Sales Terms & Conditions

Last updated on 11/01/2024

PREAMBLE

The VILLAMIZAR BRAND website (hereinafter the "Site") is an e-commerce space that offers an order and delivery service for remote Products and services such as order preparation, delivery etc. (hereinafter the "Service") for the benefit of the Client under the following conditions :

OBJECT

These General Sales Terms and Conditions are concluded between VILLAMIZAR BRAND, trade name of the company registered with the RSC of Nanterre under the number 834 737 371 whose French headquarters 11 Rue Jules Guesde 92130 Issy-les-Moulineaux, and any natural adult person not-commercial located in one of the delivery areas served and wishing to make a purchase on the Site for an amount without minimum purchase (hereinafter referred to as the “Customer”).

They aim to define the contractual relationship between VILLAMIZAR BRAND and the Customer, as well as the general and specific conditions applicable to any purchase. Any order placed by the Customer in this context is made by himself for his personal and non-professional needs.

The contract resulting from the actual order of the Customer falls under the regulation of distance selling, as it results from the legislative and regulatory provisions in force in France, as well as the provisions set out below.

ACCEPTANCE OF THE SALES TERMS

By placing an order on the Website, the Customer accepts the General Sales Terms and Conditions of the VILLAMIZAR BRAND website. It certifies that it has the capacity to contract, and acknowledges having previously read and accepted without restriction the conditions of sale applicable to its purchase at the time of placing the order and which include, in order of priority :

The General Sales Conditions. These General Sales Terms and Conditions shall prevail over any other general or particular conditions not expressly accepted by VILLAMIZAR BRAND.

The particular conditions of sale. The particular conditions of sale are those set out on the screen (prices, conditions and terms appearing in particular in the product sheets, order form). The said conditions will be accessible to him at the time of the order.

VILLAMIZAR BRAND reserves the right to modify its conditions of sale at any time without prior information to the Customer.

The conditions applicable and enforceable to the Customer will be those in force at the time of the effective validation by the Customer of his order registered by the Site.

The Customer is invited to read carefully the General Sales Conditions in force prior to any order, these are accessible at any time on the website of VILLAMIZAR BRAND.

PRODUCTS

Product Sheets. Each Product offered on the Site is the subject of a sheet accessible by clicking on the designation or photograph of the Product. This sheet presents the essential characteristics of the selected Product and aims to inform the Customer as fully as possible in accordance with article L.111-1 of the Consumer Code.

VILLAMIZAR BRAND strives to select photographs faithful to the Products, however variations may occur in particular in terms of color rendering. Therefore, the photographs illustrating the Products are indicative and do not fall within the contractual scope.

Availability of Products. The offers of Products presented on the Site are valid subject to availability. VILLAMIZAR BRAND does not guarantee that all Products presented on the Site are available. One or more Product(s) of the Site ordered may not be available at the time of order preparation. In this case, the amount of the order that the Customer has validated and correlatively the price that will be invoiced to him will be recalculated taking into account the missing Products and it will be re-credited the amount corresponding to the part withdrawn from the stock concomitantly with payment.

In case of total unavailability of his order, the Customer will have the choice between maintaining his order and being delivered at the time of restocking whose date will be transmitted to him, either not to order firmly but will have the opportunity to be notified of the restocking of the Product in stocks.

On certain Products, the customer may also make a Pre-order and will be informed of the date of delivery of the Product. In this case, the Pre-order process will be identical to that of an order for Products in stock. The Customer will be delivered on the scheduled date.

In the event that the delivery is delayed due to production requirements, the customer may maintain his order or cancel it and will be refunded in this case if the delay exceeds fifteen (15) days from the date initially scheduled.

ORDERS - Access to the Service

Creation of a Customer Account. Access to the Service offered on the Site implies the Customer’s provision of a computer and access to the Internet. Any connection and use of the Site fees remain at its sole expense.

The Customer accepts the use of the Service provided by VILLAMIZAR BRAND as is.

The Customer who wishes to use the Service expressly undertakes not to use false information or information of third parties.

Anyone can create an account for free by clicking on the « My account » icon on the homepage of the VILLAMIZAR BRAND website. In this case the Customer must enter his e-mail address. An email is automatically sent to the Customer to notify him of the taking into account of the creation of his account with a password automatically generated and a link to his secure page from which he can change his password and enter his and/or his addresses billing and delivery. If they do not receive it, the Customer is asked to check the address they entered or to check their mailbox.

