Terms and conditions

VIANNEY TERMS AND CONDITIONS

These Terms and Conditions (the "Terms and Conditions") apply to all persons who use this website, located at www.vianneyusa.com (the "Website"). These Terms and Conditions constitute the general terms and conditions of contract and, together with the other Contractual Documents of the Site, govern the relationship between VIANNEY CATALOG LLC ("VIANNEY") and: (i) Vianney's Clients (end consumer) who use the Website and/or (ii) persons who visit the Website and consult or use its content (the "Users"). Please read these Terms and Conditions carefully. By using this Website, you declare that you have read and understood the Contractual Documents of the Site and that you agree to be bound by the statements and clauses set forth therein.

1.- Background

Vianney has developed the website so that any Customer or User located in the United States of America can purchase any of the items listed on our Online site and request that said items be delivered to any address located in the United States of America. The use of this Website is governed by the laws of the United States of America. If you use this site from another country, you will be using our Website at your own risk and you are responsible for complying with the United States laws and those in force in the jurisdiction in which you are located.

2.- Vianney's statements

Declares that: (i) It is a commercial company incorporated under the laws of the United States of America; (ii) that it operates various stores selling household goods and accessories, located in various parts of the United States; (iii) that its primary activity is to sell to customers and users the merchandise that it has in stock in its stores and; (iv) that it has developed its online store so that customers and users can purchase through electronic means the merchandise that is displayed online on our website, under the terms agreed upon by the parties.

3.- Declarations of the client and user

You declare, on your own behalf: (i) to be a natural person, over 21 years of age and with full legal capacity to be bound by the terms of this contract; (ii) to be a Vianney customer or user; (iii) to have your domicile located in the United States; (iv) to wish to purchase items from the Online Store; (v) to be aware that all transactions carried out on the Website by yourself or by a third party on your behalf will be attributable to you.

In addition to the above statements, the client or user who has obtained a product within the website declares that he or she has a commercial relationship with Vianney which has been accredited with the acquisition of its products.

4.- Definitions

"Site Contents" - This term includes any information or material contained or published on the Website. It includes, but is not limited to: trademarks, designs, product descriptions, graphics, files, photographs or images; it also includes the code, computer programs, software representations, databases and any derivative works of the Website.

"Membership Agreement" - This is the Membership Agreement entered into between Vianney and the person who has requested membership. The Membership Agreement, duly accepted by Vianney, confirms the Member's membership in the White Goods and Home Accessories Stores operated by Vianney and allows the membership holder to enjoy the benefits thereof.

"Site Contractual Documents" - The term includes these Terms and Conditions, the Privacy Notice, the Delivery, Returns and Cancellation Policy and generally includes any contract, agreement, notice or policy that Vianney issues and publishes and that is applicable to transactions carried out through the Website.

"Home Goods and Accessories Stores," "Branch Stores," or "Warehouses." - These terms are used interchangeably to refer to any of the stores operated by Vianney within the United States.

"Client or User" - Any person who visits and/or uses the Website for any reason. The term includes ADIS, in all matters relating to their use of the Website.

5.- Object

These Terms and Conditions, together with the Contractual Documents of the Site, establish the general conditions of contract that are applicable: (i) additionally to the sales operations carried out between Vianney and Vianney's customers in the Online Store and; (ii) to your use of the Website and the Content of the Site.

6.- Access or use restrictions applicable to the Site

Anyone may visit and consult the pages of the Website.
The customer will be able to purchase VIANNEY products from the internet portal, check the status of their purchase, and track their order.
The customer will be able to consult the summary of their orders, price and shipping status from the internet portal, as well as the account statements of the orders placed by the customer, these will also be merely informative.
The Client may place orders from the portal for Vianney group products that are in stock at that time, following all the steps requested by the portal itself.
The customer may cancel orders from the portal, for the products they have requested, following the procedures specified in the “order cancellation” section of these terms and conditions and complying with all the steps requested by the portal itself.
Deliveries of items only in the United States of America. This Website may only be used to purchase items that are to be delivered to an address located in the United States of America.
Restriction on minors and incapacitated persons. To purchase from this Website you must be at least 21 years of age. Vianney does not knowingly encourage or permit minors to use this Website. If you are under 21 years of age or your contractual capacity is limited by applicable law, you must not send us Purchase Orders or use our Website in any way.

