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Terms and conditions of use

Version of 03/03/2021*

PREAMBLE

The website https://wethenew.com (hereinafter "the Site") is published by 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 Seller").

The purpose of these General Terms and Conditions of Use (hereinafter referred to as "GTCU") is to set out the contractual provisions relating to the respective rights and obligations of the Parties in the context of the use of the Site.

ANY USE OF THE SITE FOR ANY PURPOSE WHATSOEVER IMPLIES THE USER'S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS OF USE (GTU).


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 present 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":means the contractual terms and conditions governing the sale of the Product by the Seller through the Site.
  • "Customer Area":means the interface allowing the Customer to access his personal area, 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.
  • "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.
  • "User": refers to any person browsing the Site, whether a Customer or an ordinary Internet user.
  • "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. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

    The use of the Site implies the acceptance of the present TOS.

    Thus, the User undertakes to read these General Conditions of Use carefully when accessing the Site and is invited to download them, print them and keep a copy.

    It is specified that these GTU are referenced at the bottom of each page of the Site by means of a hypertext link and can thus be consulted at any time.

    The applicable version is the one online on the day the User is browsing the Site.

    All Users are therefore required to refer to the version available online on the date they access and use the Site.

    The User is expressly informed that the only version of the GTU that is authentic is the one that is online on the Site, which he acknowledges and accepts without restriction, undertaking to refer to it systematically at each connection.


    3. TECHNICAL SPECIFICATIONS

    By using the Site proposed by WETHENEW, the User acknowledges that he/she has the necessary means and skills to use the proposed functionalities. 

    The equipment required to access and use the Site is at the User's expense, as are any telecommunications costs incurred by their use.


    4. CONDITIONS OF ACCESS AND REGISTRATION

    Any User may access the Site and consult the Products offered.

    To become a Customer, the User may decide to register on the Site by creating a Customer Space. The creation of a Customer Space allows the Customer to benefit from additional Services as detailed in article 5.2.

    4.1. Registration as a Customer

    To create a Customer Space, the User is invited to complete the registration form accessible via the "Connection" tab and then by clicking on the "New Customer? Register" link.

    The User wishing to become a Client undertakes to provide WETHENEW with accurate, loyal and up-to-date data, which does not infringe, in any way whatsoever, on the rights of third parties and to communicate to WETHENEW any necessary update of the data communicated during registration.

    Finally, the User must validate the present GTC before finalising his/her registration.

    The e-mail address and password constitute the Customer's Identifiers.

    The Client agrees to create only one Client Space on the Site. WETHENEW declines all responsibility for the harmful consequences that could result from the use of multiple Client Spaces for a single Client.

    The User is entirely responsible for the accuracy and updating of the data communicated in the context of the opening and management of his Customer Space.

    4.2. Identifiers

    The username and password are editable online by the user in his personal space.

    The Customer shall be solely responsible for the use of his Identifiers or actions taken through his Customer Area.

    In the event that a Client discloses or uses his Identifiers in a manner contrary to their intended purpose, WETHENEW may then delete the Client Space without notice or compensation.

    In no case shall WETHENEW be held responsible in case of usurpation of a Client's identity. Any access and action carried out starting at the Customer Space of a Customer will be presumed to be carried out by this Customer, insofar as WETHENEW is not obliged and does not have the technical means to ensure the identity of persons accessing the Site from a Customer Space.

    Any loss, misappropriation, or unauthorized use of a Client's Identifiers and their consequences are the sole responsibility of the Client, the latter being required to notify WETHENEW, without delay, by email sent to the following address [email protected] so that WETHENEW can proceed to the reinitialization of the User account.

    4.3.De-registration of the Customer

    Each User can close his Client Space at any time by contacting WETHENEW by e-mail at [email protected].

    WETHENEW will deactivate the Client Space as soon as possible and will send the Client an email confirming the closure of the Client Space and the definitive deletion of all its elements on the Site.


    5. SERVICES

    5.1. Services offered to all Users

    Any User may access the Site and its various functions free of charge.