Anyone can also create a customer account by clicking on the section « Save this data for the next time » after having constituted his basket and validate his order. To this end, it must :

• Proceed to the registration by completing the registration form « My personal information », where he will include, according to the information that will be requested online and in the fields provided for this purpose, the mandatory information for the consideration of his order, namely : his civilities, first name, last name, valid e-mail address and password, his telephone number (for delivery), and a delivery address.
• Validate your registration by clicking on « Save my data for the next time ».

An email is automatically sent to the Customer to notify him of the taking into account of the creation of his account with a password automatically generated and a link to his secure page from which he can change his password and consult his account. If they do not receive it, the Customer is asked to check the address they entered or to check their mailbox.

The identifiers and passwords are strictly personal and confidential. VILLAMIZAR BRAND takes all precautions to protect this data and informs the Customer that he will have to keep his password secret and not disclose it to a third party.

On subsequent visits or orders on the Site, the Customer may access his account by entering his email address and password as recorded during registration. If the Customer forgets his password, he can click on "Forgot password?". After entering their email address, the Customer will receive a link to reset their password directly by email.

Once registered, the Customer may at any time access the functionalities offered by his Customer Account allowing him to consult :

• its personal information
• its current order: from the validation of its order, and until delivery, the Customer can consult the list of its purchases and follow its order. The order can have several statuses: "in preparation", "shipped", "cancelled".
• its bills
• its order history

The Customer is informed that VILLAMIZAR BRAND may automatically and immediately suspend the validity of its identifiers (e-mail address and password) and access to its customer account, in particular in case of non-compliance with these Sales Terms and Conditions, existing dispute with the customer, and/or purchase behaviour generating suspicion of commercial resale of the Products.

In the absence of Customer Account Creation. The Customer may proceed with any order without creating a personal account, if he/she chooses not to click on the option « Save this data for the next time ». He will nevertheless have to fill in the registration form « My personal information » to see his order taken into account.

Order process. To place an order, the Customer must follow an order process :

Step 1 : The Basket

• Once the Product is selected, the Customer clicks on « Add to cart » and has the possibility to either continue his purchases by returning to the pages of the site, or to validate his cart by clicking on « Order now ».
• Before validating the order, the Customer finalizes the contents of his basket, if necessary changes the quantities, adds or deletes the Products and informs the place of delivery. This information allows him to know the cost of delivery and the total amount of his order.
• The Customer validates his basket after having checked it by clicking on « Validate the Order » then,
• either the Customer already has an account and he will have to identify himself, or he wants to create an account and he will have to click on the mention « Save my data for the next time », or he wants to place an order without creating an account.
• a summary of all items related to the order is then displayed. If he wants to continue, the Customer must accept these General Sales Conditions by clicking on « I have read and accept the General Sales Conditions » then click on « Pay the order » by choosing his method of payment proposed by the Site.

From the moment the Customer has confirmed his order by clicking on this button, he is considered to have knowingly accepted the content and conditions of the order, the fact that his/her order implies an obligation of payment on his/her part, prices, volumes, characteristics, quantities and delivery times of the Products ordered.

Step 2 : The Payment

• Once arrived on the page « Pay the order » The Customer must choose his payment method among those offered. If the case, the Customer must select his credit card in order to be directed to a secure access and enter his banking data under the conditions provided.
• The Customer validates his payment after having verified it by clicking on « Pay »

At the time of payment of the order, an authorization request is triggered with the relevant payment center. Any order can only be taken into account when the relevant payment centres have given their consent. In case of refusal of said centers, the order is not accepted and the Customer is notified by a message on the screen.

At the end of these two steps: the Order is confirmed.

Once the Customer has validated his payment, a page confirms to the Customer the registration of his order.

The Customer then receives an e-mail indicating :

• the Order No.
• the summary of the order (date, number of items ordered with the total amount, delivery cost, delivery method) which is valid only subject to change or availability in the conditions provided for herein.

It is the Customer’s responsibility to keep the e-mail on paper or computer.

As well as if the Product ordered is a Prototype, the Customer will receive an e-mail containing a download link of the Prototype ordered with the modeling package included.

In all cases, VILLAMIZAR BRAND reserves the right not to accept an order, for a legitimate reason, for example, to a foreseeable problem concerning the delivery to be made or to the abnormality of the order or because of purchasing behaviors generating a suspicion of commercial resale of the Products. In particular, any new orders from a Customer with whom there is a dispute related to repeated difficulties in the delivery or provision of previous orders may be refused, or in case of fraud or attempted fraud relating to the use of the Site, including in the case of previous orders.

