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General terms and conditions of sale

Version of 08/03/2021

PREAMBLE

The present general terms and conditions of sale(hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person having the status of a consumer(hereinafter the "Customer") on the website https://wethenew.com(hereinafter the "Site") from WETHENEW, a simplified joint stock company, registered in the Nanterre Trade and Companies Register under number 838 122 034, having its registered office at 18 Rue Edouard Nieuport, 92150 Suresnes, France,(hereinafter the "Vendor" )

IMPORTANT : Any order placed on the Site implies the Customer's unreserved acceptance of these general conditions.


1. DEFINITIONS

The terms used below have the following meanings in these Platform Trading Conditions:

  • "Customer": means the Seller's co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that the Customer is acting outside of any usual or commercial activity.
  • "Order": means the purchase of Products by a Customer from the Seller on the Site.
  • "General Conditions of Use" or"GCU": refers to the contractual conditions made available on the homepage of the Site, in order to govern the use of the Site by any User.  
  • "General Terms and Conditions of Sale" or"GTC":refers to the present contractual conditions governing the sale of the Product by the Seller through the Site.
  • "Customer Space" : refers to the interface allowing the Customer to access his personal space, in which all the data provided is grouped. Access to the Customer Area is via the Identifiers.
  • "Product Sheet": means the page presenting the commercial offer related to a Product. The Product Sheet is generally composed of one or more photographs of the Product, the price, the characteristics of the Product and all legally required information.
  • "Identifiers": means the Customer's email address and password, which are required to access their Customer Area on the Platform.
  • "Delivery" : refers to the first presentation of the Products ordered by the Client at the delivery address indicated at the time of the Order.
  • "Parties": in the plural, means both the Customer and the Seller. In the singular, refers to one of the two Parties.
  • "Product":refers to all the Products available on the Site.
  • "Territory":means all the territories in which the Seller provides delivery, i.e. the whole world except Russia, Algeria and Morocco.
  • "Seller": means the company WETHENEW, a simplified joint stock company, registered in the Nanterre Trade and Companies Register under number 838 122 034, having its registered office at 18 Rue Edouard Nieuport 92150 Suresnes, France.


2. SUBJECT

These General Conditions govern the sale of Products by the Seller to its Customers.

They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.

The Seller does not sell the Products to professionals, but only to consumers or non-professionals, for their personal needs.

The seller reserves the right to refuse orders of the same product in large quantities.

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.


3. ACCEPTANCE OF THE GENERAL CONDITIONS

These General Terms and Conditions of Sale are accessible at any time on the Site. They are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing an order.

The GTC applicable to the sale are those in force on the day of the Order. These GTC shall prevail, where applicable, over any other version or any other contradictory document.

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before proceeding with the payment of an order for Products placed on the Site.


4. PURCHASE OF PRODUCTS ON THE SITE

In order to purchase a Product, the Customer must be at least 18 years old and have legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.

The Customer shall be asked to provide information enabling him/her to be identified by completing the form available on the Site. The sign (*) indicates the mandatory fields that must be filled in for the Customer's order to be processed by the Seller.

The information that the Customer provides to the Seller when placing an order must be complete, accurate and up-to-date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, his identity, eligibility and the information provided.


5. ORDERS


5.1.Product characteristics

The Seller undertakes to present the essential characteristics of the Products on the Product Sheets and the mandatory information that the Customer must receive under the applicable law.

The Customer undertakes to read this information carefully before placing an order on the Site.

Unless expressly indicated otherwise on the Site, all Products sold by the Seller are new and authentic. They comply with the European legislation in force and the standards applicable in France.

5.2.Ordering procedure

Orders for Products are placed directly on the Site. To place an order, the Customer must follow the steps described below:

5.2.1. Product selection

It is up to the Customer to select the Products he/she wishes to order on the Site, according to the following procedures:

The Customer selects the Products he/she wishes to order by clicking on the Product(s) concerned and choosing the desired characteristics and quantities, then adds them to his/her basket.