    The main Service offered by WETHENEW consists in offering to any User the possibility to consult the Products listed by category in order to purchase them from the Seller.

    The Site also allows Users to be alerted to the release of new Products, and to Sell their own Products.

    5.1.1. Presentation of the Products

    The User can access the Products presented by WETHENEW on the home page of the Site.

    WETHENEW displays on the homepage :

    • The most popular products;
    • The Products Recently viewed by the User;
    • The Products Most popular ;
    • The Products selected and promoted by WETHENEW.

    5.1.2. Search by category

    The User will be able to access the different divisions of Products (New Products, brand/model).

    5.1.3. Search by the search engine

    The User may use the search engine to look for a Product.

    In this case, the results corresponding to the User's search will be presented by default to the User according to a criterion of relevance determined as follows: priority is given to Products whose title, description and product sheet contain the most links to the keywords used by the User.

    5.1.4. Presentation of forthcoming products

    The User can consult the upcoming Products to be offered for sale by the Seller.

    By accessing the Product of his/her choice, the User may notify the Seller that he/she wishes to be notified when the Product is put on sale. The User must then provide the Seller with his/her email address.

    5.1.5. Want to Buy" service

    The User may also sell his Products to WETHENEW.

    The User is invited to enter the characteristics of the Product he/she wishes to put on sale (model, size, price) and to indicate his/her contact details. The Seller will contact the User if he/she is interested in purchasing the Product offered for sale.

    If the User wishes to sell several Products, he/she is invited to contact the Seller at the following address [email protected]in order to communicate the characteristics of the Products to be put on sale.

    The User can access all the Products that the Seller is seeking to purchase as a priority at the following address

    https://sell.wethenew.com/

    5.1.6. Product orders

    All Users, whether or not they have created a Customer Space on the Site, shall be able to place an Order for a Product offered by the Seller via the Site.

    Any Product Order will be governed by the Terms and Conditions available on the Site: https: //wethenew.com/pages/cgv.

    Users wishing to place an Order without creating a Customer Area will be asked to provide their contact details when purchasing the Product.

    The User is then informed by e-mail of the processing of his/her Order.

    5.2. Additional services Customer area

    The User who has created a Customer Area has access to additional services and in particular

    • Tracking of orders in progress and access to the history of past orders;
    • Access to invoices relating to past Orders;
    • Management of its address book allowing it to add different delivery addresses;
    • Access to Products Recently viewed.


    6. ONLINE NOTICE

    Within 7 days following the shipment of Products, the Customer will receive an email from WETHENEW to express his opinion on his purchase experience. The evaluation can be carried out via the solution proposed by Trustpilot A/S, Pilestraede 58, 5th floor 1112 Copenhagen K, Denmark, CVR n°30 27 65 82, whose General Conditions of Use are available here: https://fr.legal.trustpilot.com/for-reviewers/end-user-terms-and-conditions; or via the solution proposed by Google Ireland, a company registered in Ireland under the number 368047, whose registered office is located at Gordon House, Barrow Street, Dublin 4, Ireland, and whose General Conditions of Use are available here: https://support.google.com/maps/answer/6230175.

    Customers can rate the service provided by giving a star rating "from 0 to 5", the maximum rating being 5 stars, and by leaving a comment on their purchase experience.
    All Users can then access these reviews directly on the Trustpilot website or on Google.


    7. OBLIGATIONS OF THE PARTIES


    7.1. Obligations of Users

    When using the Site, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these General Conditions of Use.

    Each User is obliged to :

    • To behave in a loyal manner and as a good father towards WETHENEW and third parties;
    • Be honest and sincere in the information provided to WETHENEW and, if applicable, to third party Users;
    • Use the Site in accordance with its purpose as described in these TOS;
    • Not to divert the purpose of the Site to commit crimes, offences or contraventions punishable by the Penal Code or any other law;
    • Respect the privacy of third parties and the confidentiality of exchanges;
    • Respect the intellectual property rights of WETHENEW concerning the elements of the Site and, where applicable, the intellectual property rights of other Users;
    • Not to seek to undermine the automated data processing systems implemented on the Site within the meaning of Articles 323-1 et seq. of the French Penal Code;
    • Do not modify the information put online by WETHENEW or by another User;
    • Not to use the Site to send unsolicited mass messages (advertising or otherwise);
    • Not to disseminate data that would diminish, disrupt, slow down or interrupt the normal operation of the Site.