In the event that an order is not accepted, VILLAMIZAR BRAND informs the Customer by any means.

Order Tracking. Delivery will be made at home by UPS, DHL or FedEx.

Upon receipt of the e-mail sent by VILLAMIZAR BRAND, the Customer who has created a personal account will have the opportunity to follow the progress of his order from his account. An order being prepared will be marked “in progress” and an order sent will be marked “completed”.

Limitations of orders and b2b Orders. For inventory management reasons, VILLAMIZAR BRAND limits the order by Customer of the same product to six (6) copies. To order larger quantities, please consult our FAQ | b2b section and then contact our Sales Division at the e-mail address: villamizarbrand@gmail.com quoting in Message subject: b2b Orders

PRICES AND PAYMENT METHODS

Price. The price of the Products is the price shown on the Site on the date of the order.

The prices of the Products are prices including VAT applicable on the day of the order. Any fluctuation in the exchange rate as well as any change in the VAT rate may be reflected in the price of the Products and delivery costs. The delivery costs, which are added to the total amount of the order, are indicated on the summary of the order after choosing from the Delivery Options. The amount of the order that the Customer will have validated by proceeding to his payment is the final and maximum price that can be charged to him -all taxes included and including the amount of the delivery costs-. This price may nevertheless vary in the event of unavailability of one or more Products ordered.

VILLAMIZAR BRAND reserves the right to change its prices at any time, without notice, however it is understood that the price indicated on the Site on the day of the order will be the only one applicable to the Customer.

Special Offers and Discount Vouchers. VILLAMIZAR BRAND reserves the right to offer time-limited introductory offers, promotional offers or price reductions on its Products and to revise its offers and rates on the Site at any time, under the conditions provided by law. The applicable rates are those in force at the time of the Customer’s order, which cannot avail itself of other rates, prior or subsequent to his order. The Discount Vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and usable only once unless otherwise stipulated by VILLAMIZAR BRAND.

Payment – payment methods. Payment can be made by Credit Card, PayPal or shop Pay. Cards from the Visa, Mastercard network are accepted.

The Customer guarantees VILLAMIZAR Brand that he has the necessary authorizations to use the payment method he has chosen for his order when registering his order. Payment must be made at the time of the order.

Any transmission of payment-related information takes place in a secure context.

When paying by CB (credit card), the transmission of a credit card number and its validity date, as well as its visual cryptogram (cvv) appearing on the back of the credit card used by the Customer, operates in a secure context on the server of the provider of VILLAMIZAR BRAND.

The communication by the Customer of his bank card number constitutes authorization to debit his account due to the amount of the order.

DELIVERY

Delivery areas. The Products are delivered in the Americas and Caribbean, Europe, Africa, Asia, Oceania on a selection of countries.

The Products are delivered, at the Customer’s choice, to his home or any other place designated by him, by the logistics partners UPS, DHL or FedEx.

Deliveries are made to the address indicated at the time of the order, which can only be in the geographical area and countries served.

Delivery times. Delivery times vary depending on the destination country.

Deliveries are made at home from Monday to Friday in the usual time slots and within the limit of twenty-five (25) working days, in particular determined by the Delivery Options as from the confirmation of the Customer’s order by VILLAMIZAR Brand, except in exceptional cases. Deliveries concerning the Products purchased in Pre-order take an additional period of 3 to 9 weeks because the delivery time must be added to the order.

Fees. Shipping fees are borne by the Customer and depend on the place of delivery (except for shipments in Colombia, country of manufacture, where delivery, excluding Outlet orders, is free).

Depending on the destination country, shipping fees and delivery times are calculated and fixed by our logistics partners.

To learn more about our delivery pricing policy, please check out our Orders & Delivery section.

The amount of the delivery fees is indicated on the order summary.

Receipt of goods. The delivery date corresponds to the date and time of delivery or first actual presentation at the delivery address indicated by the Customer in the order form.

The transfer of risks occurs at the time of the Products' delivery to the delivery address provided by the Customer.

An identity document or any other necessary proof (including payment card used for the order) may be required upon delivery.

In case of refusal of presentation or documents not corresponding to the information communicated during the order, VILLAMIZAR BRAND reserves the right to cancel the sale.

Delivery takes place only on the Customer’s landing; it cannot be carried out, even at the Customer’s request, in a cellar, in front or in a building hall.

