General terms and conditions of sale

Vidiamo online store terms and conditions

1. Scope

1.1 These general terms and conditions (hereinafter: "the terms") apply to any offer from Vidiamo published on the website www.vidiamo.shopify.com (hereinafter: "the website") and to any distance contract (hereinafter: "the contract") which is subsequently concluded via the website between Vidiamo (also referred to hereinafter as "we"/"us") and a private individual, i.e. a natural person who is not acting in the course of a profession or business (also referred to hereinafter as "you"/"your").

1.2 In addition to these conditions, supplementary conditions may apply to certain products when this is formally mentioned for the product in question.

1.3 Before the contract is concluded, these terms and conditions and any supplementary terms and conditions will be made available to you electronically so that you can easily print them or save them on a durable medium. Furthermore, you can consult these terms and conditions at any time on the website.

1.4 The products shown on our website are only available in the following countries: Germany, Belgium, Spain, France, Italy, Luxembourg, Netherlands, Portugal, and the United Kingdom. Unfortunately, we do not deliver to all regions. Please check the website for current information.

2. Vidiamo's contact information

VIDIAMO SAS
54 rue Perronet
92200 Neuilly-sur-Seine
FRANCE

Communications manager: Benedicte Perrot
Customer Service: Tel. +33 688473597

Open Monday through Friday from 9 a.m. to 5 p.m.
Email address: info@vidiamo.com

VAT number: FR55 821 409 950

Vidiamo is registered with the Nanterre Chamber of Commerce under number 821 409 950 000 10.

The website is hosted by SHOPIFY INC, a Canadian company registered on the TSX and NYSE No. 426160-7, 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4 Canada

3. Offer, price, and shipping costs

3.1 The prices and delivery and/or shipping costs mentioned on the website include VAT.

3.2 If an offer or price has a limited period of validity or if an offer is issued subject to conditions, this is explicitly mentioned on the website for the offer in question.

3.3 Any delivery and/or shipping costs applied to your order are clearly indicated before the conclusion of the contract and are confirmed in the order confirmation.

3.4 While we make every effort to ensure that all prices and information on our website are accurate, errors can never be completely ruled out. If we discover an error in the price of one or more products you order, we will inform you as soon as possible and give you the opportunity to confirm your order at the correct price or cancel the contract. If we are unable to contact you within a reasonable time using the contact details you have provided, or if you have not confirmed your order at the correct price, the contract will be automatically terminated.

3.5 Payment in 3 or 4 installments without fees

Payment in installments with Alma.
If you pay for your order in installments, you accept Alma's general terms and conditions for customers, as well as Alma's specific terms and conditions for Vidiamo customers.

4. Contract Formation

4.1 The contract is formed when you click on the Order and pay button at the end of the ordering process.

4.2 Once your order is finalized, we will send you an order confirmation by email, including an overview of the products you have ordered, the total amount of your order and any applicable delivery and/or shipping costs (including VAT), your chosen payment method, and the delivery details. We will send you a shipping confirmation as soon as your order is ready in our warehouse and can be shipped.

4.3 Vidiamo may verify (within the limits set by law) your creditworthiness as well as all facts and factors relevant to the performance of the contract. If the results of this investigation give us good reason not to fulfill the contract, we have the right to refuse an order or request, stating the reasons for our decision, or to make its execution subject to specific conditions.

5. Cancellation or withdrawal of your order

5.1 You can cancel your order as long as we have not sent you a shipping confirmation. To do so, you can use the standard form on our website or call our Customer Service department at +1 866-866-8666
(Open Monday to Friday, 9 a.m. to 5 p.m.) or send an email to info@vidiamo.com, clearly stating that you are canceling your order and including your order number. We will send you a cancellation confirmation by email. If you cancel your order before receiving the shipping confirmation, we will fully refund all amounts you have already paid, including shipping costs, within 14 days of the cancellation. You will not incur any fees.

5.2 You have a cooling-off period during which you can cancel this contract without specifying a reason (withdrawal).

Strollers and similar products. You can cancel the contract for the purchase of these products without giving a reason, within a 30-day cooling-off period.

The cooling-off period begins on the day your order is delivered, whether to you or to a representative designated by you and whom you have notified us in advance.

5.3 During the cooling-off period, you must handle the product and its packaging carefully. You may only unpack and use the product to the extent necessary to decide whether you wish to keep it. The product may only be handled and inspected in the manner in which you would be permitted to do so in a store. You will only be liable for damage to the product if it is proven to be the result of handling of the product by you other than that permitted in this paragraph.

5.4 You can exercise your right of withdrawal by calling our Customer Service at +1 866-866-8666 (open Monday to Friday from 9 a.m. to 5 p.m.) or by sending us an email to info@vidiamo.com. We will then immediately send you an acknowledgment of receipt of your cancellation by email.