The Customer can then add as many Products as he/she wishes to his/her basket.

5.2.2. Commands

Once the Products have been selected and placed in the shopping basket, the Customer must click on the basket and check that the contents of the order are correct. If the Customer has not yet done so, he/she will then be asked to identify himself/herself or to fill in his/her details if he/she does not wish to register on the Site.

Once the Customer has validated the contents of the shopping basket and identified themselves / entered their contact details, they will be presented with an automatically completed online form summarising the price, applicable taxes and, where applicable, delivery charges.

The Customer is invited to check the details of their Order and its total price and to correct any errors before confirming their acceptance. It is the Customer's responsibility to check the accuracy of the order and to immediately notify the company of any errors.

The Customer chooses the delivery method and then the payment method and is redirected to a secure payment page where he/she settles and confirms the Order.
Orders placed must include all the information required to process the Order.

5.2.3. Acknowledgement of receipt

Once all the steps described above have been completed, the Customer is redirected to the Site where a page appears to confirm the validation of his/her Order.  

A copy of the acknowledgement of receipt of the Order will automatically be sent to the Customer by e-mail, provided that the e-mail address given on the registration / Order form is correct.

5.2.4. Billing

An invoice is issued by the Seller. The Customer can access it by clicking on the link provided for this purpose and contained in the confirmation email sent to him by e-mail.

5.3.Date of the Order

The date of the Order is the date on which the Seller acknowledges receipt of the Order online. The deadlines indicated on the Web Site shall not begin to run untilstarting at .

The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of an earlier order.


6. RATES

Prices are expressed in Euros and include all taxes.

In particular, prices include value added tax (VAT) at the rate applicable on the date of the order. Any change in the applicable rate may affect the price of the Products from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the Product sold.

The prices take into account any discounts granted by the Seller on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Site.

The Seller reserves the right to modify the prices at any time. They do not include any delivery charges, which are invoiced in addition for orders placed outside mainland France. Any delivery costs that may be applied shall be indicated to the Customer before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs when they are applicable.
The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the Site on the date the order is placed by the Customer.


 

7.AVAILABILITY OF PRODUCTS

The Seller undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.

The unavailability of a Product is in principle indicated on the page of the Product concerned. Customers may also be informed by the Seller when a Product is back in stock.

In any case, if the Product is extraordinarily unavailable, the Seller undertakes to inform the Customer without delay.

If the Customer decides to cancel his order for unavailable Products, he will be reimbursed for all sums paid for the unavailable Products at the latest within fourteen (14) days of the date on which the contract was terminated.


8. TERMS OF PAYMENT


8.1. Means of payment

The price is payable cash, in full on the day the customer places the order, by a secured payment, according to the following terms:

  • By credit card: Visa, MasterCard, Amex and other credit cards,
  • By Paypal,
  • By Apple Pay,
  • By Alma,
  • By Giropay,
  • By Sofort,
  • By Klarna pay later and Klarna Slice it,
  • By Bancontact,
  • By iDeal.
Payment data is exchanged in encrypted form by the payment providers Mollie and PayPal.

8.2. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller's Customer Service Department to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.


9. DELIVERIES

The times for preparing an order and then issuing the invoice, before dispatching the Products in stock, are mentioned on the Site. These times do not include weekends and public holidays.

An automatic e-mail message will be sent to the Customer at the time of shipment of the Products, provided that the e-mail address in the registration form is correct.

Details of delivery times are indicated on the Site. In the absence of any indication or agreement as to the delivery date, the Seller shall deliver the Product without undue delay and no later than thirty (30) days after the conclusion of the contract(Article L. 216-1 of the Consumer Code).

In the case of multiple orders, the Products ordered may be delivered in several installments.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication. However, if the Products ordered have not been delivered within 30 days of the conclusion of the Contract, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined the Seller, in the same way, to carry out the Delivery within a reasonable additional period, the latter has not complied within this period.