In case of absence of the Customer at his home as part of a delivery by one of our logistics partners: this one will leave a notice of passage in the mailbox of the Customer. The customer will then have the time indicated on the notice to pick up his delivery at the post office or will have to go to the relay point he has chosen once informed of the arrival of his package and within the deadlines prescribed by our logistics partner.

If no one claims the order within the prescribed time, the package will go back to VILLAMIZAR BRAND - Colombia (country headquarters of shipments). It is the responsibility of the Customer to collect it, at its expense, from the Customer Service of VILLAMIZAR BRAND; or a forwarding would be possible whose delivery fees (full rate) at the expense of the Customer.

Late Delivery. When the ordered product is not delivered on the date or on the expiry of the period mentioned on the purchase order or provided for in the GTC, the Customer may, after unsuccessfully ordering VILLAMIZAR BRAND to fulfill its delivery obligation within a reasonable additional time, terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract shall be deemed to have been terminated upon receipt by VILLAMIZAR BRAND of the letter or writing informing it of such resolution, unless VILLAMIZAR BRAND has in the meantime carried out its obligations. When the contract is terminated under these conditions, VILLAMIZAR BRAND shall reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the contract was terminated. This clause corresponds to art. L216-2 and -3 of the Consumer Code.

Unless the law provides otherwise, and unless otherwise provided herein, delivery time overruns may not give rise to damages or indemnities of any kind. VILLAMIZAR BRAND reserves the right to transmit the Customer’s objection to the carrier in charge of the delivery, which may, if necessary, be led to request further information from the Customer regarding the reported delay.

Condition of the Product. VILLAMIZAR BRAND will proceed to the sending of orders with the utmost care and checking piece by piece. A visual record prior to each shipment with respect to the condition and packaging of the Product will remain in our Shipment Control archives showing good condition and optimal packaging at the time of dispatching.

When the Product is delivered by a carrier to the address indicated by the Customer, it is up to the Customer to check in the presence of the deliveryman the condition of the Product delivered and, in case of damage or incomplete delivery, issue reservations on the delivery note or on the transport receipt.

It is recalled, however, that given the artisanal conditions in which the Products are made, it is possible that the latter contain small irregularities, in particular with regard to the Products made with noble materials.

Damage. More precisely and in the event that the Customer finds, after opening the package/s, damaged or missing Products, the Customer must immediately and at the latest within 24 hrs of receipt inform the Customer Service by e-mail at villamizarbrand@gmail.com

The Customer Service may request any information relating to the identity of the Customer or third party designated by him to receive the package and carry out any verification, examination or investigation useful for this purpose.

RIGHT OF WITHDRAWAL

Statutory withdrawal period. In accordance with the provisions of articles L.221-18 and following of the Consumer Code, the Customer has a withdrawal period of fourteen (14) days from the receipt or collection of the package to exercise its legal right of withdrawal and inform VILLAMIZAR BRAND of its intention to return the said package or some of the Products. In the case of an Order for several Products delivered separately or in the case of an Order for a Product consisting of batches or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last Product, or batch/piece.

Methods of exercising the right of withdrawal. The Customer may exercise his right of withdrawal in the following ways :

Refund

In case of withdrawal from the Customer, upon receipt of the returned package and if the product is intact, VILLAMIZAR BRAND will refund the order, subject to compliance with the obligations mentioned above. VILLAMIZAR BRAND makes the refund using the same payment method used by the Customer for the initial transaction, unless it expressly accepts a different means; in any case, this refund will not incur any costs for the Customer.

The refund will be made as soon as possible and at the latest within fifteen (15) days from the day VILLAMIZAR BRAND received the return of the Customer.

When the period of fifteen (15) days expires on a Saturday, Sunday or a public or non-working day, it shall be extended until the first following working day.

Conditions. It is recalled that the legal guarantees of conformity and hidden defect are provided below for the benefit of Customers having the quality of consumer or non-professional and assume a normal use of the Products according to the uses in force. These warranties apply outside of any commercial warranty. It is advisable to check the product at the time of delivery and in the event that the delivered Product is non-compliant (product error, defective, damaged or incomplete product), to issue written reservations no later than three (3) days after delivery, without prejudice to the withdrawal period of fourteen (14) days. In the event of a lack of conformity or a hidden defect, the Customer shall return the defective Product to VILLAMIZAR BRAND. In any case, the legal deadlines will apply.

