Terms of Sales
Terms of Sales
Between the Company name and address , registered in the Trade and Companies Register under the number SIREN 948 500 632 located at 20 rue de la bourdelette 14000 Caen , represented by WENDAY'SHOP as manager, duly authorized for the purposes hereof.
Hereinafter the “Seller” or the “Company”.
On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It has been explained and agreed what follows :
PREAMBLE
The Seller sells clothing, shoes and accessories exclusively to consumers, marketed through its websites www.wendayshop.com. The list and description of the goods and services offered by the company can be consulted on the sites mentioned above.
Article 1: Purpose and general provisions
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
These General Conditions of Sale (CGV) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the
Special Conditions of Sale linked to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of products sold through the websites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable also, delivery costs.
Article 2.1: Price - example of illegal clause
The Company reserves the right to change the prices at any time of products purchased on subscription by the consumer.
Article 3: Conclusion of the contract online
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, where applicable its options and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of order elements and, where applicable, correction of errors. ➢ Follow-up of payment instructions and payment of products. ➢ Delivery of products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. THE
Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified , the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested in the following way: Please contact us via the contact form in the contact section at the bottom of the page.
Article 5: Reservation of ownership clause
The products remain the property of the Company until full payment of the price.
Article 6: Delivery terms
The products are delivered to the delivery address which was indicated when ordering and the time indicated. This deadline does not take into account the order preparation time .
The Seller provides a contact form to ensure customer service follow-up. The Seller points out that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 6-2: Delivery times
The processing time for your packages is 1 to 2 working days in addition to the following shipping times:
Colissimo delivery time: 48 to 72 hours working days
Delivery time Mondial Relay France, Europe and Home Europe: 4 to 5 working days
Colissimo Outre-Mer zone 1: 5 to 10 working days
Colissimo Overseas zone 2: 5 to 10 working days
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period of more than 100 working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or its reimbursement.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by credit card or through the Paypal solution. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network . Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.
Article 9: Withdrawal period
In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”.
The right of withdrawal can be exercised by contacting the Company as follows: Please contact us via the contact form in the contact section at the bottom of the page . We inform Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for:
- Cosmetic products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection are excluded from the right of withdrawal .
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; If possible, they must be accompanied by a copy of proof of purchase. In accordance with legal provisions, you will find the standard form by email by contacting our company.
Refund procedure: Please click on the refund policy section and complete the procedure to follow.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed.
The Seller reminds that the consumer: - has a period of 2 years from delivery of the good to act with the Seller - that he can choose between replacement and repair of the good subject to the conditions provided for by the art. apparently defective or not corresponding - that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. - that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer can also claim the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details: Please contact us via the contact form in the contact section at the bottom of the page.
Article 12: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to question, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you agree
- what we collect and use this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the data controller (the Company) by RAR letter. We monitor attendance on all of our sites. To do this, we use tools such as Google Analytic and other statistical tools.
Article 16: Applicable law
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
Our general conditions of sale have been developed from the site https://www.donneespersonnelles.fr/