General terms and conditions of sale
Version of 20/12/2022
The present general conditions of sale(hereinafter the "General Conditions") apply to any purchase made by a natural person having the quality of consumer(hereinafter the "Customer") on the Internet site https://wethenew.com (hereinafter the "Site") and on the Application with 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 - IDU in progress(hereinafter the "Vendor").
IMPORTANT: Any order placed on the Site or the Application implies the Customer's unreserved acceptance of these terms and conditions.
The terms used below have the following meaning in these Platform Terms and Conditions:
"Application": means the mobile application published by WETHENEW and downloadable via Apple Store or Google Play Store. The Application includes all the pages, Services and functionalities offered to Customers so that they can benefit from the Services.
"Customer": means the Seller's co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. As such, it is expressly provided that the Customer is acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
"Order": means the purchase of Products by a Customer from the Seller on the Site or the Application.
"General Terms and Conditions of Sale"or"GTC": means the present contractual conditions governing the sale of the Product by the Seller through the Platform.
"Customer Space": means the interface allowing the Customer to access his personal space, in which all the data provided is gathered. Access to the Customer Space is made through 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 the mandatory information.
"Identifiers": means the Customer's email address and password, required to access his Customer Area on the Platform.
"Delivery": means the first presentation of the Products ordered by the Customer at the delivery address indicated during the Order.
"Parties": in the plural, means both Customer and Seller. In the singular, refers to only one of the two Parties.
"Platform": means simultaneously or distinctly the Site and/or the Application published and operated by WETHENEW.
"Product": refers to all the Products available on the Platform.
"Territory": means all the territories in which Delivery is provided by the Seller. For more details, the Customer can consult the heading "Sending and Delivery" of the FAQ accessible here.
"Vendor": 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.
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.
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 Platform. They are referenced at the bottom of each page of the Platform 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, if necessary, 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 accepted them by ticking the box provided for this purpose before proceeding with the payment of an Order for Products placed on the Platform.
4. PURCHASE OF PRODUCTS ON THE SITE
In order to purchase a Product, the Customer must be at least 18 years old and have the legal capacity or, if he/she is a minor, be able to justify the authorization of his/her legal representatives. The Customer shall be asked to provide identifying information by completing the form available on the Platform. 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 Customer provides to Seller in connection with an Order shall be complete, accurate and current. Seller reserves the right to require Customer to confirm, by any appropriate means, Customer's identity, eligibility and the information provided.
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 agrees to read this information carefully before placing an order on the Platform. The Products sold on the Platform are authentic and comply with the European legislation in force and the standards applicable in France.
Product Orders are placed directly on the Platform. 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 on the Platform the Products he/she wishes to order, according to the following modalities: 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.
Once the Products have been selected and placed in the shopping cart, the Customer must click on the shopping cart 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 contact details if he/she does not wish to register on the Site. Once the Customer has validated the contents of the basket and identified himself / herself / entered his / her contact details, an online form will be displayed, automatically filled in and summarizing the price, the applicable taxes and, if applicable, the delivery costs. The Customer is invited to check the details of his/her Order, its total price and to correct any errors before confirming his/her acceptance. It is therefore the responsibility of the Customer to verify the accuracy of the Order and to immediately report any errors. The Customer chooses the delivery method and then the payment method and is redirected to a secure payment page where he/she pays and confirms the Order. Orders placed must include all information necessary for the proper processing of the Order.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, the Customer is redirected to the Platform 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.
An invoice is established by the Seller and is accessible after the Delivery. The Customer can access it by clicking on the link provided for this purpose and contained in the confirmation email sent to him by email. The invoice shall also be accessible after the Delivery within the Customer Area.
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 Platform shall only begin to run onstarting at . The Vendor reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute over the payment of a previous order and in case of well-founded suspicion of attempted fraudulent payment according to the criteria established by WETHENEW's payment partners.
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 that may be granted by the Seller on the Platform. These rates are firm and non-revisable during their validity period, as indicated on the Platform. The Seller reserves the right to modify the prices at any time. They do not include the possible delivery costs, which are charged in addition according to the methods specified in the heading "Shipping and Delivery" of the accessible FAQ here. Any delivery charges are 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 fees when applicable. The prices indicated are valid, except for gross errors. The applicable price is the one indicated on the Platform at the date the order is placed by the Customer.