7.- Permission to use the Website; permitted uses and restrictions

If you meet the requirements set out above and are not subject to any of the restrictions referred to in Clause 6 above, Vianney grants you a personal, non-exclusive, revocable and non-transferable license to use our Website to purchase products.

This permission is subject to restrictions and does not include, but is not limited to, the following uses: (i) using the Website to resell products or make any other commercial use of the Website or the Contents of the Website; (ii) carrying out the modification, adaptation, translation, reverse engineering, disassembly, decompilation or conversion of any format or computer program that exists of the Website; (iii) copying, imitating, replicating for use on mirror servers, reproducing, distributing, publishing, downloading, displaying or transmitting any Contents of the Website (including trademarks) in any form or by any means; this restriction includes, but is not limited to, the following means: electronic, mechanical, photocopying, recording or any other means; (iv) collecting and using any product listings or product descriptions; (v) making modifications to the Website and/or the Contents of the Website or making any derivative works from such materials; or (vi) using any automated mechanism or tool (including bots , spiders, etc. ) among others) or any similar method or technology that has as its purpose or consequence, the extraction, obtaining or compilation, directly or indirectly, of the Contents of the Site, or of any information or personal data related to the Website.

Except for the uses of the Website that have been authorized in this clause, it is noted that Vianney does not grant you, explicitly or implicitly, any right or license to use any patent, trademark, copyright, rights of access, use or exploitation of databases or any other intellectual property right belonging to the Group Companies or any third party, under applicable law (including copyright or industrial property rights). You must not use meta-tags or hidden text that includes the name, trademark or product names of the Vianney Group Companies without obtaining prior express written consent from Vianney.

Vianney reserves the right to terminate this business relationship at any time if you breach any of the clauses set forth in the Site's Contractual Documents or if you allow or tolerate a third party to breach such clauses. In such event, Vianney may cancel your account on our Website and prohibit you from accessing or using it, and in this case you will be subject to tracking and monitoring of your activity within the site. Please note that engaging in conduct that contravenes the clauses set forth in the Site's Contractual Documents may also result in a violation of the law (including copyright, industrial property, commercial, telecommunications or criminal legislation, among other provisions). Vianney reserves the right to exercise against you any commercial, criminal, civil or administrative action that may be appropriate under the law, to defend the rights of Vianney or any User of the Site.

8.- Users of the Website assume the following obligations:

Comply with all clauses contained in these Terms and Conditions and in the Contractual Documents of the Site.
Provide the Website with complete, correct and up-to-date information. The User undertakes to notify Vianney of any changes to the information previously provided (including delivery addresses). To this end, please use the options that Vianney offers to correct your personal data in terms of our Privacy Notice.
Keep any data provided by you when making your purchase secret and confidential. In the event that you consider that you have lost control over the confidentiality of your data, notify Vianney of this situation immediately by contacting our customer service area at the email info@vianney.com.mx. You are responsible for any transaction that is made through your account or in your name (made by yourself or by a third party) that occurs before you have notified us of this situation. Vianney assumes no obligation with respect to these transactions.
The User agrees not to use the Website to: (i) participate in, encourage or advocate a crime; to perform actions that violate the rights of third parties or that result in the violation of any national or international law; (ii) impersonate another person or entity or falsely or fraudulently use any right associated with his or her affiliation; and (iii) disseminate through the Website platform any information, program or code that could cause damage, including a virus, Trojan horse, worm, packet analyzer (snifer), or other computer programming code that could damage, spy on, interfere with, intercept or extract information or personal data from our computer systems, the platform on which the online store operates, or the equipment, networks, systems and computer programs that our Users use to interact with the Website.

Vianney operates this Website; however, Vianney has no ability to monitor compliance with applicable laws among the various persons and entities participating in the Website; therefore, Vianney assumes no responsibility for any content posted or uploaded to the Website by third parties, including content that may be misleading, defamatory, libelous, slanderous, omitted, threatening, false, or that may be considered pornographic or that advocates or encourages any unlawful act. Vianney has the right (but is not obligated to) investigate any User conduct that is reported or perceived to be illegal or that may contravene the expressly authorized use of the Site; Vianney may conduct this investigation on its own initiative or at the request of a third party. If you believe that conduct that violates any rights is occurring on our Website (including any violation of trademarks, copyrights or any other law), please send us an email to legal@vianney.mx .