    7.2. Obligations of WETHENEW

    The general obligation of WETHENEW is an obligation of means. WETHENEW has no obligation of result or reinforced means of any kind.

    WETHENEW undertakes to do everything possible to ensure continuity of access and use of the Platform 7 days a week and 24 hours a day.                               

    However, WETHENEW draws the attention of the Users to the fact that the current communication protocols via the Internet do not allow for the certainty and continuity of the transmission of electronic exchanges (messages, documents, identity of the sender or the recipient).


    8.RESPONSIBILITY

    The Operator declines all responsibility in particular:

    • In case of impossibility to temporarily access the Site for technical maintenance operations or updating of published information. The Users acknowledge that WETHENEW cannot be held responsible in case of malfunction or interruption of the said transmission networks;
    • In the event of virus attacks, unlawful intrusion into an automated data processing system;
    • In case of abnormal use or illicit exploitation of the Site by a User or a third party;
    • Regarding the content of third-party websites to which hyperlinks on the Platform refer;
    • In the event of non-compliance with these GCU attributable to Users ;
    • In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in Article 8 of these GCU;
    • In the event of an external cause not attributable to WETHENEW ;

    In the event of abnormal use or unlawful exploitation of the Platform, the User is solely responsible for any damage caused to third parties and the consequences of any claims or actions that may arise from this.

    The User is furthermore informed of the risks inherent to the use of the Internet, and particularly in terms of lack of security in the transmission of data and unguaranteed continuity in access to the Site and the contents of the Site. Under no circumstances shall WETHENEW be held responsible for these risks and their consequences, prejudicial to the User to any extent whatsoever.


    9. FORCE MAJEURE

    WETHENEW cannot be held responsible if the non-performance or delay in the performance of one of its obligations described in the present TOS is due to a case of force majeure.

    Expressly, the parties consider that there is force majeure when an event beyond the control of the debtor, which could not reasonably be foreseen upon acceptance of the TOU and whose effects cannot be avoided by appropriate measures, performance of its obligation by the debtor.

    The case of force majeure suspends the obligations of the party concerned during the time when force majeure will be played if this event is temporary. Nevertheless, the parties will endeavour to minimize the consequences as far as possible.

    Failing this, if the impediment is definitive, the contract shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

    In this respect, WETHENEW cannot be held liable in particular in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment; and interruption, suspension, reduction or disruption of electricity or other or any other interruption of electronic communication networks, as well as in the event of any circumstance or event outside the control of WETHENEW occurring after the conclusion of the GCU and preventing its execution under normal conditions.  

    It is specified that, in such a situation, the User may not claim the payment of any compensation and may not bring any action against WETHENEW.

    In the event of the occurrence of one of the above-mentioned events, WETHENEW will endeavour to inform the User as soon as possible.


    10. INTELLECTUAL PROPERTY

    The User acknowledges the intellectual property rights of WETHENEW on the Site, its components and related content and waives the right to contest these rights in any form whatsoever.

    The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Site are the exclusive intellectual property of WETHENEW and may not be reproduced, used or represented without express authorisation under penalty of legal proceedings.

    Any reproduction, distribution or representation, in whole or in part, of the Site and its contents, by any means whatsoever, without the prior express authorisation of WETHENEW, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.

    In particular, WETHENEW expressly prohibits:

    • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Site or its content onto another medium, by any means and in any form whatsoever;
    • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the Site or its Content, in whatever form;
    • Reproduction, extraction or reuse, by any means, including methods similar to scrapping of content (photographs, description etc...) published by WETHENEW.