7.AVAILABILITY OF PRODUCTS
Seller agrees to deliver the Product on the date or within the period indicated to Customer, unless otherwise agreed by the Parties. The unavailability of a Product is in principle indicated on the page of the Product concerned. Customers can also be informed of the restocking of a Product by the Seller. 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 in cash, in full on the day the order is placed by the Customer, by secure payment or by instalments,according to the following methods and depending on the Territory: By credit card: Visa, MasterCard, Amex and other credit cards, By Paypal, By Apple Pay, By Alma, By Sofort, Scalapay, By Klarna pay later and Klarna Slice it, By Bancontact, By iDeal. Lydia pay The payment data is exchanged in encrypted mode 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 shall contact the Seller's Customer Service Department to pay for the order by any other valid means of payment accepted by the Seller. 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.
Delivery area The Products offered can only be delivered in the Territory. Orders cannot be placed for any delivery address outside of this Territory. The Products are shipped to the delivery address(es) that the Customer has indicated during the Order process. Shipping time 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. Delivery time & costs The details of the delivery times are indicated on the Site and in particular within the heading "Shipping and Delivery" of the accessible FAQ here. In the absence of indication or agreement as for the date of delivery, the Seller delivers the Product without unjustified delay and at the latest thirty (30) days after the conclusion of the contract(Article L. 216-1 of the Code of the consumption). In the event of an order comprising several Products, the Products ordered may be delivered in several shipments. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. Orders for 48 hour delivery placed after 4pm will be shipped the next day. Terms of Delivery Deliveries are made by a carrier selected by the Seller, to the address given by the Customer or to the relay point selected at the time of the order and to which the carrier will have access Delivery problem In case of failure of the Seller to his obligation of delivery of the good at the date or at the expiration of the delay foreseen by the article L.216-1 of the Code of the consumption, the Customer will be able to prevail himself of the article L.216-6 of the Code of the consumption which foresees the possibility : -to notify the suspension of the payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the Civil Code; -to terminate the contract if, after having given notice to the Seller to make the delivery or to provide the service within a reasonable additional time, the latter has not complied without delay. The contract shall be deemed terminated upon receipt by Seller of the letter or writing informing it of such termination, unless it has performed in the meantime. However, the Customer may immediately cancel the contract: -When the professional refuses to deliver the goods or when it is obvious that he will not deliver the goods; -When the professional does not carry out his obligation of delivery of the good at the date or at the expiry of the time envisaged by the article L.216-1 of the Code of the consumption and that this date or this time constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances which surround the conclusion of the contract or from an express request of the Customer before the conclusion of the contract. These provisions are without prejudice to the awarding of damages. When the contract is terminated as aforesaid, the Seller shall refund the Customer all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated. 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.
10. TRANSFER OF OWNERSHIP
The Seller remains the owner of the delivered Products until they are paid for in full by the Customer. The above provisions do not prevent the transfer to the Customer, at the time of receipt by him or by a third party designated by him other than the carrier, of the risks of loss or damage to the Products which are the subject of the reservation of title as well as the risks of damage which they may cause. In case of delivery to a carrier other than the one proposed by the Seller, the risk of loss or damage of the Product is transferred to the Customer upon delivery of the Product.
11. EVIDENCE AND ARCHIVING
Any contract concluded with the Customer corresponding to an order of an amount higher than 120 euros including all taxes will be archived by the Seller for a duration of ten (10) years in accordance with the article L. 213-1 of the Code of the consumption. Seller agrees to archive this information for the purpose of tracking transactions and producing a copy of the contract upon Customer's request. In the event of a dispute, the Seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
12. RIGHT OF WITHDRAWAL
Principle of withdrawal: The Customer has the right to withdraw without giving any reason by returning or restituting the Product to the Seller. To do so, the Product must be returned within fourteen (14) days following the notification to the Seller of the Customer's decision to withdraw. Withdrawal period: The withdrawal period expires fourteen (14) days after the day on which you, or a third party, other than the carrier, and designated by you, takes physical possession of the goods. In the event that the Customer 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 Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good. Notification of the right of withdrawal: The Customer may exercise his or her right of withdrawal by using the return portal available here, or by any other unambiguous statement expressing his or her wish to withdraw, in particular by sending an e-mail to [email protected] or by mail, within 14 daysof receipt of your Order. Following your request for return, you will receive by e-mail your return slip with postage paid as well as a return slip to slip into your package. For more information on how to return a product, please visit here The Customer can also use this form:
In order for the withdrawal period to be observed, the Customer must send his communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to refund all sums paid by the Customer, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive standard delivery method proposed by us), without undue delay, and no later than fourteen (14) days from the date on which the Seller is informed of the Customer's decision to withdraw (Article L.221-24 of the Consumer Code). Unless Seller offers to collect the Products itself, Seller may defer the refund until the Products are collected or until Customer has provided proof of shipment of the Products, whichever comes first. The Seller will proceed with the refund using the same payment method that the Customer used for the initial transaction.