Vianney reserves the right to take any technical or legal action it deems appropriate to protect Vianney's interests or the rights of third parties. These measures include issuing warnings to any User or suspending, interrupting or cancelling a User's access to or use of the Website.

9.- Security Measures

Vianney reserves the right to take unilateral action (including terminating, deactivating or disabling any user account or disabling their password at any time) when such action is necessary to maintain the security of the Website; we may also request additional information from you from companies that support us in fraud prevention and investigation processes, in order to evaluate whether or not we should authorize or cancel a transaction.

Vianney has adopted technical, physical and administrative security measures to protect your account and the Website; however, we cannot protect your information outside of the Website.

Please see our Privacy Notice for more information on how we use, obtain, store, transfer and protect your personal data.

10.- Intellectual property

Ownership of Site Contents. All Site Contents are the property of the Vianney Group Companies or of their manufacturers or suppliers and are protected in the United States of America and other countries by copyright and industrial property laws and by international treaties on intellectual property.
Trademarks. VIANNEY, VNG, VNG NUEVA GENERACION, BIASI, among others, and their respective designs and logos are registered trademarks owned by the Vianney Group Companies and may not be copied, imitated or used, in whole or in part, without the prior written authorization of the Vianney Group Companies.
Restrictions on Use. No Content from the Site or any other intellectual property or other proprietary material relating to the Website may be copied, reproduced, distributed, replicated, downloaded, displayed, posted or transmitted in any form or by any means, without our prior written permission or the prior written permission of the owner of the intellectual property rights; including, but not limited to, electronic, mechanical, photocopying, recording or any other means. You may electronically copy and print certain materials from this Website for your personal, private and commercial use, which are expressly made available on the Website ready for downloading, for the purpose of selling Vianney products and for no other purposes. Any other use of the materials on this Website without our prior written permission is prohibited.
Software. Any software, including any files, images incorporated in or generated by the software, and any data accompanying the software (the "Software") that may be made available through the Website or facilitate its operation may be used only in accordance with the license granted to you by us in these Terms and Conditions. The Vianney Group Companies retain at all times all intellectual property rights in the Software. You may not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create adaptations, modifications or derivative works from our Software without the express written permission of the Vianney Group Companies.

11.- Hyperlinks

Links permitted to our Website Vianney allows the creation of a hyperlink linking a third party website solely and exclusively to the home page of our Website; the right granted is non-exclusive and is granted provided that the hyperlink does not imply representing any of the Vianney Group Companies or any of their products and services in a derogatory, false, misleading or defamatory manner. The right granted is subject to restrictions and may be revoked by Vianney at any time. The use of any Content on the Site protected by the intellectual or industrial property rights of the Vianney Group Companies (including trademarks, texts, design of any page or form) without our prior written consent is prohibited. Any other form of linking between our Website and another site without our prior written consent is prohibited. Unless expressly stated, the right granted in this clause does not confer the implicit or explicit granting of any license in favor of any person or entity.
Link between our Website and third party websites. Our Website offers Users hyperlinks that allow them to access third party websites, to whom we have authorized the use of said technology to offer products, services or information. Please note that Vianney has no control over said third party websites and, therefore, we cannot assume, nor do we assume, any responsibility for the content of said pages or for their practices regarding the protection of personal data. Users are advised that the fact that we allow the existence of these links does not imply that we have approved or endorsed these websites or any information they contain. We do not offer any guarantee regarding third party websites and we do not assume any responsibility for the quality, accuracy or reliability of the content included therein.

12.- Risks of using the Website; no guarantees are given

Each User of the Site agrees that he/she uses the Website at his/her own risk. This Website and the materials contained herein are provided on an "as is" basis and, to the extent permitted by applicable law, without warranties of any kind. Vianney makes no express or implied warranty as to the quality or suitability of the information or the suitability of the Website or its content for a particular purpose; Vianney makes no express or implied warranty that use of the Website will meet the User's requirements or that the materials on this Website are accurate, reliable, complete, up-to-date or error-free. Vianney is not responsible for typographical errors or omissions relating to pricing, text or photographs. Vianney does not warrant that this Website or its server(s) are free of viruses or other harmful components even if Vianney or its representatives have been advised of the possibility of the existence of such viruses or other harmful components. We recommend that you use commercially available virus detection software when accessing or using this Website and keep such software up to date. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Vianney.

