Terms and conditions
Last Updated: December 4, 2024
Welcome to the website of Yellow.com and its brand Voyage à Rodrigues (“VAR”) (the“Website”).
By placing an order with VAR (“VAR”, “we”, “our”, or “us”) for products sold on the
Website (“Products”), you will be deemed to have read, understood, and accepted these online product sales terms and conditions (“Terms and Conditions”). Please read them carefully, and if you are not satisfied with their content, we advise you to contact our Customer Service before placing any order with us.
We may make changes to these Terms and Conditions at any time. To find out
the date of the last update of these Terms and Conditions, please refer to the
top of the page. Each time you order Products from us, the Terms and Conditions in force at the date of the order will apply to the contract concluded between you and us. If we need to make changes to these Terms and Conditions and if these changes have significant implications for your order, we will contact you to inform you of the changes sufficiently in advance and the procedure to follow to cancel the contract if you are not satisfied with them.
1. About VAR
All sales on this Website are made by Yellow.com Ltd, a company registered in
Mauritius with its registered office at Coastal Road 33 Roches Noires, registration
number C19164978, via its branch Yellow.com (France), a company registered in Aix en Provence under number 937 755 114, with its registered office at 4376 route de Galice 13090 Aix en Provence.
2. Other Policies
Other policies, including the following, are also an integral part of these Terms and
Conditions and should be read carefully before placing an order:
- Privacy Policy (relating in particular to the collection and processing of your
personal data in connection with your purchase of products on our Website);
- Cookie Policy;
3. Eligibility
To make a purchase via the Website or to use any of the services or features we
provide on the Website, you must create an account. When registering, you must
provide us with information about yourself, which includes your name, telephone
number, and email address, which must be accurate, up-to-date, and complete in all respects. If the information provided at registration changes, you must immediately update your online account. We may make changes to the registration terms at any time. In addition, when placing any order, you must provide bank details. You declare and warrant that the bank details provided when placing any order are both valid and correct and that you are the person whose name appears on the billing documents provided.
The purchase of Products via the Website is strictly limited to persons who can legally enter into contracts on the Website in accordance with French law.
4. Pricing Policy
We have taken special care in preparing the content of this Website, in particular to ensure that the details, descriptions, and prices mentioned at the time of its publication are accurate. However, we will only accept orders if there are no significant errors in the description of the Products or their prices as displayed on the Website. All prices are inclusive of VAT and exclude delivery charges. The total amount of your order is the amount of the Products ordered plus VAT at the rate in force at the time and the delivery charges mentioned during the payment process.
We do not debit your bank account until we have shipped your order. The prices of the products in your cart will always be the same as the most recent prices as displayed on the page containing the detailed information of the Products.
Please note that no VAT exemption will be made for an online order. We invite you to contact us for any further information request.
5. Availability
All Products are subject to avail ability. The prices as displayed on our Website will apply as long as the Products are available or for any period stipulated therein. We will inform you as soon as possible if the Products you have ordered are not available.
6. Order Errors
You can correct any erroneous order as long as you have not clicked on the “Place Order” (or equivalent) button on the last page of the order process.
7. Confirmation and Acceptance of Your Order
We will send you an order confirmation email with an order number as soon as possible.
If we are unable to fulfill your order after confirming it, we will notify you by email or telephone. We will confirm the acceptance of your order in an email that will inform you that the products have been shipped (“Shipping Confirmation”). A legally binding contract between you and us will be formed upon sending the Shipping Confirmation (or, in the unlikely event that no Shipping Confirmation has been sent due to a processing error, upon shipment of the Products by our services) (“Contract”).
If you wish to obtain information about your order, please write to us at the following address: contact@voyagearodrigues.com, specifying your order number. We may refuse your order if the product you wish to purchase is no longer in stock, if we have identified an error concerning an item, or if we are unable to obtain authorization for your payment.
8. Pre-Order
In the event of stock shortages or payment authorization refusal by banking
organizations, VAR reserves the right to cancel or suspend any pre-order until
shipment. The express delivery option is not available for a pre-order.
9. Delivery
Deliveries can only be made in metropolitan France (including Corsica and Monaco but excluding Overseas France). Not all of our delivery methods may be available throughout metropolitan France. If you have questions about delivery outside metropolitan France, we advise you to contact Customer Service.
We deliver the Products according to the delivery method you have chosen. When
used, the term “working day” excludes Saturdays, Sundays, and public holidays. Upon delivery of the Products, we will provide you with sufficient information to enable you to exercise your legal right of withdrawal and to enable you to send any withdrawal request to the appropriate recipient or return the Products. For more information, please refer to the sections on returns and the right of withdrawal in these Terms and Conditions.
If offered, free delivery will only apply to standard delivery. 24-hour delivery, express delivery, and international delivery are excluded from this offer. We will do our utmost to deliver the ordered Products within 3 to 8 working days from the date of conclusion of the Contract.
10. Inspection
You must inspect the Products upon receipt and verify that everything listed on the
delivery note is present. We will consider that you have accepted the order unless you notify us to the contrary (and return the Products in accordance with your right of withdrawal or any other legal right (as stipulated in clauses 9 and 10 below).
11. Your Right of Withdrawal
As a consumer, you have the legal right to withdraw from a Contract within 30 days of delivery of the Products. This means that during this period, if you change your mind or decide for any reason that you do not wish to keep a Product, you can inform us of your decision to cancel the Contract and obtain a refund. The right to return Products to us also applies to sale items.
The right to return items to us does not apply to Products (i) made to your
specifications; or (ii) that have been visibly personalized or (iii) that, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly or (iv) that are sealed and cannot be returned for hygiene or protection reasons if they have been unsealed upon delivery.
