Please refer to our general terms and conditions of sale to understand the terms and conditions of our services.
Varendis is a brand of the company Valorrion Inc. (hereinafter referred to as "the Seller").
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales made by the Seller to buyers (hereinafter referred to as "The Client(s)") wishing to acquire the services or products offered for sale by the Seller on its website: (hereinafter referred to as "the Site"). They define the rights and obligations of the parties in the context of the sale of the services or products sold by the Seller.
The terms and conditions are accessible at any time on the Site and will prevail over any other document, unless otherwise stipulated.
The Seller's General Terms and Conditions are supplemented by the Privacy and Data Protection Policy.
1.1 The main features of the services and products, including their specifications, illustrations, and dimensions or capacity indications of the Products, are presented on the Site, which the Customer is required to review before placing an order. The Customer has the option to check the details of their order, its total price, and correct any possible errors before confirming their order.
Any order placed on the Seller's Site results in the full and unconditional acceptance of these General Terms and Conditions (GTC). No special condition may, unless formally accepted in writing by the Seller, prevail over the GTC. Any contrary claim made by the Client is not enforceable in the absence of express and written acceptance by the Seller.
1.2 The Products and Services ordered will be provided by the Seller as soon as possible upon receipt of the purchase order. This timeframe does not constitute a strict deadline, and the Seller cannot be held liable to the Client in case of delay. The Seller's liability cannot, in any case, be engaged in case of delay or suspension of the order attributable to the Client or in the cases referred to in Article 8 herein.
2.1 The Services and Products are provided at the Seller's rates in effect on the day the order is placed, according to a quote previously established by the Seller and accepted by the Client, and all prices are inclusive of taxes. An invoice is then issued by the Seller and given to the Client.
2.2 The invoice is paid by the Client according to the terms set out in the quote and is carried out securely.
The Client has the option to pay the invoice directly at the time of ordering. In this case, a ten (10) percent discount on the total amount of the order will be applied.
The Client has the option to pay a deposit of thirty (30) percent of the total price of the quote at the time of the order, the remaining total amount to be paid after the development has been validated by the Seller, prior to the delivery of the Products.
The price is payable in full, on the day of the order for the amount indicated on the invoice provided to the Client. Payment is made securely.
3.1 The Customer has a right of withdrawal which they can exercise within fourteen (14) days following the delivery of their Product(s). However, certain Products listed in article L221-28 of the Consumer Code are not subject to a right of withdrawal by the Customer.
The Client's responsibility, in the event of withdrawal, is engaged concerning the depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these Products. According to the European Commission, these manipulations are those that a consumer can perform in a store for the goods offered for sale there.
3.2 To exercise their right of withdrawal, and prior to any return, the Client must notify their intention to withdraw by using the following contact method: oriant@valorrion.com
The Seller reserves the right not to accept the return of the Client's Products that have not been subject to prior notification. In this case, the affected Products will be returned to the Client, and the return shipping costs will be charged to them.
The return costs of the Products are the responsibility of the Customer. The Customer must return the Products no later than fourteen (14) days after notifying their decision to withdraw. The Customer will include with the Product any document allowing the Seller to identify it.
3.3 The return of all Products will give rise to a refund of the total amount paid for them, that is to say, the purchase price of the Product(s). The refund will be made no later than fourteen (14) days after the Seller is notified of the Client's request to exercise the right of withdrawal. However, this period may be deferred until the Product is recovered by the Seller or until the Client has provided proof of the shipment of the Product, with the date being that of the earlier of these two events.
The reimbursement will be made using the same payment method that the Client used for the Order, unless they expressly authorize the Seller to process the refund using another payment method.
4.1 In the performance of its obligations, the Seller undertakes to provide the Client with all useful information in the context of the performance of the Contract. It is understood between the Parties that this is an obligation of means to which the Seller is bound throughout the commercial relationship and until the termination of the contract, whatever the reason.
