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Terms and conditions of use
Version of 20/12/2022
PREAMBLE
The website https://wethenew.com (hereinafter "the Site") and the Application are published by WETHENEW, a simplified joint stock company, registered in the Nanterre Trade and Companies Register under number 838 122 034, with its registered office at 32 avenue de l'Opéra, 75002 Paris, France (hereinafter "the Seller"). IDU in progress The purpose of these General Terms of Use (hereinafter "GTU") 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 and the Application. ANY USE OF THE SITE OR THE APPLICATION IN ANY CAPACITY WHATSOEVER IMPLIES UNRESERVED ACCEPTANCE BY THE USER OF THESE GENERAL CONDITIONS OF USE (GCU).
1. DEFINITIONS
The terms used below have the following meanings in these Platform Trading 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 acts outside of any usual or commercial activity. "Order": means the purchase of Products by a Customer from the Seller on the Site or on the Application. "General Terms of Use" or"GTU": means the present contractual conditions made available on the homepage of the Platform, in order to govern the use of the Platform by any User. "General Sales Conditions" or"GSC":means the contractual conditions governing the sale of the Product by the Seller through the Site or the Application. "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 legally required information. "Identifiers": means the Customer's email address and password, required to access his Customer Area on the Platform. "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":means all the Products available on the Platform. "User": means any person browsing the Platform, whether a Customer or an ordinary Internet user. "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.
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
The use of the Platform implies the acceptance of the present TOS. Thus, the User undertakes to read carefully the present General Conditions of Use when accessing the Platform and is invited to download them, print them and keep a copy. It is specified that the present GTU are referenced at the bottom of each page of the Platform 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 browses the Platform. All Users are therefore required to refer to the version available online at the date of their access and use of the Platform. The User is expressly informed that the only authentic version of the GTU is the one online on the Platform, which he acknowledges and accepts without restriction, undertaking to refer to it systematically at each connection.
3. TECHNICAL SPECIFICATIONS
By using the Platform proposed by WETHENEW, the User acknowledges having the necessary means and skills to use the proposed features. The equipment necessary to access and use the Platform is at the User's expense, as are any telecommunications costs incurred by its use.
4. CONDITIONS OF ACCESS AND REGISTRATION
Any User can access the Platform and consult the Products offered. To become a Customer, the User can decide to register on the Platform 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 Platform. WETHENEW disclaims 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 password can be changed online by the User in his Personal Space under the heading "change my password". 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 Customer's Identifiers and their consequences are the sole responsibility of the Customer, the latter being obliged to notify WETHENEW without delay by e-mail 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 Customer Space as soon as possible and will send the Customer an email confirming the closure of the Customer Space and the definitive deletion of all its elements on the Platform.
5. SERVICES
5.1. Services offered to all Users
Any User may access the Platform and its various features 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 Platform 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. New products.
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 with the most links to the keywords used by the User in their title, description and product sheet.
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. Seller Space
The User may also sell his Products to WETHENEW. For more details, the User can consult the accessible FAQon our Seller Space, as well as thededicated General Sales and UseConditions accessible here (professional sellers) and here (consumer sellers).
5.1.6. Product orders
Any User, whether or not he/she has created a Customer Space on the Platform, shall be able to place an Order for a Product offered by the Seller via the Platform. Any Product Order shall be governed by the Terms and Conditions available on the Platform: https://wethenew.com/en/conditions-generales/conditions-generales-de-vente. 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 related to past Orders; Management of his address book allowing him to add different delivery addresses; Access to Products Recently viewed ; His personal information; Return conditions; How to contact the Customer Service.
