I) TERMS AND CONDITIONS OF USE

Welcome to YvaR!

These terms and conditions describe the rules and regulations for the use of the YvaR web site, located at https://www.yvar.fr.

By accessing this web site, we assume that you agree to these terms and conditions. Do not continue to use YvaR if you do not agree to all of the terms and conditions set forth on this page.

1 - Cookies

The website uses cookies to help personalize your online experience. By accessing YvaR, you have agreed to use the required cookies.

A cookie is a text file that is placed on your hard drive by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store and track information for statistical or marketing purposes in order to operate our website. You have the ability to accept or decline optional Cookies. There are certain mandatory Cookies that are necessary for the operation of our website. These cookies do not require your consent because they always work. Please keep in mind that by accepting mandatory Cookies, you are also accepting third-party Cookies, which may be used via services provided by third parties if you use these services on our website, for example, a video display window provided by third parties and integrated with our website.

2 - Licence

Unless otherwise noted, YvaR and/or its licensors own the intellectual property rights in all material on YvaR. All intellectual property rights are reserved. You may access them from YvaR for your personal use, subject to the restrictions set forth in these terms and conditions.

You may not:

  • Copy or republish any material from YvaR;

  • Sell, rent or sublicense material from YvaR;

  • Reproduce, duplicate or copy material from YvaR; and

  • Redistribute content from YvaR.

This agreement is effective as of the date hereof

3 - Hyperlinking to our content

The following organizations may link to our website without prior written permission:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our website in the same manner that they hyperlink to the websites of other listed companies; and

  • System-wide accredited businesses, with the exception of nonprofit solicitation organizations, charitable business centers, and charitable fundraising groups, which may not hyperlink to our website.

These organizations may link to our home page, publications, or other information on the website, so long as the link: (a) is not misleading in any way; (b) does not falsely imply sponsorship, endorsement, or support of the linking party and its products and/or services; and (c) is within the context of the linking party's site.

We may consider and approve additional link requests from the following types of organizations:

  • Commonly known consumer and/or business information sources;

  • Community sites;

  • Associations or other groups representing charitable organizations;

  • Online directory distributors;

  • Internet portals;

  • Accounting, law and consulting firms; and

  • Educational institutions and professional associations.

We will approve link requests from these organizations if we decide that: (a) the link would not reflect unfavorably on us or our accredited businesses; (b) the organization does not have a negative record with us; (c) the benefit to us from the visibility of the hyperlink outweighs the absence of YvaR; and (d) the link is in the context of general resource information.

These organizations may link to our home page as long as the link: (a) is not misleading in any way; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) is in the context of the linking party's site.

If you are one of the organizations listed above and would like to link to our web site, you must notify us by sending an e-mail to YvaR. Please include your name, organization name, contact information, and the URL of your site, a list of all the URLs from which you intend to link to our web site, and a list of the URLs on our site to which you wish to link. Please wait 2-3 weeks for a response.

Approved organizations may hyperlink to our website in the following ways:

  • By using our corporate name; or

  • By using the uniform resource locator to which the link is made; or

  • By using any other description of our linked website that makes sense in the context and format of the content of the linking party's website.

No use of YvaR's logo or other artwork will be permitted for linking in the absence of a trademark license agreement.

4 - Responsibility for Content

We will not be held responsible for any content that appears on your website. You agree to indemnify and defend us against all claims that are raised on your website. No link shall appear on any website that could be construed as defamatory, obscene, or criminal, or that infringes, otherwise violates, or advocates infringement or other violation of the rights of any third party.

5 - Reservation of rights

We reserve the right to request that you remove all links or a particular link to our website. You agree to remove all links to our website immediately upon request. We also reserve the right to change these terms and conditions and its linking policy at any time. By continually linking to our website, you agree to be bound by and follow these linking terms and conditions.

6 - Removal of links from our website

If you find a link on our website that is offensive for any reason, you are free to contact us and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

We do not guarantee the accuracy of the information on this website. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

7 - Disclaimer of liability

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer shall :

  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liability in a manner that is not permitted by applicable law; or

  • exclude any of our or your liabilities that cannot be excluded under applicable law.

The limitations and prohibitions of liability set forth in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities in contract, tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any kind.

II) TERMS AND CONDITIONS OF SALE

These terms and conditions of sale are intended to define the contractual relationship between YvaR and the buyer and the conditions applicable to any purchase made through the website https://www.yvar.fr. The purchase of a product through this site implies the buyer's unreserved acceptance of these terms and conditions of sale, which the buyer acknowledges having read prior to placing an order. Prior to any transaction, the purchaser declares that the purchase of products on the site https://www.yvar.fr is not directly related to his professional activity and is limited to strictly personal use and that he has full legal capacity to commit himself to these terms and conditions of sale. YvaR reserves the right to change these terms and conditions at any time in order to comply with any new regulations or to improve the use of its site. Therefore, the terms and conditions applicable shall be those in effect on the date of the order by the customer.

