The present general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the website http://www.qwetch.com (hereinafter the “WEBSITE”) from Winopia, SAS registered with the Trade and Companies Registry under the number , having its registered office at 12 rue du Professeur Camille Lian 89520 TREIGNY, France Tel : 0033971211472, email : [email protected] (hereinafter the “SELLER”).
Any order placed on the SITE implies the CLIENT’s unconditional acceptance of these general conditions of sale.
Article 1. DEFINITION
The terms used below have the following meanings in these Terms and Conditions:
“CUSTOMER”: means the SELLER’s co-contracting party, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
“DELIVERY”: means the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated when ordering.
“PRODUCTS”: refers to all products available on the SITE.
“TERRITORY”: refers to metropolitan FRANCE, including Corsica (excluding DOM/TOM) and the Europe Zone.
Article 2. OBJECT
These General Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from distinct contractual conditions.
Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CLIENT agrees to read these General Conditions carefully and accept them before proceeding with the payment of an order of PRODUCTS placed on the SITE.
The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CLIENT to read the General Conditions with each new order, the latest version of the said Conditions applying to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT – PURCHASE OF PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to prove the agreement of his legal representatives.
The CLIENT will be asked to provide information to identify the CLIENT by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled out for the CLIENT’s order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by e-mail at [email protected] to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, its identity, eligibility and the information provided.
Article 5. ORDERS
Article 5.1 Characteristics of the products
The SELLER shall endeavour to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law (in these General Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints related to its suppliers.
Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT’s home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER will have to select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER’s basket. The latter can then add as many PRODUCTS to his basket as he wishes.
5.2.1. PRODUCT SELECTION AND PURCHASE OPTIONS
The CUSTOMER shall select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER’s basket. The latter can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and verify that the contents of the order are correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and identified/registered, an online form will be displayed to the CUSTOMER’s attention, automatically completed and summarizing the price, applicable taxes and, if applicable, delivery charges. The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CLIENT may then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS.
Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all information necessary for the proper processing of the order.
The CLIENT must also indicate the delivery method chosen.
5.2.3. ACKNOWLEDGEMENT OF RECEIPT
Once all the steps described above are completed, a page will appear on the SITE to acknowledge receipt of the CLIENT’s order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct.
The SELLER does not send any order confirmation by mail or fax.
During the ordering process, the CUSTOMER must enter the information necessary for billing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CLIENT must then specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail does not constitute an invoice.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the WEBSITE do not begin to run until this date.
For all the PRODUCTS, the CLIENT will find on the WEBSITE prices displayed in euros, all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value added tax (VAT) at the rate in force at the date of 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 of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except in case of gross error. The applicable price is the price indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of the PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies a “just-in-time” inventory management. Consequently, depending on the case, the availability of the PRODUCTS depends on the SELLER’s stocks.
The SELLER undertakes to fulfill orders received subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. The CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER. In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER :
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS that are out of stock are available again,
Either proceed with a partial shipment of the PRODUCTS available at first, and then with the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional shipping costs that may be incurred,
Either propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it shall obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and no later than thirty (30) days of payment.
Article 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, a policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. PAYMENT
7.1. Means of payment
The CUSTOMER may pay for its PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the chosen means of payment.
The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
In this respect, it is specified that all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
7.2. Payment date
In the event of a single payment by credit card, the CLIENT’s account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CLIENT’s account at the earliest when the first package is shipped. If the CLIENT decides to cancel its order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CUSTOMER would prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including all taxes will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER shall have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT.
The above provisions shall not prevent the transfer to the CLIENT, upon receipt by it, or by a third party designated by it other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation of ownership, as well as the risks of damage that they may cause.
Article 10. Delivery
The methods of DELIVERY of the PRODUCTS are provided for in the “delivery policy” accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packed in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Retraction Policy.
Article 12. Guarantees
12.1. Guarantee of conformity
The SELLER is obliged to deliver a PRODUCT that is in conformity, i.e. suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels. In this context, the SELLER is liable for any defects of conformity existing at the time of delivery and for defects of conformity resulting from packaging, assembly instructions or installation when the latter was placed at his expense or was carried out under his responsibility.
The action resulting from the lack of conformity shall be time-barred after two (2) years from the DELIVERY of the PRODUCT.
In the event of a lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER’s choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 12 rue du professeur Lian 89520 Treigny- France.
