable during their period of validity. They include processing, shipping, transport, and delivery costs.
The amount charged to the Customer corresponds to the total purchase price, including all such fees.
ARTICLE 7 – Payment Terms
The price is payable in full at the time the order is placed, via secure payment, using the following methods:
Payment by credit card is irrevocable, except in cases of fraudulent use, in which case the Customer may request cancellation of the payment and restitution of the corresponding amounts.
ARTICLE 8 – Delivery
Products ordered by the Customer will be delivered within 4 to 7 business days to the address provided by the Customer at the time of ordering, including:
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Unless a specific situation arises or one or more Products are unavailable, Products will be delivered in a single shipment.
If Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's own actions, the sale may be canceled at the Customer's written request. Any amounts paid by the Customer will then be refunded within 14 days of the cancellation notice.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or refund the Customer, as described in the "Seller's Liability – Warranty" article.
The Seller bears the risks of transport and is liable to refund the Customer in the event of damage caused during transit.
ARTICLE 9 – Transfer of Ownership – Transfer of Risk
Transfer of ownership of the Products from the Seller to the Customer will only occur upon full payment of the price, regardless of the delivery date.
Regardless of the date of transfer of ownership, the transfer of risk of loss and deterioration will only occur when the Customer physically takes possession of the Products. Products therefore travel at the Seller's risk.
ARTICLE 10 – Right of Withdrawal
In accordance with applicable legal provisions, the Customer has 30 days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide any justification or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the notification of the withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing resale as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted.
The right of withdrawal may be exercised online using the withdrawal form available on ventilya.com, or by any other unambiguous statement expressing the intention to withdraw.
In the event of exercise of the right of withdrawal, only the price of the Product(s) purchased and the original delivery costs are refunded. Return shipping costs remain the responsibility of the Customer.
The refund will be made within 14 days from the Seller's receipt of the withdrawal notification.
ARTICLE 11 – Seller's Liability – Warranty
Products sold on ventilya.com comply with the regulations in force and are compatible with non-professional use.
Products provided by the Seller benefit by right and without additional payment, independently of the right of withdrawal, from:
Under the legal warranty of conformity, the Customer has 2 years from delivery of the goods to take action against the Seller, and may choose between repair or replacement of the Product.
The Seller will refund or replace Products or parts under warranty found to be non-conforming or defective. Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of supporting documents.
Refunds for non-conforming or defective Products will be made no later than 14 days following the Seller's acknowledgment of the defect, by credit to the Customer's bank account.
The Seller's liability shall not be engaged in the following cases:
ARTICLE 12 – Personal Data Protection
Personal data collected from the Customer is necessary for the processing of their order and the issuance of invoices. This data may be shared with the Seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of information provided through ventilya.com complies with legal requirements regarding personal data protection.
The Customer has the right to permanently access, modify, rectify, object to, port, and restrict the processing of their personal information, as defined on ventilya.com.
ARTICLE 13 – Intellectual Property
The content of ventilya.com is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement, parasitism, or unfair competition.
ARTICLE 14 – Force Majeure
Neither party shall be held liable if the non-performance or delay in performance of any of their obligations arises from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
ARTICLE 15 – Governing Law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. In the event of a dispute, only the French version shall be authoritative.
ARTICLE 16 – Disputes
All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions of Sale that cannot be resolved between the Seller and the Customer shall be submitted to the competent courts under common law conditions.
The Customer is informed that they may at any time resort to conventional mediation, in particular with the Consumer Mediation Commission or any other alternative dispute resolution method.
Site Mediator: CM2C, 14 rue Saint Jean, 75017 Paris – Tel: 01 89 47 00 14
ARTICLE 17 – Pre-contractual Information – Customer Acceptance
Placing an order on ventilya.com constitutes full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer.
ANNEX 1 – Legal Warranty Provisions
Article L217-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery, including defects arising from packaging, assembly instructions, or installation carried out under the seller's responsibility.
Article L217-5: To conform to the contract, the goods must be fit for the purpose ordinarily expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities presented to the buyer.
Article L217-12: Claims arising from a lack of conformity are subject to a two-year limitation period from the date of delivery.
Article 1641 of the French Civil Code: The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so diminish its use that the buyer would not have purchased it, or would have paid a lower price, had they known of them.
Article 1648: Claims arising from latent defects must be brought by the buyer within two years of the discovery of the defect.
ANNEX 2 – Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on ventilya.com, subject to the exclusions or limitations on the right of withdrawal set forth in the applicable General Terms and Conditions of Sale.
To: Ventilya – contact@ventilya.com
Customer signature (only if this form is submitted on paper)