Terms of return
The Customer shall in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to the address provided by the Seller. This period is deemed to have been respected if the Customer returns the goods before the expiry of the fourteen (14) day period.
Return shipping costs
The Customer is responsible for the return shipping costs of 3,90€ for any order shipped in Metropolitan France (excluding Corsica). This amount (3,90€) will be directly deducted from your refund/exchange once your return is processed by our services. The customer is responsible for the return shipping costs of 4,90€ for all orders shipped within Germany. This amount (4,90€) will be directly deducted from your refund/exchange once your return is processed by our services. Return shipping costs are at the Customer's expense for all orders shipped outside of France and Germany. These costs will be directly deducted from the amount of your refund/exchange once your return is processed by our services. In the event that the weight of the Product prevents the Customer from returning the Product by post (in particular in the event that the weight of the Product to be returned is greater than 30 kg), the Customer shall also bear the direct cost of returning the good. You will find below, in accordance with the regulations in force, an estimate of the return costs, with a carrier, which you will have to pay in order to return your Product. This information is given as an indication only and is not binding on WETHENEW since the costs effectively borne by the Customer will depend only on the carrier chosen by the latter to return the Product.
The terms and conditions are detailed on the dedicated page of the Site accessible here. Condition of the returned goods.
The Product must be returned according to the instructions of the Seller specified in the dedicated page of the Site accessible here and include all accessories delivered.
For this reason, it is expressly specified that the Customer will have imperatively to turn over the Product with the Wethenew seal which is attached.
The Customer's responsibility is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this Product. In other words, the Customer has the possibility to test the Product but his responsibility may be engaged if he proceeds to manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Fromsupply of services fully performed before the end of the withdrawal period and, if the contract requires the consumer to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period
Supply of goods made to the specifications of the consumer or clearly personalized
Supply of goods that are likely to deteriorate or expire rapidly
Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection
The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader
Maintenance or repair work to be performed urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; Concluded at a public auction
Accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or period of time
The supply of digital content without a physical medium, the performance of which has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where :
a) He has previously given his express consent for the performance of the contract to begin before the expiration of the withdrawal period; and
(b) He has acknowledged that he will lose his right of withdrawal; and
c) The trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13. The exchange or refund of the returned Product(s) will be made by the Seller under the conditions detailed in the return policy available here.
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 12 - Right of withdrawal.
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.221-5 of the French Consumer Code. The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty is applicable to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance. The legal guarantee of conformity implies an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if : (1) The trader refuses to repair or replace the property; 2° The repair or replacement of the good takes place after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if the consumer bears the cost of installing the repaired or replaced good; 4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the good restored. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
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 further specified that the Seller does not control the websites that are directly or indirectly linked to the Platform. Consequently, it excludes all responsibility for the information published there. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.
16. 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 an event of force majeure, as defined in Article 1218 of the Civil Code. Force majeure in contractual matters occurs when an event beyond the control of the debtor, 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 its obligation. The Party which observes the event shall without delay inform the other Party of its inability to perform. If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the present contract will be purely and simply cancelled by operation of law and the Parties will be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
17. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
18. INTELLECTUAL PROPERTY
19. 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.
20. MODIFICATION OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all purchases made online on the Platform, as long as the Platform is available online. The General Conditions are dated accurately and may be modified and updated by the Seller at any time. The General Conditions applicable are those in force at the time of the Order. Changes to the Terms and Conditions will not apply to Products already purchased.
21. JURISDICTION AND APPLICABLE LAW - LANGUAGE
The present General Conditions of Sale are written in French. These general conditions of sale and the transactions arising therefrom are governed by and subject to French law. 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 will be submitted to the competent French 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. To initiate this mediation, the Customer may contact the Seller's mediator: La FEVAD, which can be contacted by post at the following address: 60 rue la Boétie - 75008 Paris or by filling in a form on the website accessible at the following address: https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx Any consumer also has the possibility of having recourse to the European platform of online settlement of disputes accessible at the following address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR. The Party wishing to implement 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 that may have given rise to mediation will be referred to the competent court designated above.