Legal Guarantees

Guarantee of conformity. The guarantee of conformity is a legal guarantee that applies outside any commercial commitment. The Customer has a period of two (2) years from the delivery of the Product to act under the legal guarantee of conformity. In this case, the Customer chooses between its repair or replacement. However, if this choice involves a cost that is clearly disproportionate to the other possible modality, taking into account the value of the property or the importance of the defect, the Customer’s choice may be ruled out.

Guarantee against hidden defects. The guarantee against hidden defects is a legal guarantee that applies outside any commercial commitment. The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the Customer may request the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. In any case, the article in question will be subject to analysis directly by the manufacturer, whether VILLAMIZAR BRAND or a third party.

Exclusion of warranties. Are excluded from warranty products modified, integrated or added by the Customer. The warranty will not apply to apparent defects. The warranty will not cover returned products damaged during transport or due to misuse.

Complaint. Any complaint must be formulated beforehand via the "Contact" section of the Site, or by e-mail at villamizarbrand@gmail.com

If applicable, the refund will be made within fifteen (15) working days upon receipt of the intact product by VILLAMIZAR BRAND, by bank transfer to the credit card used for payment. These provisions are not exclusive to the aforementioned right of withdrawal.

• RETURN CONDITIONS

Address. The Products should be returned to the following address: VILLAMIZAR BRAND headquarters Colombia Cra.57A # 127-95 Apartestudio 101, postal code 111111 Niza Córdoba, Bogotá DC - Colombia. The Customer will be asked to include a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order No. and the amount paid during the Order, as well as the withdrawal form or any other unambiguous statement as to the exercise of the right of withdrawal, a legal guarantee or, where applicable, commercial, justifying the return of the Product.

Condition. The Customer must return the Product in its original packaging and packaging, as it was addressed by VILLAMIZAR BRAND. Any Product damaged in relation to the original condition in which it was sent, incomplete, or whose packaging has been damaged may not be returned, exchanged or refunded to the Customer. In particular, any Product damaged or showing traces of new wear and tear and/ or odors may not be returned, including on the basis of the right of withdrawal.

Return Fees. The return fees are the responsibility of the Customer, including in case of exercise of the right of withdrawal.

Refund. After receipt of the package, VILLAMIZAR BRAND proceeds to the full refund of the returned Product, excluding delivery costs. In the event of an Order for several Products and the return of part of the Order only, the reimbursement of the delivery costs is made in proportion to the number of Products ordered and returned under the conditions provided. Unless otherwise provided by law, will be refunded only products that: (i) are returned in/with their original packaging and labels and (ii) have not been used or worn. In case of return not respecting the legal and/or commercial conditions provided, no refund can be due and the Customer will remain owner of the returned product, which he/she can come to collect directly from VILLAMIZAR Brand - Colombia, or which will be returned at its expense within a maximum of one month, following notification of the refusal of refund by VILLAMIZAR BRAND. 

SITE ACCESS

Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs related to access to the Site, whether hardware, software or Internet access costs are exclusively the responsibility of the User. VILLAMIZAR BRAND cannot be held liable for material damage related to the use of the Site. In addition, the User undertakes to access the Site using recent material, not containing viruses and with a latest generation browser updated and more broadly not to make use of the Site that may give rise to any civil or criminal prosecution under the laws in force. The User is solely responsible for the proper functioning of his computer equipment and access to the Internet.

Maintenance. The Site may be subject to maintenance. To this end, VILLAMIZAR BRAND reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to maintain it (including through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.

Contractual liability. VILLAMIZAR BRAND uses all reasonable means at its disposal to ensure continuous and quality access to the Site, but is under no obligation to do so. In particular, VILLAMIZAR BRAND cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control, which would prevent access to the Site.

Registration to the Site. VILLAMIZAR BRAND may provide a registration procedure to the Site to have access to a User space. The Identifiers allowing any User registered on the Site to access their account and order information. Any Login ID provided by VILLAMIZAR BRAND to the Customer is strictly personal, individual, confidential and non-transferable. The Customer will be liable for any unauthorized, fraudulent or abusive use of its Login Credentials. The User is invited to contact VILLAMIZAR BRAND if he has not received or has misplaced the information allowing him to connect so that they are sent back to him.

Loss of login credentials. The User will immediately inform VILLAMIZAR BRAND of the loss or theft of its Login credentials. In case of proven violation of the conditions of access to the Site, VILLAMIZAR BRAND reserves the right to suspend access to the Site, without compensation, notice or prior information. The subsequent provision of the Identifiers will release VILLAMIZAR BRAND from any responsibility towards the User who cannot hold it responsible for an unavailability of the Site.