1 - Products

The products offered are those listed on YvaR's website https://www.yvar.fr, while stocks last. YvaR reserves the right to change the product assortment at any time. Each product is presented on the website in the form of a description of its main technical characteristics. The photographs are as accurate as possible but are not binding on YvaR. The sale of the products presented on the website https://www.yvar.fr is intended for all purchasers residing in countries that fully authorize the entry into their territory of these products.

2 - Prices

The prices listed on the product pages of the Internet catalog are in Euros (€) and include all taxes. YvaR reserves the right to change its prices at any time, provided that the price listed in the catalog on the day of the order shall be the only price applicable to the buyer. The prices indicated do not include shipping costs, which are charged in addition to the price of the products purchased, depending on the total amount of the order.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and taxes are not the responsibility of YvaR. They are the responsibility of the purchaser (declarations, payment to the appropriate authorities, etc.). Please check with your local authorities for information on these matters.

3 - Payment Options

YvaR offers the buyer the option of ordering and paying for products in several steps, with 3 payment options to choose from :

  • Payment by check: the buyer selects the products he wants to order in the "shopping cart", modifies if necessary (quantities, references...). By clicking on the button "Proceed to payment", the buyer then informs the information related to shipping for the calculation of shipping costs and then by clicking on the button "Continue", informs the contact information (email, identity, postal address of delivery and phone number).

    Then, by clicking on the "Continue" button, the buyer chooses the method of payment of his choice: "Payment by check", must read and accept these general conditions of use and sale by checking the corresponding box. Finally, the last step allows him to validate his order by clicking on the "Order" button. This last click constitutes the final conclusion of the contract. Upon validation, the buyer receives an order form by email confirming the registration of his order.

    In order to finalize the payment and process the order, the buyer must print this order form, along with his check made out to the order and address specified during the validation of the payment method and also present in the order form sent by email. No cash payment should be sent. Only checks issued by a French bank will be accepted. Upon receipt of the check, the order will be processed and the buyer will be notified by email. YvaR will ship the products (time defined by the order processing time) upon receipt of the check for the order, subject to availability.

  • Payment by bank transfer: the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references...). By clicking on the button "Proceed to payment", the buyer then informs the information related to shipping for the calculation of shipping costs and then by clicking on the button "Continue", informs the contact information (email, identity, postal address of delivery and phone number).

    Then, by clicking on the "Continue" button, the buyer chooses the method of payment of his choice: "Payment by bank transfer", must read and accept these general conditions of use and sale by checking the corresponding box. Finally, the last step allows him to validate his order by clicking on the "Order" button. This last click constitutes the final conclusion of the contract. Upon validation, the buyer receives an order form by email confirming the registration of his order.

    In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of YvaR, whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by email. The company YvaR will ship the products (time defined by the processing time of the order) after receipt of the transfer corresponding to the order, provided that all products are in stock.

  • Secure payment by credit card (via the Strype system): the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references...). By clicking on the "Proceed to payment" button, the buyer then fills in the information related to shipping for the calculation of shipping costs and then by clicking on the "Continue" button, fills in the contact information (email, identity, postal address of delivery and phone number).

    Then, by clicking on the "Continue" button, the buyer chooses the payment method of his choice: "Popular payment options", must read and accept these general conditions of use and sale by checking the corresponding box. By clicking on "Continue", the buyer is redirected to the secure Strype interface in order to safely enter his personal credit card account information. By clicking on the "Pay" button, if the payment is accepted, the order is recorded and the contract is definitively formed. The buyer receives an order form by email confirming the registration of his order.

    The payment by credit card is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract binding him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the Cardholder's written objection. The holder will not be charged for the return of the sums.

The confirmation of an order implies acceptance of these terms of use and sale, the recognition of having perfect knowledge of them and the renunciation to take advantage of its own conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer wishes to contact YvaR, he may do so either by mail at the address listed in the "LEGAL NOTICE" section; or by email at the following address: contact@yvar.fr

4 - Retention of title

YvaR retains full ownership of the products sold until full payment of the price, including principal, fees and taxes.

5 - Retraction

Under Article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return.

6 - Delivery

Deliveries are made to the address indicated or to the collection point defined by the buyer on the order form, which can only be in the agreed geographical area. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The risks associated with transportation shall be borne by the purchaser from the time the items leave YvaR's premises.

The purchaser is required to check the condition of the packaging and the contents of the goods upon delivery in the presence of the delivery person. In the event of damage in transit, any protest must be made to the carrier within three days of delivery.

7 - Warranty

All products supplied by YvaR are covered by the legal warranty provided by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned to YvaR, which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by email to the following address: contact@yvar.fr, within thirty days after delivery.

8 - Liability

The company YvaR, in the process of distance selling, is bound only by an obligation of means. We shall not be liable for any damages resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruption or other unintended problems.

9 - Intellectual Property

All elements of the site https://www.yvar.fr are and remain the exclusive intellectual property of YvaR. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.

10 - Personal Information

YvaR is committed to preserving the confidentiality of the information provided by the purchaser, which he/she may be required to transmit for the use of certain services. Any information concerning the customer is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by email at the following address: contact@yvar.fr

11 - Settlement of disputes

The present conditions of remote sale are subjected to the French law. For all disputes or litigation, the competent court will be that of Tours (37).