The contract shall be deemed to be terminated upon receipt by the Seller of the letter or writing informing him of such termination, unless the Seller has performed in the meantime.
The Customer may immediately terminate the contract when the Seller refuses to deliver the Product or when he does not perform his obligation to deliver the Product on the date or at the expiry of the period provided for in the first paragraph of Article L. 216-1 and this date or period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before the conclusion of the contract. (Article L.216-2 of the Consumer Code).

The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction (Article L.216-3 of the Consumer Code).

Deliveries are made by a carrier selected by the Seller, to the address given by the Customer at the time of the order and to which the carrier will have easy access. 

When the Customer has taken on the responsibility of using a carrier that he chooses himself, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

The Seller is responsible until the Product is delivered to the Customer.

The Customer is required to check the condition of the Products delivered. In the event that the package is damaged, the Customer is invited to refuse the package and to state his refusal in writing. 

The Buyer has a period of three (3) days from the date of delivery to notify the carrier and the Seller of any damage or partial loss noted during delivery. After this period, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.

The seller will reimburse or replace as soon as possible and at its own expense, the delivered products whose defects in conformity or the apparent or hidden defects have been duly proved by the customer, under the conditions laid down in articles L 217-4 and following of the consumer code and those provided for in these general conditions of sale (see guarantees, in particular).


10. TRANSFER OF RISK

Regardless of the date of the transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be realized at the time when the customer will take physical possession of the products. The products therefore travel at the risk and peril of the seller.


11. RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or refund.  

For this purpose, the Product must be returned within 14 days of the notification to the Seller of the Customer's decision to withdraw from the contract to the address communicated to him by the Seller when the Customer has expressed his intention to return the Product.

If the Client has ordered several Products via a single order giving rise to several deliveries (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the Client, or a third party other than the carrier and designated by the Client, takes physical possession of the last good.

The Customer shall only be liable for the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer has the possibility to test the Product, but he/she may be held liable if he/she carries out manipulations other than those that are strictly necessary.

The Customer may exercise his right of withdrawal by any unambiguous statement expressing the wish to withdraw sent by e-mail to the address [email protected].

The exchange or refund of the returned Product(s) will be carried out by the Seller under the conditions detailed in the returns policy accessible here.


12. PACKAGING

The Products will be packaged in accordance with the applicable transport standards in order to ensure maximum protection for the Products during delivery.

Customers undertake to respect the same standards when returning Products under the conditions set out in Article 11 - Right of withdrawal.


13. GUARANTEE

Apart from the commercial guarantees that the Seller may offer for certain Products, all Customers benefit from "legal" guarantees, for all Products, which are detailed below, in accordance with Article L.111-1 of the Consumer Code.

Article 13.1. Guarantee of conformity

Article L. 217-4 of the French Consumer Code: " The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility
.

Article L.217-5 of the French Consumer Code: " The goods are in conformity with the contract:
1° If they are fit for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

The Seller may be liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been placed at his charge or has been carried out under his responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product (Article L.217-12 of the Consumer Code)

In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at his choice. However, if the cost of the Customer's choice is clearly disproportionate to the other option, taking into account the value of the Product or the extent of the defect, the Seller may proceed with a refund, without following the option chosen by the Customer.

In the event that a replacement or repair is impossible, the Seller undertakes to refund the price of the Product within thirty (30) days of receiving the returned Product and in exchange for the return of the Product by the Customer to the address communicated to him by the Seller when the Customer has expressed his intention to return the Product. Finally, the Customer is exempted from proving the existence of a defect in the conformity of the Product during the twenty-four (24) months following the delivery of the Product, except for second-hand goods for which this period is fixed at six (6) months. (Article L. 217-7 of the Consumer Code)

It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the Products.

Article 13.2 Warranty for hidden defects

The Seller is bound by the warranty for hidden defects in the Product sold which make it unfit for the use for which it was intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would only have given a lower price for it, if he had known about them. (Article 1641 of the Civil Code)

This guarantee allows the Customer who can prove the existence of a hidden defect to choose between a refund of the price of the Product if it is returned and a refund of part of its price, if the Product is not returned.

