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Update of the general conditions of sale applicable from : March 1st, 2022
Website editor :
The company VIVOG SAS with a capital of 1.000.000 euros
Whose head office is located 10 rue de la Mairie - 37390 Chanceaux-sur-Choisille - France
Phone : +33 (0) 2 47 73 38 38 Fax : +33 (0) 2 47 73 38 48
E-mail : infos@vivog.fr
Registration number RCS TOURS B 347 656 647
VAT NUMBER FR 54 347 656 647
Site host :
SAS NEXYLAN
517 884 722 R.C.S. LILLE METROPOLE
Head office : 274 ter Av. de la Marne,
59700 MARCQ EN BAROEUL
Tel : +33 (0)3.66.72.15.72
VIVOG SAS proposes a service of sale of products intended for the professional groomers and breeders (hereafter "the Products"), available on line on the Internet site www.vivog.fr (hereafter "the Site").
The present general terms and conditions of sale ("GTC") apply to all orders and transactions made through the website www.vivog.fr by a professional buyer, natural or legal person (hereinafter referred to as the "Customer") with our company (hereinafter referred to as "VIVOG SAS").
Any order placed on the Site implies the unconditional acceptance of these GTC and the waiver of any general conditions of purchase of the Customer.
The GTC are the only conditions applicable to the contracts concluded between VIVOG SAS and the Customer, unless otherwise agreed between the parties. The GTC apply to national sales on the one hand, and to international sales on the other hand, as defined by the Vienna Convention of April 11, 1980 on the international sale of goods. The international character of the sale is assessed by VIVOG and the Customer.
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1.1 : Retention of title : The goods ordered by the Customer on the Website remain the property of VIVOG SAS as long as their price has not been fully paid in principal and accessories to VIVOG SAS, even in case of granting of a delay of payment.
The delivery of a title creating an obligation to pay, in particular a bill of exchange or other, does not constitute a payment until the said title is effectively paid.
The Customer is authorized, within the framework of the normal operation of his establishment, to resell the goods which remain the property of VIVOG SAS; the Customer is obliged in this case to advise the sub-purchaser of this reservation of title, and to make him accept it. In application of the present retention of title clause, VIVOG SAS is authorized to inventory, at any time, at the Customer's premises or at the premises of any third party to whom the Customer has transferred the goods, the goods not yet paid for coming from the establishments of VIVOG SAS.
In case of non-payment, VIVOG SAS reserves the right to consider the sale as cancelled for default after 15 days of unsuccessful formal notice, and to reclaim the delivered goods, the costs of return remaining at the expense of the Customer and the sums possibly paid being acquired to VIVOG SAS as a penalty clause.
In the event of receivership or liquidation, the Customer must inform the administrator or liquidator of the existence of the present retention of title clause, and immediately draw up an inventory of the unpaid goods still in stock. VIVOG SAS reserves the right to claim them.
1.2 : Transfer of risks : The transfer of risks of loss and deterioration of the products takes place as soon as the goods are handed over, either to the Customer or his representative, or to the carrier, if necessary. As soon as the goods are handed over, the Customer shall bear all costs associated therewith, in particular the costs of custody, preservation, etc., and shall assume responsibility for any damage that the goods may cause. The Customer undertakes to take out any insurance in this respect. The Customer shall be obliged to sell or process the goods which remain our property; in the event of resale, the Customer shall be obliged to inform the sub-purchaser of our reservation of title.
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2.1 : Characteristics of the Products : VIVOG SAS endeavors to present as clearly as possible the main characteristics of the Products. The photographs of the Products are communicated only for illustrative purposes and do not engage the responsibility of VIVOG SAS. The Customer agrees to carefully read the information about the Products before placing an order.
VIVOG SAS reserves the right to modify the selection of the available Products, in particular according to the constraints related to its suppliers.
2.2 : Availability : The availability of the products depends on the stocks of VIVOG SAS and is displayed on the Website, on each product sheet. In the hypothesis where, after the date of the order placed by the Customer, a product or a service would become totally or partially unavailable, VIVOG SAS will inform the Customer by e-mail of this unavailability within a reasonable time and will give him the possibility:
Either to be delivered a product equivalent to the one ordered
Or to be reimbursed for the price of the product ordered within thirty (30) days. The preparation and delivery costs charged at the time of the order will not be refunded.
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3.1 : Registration conditions : For any first order, the Customer, who must be of age and have legal capacity, must create a free account directly on the Site. He commits himself, on this occasion, to provide accurate and complete data and to update them if necessary.
Each Customer will have the possibility to freely determine his identifiers, the confidentiality of which he will ensure. Any connection to the Customer's account using his login and password will be presumed to have been made by the Customer himself. VIVOG SAS will not be held responsible in case of identity theft.