The Seller is no longer bound by the aforementioned obligations in the event of something akin to a force majeure, as defined in Article 8, a fault of the Client or a third party, excluding duly appointed subcontractors by the Seller.
4.2 The Client agrees to provide the Seller with all relevant documents related to the expected communication, as well as any elements or information necessary for the execution of the Contract, according to the agreed deadlines or, failing that, as soon as possible.
The Client expressly declares to indemnify the Seller from the consequences of any action based on the inaccuracy of the information provided to them, particularly in the case of an action for misleading practices, as well as any action brought by a third party based on the infringing nature of the information provided to them.
Any dispute arising directly or indirectly from the Contract shall first be submitted to the Central Asia Arbitration Center of the China International Economic and Trade Arbitration Commission (CIETAC) in Ürümqi, Xinjiang, P.R.C., for arbitration in accordance with its current Rules.
The legal seat and the place of arbitration will be Ürümqi. The arbitration will be conducted exclusively in the Chinese language. The arbitral tribunal will consist of a sole arbitrator directly appointed by the President of CIETAC.
The Claimant must, within eight (8) days following the Notice of Arbitration, fully advance all arbitration costs, administrative fees, arbitrator's fees, and all deposits required for the preservation of goods, evidence, or conduct.
If the Respondent does not pay a deposit or an advance requested by CIETAC within the prescribed time, the arbitration will proceed and any counterclaim or defense that requires such payment will be considered withdrawn in accordance with Article 12(3) of the CIETAC Rules.
In accordance with the Arrangement regarding mutual assistance in provisional measures ordered by courts between the courts of mainland China and the Hong Kong SAR, the arbitral tribunal or any party may request the People's Courts of mainland China to order measures for the preservation of property, preservation of evidence, preservation of conduct, and prohibition of exit against the Respondent, and the Respondent will not oppose such a request.
Requests for annulment or enforcement of the award shall be filed exclusively with the Intermediate People's Court of Ürümqi. The parties hereby waive any right to request interim or conservatory measures in any jurisdiction outside mainland China.
This clause constitutes the entirety of the arbitration agreement within the meaning of Article 16 of the Arbitration Law of the People's Republic of China.
6.1 In accordance with the articles relating to the legal warranty present in the Consumer Code, the Client has a period of two (2) years from the delivery of the product to request its enforcement in the event of a lack of conformity. The Client is only required to establish the existence of the defect.
6.2 In accordance with articles 1641 and following of the Civil Code, the Client benefits from a legal warranty against hidden defects and has a period of two (2) years from the discovery of the defect to apply it.
The Client must provide proof of the existence of the defect, by any means, namely that the defect (i) existed at the time of purchase, (ii) the defect was hidden at the time of purchase, and (iii) the Product is unfit for the use to which it is intended or significantly diminishes its usability. The application of the legal warranty for hidden defects may be refused in cases where the three cumulative conditions are not demonstrated, the implementation of the warranty is not carried out within the deadlines, or when the Seller provides proof of the absence of hidden defects.
6.3 The modified, repaired, integrated, or added products by the Client or any other person not authorized by the Seller are excluded from the aforementioned warranties. The warranty does not apply to visible defects under the legal warranty for hidden defects. The warranty will not cover products damaged due to misuse or inadequate packaging in the context of their return.
For the return of a physical product, the Customer must ensure to use suitable packaging to ensure the complete protection of the product during transport. In the event that a product is damaged due to inadequate packaging during its return, the implementation of legal warranties cannot be accepted.
The Seller reserves the right to modify the General Terms and Conditions at any time.
In such a case, the Client will be made aware of the new General Terms and Conditions during their next order and will be able to consult them at any time.
Any order placed after the availability of the new version of the General Terms and Conditions will imply full and unconditional acceptance of these.
The Client who does not wish for the contractual relationship with the Seller to be governed by the new version of the General Terms and Conditions, applicable to all new orders placed after the availability of the new version of the General Terms and Conditions, must terminate its contractual relationship with the Seller.