In the event that a replacement or repair is impossible, the Seller undertakes to refund the price of the Product within thirty (30) days upon receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address WETHENEW, 18, rue Edouard Nieuport, 92150 Suresnes.  

The action resulting from redhibitory defects must be brought by the Customer within two (2) years of the discovery of the defect. (Paragraph1 of Article 1648 of the Civil Code)


14. LIABILITY

The Vendor shall not be held liable in any way in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering his order.

The Seller shall not be liable, or considered to have failed to perform, for any delay or failure to perform when the cause of the delay or failure to perform is related to a case of force majeure as defined by the case law of the French Courts and Tribunals.

It is furthermore specified that the Seller does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all responsibility for the information published on them. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.


15. FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.

The party observing the event shall without delay inform the other party of its inability to perform its performance and justify it to the latter. The suspension of obligations shall in no case be a cause of liability for non-fulfilment of the obligation in question, nor induce the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary, unless the resulting delay justifies the termination of the contract.

Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as quickly as possible. To this end, the Party prevented shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive, the present contract shall be purely and simply cancelled by operation of law and the Parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

During this suspension, the Parties agree that the costs generated by the situation shall be borne by the prevented Party.


16. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

The Seller collects personal data on the Site concerning its Customers which are necessary for the processing of their orders, the drawing up of invoices, the processing of their requests for information and, if the Customer has expressly chosen this option, the sending of newsletters, unless the Customer no longer wishes to receive such communications from the Seller.

This data may be communicated to any subcontractors of the Seller responsible for the execution, processing, management and payment of orders.

The Customer is invited to consult the Seller's Privacy Policy available at the following address https://wethenew.com/pages/politique-de-confidentialite which will provide further information on the protection of personal data, on the processing carried out via the Site and on how to exercise your rights.

 

17. INTELLECTUAL PROPERTY

All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the Seller. Any person who publishes a website and wishes to create a direct hypertext link to the Site must request permission from the Seller in writing.

This authorisation by the Seller shall in no case be granted permanently. This link must be removed at the request of the Seller. Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.

Any total or partial reproduction of the Site and its contents, by any means whatsoever, without the express prior authorisation of the Seller, is strictly prohibited and shall constitute an infringement of the rights of the producer of the database, punishable under the provisions of the Intellectual Property Code.

Acceptance of these GTCs implies recognition by the Customer of the Seller's intellectual property rights, as detailed in the General Conditions of Use: https: //wethenew.com/pages/conditions-generales-dutilisation and a commitment to respect them.


18. VALIDITY OF THE GENERAL CONDITIONS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorise the Clients to disregard these General Conditions.

Any terms and conditions not expressly dealt with herein shall be governed in accordance with the practice in the retail sector for companies whose registered office is located in France.


19. MODIFICATION OF THE GENERAL CONDITIONS

These Terms and Conditions apply to all purchases made online on the Site, for as long as the Site is available online.

The Terms and Conditions are accurately dated and may be amended and updated by the Seller at any time.

The applicable Terms and Conditions are those in force at the time of the Order.

Changes to the Terms and Conditions will not apply to Products already purchased.


20. APPLICABLE LAW - LANGUAGE

These general conditions of sale and the transactions arising therefrom are governed by and subject to French law.

These general terms and conditions of sale are written in the French language. If they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.


21. DISPUTES

All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under the conditions of common law.

However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the Seller's complaints department.

If no agreement is reached or if the Customer proves that he has previously tried to resolve his dispute directly with the Seller by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including one concerning its validity.

"In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Wethenew adheres to the FEVAD (Fédération du e-commerce et de la vente à distance) E-commerce Mediator Service whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written request from consumers to Wethenew, the Mediator's Service may be contacted for any consumer dispute which has not been settled. To find out how to contact the Mediator, click here.