VIVOG SAS is committed to preserving the confidentiality and security of the Customer's identifiers. VIVOG SAS reserves the right to suspend or delete the account of the Customer in case of incomplete registration.
3.2 : How to place an order : It is possible to place an order on the website www.vivog.fr. When the Customer places an order, he must confirm it by the technique known as "double click", that is to say, after having selected the Products added to his basket, the Customer must check and possibly correct the contents of his basket (namely, in particular: identification and quantity of the selected products, corresponding prices, modalities and expenses of delivery and payment), before validating it, accepting the GTC, accepting his obligation of payment of the order, and thus confirming the acceptance of his order.
3.3: Registration of orders: Once the order is placed, in accordance with article 3.2 of the GTC, VIVOG SAS via vivog.fr will acknowledge receipt by sending the Customer an email confirming receipt of the order to the email address that the Customer will have indicated when creating his account, including the summary of the order placed as well as its corresponding number.
VIVOG SAS will then definitively validate the said order by sending the Customer an order validation email.
3.4 : Delivery : The delivery is made to the address indicated by the Customer in his order. Shipping is free for deliveries in France only (except Corsica). For the other destinations, the prices are calculated from the warehouses of VIVOG SAS. A fixed processing fee of 9.90 E excluding VAT will be charged for all invoices below 99.00 E excluding VAT, regardless of the delivery location.
The delivery times communicated at the time of the order are indicative and represent the best estimate of VIVOG SAS, they could not engage VIVOG SAS that in the event of express and written agreement of its share. In case of delay in delivery, the Customer will not be entitled to claim damages or to renounce the delivery. In case of refusal to accept the delivery, the transport costs will be invoiced to the Customer.
If the Customer is absent during a free delivery, he cannot claim a second free delivery, the costs are then at his expense and payable to the carrier. VIVOG SAS is not bound by commitments that could be made by representatives or branches, unless otherwise accepted in writing by VIVOG SAS.
3.5 : Complaints - exchange - defects : Any complaints of any kind, in particular for deterioration, non-conformity or apparent defect of the products and/or those made against the carrier must be transmitted, by registered mail AR, to VIVOG SAS within 2 days of the reception of the goods (after having made an explicit reserve on the transport order). After this period, the Customer is deemed to have accepted the goods without reservation.
The return of non-conforming products is subject to the prior acceptance of VIVOG SAS. All goods returned for exchange or for intervention of VIVOG SAS services (after sales service...) must be packed according to the trade practices, in the original packaging. Return postage is at the customer's expense. The packaging must be appropriate to the nature of the goods and the requirements of transport.
In case of delivery error or request for exchange, no claim will be accepted more than 8 days after delivery. In the event of a refund of returned items, a processing fee will be charged.
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4.1: Conventional warranty: The VIVOG SAS equipment benefits from a one year manufacturer's warranty from the date of invoice, against any manufacturing defect or material defect. The warranty covers exclusively the replacement or repair in the manufacturer's workshop of the part recognised as defective. The warranty does not cover external parts of the goods (in particular, cords, plugs, batteries, etc.) or labour. In the event of a return shipment, the sender shall be responsible for the return postage and packaging costs. The warranty does not apply to replacements or repairs resulting from normal wear and tear of the equipment, deterioration or accidents due to negligence, lack of supervision or maintenance, faulty installation and all other defects beyond the control of VIVOG SAS. This warranty does not apply in the case where the Customer modifies or has repaired the equipment supplied, without having previously obtained the express agreement of VIVOG SAS. The warranty does not imply the possibility of a claim for damages or indemnities.
4.2: Legal Guarantee: Independently of the commercial guarantee granted and described in clause 4.1, the products remain guaranteed under the legal guarantee of hidden defects as defined in articles 1641 and following of the Civil Code. This guarantee allows the Customer who can prove the existence of a latent defect to choose between the reimbursement of the price of the Product if it is returned and the reimbursement of part of the price if the Product is not returned. In the event that a replacement or repair is not possible, VIVOG SAS will refund the price of the Product within thirty (30) days of receiving the returned Product.
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Irresistible, unforeseeable circumstances beyond the control of VIVOG SAS, preventing or hindering the execution of the services of VIVOG SAS, will be considered as constituting a case of force majeure, exonerating VIVOG SAS from any responsibility. The following are considered as cases of force majeure: social conflicts affecting the operation of VIVOG SAS establishments, fires, disruptions or problems in the supply of raw materials or energy, etc... even if they are only partial and whatever the cause.
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VIVOG SAS will not be held responsible for the consequences of a use of its products not advised by it and, a fortiori, of a use not in conformity with the prescriptions of VIVOG SAS or with the rules of art. The products offered are in conformity with French and European legislation and French standards in force.