6. ONLINE NOTICE
Within 7 days following the shipment of Products, the Customer will receive an email from WETHENEW in order to express his opinion on his purchase experience by email to the address indicated by the Customer. The evaluation can be done via the solution proposed by Trustpilot A/S, Pilestraede 58, 5th floor 1112 Copenhagen K, Denmark, CVR n°30 27 65 82, whose General Terms 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 Terms of Use are available here : https://support.google.com/maps/answer/6230175. Customers will be able to evaluate the service provided by assigning a star rating "from 0 to 5", the maximum rating being 5 stars, and by leaving a comment on their purchase experience. All Users will then be able to access these reviews directly on the Trustpilot website or on Google. The User is informed that WETHENEW is not in a position to moderate the reviews published on TrustPilot and Google, and as such is not in a position to decide on the maximum time limits for publication and retention of reviews on these platforms. To learn more about these terms and conditions, the User is invited to consult the conditions of use of TrustPilot and Google services mentioned above. In the context of the dissemination of online notices on the Platform, WETHENEW hereby expressly undertakes to provide fair, clear and transparent information on the Platform regarding the publication and processing of notices posted online. In this respect, WETHENEW undertakes in particular to display the date of the notice and any updates. In case of control exercised on the notices, WETHENEW undertakes to ensure that the processing of personal data carried out within this framework complies with the modified law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and with the RGPD. No consideration is provided by WETHENEW in exchange for a Customer's submission of a notice. The maximum retention period for a notice on the Platform is 1 year from the date of publication of the notice on the Platform. On the Platform, WETHENEW moderates reviews based on the following criteria: Date of writing. Rating between 4 and 5 stars.
7. OBLIGATIONS OF THE PARTIES
7.1. Obligations of Users
When using the Platform, 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 fair manner towards WETHENEW and third parties; Be honest and sincere in the information provided to WETHENEW and, if applicable, to third party Users; Use the Platform in accordance with its purpose as described in these TOS; Not to divert the purpose of the Platform to commit crimes, misdemeanors 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 Platform and, if applicable, the intellectual property rights of other Users; Not to seek to undermine the meaning of Articles 323-1 and following of the Penal Code to the systems of automated data processing implemented on the Platform; Do not modify the information put online by WETHENEW or by another User; Do not use the Platform 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 Platform.
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 in its power 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 Platform for technical maintenance operations or updating of published information. The Users acknowledge that WETHENEW shall not be held liable in case of malfunction or interruption of 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 Platform 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 case of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined in Article 9 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 in 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 Platform and the contents of the Platform. Under no circumstances shall WETHENEW be held responsible for these risks and their consequences, regardless of their extent, for the User.
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 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 Platform, 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 Platform are the exclusive intellectual property of WETHENEW and may not be reproduced, used or represented without express authorization under penalty of legal proceedings. Any reproduction, distribution or representation, in whole or in part, of the Platform and its content, by any means whatsoever, without the prior express authorization 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 Platform 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 Platform 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 Platform and the information it contains in accordance with these TOU. Any other use of the Platform and its content 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 Platform, provided that they have obtained the express prior authorization of their legal representatives, who may be asked to provide proof of such authorization at any time. Legal representatives are responsible for monitoring the use of the Platform by minors under their care.
12. PERSONAL DATA
In the course of operating the Platform, WETHENEW may collect personal data. This data is necessary for the management of the Platform 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/en/conditions-generales/politique-de-confidentialite
which will give him all the information relating to the protection of personal data and the processing carried out via the Platform. In accordance with Law n°78-17 of January 6, 1978 on data processing, files and freedoms as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 the implementation of the rights of the persons concerned. It is reminded that the User whose personal data is processed has the right to access, rectify, update, portability and erasure of information concerning him/her, as well as a right to limit the processing in accordance with Articles 49, 50, 51, 53 and 55 of the amended Data Protection Act and the provisions of Articles 15, 16, 17, 18 and 20 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 and in particular with 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 Platform may be made in the following manner: By e-mail at the following address: [email protected]; By phone at 01 82 28 59 29 (not surcharged)from Monday to Friday from 10:00 to 19:00.
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 GCU
The present GTC apply to any User browsing the Platform. The TOS 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 force at the time of browsing the Platform.
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. 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 on-line settlement of the 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 which may have given rise to mediation shall be referred to the competent court designated above.
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