    Furthermore, the User shall refrain from creating any confusion with WETHENEW in the context of the implementation of a competing activity.

    Nothing in the TOS shall be construed as an assignment of any intellectual property rights, whether by implication or otherwise.

    Acceptance of these GTUs implies recognition by the Users of WETHENEW's intellectual property rights and a commitment to respect them.

    WETHENEW grants a personal, non-exclusive and non-transferable license to Users authorizing them to use the Site and the information it contains in accordance with these TOU.

    Any other use of the Site and its contents is excluded from the scope of this license and may not be made without the prior express authorization of WETHENEW.


    11. PROTECTION OF MINORS

    Minors under the age of 18 may place Orders on the Site, provided they have obtained the express prior authorisation of their legal representatives, who may be asked to provide proof of their age at any time.

    Legal representatives are responsible for monitoring the use of the Site by minors in their care.


    12. PERSONAL DATA

    Within the framework of the operation of the Site, WETHENEW is likely to collect personal data.

    This data is necessary for the management of the Site and the processing of the Order, and if the User has expressly chosen this option, to send him newsletters, unless he no longer wishes to receive such communications from WETHENEW. This data will be kept confidentially by WETHENEW for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a client or from your last contact if you are not yet a client.

    The data may be communicated in whole or in part to service providers of WETHENEW. 

    In this respect, the User is invited to consult the WETHENEW Privacy Policy accessible at the following address: https: //wethenew.com/pages/politique-de-confidentialite which will provide him with all the information relating to the protection of personal data and the processing carried out via the Site.

    In accordance withLaw n°78-17 of 6 January 1978 on data processing, files and freedoms, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC(General Data Protection Regulation, known as the RGPD), WETHENEW ensures that the rights of the persons concerned are implemented.

    Users whose personal data is processed are reminded that they have the right to access, rectify, update, portability and delete information concerning them, as well as the right to limit processing in accordance with Articles 49, 50, 51, 53 and 55 of the French Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Individuals (RGPD).

    In accordance with the provisions of Article 56 of the French Data Protection Act and Article 21 of the RGPD, the Customer may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.

    The User may exercise his rights by sending an e-mail to the address [email protected]

    Finally, the User may also lodge a complaint with the supervisory authorities, in particular the CNIL(https://www.cnil.fr/fr/plaintes).


    13. AGREEMENT ON EVIDENCE

    The Parties agree to consider messages received by fax or by electronic means and more generally electronic documents exchanged between them, as original writings within the meaning of Article 1316-1 of the Civil Code, i.e. as having the same value as that accorded to the original. 


    14. CUSTOMER SERVICE

    Any questions or complaints regarding the use or operation of the Site may be made in the following manner:

    • By e-mail to the following address [email protected];
    • By telephone on 01 82 28 59 29 (no surcharge)from Monday to Friday from 10:00 am to 7:00 pm.

    15. VALIDITY OF THE GGU

    If any of the provisions of these GCU should be declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other clauses which shall remain fully applicable.

    Such a modification or decision does not authorise Users to disregard these General Terms of Use.


    16. AMENDMENT OF THE GCUS

    The present GTC apply to all Users browsing the Site.

    The TOU may be modified and updated by WETHENEW at any time, in particular to adapt to legislative or regulatory changes.

    Users will be notified of any modification of the present Terms of Use.

    The applicable TOU are those in effect at the time of browsing the Site.


    17. GENERAL PROVISIONS

    The fact that one of the Parties has not demanded the application of any clause of these GCU, whether permanently or temporarily, shall in no way be considered as a waiver of said clause.

    In the event of any difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings shall be declared non-existent.


    18. APPLICABLE LAW AND JURISDICTION

    The GCU are subject to French law. Any difficulties relating to the validity, application or interpretation of the GCU 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.

    The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict

    Since mediation is not mandatory, the Customer or the Seller may withdraw from the process at any time.

    In the event that mediation fails or is not envisaged, the dispute which may have given rise to mediation shall be referred to the competent court designated above.