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7.1 : Price : For each of the Products, the price in euros including all taxes is indicated, as well as the applicable delivery costs during the ordering process. The goods are invoiced at the rate in force when the order is placed. This price list may be modified without prior notice according to exchange rates, supply conditions, the cost of raw materials or following an agreement between the parties. The prices are exclusive of tax (HT). The Customer located outside metropolitan France is invited to inquire about import duties or taxes that may be applicable and assumes responsibility for their declaration and payment.
7.2 : Terms and conditions : All shipments will be made either by cash on delivery or against certainty of payment (cheque when ordering and credit card). The costs of cash on delivery and Flash are to be paid by the Customer. Any other payment conditions are subject to the prior and express agreement of the management.
7.3 : Payment by credit card: Payment by credit card can be made using the following cards: - Mastercard - Visa - Carte bleue - American express. The payment is secure. The order will be validated when the bank server has authorised the transaction. Payment by cheque can be made but is only possible for cheques in euros drawn on a bank domiciled in France and made out to VIVOG SAS and sent to the company's address. 10 rue de la Mairie - 37390 Chanceaux-sur-Choisille - France.
7.4 : Payment by cheque: In case of payment by cheque, the payment is made upon receipt of the cheque subject to the availability of the Products. In the case of acceptance by VIVOG SAS of the payment of an order by cheque upon receipt of the goods, the cheque must be received by VIVOG SAS within 30 days of this receipt. In case of insufficient funds in the account, the order will be cancelled de facto and the Customer will be informed by e-mail. If VIVOG SAS is finally unable to honour the order, it will inform the Customer and return the cheque.
7.5: Late Payment: Unless the Customer requests a postponement in time and is expressly granted by VIVOG SAS, failure to pay for the goods on the due date will result in : - the immediate payment of any other invoice, even the one that has given rise to the circulation of a draft; - the payment of a fixed indemnity equal to 40 euros. - the payment of an additional indemnity, on proof, when the recovery costs incurred are higher than the amount of the fixed indemnity. - the payment of a late payment penalty calculated on the basis of a rate equal to three times the legal interest rate. - the possibility for VIVOG SAS to cancel any other order in progress.
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The whole of the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, data bases, software, is protected by the provisions of the Code of the intellectual property and belong to VIVOG SAS.
The Buyer is prohibited from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part of them, with the exception of the acts necessary for their normal and proper use.
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The Buyer is informed that, during his navigation and in the context of the Order, personal data concerning him are collected and processed by VIVOG SAS.
This processing is subject to a declaration to the Commission Nationale Informatique et Libertés (CNIL) in application of the law n°78-17 of January 6th 1978.
The Buyer is informed that these data :
are collected in a fair and lawful manner,
is collected for specific, explicit and legitimate purposes
will not be further processed in a manner incompatible with these purposes
is adequate, relevant and not excessive in relation to the purposes for which it is collected and its further processing
are accurate and complete
is kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which it is collected and processed.
The Buyer has the right to object to personal data concerning him/her being processed and to the use of such data for canvassing purposes, in particular for commercial purposes.
The Buyer may question VIVOG SAS in order to obtain confirmation as to whether or not personal data concerning him/her are being processed, information concerning the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated, the communication of personal data concerning him/her as well as any available information concerning the origin of such data.
The Buyer may also demand that VIVOG SAS rectify, complete, update, block or delete any personal data concerning him/her that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited.
In order to exercise this right, the Buyer shall send a letter to VIVOG SAS in its capacity as data controller, at the following address: infos@vivog.fr
VIVOG SAS also undertakes to take all necessary precautions to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.
This data is used to process the Order and to improve and personalise the services offered by VIVOG SAS. It is not intended to be passed on to third parties.
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Any dispute relating to the interpretation or execution of the present contract will be subject to the application of French law.
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Any dispute relating to the interpretation or execution of these terms and conditions shall fall within the exclusive jurisdiction of the Commercial Court of Tours, even in the event of an incidental claim, a guarantee appeal and/or multiple defendants.
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Attention, very important!
You must check the conformity of the goods delivered at the time of delivery and before signing the delivery note (CARRIER). You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (damaged product...). This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note.
You must also confirm these reservations to the carrier by registered mail, (download the model of the letter of reservation), at the latest within two working days following the reception of the articles and send a copy of this letter to VIVOG - Services Contentieux - 2 rue de la Briaudière - CS40001 - 37515 Ballan Miré Cedex. If the products need to be returned to us, they must be returned within seven working days of delivery.
Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original, undamaged packaging.
If at the time of delivery, the original packaging is damaged, torn or open, you must check the condition of the items. If they have been damaged, you must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
Upon receipt of the article and after noting the damage, we will exchange it, give you a credit note or reimburse you, according to your choice. You must not throw away the articles.
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