The Client guarantees VILLAMIZAR BRAND against any lawsuit against it as such.

VILLAMIZAR BRAND can in no way be held responsible :

• in the event of false information or an error in entering the Customer’s contact details;
• in the event of misuse of its identifiers or the procedure for placing an order by the Customer;
• in case of manifest error of display of a derisory price.

VILLAMIZAR BRAND, in all stages of the online sales process, is held only by an obligation of means; it cannot be held responsible for technical or material errors, or any direct or indirect damage such as loss of data, intrusion, viruses, service termination, other involuntary problems or force majeure resulting from both the use of the Internet network and the Site.

VILLAMIZAR BRAND declines all responsibility :

• for any interruption of the Site;
• for occurrence of bugs;
• for any damage resulting from a fraudulent intrusion by a third party that resulted in a change in the information made available on the Site;
• and more generally for all damages, direct or indirect, whatever the causes, origins, natures or consequences, caused by the access of anyone to the Site or the inability to access it, as well as the use of the Site and/ or credit granted to any information directly or indirectly from the latter.

VILLAMIZAR BRAND assumes no liability for damages that may be caused to the Customer’s computer equipment as a result of its access to this Site such as the use or download of any of its elements (data, texts, images, videos or sounds etc.).

VILLAMIZAR BRAND cannot be held responsible for the delay, loss or improper distribution of an email, or its sending or not to an incorrect email address.

The Site may include links to other websites or other sources of the Internet. Insofar as VILLAMIZAR BRAND cannot control these sites and external sources, VILLAMIZAR BRAND cannot be held responsible for the provision of these sites and external sources, and cannot bear any responsibility for the content, advertisements, products, services or any other material available on or from these sites or external sources. VILLAMIZAR BRAND shall not be liable for any damage or loss proven or alleged to be consequential or in connection with access, use or reliance on the content, goods or services available on such external sites or sources.

VILLAMIZAR BRAND cannot be held responsible for the direct or indirect consequences of an order cancellation or a delay in delivery that is not attributable to it, in particular in case of disruptions of postal services or transport, and generally for any event beyond its control.

In any event, VILLAMIZAR BRAND’s liability is limited to the reimbursement of the sums paid for the acquisition of the Products, and without prejudice to its rights and remedies.

The Client of the Site acknowledges that VILLAMIZAR BRAND has fulfilled all of its obligations of advice and information concerning the essential characteristics and the modalities of operation of the Site.

PROTECTION OF PERSONAL DATA

VILLAMIZAR BRAND respects the privacy of its Users and Customers. It undertakes that the collection and automated processing of your data for the purpose of providing and improving the Site, commercial prospecting, management of Orders, contracts and delivery of Products, carried out from the Site comply with the General Data Protection Regulation (GDPR) and the Data Protection Act in its latest version.

The information requested as part of the forms available on the Site marked with an asterisk is mandatory and necessary for the management of requests, and failure to respond in a mandatory field will result in VILLAMIZAR BRAND being unable to process User requests.

The personal data of natural persons will not be kept beyond the time strictly necessary for the pursuit of the stated purposes. Certain data to establish the proof of a right or contract, may be the subject of an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions likely to occur.

Any User is informed and accepts that the Site may include technical devices that allow to track the use (account of the user connected, IP address, type of application used, various logs of connection and use to the User account, etc.) and are likely to be used in the context of anti-counterfeiting, and/or to identify and/or prevent any illegal or non-compliant use of the Site.

In accordance with the Data Protection Act and the GDPR, any person concerned by the processing carried out by VILLAMIZAR BRAND has, under the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to processing, the portability, erasure of its data as well as a right not to be the subject of an automated decision including profiling. The data subject also has the right to withdraw his consent at any time.

Any request for exercise can be sent by e-mail to: villamizarbrand@gmail.com Any person concerned by a processing of personal data has a right of complaint to the Commission Nationale Informatique et Libertés. For more information on automated data processing and how to exercise your rights, any User may consult the Privacy Policy accessible at any time on the Site and the information notices on cookies used by VILLAMIZAR BRAND.

CASE OF FORCE MAJEURE OR FORTUITOUS

The performance of VILLAMIZAR BRAND’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. This suspension may concern all or part of the Order. In this case, VILLAMIZAR BRAND will inform the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to restitution. If the definitive impediment is partial, only a partial refund will be granted.