12.2 Warranty for hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold that render it unfit for the use for which it is intended, or that so diminish this use that the CUSTOMER would not have acquired it, or would only have paid a lower price for it, if he had known about them.
This warranty allows the CLIENT who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 12 rue du professeur Lian 89520 Treigny- France.
The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
Article 13. Responsibility
The responsibility of the SELLER can in no way be held liable in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, particularly when entering his order.
The SELLER may not be held liable, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence 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 SITE. Consequently, it excludes all responsibility for the information published therein. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
Article 14. Personal data
The SELLER collects on the SITE personal data about its customers, including through cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders and, if the CUSTOMER has chosen this option, to send him/her business prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. The CLIENT’s data are kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact information of its CUSTOMERS, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask the CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. The CUSTOMER may exercise this right by sending an e-mail to the following address: [email protected] or by sending a letter to Winopia SAS – 12 rue du professeur Lian 89520 Treigny- France.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
Article 15. Claims
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 0033971211472 (non surcharged number).
Any written complaint by the CLIENT must be sent to the following address: Winopia SAS – 12 rue du professeur Lian 89520 Treigny- France.
Article 16. Intellectual property rights
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER’s authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such a modification or decision does not in any way authorize the CLIENTS to disregard the present Terms and Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in France.
Article 18. Modification of the General Conditions
These Terms and Conditions apply to all online purchases made on the SITE, as long as the SITE is available online.
The Terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in force at the time of the order.
The modifications made to the General Terms and Conditions shall not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
The present General Terms and Conditions as well as the relations between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to an arbitral or state judge, preference shall be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute arises relating to this contract, including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated hereafter. Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the dispute that is the subject of the negotiation. By way of exception, the parties shall be entitled to apply to the court of summary jurisdiction or to seek the issuance of an order upon application. Any action before the court for interim measures or the implementation of a procedure on request shall not entail any waiver of the amicable settlement clause by the parties, unless they expressly agree otherwise.
PRINCIPLE OF RETRACTION
The CLIENT has the right in principle to return or return the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless the SELLER proposes to recover the PRODUCT himself.
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT’s order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Returns are accepted within 14 days after receipt of the order, for any product purchased on the www.qwetch.com store.
Conditions of returns
The product must be unused and in its original packaging.
Include the withdrawal form, downloadable here, with the package.
Send the package to the following address: LA RUCHE LOGISTIQUE, Voie Communale 4, 21320 Créancey, FRANCE.
The return costs (to the Qwetch logistics center) are at the customer’s expense. Qwetch is not responsible in case of loss of the package, so it is recommended to use a delivery against signature.
Returns are accepted abroad, please refer to the conditions above.
Nb: For any purchase of a Qwetch product made at a retailer store, please contact them directly.
The CLIENT shall bear the direct costs of returning the PRODUCT.
Condition of the returned good
The PRODUCT must be returned according to the SELLER’s instructions and include all the accessories delivered.
The CLIENT shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but its liability may be engaged if it carries out manipulations other than those necessary.
The PRODUCTS are packed in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must comply with the same standards when returning PRODUCTS. For this reason, the CUSTOMER is invited to return the PRODUCT that does not suit him in its original packaging and in good condition, suitable for its remarketing.
Exclusions from the right of retraction
The right of withdrawal is excluded in the following cases:
Supply of goods made to the CUSTOMER’s specifications or clearly personalized (PRODUCT WITH CUSTOMIZATION).
The PRODUCTS offered can only be delivered on the TERRITORY. It is impossible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
The deadlines for preparing an order and then establishing the invoice, before shipment of the PRODUCTS in stock are mentioned on the SITE. These lead times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT when the PRODUCTS are shipped, provided that the e-mail address on the registration form is correct.
Delivery time & costs
During the ordering process, the SELLER shall indicate to the CLIENT the possible delivery times and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs shall be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The shipping delays and costs are detailed on the SITE.
Terms of DELIVERY
The package will be given to the CUSTOMER without or against signature with presentation of an identity document. In case of absence, a notice of passage will be left with the CLIENT.
The CUSTOMER is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.
The SELLER shall reimburse, without undue delay from receipt of the cancellation letter, the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same payment method as that used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery.
In case of receipt of a damaged or missing product, and if the CLIENT wishes to make a claim, the CLIENT must provide the SELLER with photos of the product, the cardboard and the carrier label.