Between the company WAC & Co SAS,
whose head office is domiciled at 49-53 avenue de la Division Leclerc in Châtillon,
to the 10.000 € Share Capital,
registered with the Nanterre Trade and Companies Register,
under the number SIRET 87972189200021,
represented by Mr. Romain Hamard
as Chairman,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible in the header of the website.
Hereinafter the "Seller" or the "Company".
On the one hand, great opportunities lie in
And the natural or legal person purchasing the products or services of the company,
Hereinafter, the "Buyer", or "the Customer"
On the other hand,
The following was stated and agreed:
PREAMBLE
The Seller is a publisher of Products and Services intended for consumers, marketed through its website (https://www.wearecom.fr/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
Article 1: Object
These General Conditions of Sale (GTC) determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These GTCS govern the sales of Products or Services, made through the Company's website, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T & Cs can be viewed on the Company's website at the following address: https://www.wearecom.fr/CGV
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click before confirming an order. The Customer declares to have read all of these GTCS, and where applicable the Special Conditions of Sale linked to a specific product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer is adequate for his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 Price
The prices of the products sold through the website are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + any other 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 tax 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 are not 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 from the corresponding local authorities.
The Company reserves the right to modify its prices at any time.
The telecommunications costs necessary to access the Company's website are the responsibility of the Customer.
If applicable, also the delivery costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:
- Information on the essential characteristics of the Product;
- Choice of Product, and its options if applicable;
- Indication of the essential contact details of the Client (identification, email, address, etc.);
- Acceptance of these General Conditions of Sale;
- Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Purchaser has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. Confirmation of the order will constitute the formation of this contract.
- Follow-up of the instructions for payment, payment of the products, then delivery of the order.
The Customer will 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 download link for these T & Cs in .pdf file format.
The customer will have the opportunity during his ordering process to identify any errors made in entering data and correct them. The language proposed for the conclusion of the contract is the French language.
The description of the offer is sent by email to the buyer when ordering and can be viewed on the Seller's website.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For the products delivered, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide their 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 5: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website, as well as, where applicable, the mode of use of the product as of activation of the service.
In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page as to the estimated delivery dates of the products or services. The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale.
The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only.
The contractual information is presented in detail and in French.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these T & Cs meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. Civ.), The Seller reimburses or exchanges products that are defective or do not correspond to the order. The refund can be requested via the Contact page of the Seller's site.
Article 7: Retention of Title
The products remain the property of the Company until the full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address which was indicated when ordering and within the estimated time limits indicated. These times do not take into account the time taken to prepare the order.
It usually takes 3 to 7 days to process an order, after which it is dispatched by the Seller's partners (supplier and carrier). The shipping time depends on the place of delivery and estimated as follows:
- United States: 3 - 4 business days
- Europe: 6 - 8 working days
- Australia: 2 - 14 business days
- Japan: 4 - 8 business days
- Other region: 10 - 20 working days
When the Customer orders several products at the same time, they may have different delivery times sent according to different methods.
In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then refunds the product and the “one way” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller reminds 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 about the product delivered.
Article 9: Availability and presentation
If an item is unavailable for a period exceeding 60 working days, the Customer will be notified of the new estimated delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by payment card or on request by bank transfer. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his 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 in the event of the impossibility of debiting the card, the Sale is immediately terminated as of right and the order canceled.
Article 11: Cancellation period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Customer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company via the Contact page. In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for membership of the Club We Are COM. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they should be accompanied by a copy of the proof of purchase.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made via the Contact page of the Seller's site. The Seller reminds that the consumer:
- has a period of 2 years from the delivery of the goods to act with the Seller
- that he can choose between the replacement and the repair of the good subject to the conditions provided for by the aforementioned provisions
- that it is exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good
- that the consumer can also assert the guarantee against hidden defects of the product sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 13: Complaints and mediation
If necessary, the Purchaser can present any complaint by contacting the Company by means of the Contact page.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
Article 14: termination of the contract
The order can be resolved by the Purchaser by registered letter with acknowledgment of receipt in the following cases:
- delivery of a product that does not comply with the characteristics of the order;
- delivery exceeding the estimated deadline when ordering or, if there is no date, within thirty days of payment;
- unjustified price increase or product modification.
In these cases, the Purchaser may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, 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 carried out through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure
The performance of the Seller's obligations at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
Should any of the provisions of this Agreement be canceled, such nullity shall not result in the invalidity of any other provisions which shall remain in force between the parties. Any modification of the contract is valid only after written agreement signed by the parties.
Article 18: Applicable law and clauses
All the clauses appearing in these GTC, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.