Vianney does not guarantee that all information handled on the portal is in real time at the time of use, including queries on products in stock, invoices, account statements, orders, order cancellations, product stock and any other information existing on the portal.

13.- Limitation of liability

To the extent permitted under applicable law, Vianney assumes no liability for any damages or losses that may be caused to a User: (i) by the use of the Website or by the inability to use the Website or the interruption or discontinuance of our Online Store service; (ii) by the updating or lack of updating of the Content of the Website or by the inaccuracy of any information; (iii) by transactions made with credit cards that have been reported as stolen; the foregoing because Vianney does not retain your card data, but only receives approval from the issuing bank for the transaction.

Any use of the products purchased by the Vianney Partner is the sole responsibility of the person using the goods. Once the product is delivered to its recipient, the user is responsible for the way in which he/she uses the items.

Notwithstanding the provisions of the preceding paragraph, if Vianney is found to be liable to You, regardless of the cause, our liability to You or any third party, the parties to this contract agree that this liability is limited by the conventional penalty that Vianney and the Vianney Partner agree to in this act. The parties agree that said conventional penalty will be equivalent to the amount of the total price that You have paid us for your Purchase Order.

The provisions set forth in this clause do not exclude any liability that may arise for Vianney in its capacity as seller of the items or any civil liability that may arise under applicable law.

14.- Termination

Vianney reserves the right to terminate your use of this Website at any time.

15.- Assignment of rights and obligations

The User may not assign the rights and obligations established in these Terms and Conditions and in any other Contractual Document of the Site; Users hereby grant Vianney authorization to assign to a third party the rights and obligations of Vianney arising from these Terms and Conditions.

16.- Modifications

Vianney may modify these Terms and Conditions and, in general, the Contractual Documents of the Site. In such case, we will publish the new version of the modified document on the Website and will note on said document the date on which it was last updated. If we consider that the proposed modifications are material to our relationship with you, we will make an effort to notify you (e.g. through a communication to your last registered email address) of the fact that Vianney has made modifications.

Any changes or modifications will become effective within 30 calendar days from the date the modified version is posted. If you do not agree to the new Site Contractual Guidelines, please stop using the Website. By using our Website after any of our Site Contractual Documents become effective, you are expressing your consent to the terms contained therein. Notwithstanding the foregoing, it is noted that the modifications will not be applied retroactively to orders that are in the process of delivery, which will continue to be governed by the Site Contractual Documents that were in effect at the time of the Purchase Confirmation.

17.- Separate validity of clauses; waivers

In the event that any provision contained in the Site Contractual Documents is declared to be illegal, void, invalid or unenforceable, then to the extent permitted by law, such illegality, nullity, invalidity or unenforceability shall not affect the validity of the other provisions set forth in the Site Contractual Documents, which shall continue to be enforceable between the parties.

18.- Waiver of rights

Vianney's failure to exercise any right set out in the Site Contractual Documents in whole or in part shall not be construed as a waiver of such right. Any waiver of rights by Vianney must be in writing.

19.- Third party rights

Except as expressly provided by applicable law, no third party that is not a party to this Agreement (other than any of the Vianney Group Companies) shall have any right to enforce any provisions contained in the Site Contractual Documents.

20.- Subtitles

The subheadings used as headings at the beginning of each clause are included solely for the purposes of clarity and ease of reading. They are not intended to describe the entire content of a clause nor should they be considered for the purposes of interpreting these Terms and Conditions. The interpretation of each clause must be made in accordance with its content.

21.- Questions, complaints and claims

In case of doubts, complaints and/or claims relating to the content of the Contractual Documents of the Site, you may contact us using the telephone numbers and addresses available for consultation in the "Contact Us" section of our Website.

22.- Applicable legislation and jurisdiction

If you are dissatisfied with the items purchased through the Website, please contact us at the telephone numbers or through the means available in the Online Store. We will do everything possible to resolve your problem within the following 30 business days from the date on which you send us your complaint.