Under the conditions provided by law, Customers expressly agree that they may not invoke a case of force majeure to postpone a payment (an invoice for example) of a Product or refuse delivery of an Order placed.

Are considered as cases of force majeure or fortuitous cases, in addition to those usually recognized by the jurisprudence of courts and tribunals and without this list is restrictive: strikes or social conflicts internal or external to VILLAMIZAR BRAND, natural disasters, fires, telecommunications interruption, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any kind or any other circumstance beyond the reasonable control of VILLAMIZAR BRAND.

INTELLECTUAL PROPERTY

VILLAMIZAR BRAND or its Partners own all intellectual property rights in and to the Site and Products. Intellectual property rights include but are not limited to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or the Products.

Access to the Site and/or the purchase of a Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way, all or part of the Site or the Products in violation of the rights of the owners of intellectual property rights in the latter.

The exploitation not previously authorized by VILLAMIZAR BRAND or its Partners, for any reason whatsoever, of all or part of the Site or the Products may be the subject of any appropriate action, including an interruption of access to the Site or an infringement action.

All distinctive signs used by VILLAMIZAR BRAND are protected by law and any unauthorized use by VILLAMIZAR BRAND may result in prosecution.

Non-compliance with the intellectual property of VILLAMIZAR BRAND or its Partners will be analyzed as a serious fault of the User or Customer prejudicing the Company which reserves the possibility, in this case, to claim any damages.

VILLAMIZAR BRAND shall under no circumstances be held liable because of difficulties encountered by the User or the Customer in accessing the Site due to a technical or software failure or any other cause that is foreign to it. The Customer acknowledges being warned of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result. Consequently, VILLAMIZAR BRAND cannot be held responsible for any unavailability, slowdowns or failures of the Internet network or any computer solutions, except in case of proven negligence on its part.

CUSTOMER REFERENCES AND COMMUNICATION

Customer reference. The Customer may be requested by VILLAMIZAR BRAND to be quoted as a buyer of a Product. With the agreement of the Customer, VILLAMIZAR BRAND may be authorized to mention the name of the Customer, the opinion that it has given to the Company on the Product as well as an objective description of the nature of the Product that has been sold to it in its lists of references and proposals for the attention of its prospects and its customers in particular on the Site, for promotional and advertising purposes, during interviews with third parties, communications to its staff, internal management documents, as well as in case of legal, regulatory or accounting requirements.

Operating authorization. When the Customer sends writings, videos and/or photographs to VILLAMIZAR BRAND to give its opinion or testify about the Product provided by VILLAMIZAR BRAND, and if applicable, issues comments or publications concerning VILLAMIZAR BRAND (for example, on its social networks), to which its identifier and profile photo are attached, then the Customer authorizes VILLAMIZAR BRAND to exploit these contents for the promotion of its commercial activities. The content may be protected by image rights and/or copyright, and in this case, the Customer grants VILLAMIZAR BRAND the opportunity to adapt them (in the form) and reproduce them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, VILLAMIZAR BRAND may take screenshots of the publications on social networks concerning the brand or on the Product delivered to the Customer, and reproduce them on the Site as notices.

The Client acknowledges that it has fully fulfilled its rights and will not be entitled to any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the whole world. VILLAMIZAR BRAND reserves the right to submit to the Customer any other request for authorization to take pictures and transfer rights, for all cases not provided for herein or on a one-time basis.

Event. The provisions of the preceding paragraph apply in the same way with regard to videos and photographs taken on the occasion of any type of event (public, reserved for customers, etc.) organized or co-organized by VILLAMIZAR BRAND. Recordings may be recorded and published by VILLAMIZAR BRAND, including on social networks. If the Customer does not wish to appear on a possible publication(s) of the images, he will like to place himself in the back of the room, not to participate in the grouped photos, not to make a sign to the photographer/cameraman in the field in which he could be placed.

EVOLUTION OF THE GENERAL CONDITIONS

VILLAMIZAR BRAND reserves the right to modify the terms, conditions and mentions of the GTC at any time and without notice in order to adapt them to the evolutions of the Site or the evolution of its offers. The applicable conditions are those recently accepted by the Customer and addressed to the Customer in case of distance selling by any means of communication on a durable medium.