The Seller cannot be held responsible for the deterioration or destruction of all or part of the goods when the event falls under a case of force majeure. The liability of the parties for the non-fulfillment of one or more of their obligations contained in this contract cannot be engaged either.
Those usually recognized by French courts are considered as cases of force majeure.
All technical documents provided to the Client remain the exclusive property of the Seller, who is the sole holder of the intellectual property rights, and must be returned to the Seller upon request, if applicable. The Client agrees not to use these documents in any way that may infringe the Seller's intellectual property rights, and agrees not to disclose them to any third party. The Client is prohibited from any reproduction or exploitation of the said intellectual property elements without the express, written, and prior authorization of the Seller, who may condition it on a financial counterpart.
The Seller cannot be held responsible for any direct or indirect damage resulting from the use or reproduction of any information or element protected by intellectual property without its express written consent.
In the context of fulfilling its obligations arising from this contract, the Seller may collect and process personal data concerning the Client as well as implement processing of said data aimed at complying with the legal obligations incumbent upon it.
The Client, under the conditions provided for by the law of January 6, 1978, known as the Data Protection Act, and the General Regulation on Data Protection, has the right to access, rectify, port, erase, or limit the processing of their personal data.
For legitimate reasons, he can exercise one or more of his rights by contacting: oriant@valorrion.com
11.1 The Parties are responsible for the proper execution of the obligations incumbent upon them under this agreement and therefore undertake to promptly inform the other Party of any delay or failure in the execution of the Contract and the missions planned in order to avoid any harm.
11.2 The Seller cannot be held responsible for a failure to perform the Contract caused by a failure of the Client to comply with the terms hereof or by the intervention of a third party other than a duly authorized subcontractor as previously stipulated. The Seller also cannot be responsible for any financial damage resulting from economic loss, loss of profits, loss of revenue, loss of clientele, loss or alteration of the Client's services, and/or resulting from harm to image or reputation, whether these losses result from direct or indirect damage.
In any case, the Provider shall not be liable for damages that were not foreseeable at the time of the conclusion of the Contract and that do not constitute an immediate and direct consequence of the non-performance of the contract.
11.3 Without prejudice to the liability exclusions provided by this Agreement, in no event shall the liability of either Party arising from the execution of the Agreement or related to it exceed the total amount paid by the Client as indicated on the Order Form giving rise to the liability during the twelve (12) months preceding the first event causing liability. This limitation of liability shall in no case apply to the Client's payment obligations.
11.4 The Parties may agree that the non-performance or defective performance of a particular obligation does not give rise to compensation. The debtor Party cannot invoke this cause of exemption if it intentionally caused the non-performance of its obligations or was aware of the harm that would result for the creditor party.
12.1 The Contract is written in French and is governed by French law. If versions of this Contract exist in other languages, in the event of a conflict of interpretation of the provisions between the different versions, it is understood that the French version shall prevail.
12.2 In the event of a dispute between the Parties, the Parties shall endeavor to negotiate in good faith in order to find an amicable solution.
12.3 If no amicable agreement is reached between the Parties, the Client will rely on the provisions of article 5.
12.4 In the event that the above avenues for appeal are unsuccessful, the Contract is subject to the sole jurisdiction of the French courts.
13.1 The Parties may not transfer their obligations under this Agreement without obtaining the express and prior consent of the other Party.
13.2 The Parties undertake to always behave towards each other as loyal and good faith partners and in particular to inform each other of any difficulties they may encounter in the performance of the Contract as well as to cooperate for the proper execution of the Contract.
13.3 If any provision of the Contract is found to be null under any applicable law or a final judicial decision, it shall be deemed to be unwritten, without affecting the validity of the Contract or the validity of the other provisions.
13.4 Any waiver, regardless of its duration, of invoking the existence or violation, in whole or in part, of any clause of the Contract cannot constitute a modification, deletion of said clause or a waiver of invoking prior, concurrent, or subsequent validations of the same clause or other clauses. Such a waiver will only be effective if it is expressed in a written document signed by the duly authorized person.