5.5 If you exercise your right of withdrawal, you must return the product and all accessories delivered in good condition and (where possible) in their original condition and packaging, within 14 days of exercising your right of withdrawal. Please also complete and affix the return label included with your delivery. This will expedite the return and refund process.

5.6 In order to exercise your right of withdrawal correctly and within the required timeframe, the risk and burden of proof lie with you. You will be responsible for the direct costs associated with returning the product.

5.7 If you exercise your right of withdrawal, we will fully reimburse all amounts you have already paid, including any (shipping) costs you have paid, within 14 days of receiving your cancellation notice. In the event of cancellation, you will only be responsible for the return shipping costs.

5.8 If you exercise your right of withdrawal, any other contract will be legally dissolved.

6. Delivery and retention of title

6.1 Orders are delivered no later than 14 days after being placed, to the delivery address you provided, unless a longer delivery period has been agreed upon. Our carrier does not deliver on Saturdays and Sundays.

6.2 If delivery is delayed or if an order cannot be fulfilled or cannot be fully executed, you will be notified no later than 14 days after it was placed. In such cases, you have the right to cancel the contract free of charge, after which we will fully refund any amounts you have already paid within 14 days.

6.3 If delivery of an ordered product proves impossible, we will endeavor to offer you a replacement product of comparable or superior quality. You are not obliged to accept this offer and may instead choose to cancel the contract free of charge, after which we will fully refund any amounts you have already paid within 14 days.

6.4 The delivery address is the address you provided when placing your order. Delivery has taken place and the products are considered delivered after you have signed the goods receipt at the delivery address mentioned.

6.5 Ownership of the products is transferred to you only when we have received full payment of all amounts due for the products. The risk of damage to and/or loss of the products is transferred to you upon delivery.

7. Payment

7.1 Unless otherwise provided in writing, you must pay the amounts due within 14 days of the start of the cooling-off period referred to in Article 5.2 of these conditions.

7.2 If you notice any errors in the payment details you have provided to us, please notify us immediately.

7.3 If you pay by credit card, we will request prior authorization from your credit card after receiving your order to ensure sufficient funds are available to complete the transaction. Your credit card will not be charged until your order is shipped from our warehouse. If we do not receive the requested authorization, we cannot be held liable for any delays or failures in delivery.

7.4 If you fail to meet your payment obligations to Vidiamo, we may charge you statutory interest as well as any reasonable costs Vidiamo incurs to obtain full payment, including collection costs. Furthermore, if you fail to meet your payment obligations, we are entitled to demand the return of any delivered products that remain our property. In such cases, you will be responsible for the return shipping costs.

7.5 Payments by Alma

Pay in installments with Alma

Payment in installments/deferred payment is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount

• P3X: Only purchases between $50 and $2,000 are eligible for payment with Alma.
• P4X: Only purchases between $50 and $2,000 are eligible for payment with Alma.

Costs

By paying in installments with Alma, the Customer does not pay any fees.

Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.

Termination

Any termination of the General Terms and Conditions of Sale binding the Seller and the customer shall entail the termination of the General Terms and Conditions of Use between Alma and the customer.

8. Conformity and warranty

8.1 We guarantee that the products and/or services conform to the terms of the contract, the specifications mentioned in the offer, reasonable requirements of reliability and/or functionality, and the statutory and/or regulatory provisions in force on the date of signature of the contract. If specified, we also guarantee that the product is suitable for a use other than its normal use.

8.2 Additional guarantee means any commitment on our part granting you rights or the right to make a claim, in addition to those provided by law, in the event of a breach of contract by us.

9. Communication

9.1 By using our website, you agree that communication with us will primarily take place electronically and that we will generally contact you by email regarding the performance of the contract or the provision of information. Please ensure that our emails are not filtered by an anti-spam program.

9.2 All messages you send us should preferably reach us by email.

9.3 A message is considered received and properly sent 24 hours after an email is sent, or three days after the date a letter is sent. To prove that a notice has been sent, it is sufficient to prove that a letter was addressed, stamped, and properly posted, or that an email was sent to the email address provided by the recipient.

10. Modification of these conditions

Any changes to these conditions will only come into effect after their publication and will only apply to contracts concluded after the changes have come into effect, it being understood that the provision most favorable to you will apply in the event of a change occurring during the validity period of an offer.

11. Complaints

If you wish to make a complaint about a product we delivered or about our services, you can send it by email to info@vidiamo.com. You will receive an email response no later than 14 days after we receive your complaint. If a complaint requires a longer processing time, we will send you an acknowledgment of receipt within 14 days, letting you know when you will receive a more detailed response. We will strive to handle your complaint as efficiently as possible, in consultation with you.

12. Applicable legislation

These terms and conditions and the contracts to which they apply are governed by French law. Disputes concerning the content and interpretation of these terms and conditions and/or contracts must be submitted to the competent court in Nanterre. Furthermore, this does not affect your rights under the laws of your country.

These terms and conditions were created on April 30, 2020.