The changes to the GTC made by VILLAMIZAR BRAND will not apply to the Products already ordered, except for clauses related to the technical evolution of the Site, as long as it does not result in any price increase, nor alteration of the quality or characteristics to which the non-professional or consumer Customer has subordinated its commitment.

The Customer may also be asked to accept the modified GTC and failing this, the latter having been accepted continue to apply until the Product is actually delivered. In case of impossibility for VILLAMIZAR BRAND to continue to deliver the Product under the previous conditions, the Customer has the right to request the termination and its refund.

RESPONSIBILITY

Responsibility of Users and Customers. The User or the Customer is solely responsible for the interpretations he makes of the information provided under the contents of the Products, the advice he deduces or that have been provided to him and the adaptations made for his own activities. The use of the information is under the sole responsibility of the Customer and at its own risk, which the Customer expressly accepts.

When the Product is delivered with a user manual or any user guide, including by reference to a URL link, the Customer undertakes to read and use the Product in accordance with the recommendations provided.

The Client assumes as a publisher, the responsibility for communicating information to the public and the editorial responsibility for all its physical and online communication, including but not limited to, its site or sites, blogs, social media pages and accounts. The Client is solely responsible for the quality, lawfulness and relevance of the data and content transmitted to the public.

Limitation of liability towards Professional Customers. Regardless of the type of Product ordered by the Professional Customer (b2b), VILLAMIZAR BRAND’s liability is expressly limited to compensation for direct damages proven by the Professional Customer. In no event shall VILLAMIZAR BRAND be liable for indirect damages such as loss of data, file(s), loss of business, commercial damage, loss of profit, damage to the image and reputation of the Professional Customer.

In the same way, VILLAMIZAR BRAND cannot be held responsible for direct and/ or indirect damage caused to the User’s material, when accessing the Site, and resulting either from the use of material that does not meet the conditions provided, either the appearance of a bug or an incompatibility.

IN ANY EVENT, VILLAMIZAR BRAND’S LIABILITY TO PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE PAID BEFORE TAX BY THE CUSTOMER IN CONSIDERATION OF THE SUPPLY OF THE PRODUCT IN THE CONTEXT OF THE DISPUTE. THIS AMOUNT IS UNDERSTOOD AS THE MAXIMUM THAT VILLAMIZAR BRAND MAY BE PAID AS COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE CHARGES OF ALLEGED HARM AND THE LEGAL BASIS RELIED ON UNLESS CONTRARY TO THE LAW OR CASE LAW.

GENERALITIES

The GTC and all purchase and sale transactions referred to therein are governed by French law. The GTC and the Site are written in French. In the event that they are translated into one or more languages, only the French text would prevail in case of dispute.

The nullity of a contractual clause does not entail the nullity of the GTC.

The temporary or permanent non-application of one or more clauses by VILLAMIZAR BRAND shall not constitute a waiver on its part of the other clauses of these GTC which continue to produce their effects.

The Customer agrees that VILLAMIZAR BRAND may assign this Agreement to its affiliates or to a purchaser without its prior consent.

Partial invalidity of the contract. In the event that one of the clauses of these General Conditions is null and void for any reason whatsoever, its validity and compliance will not be affected.

Failure by VILLAMIZAR BRAND to exercise the rights granted to it hereunder does not constitute a definitive waiver of those rights.

DISPUTES

Amicable resolution. In the event of a dispute, the Client will first contact VILLAMIZAR BRAND to try to find an amicable solution.

Mediation. In case of difficulty in the application of this contract, the consumer Customer residing in Europe also has the possibility, before any legal action, to seek recourse to any identifiable mediator on the site https://www.economie.gouv.fr/mediation-conso

The mediator will try, in complete independence and impartiality, to bring the parties closer in order to reach an amicable solution. The parties remain free to accept or refuse mediation and, in the case of mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can enter the Online Dispute Resolution Platform (ODL) accessible from the URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Applicable law and jurisdiction. These General Sales Terms and Conditions are subject to French law. In the absence of amicable settlement, disputes relating to orders placed on the Site are the exclusive jurisdiction of the French courts, notwithstanding plurality of defendants or warranty claim.

These General Sales Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in case of dispute.

Dispute between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND VILLAMIZAR BRAND RELATING TO THE ORDER, THE INTERPRETATION, THE PERFORMANCE AND/OR THE TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION SHALL BE VESTED IN THE FRENCH COURTS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CLAIM FOR WARRANTY, EVEN FOR EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS BY WAY OF SUMMARY PROCEEDINGS OR APPLICATION.