For the interpretation and fulfillment of this contract, the parties agree to submit to the laws of the United States of America.

23.- Taxes

When purchasing any of our products, each party is responsible for covering the taxes generated by said purchase according to the tax obligations of each state.

24.- Security

The products that Vianney delivers have generally accepted standards for the packaging of their products, thus complying with quality standards. However, since they are plastic packages, they should not be left within reach of children.

DELIVERY, RETURNS AND CANCELLATION POLICY

This policy applies to items purchased through our online store: www.vianneyusa.com

We offer free shipping on orders of $49 USD or more within our coverage areas. For smaller orders, a calculated shipping fee will be applied at checkout. Some restrictions may apply. We reserve the right to modify this policy at any time.

Does Vianney charge any fees for delivery of items?

Yes, the charge paid for the delivery of the item will be quantifiable at the time of issuing your purchase order, clarifying that the cost of the product that appears on the page does not include this charge.

What methods does Vianney use to deliver items?

Delivery of items: All items will be delivered by the FEDEX courier company, the delivery time is 4 to 6 business days from the day you receive your purchase confirmation and will be regulated under the guidelines of the courier company, which can be consulted on the page https://www.fedex.com/apps/fedextrack/?cntry_code=mx&tab=1&tracknums=&clienttype=wtrk/

Before placing an order, please plan how you will load the items into your home. Also, check if there are any special delivery conditions for the selected item. Special delivery conditions can be found on the "Delivery Terms" page of the shipping company located on the shipping company's website, in this case, FedEx.

Partial delivery of items from an order: Items are shipped from our distribution center in the United States of America, currently in Katy, Texas. Therefore, you may receive items covered by the same order in different deliveries, depending on the availability of our products at the time of your purchase.

Discontinued products: these products cannot be exchanged or returned, as they are unique products in existence. Only in the event that your product has a factory defect, in which case an exchange for another product of the same price or higher, paying the difference, or in a second instance, a refund of your money, would apply.

How can I track my order?

Enter the portal page at www.vianneyusa.com as an ADI client, in the “ADI Services” section and at the top there is a box with a yellow button where you can find this service.

To know the status of your order, please check the email that you registered, which will be notified of the current status of your order.

What are the payment methods?

The payment methods accepted on this website are as follows:

- Credit and debit cards, which the website will indicate which are accepted at the time of purchase.

-Effective at the time the user receives their product, for which any situation that arises will be regulated by the FEDEX parcel company, under the regulations found on the FedEx website. https://www.fedex.com/in/domestic/services/cod.html

-Paypal

Why has my order not arrived on time?

There may be several reasons for this. For example, adverse weather conditions or holidays are some of the main reasons. Please check your email account periodically to see if we have sent you any special notification explaining the reason for the delay or to track the status of your order on the website.

In the event that an order does not arrive within the stipulated period, you may opt for the option of exchanging the product for another one that is in stock on the website at the time of ordering, or otherwise, a refund of your money.

You just need to contact customer service via the chat on the website www.vianneyusa.com or via email at info@vianney.com.mx , they will proceed to process your case. A return label will be sent to you so that you can return the merchandise if it is about to arrive, or the shipment will be cancelled and your money will be automatically refunded.

What happens if my item is damaged?

Please contact customer service via the chat on the website www.vianneyusa.com or via email at info@vianney.com.mx , providing images as evidence.

We will send you a return label so you can return the merchandise to us at no cost, and we will refund your money or send an item in good condition.

To make this warranty valid, please examine the goods covered by your order carefully before signing for receipt or as soon as possible. If you notice that the item is damaged, refuse delivery and do not sign for receipt.

Why have I only received part of my order?

Even if you have purchased several items in the same purchase order, it is possible that you receive these items in separate deliveries. Please contact an online advisor or email info@vianney.com.mx

Are there any delivery restrictions regarding shipping?

For reasons beyond the company's control, deliveries cannot be made to "PO Boxes" or "Military APO's" addresses. Using one of these addresses may delay the shipping time and warranty of your product.

Is there a warranty on my product?

Yes, Vianney guarantees the quality of its products against factory defects. If you detect any factory defect, please contact us via chat on the website www.vianneyusa.com or by email at info@vianney.com.mx to process the return or replacement of your product.

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