To cancel a Contract, you simply need to: (i) inform us of your wish to withdraw within thirty (30) days of receipt by means of an unambiguous statement or by using the model withdrawal form attached to these Terms and Conditions; (ii) return your order accompanied by the completed return form and the prepaid label already provided in your package.
If you need more information about returning your order, you can send an email to
contact@voyagearodrigues.com or contact our Customer Service by post at the following address: Yellow.com (France) 4376 route de Galice 13090 Aix en Provence.
If you send us a letter or email, please include information about your order to help us identify it.
If you withdraw within 30 days of the delivery date of the products: (a) You must return them to us as soon as possible (in the original unopened packaging) and no later than 14 days from the day you notified us of your wish to cancel it; (b) The Products must be returned to the following address: Neolys (France) Boulevard d'Italie quai 607, 77127 Lieusaint. (c) Customers wishing to return Perfumery Products must comply with the labelling and packaging instructions established by the Post Office or any other shipping service used; (d) If sending by post, we recommend that you obtain proof of posting as we do not accept responsibility for Products lost in transit; (e) We will refund you the price of the Products. However, please note that your refund may be reduced to reflect any depreciation of the Products if you have handled them in a way that would not be permitted. (f) We will refund you the delivery charges you have paid, although, as the law allows, the refund is offered according to our Refund Policy. (g) If you cancel your
order but do not return the Products to us within 14 working days of notifying us of your wish to cancel the order, we will be entitled to retain the refund amount.
12. Warranties
We undertake to deliver Products to you that conform to those you have ordered. As a consumer, you have legal warranties if the Products have defects or do not conform to their description.
We are subject, in particular, to the legal warranty conditions provided for in Articles L.217-3 et seq. of the Consumer Code (legal warranty of conformity) and Articles 1641 et seq. of the Civil Code (legal warranty of hidden defects).
Excluded from the warranty are damages resulting exclusively from modification, repair, integration, or addition by you.
These rights (which are summarized in general terms below) do not affect your right to choose to return the Products and obtain a refund under the terms of Article 9 above or to avail yourself of any other provisions of these Terms and Conditions.
12.1 Legal Warranty of Conformity
When you act under the legal warranty of conformity: i) You have a period of two (2)years from the date of delivery of the Product to take action; ii) You can choose between the repair or replacement of the Product, subject to the cost conditions provided for by Article L217-12 of the Consumer Code. iii) You are exempt from proving the existence of the conformity defect of the good during the entire legal warranty period. In the event of repair or replacement of the Product being impossible, VAR may refund you part or all of the price of the Product.
12.2 Warranty of Hidden Defects:
When you act under the warranty of hidden defects: i) You have a period of two (2)years from the discovery of the defect to take action. ii) You can choose, under the conditions provided for by Article 1644 of the Civil Code, between: a. Returning the Product and having the price refunded; or b. Keeping the Product and having part of the price refunded.
You can send your request by email to contact@voyagearodrigues.com or by registered letter with acknowledgment of receipt to the following address: Yellow.com (France) 4376 route de Galice 13090 Aix en Provence.
We will respond to you as soon as possible.
Our liability will not be engaged if the non-performance or poor performance of the
Contract is due to an action on your part, an unforeseeable and insurmountable event of a third party outside the Contract (our service providers are not considered as such), or a case of force majeure.
14. Our Liability if You Suffer Loss or Damage
We are responsible to you for foreseeable loss or damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is
foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
We only supply the Products for domestic and private use in reasonable quantities
expected of a consumer, and we do not make bulk sales. We do not sell more than 5 of the same item to a consumer, and if you order more than this quantity in a single order or a series of orders, we may ask you to confirm that you are a consumer rather than an unauthorized reseller, and we may refuse to accept your offer to purchase the ordered products. You agree not to use the Products for commercial or resale purposes. We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. Questions and Complaints
If you have any questions regarding these Terms and Conditions or if you wish
to inform us of any problem relating to the Products, please contact us by email at
contact@voyagearodrigues.com or at the following address: Yellow.com (France) 4376 route de Galice 13090 Aix en Provence.
If, after contacting us and following the complaint procedure, you still feel that your
complaint has not been resolved satisfactorily, you can refer it free of charge to a
mediator in accordance with Article L.616-1 of the Consumer Code.
You can refer the matter to the CMAP either:
- via the form available on the CMAP website at www.mediateur-conso.cmap.fr,
- by email to consommation@cmap.fr, or
- by post to CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris.
You can also use the online dispute resolution platform set up by the European
Commission.
16. Transfer of Rights
We may transfer our rights and obligations under these terms to another entity, but this will not affect your rights or obligations under these terms. We will always tell you in writing if this happens, but it will not affect your rights or obligations under these terms.
You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
17. Governing Law, Jurisdiction, and Language
The Website, any content on it, and any contract made through its use are governed by French law. The parties agree to submit any dispute to the exclusive jurisdiction of the courts of Paris, France. All contracts are concluded in French.
ANNEX 1: Model Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the Contract.)
To: Voyage à Rodrigues - Yellow.com (France) Customer Service 4376 Route de Galice 13090 Aix en Provence France Email: contact@voyagearodrigues.com
Your First and Last Name Your Address Postal Code - City Date:
Dear Sir/Madam,
On (indicate the date on the order form), I ordered (indicate the description of the item) which you delivered to me (or which I received) on (indicate the date).
In accordance with Article L. 221-18 of the Consumer Code, I hereby exercise my right of withdrawal.
Therefore, I kindly ask you to refund the amount of ... euros that I paid when placing my order, in accordance with the provisions of Article L. 221-24 of the Consumer Code.
Please find enclosed (indicate the returned item) that I am returning to you.
We recommend that you also provide your email address and order number to facilitate the processing of your return.
Yours faithfully,
[Your Name]