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Version of 03/03/2021*
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.
The terms used below have the following meanings in these Platform Trading Conditions:
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.
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.
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.
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.
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.
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.
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.
The User can access the Products presented by WETHENEW on the home page of the Site.
WETHENEW displays on the homepage :
The User will be able to access the different divisions of Products (New Products, brand/model).
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.
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.
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
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.
The User who has created a Customer Area has access to additional services and in particular
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.
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 :
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).
The Operator declines all responsibility in particular:
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.
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.
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:
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.
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.
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 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).
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.
Any questions or complaints regarding the use or operation of the Site may be made in the following manner:
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.
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.
The applicable TOU are those in effect at the time of browsing the Site.
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.
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.