Terms of Sales
This wawg-sftc.myshopify.com site is published by the company SFTC (hereinafter referred to as "Seller"), a limited liability company with capital of €5,000, registered with the Nanterre Trade and Companies Register under number 507 525 517, whose registered office is located at 61 Avenue de la République 92120 Montrouge, represented by Mr. Fabien ALLÈGRE, manager of the said company. The site is hosted by Shopify Inc whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada (telephone number 1-888-746-7439).
"Customer": natural person making the online purchase of "Product(s)", aged at least eighteen years or undertaking, failing this, to obtain the prior authorization of his parents or his tutor with parental authority.
“Order”: any purchase of Product(s) made from the Service by a Customer. The Order is considered to have been made once payment has been made by the Customer.
"Customer Account": account created by a Customer from the Service and allowing him to access his identification data, to follow his Orders and to consult the history of his payments.
“Products”: physical products marketed by Seller.
"Customer Service": service made available to the Customer by the Seller for any request or procedure with a view to his Order or the continuation of his Order.
- PURPOSE AND APPLICATION OF THE T&Cs
The T&Cs are applicable exclusively to the sale by the Seller of the Products presented on the Site. The T&Cs exclusively govern sales contracts for buyers who are consumers and constitute, with the online order, the contractual documents binding on the parties, to the exclusion of all other documents.
The Customer is prohibited from any resale of the Products delivered by the Seller in the context of a trade (sale in physical or on the internet).
The GCS are made available to the Customer on the Seller's Site where they can be directly consulted and can also be communicated to him on simple request by e-mail or post.
The GCS are enforceable against the consumer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them without restriction or reservation before placing an order.
The validation of the order by its confirmation is worth adhesion by the Customer to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Seller in accordance with article 1127-2 of the Civil Code.
The Seller reserves the right to modify its T&Cs at any time. In the event of modification of the GCS, those applicable are those in force on the date of the order, a dated copy of which can be provided at the Customer's request.
These GCS prevail over any other contractual document of the Customer.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law.
The Products open for Sale presented on the site are each the subject of a description mentioning the essential characteristics of the good as provided for in article L.111-1 of the Consumer Code.
The photographs accompanying the Product do not constitute a contractual document and may include goods not subject to sale. In the event of unavailability of the Product noted once the order has been received and the price paid, the Seller shall immediately inform the Customer.
The Customer will be able to choose between three options: a credit note; a refund (within a maximum period of fifteen days) or the replacement of said Product.
Apart from the reimbursement of the price of the Product, the Seller is not bound by any cancellation indemnity.
- CREATION OF CUSTOMER ACCOUNT
Access to the sale of the Product is subject to the prior registration of the Customer by means of a form made available to him during his first connection made in order to place an order.
The Customer therefore transmits to the Seller the following information:
- Last name First Name
- (if applicable, the corporate name of the parent company)
- Email address
- Delivery address
- Billing address
The Customer agrees that the above information is accurate, complete and, if necessary, updated from his customer account.
The Customer is solely responsible for the confidentiality of his password and his identifier.
In accordance with Article L. 112-2 of the Consumer Code, the Seller undertakes to indicate the sale price for each of the products present on the site.
The Price is indicated in euros, all taxes included.
However, the delivery costs are not included in the Price and are invoiced, in addition, after the validation of the basket. The total amount owed by the Customer (including delivery costs) is then indicated on the Order confirmation page.
Customs duties or any other local tax, import duty or state tax are nevertheless likely to be payable in certain cases. These rights and sums due are not the responsibility of the Seller. They will be the responsibility of the Customer and are his exclusive responsibility.
The Seller reserves the right to modify its prices at any time for the future, while guaranteeing the Customer the application of the price indicated at the time of its Order.
The Product remains the property of the Seller until full payment of the price. Full payment of the price entails transfer of ownership from the Seller to the Customer in accordance with article 2367 of the Civil Code.
Orders can be placed in the territory of the whole world. Any order placed by the Customer residing outside of France will be processed in accordance with these GCS, subject to the legislative provisions applicable therein.
In accordance with article 1127-1 of the Civil Code, the Customer undertakes to respect the following procedure in order to carry out his Order:
- Selection of Products (size and quantities desired)
- Identify yourself on the Service by logging into your Customer Account
- View your order summary
- Select your desired delivery method
- Validate his contact details and his Order
- Proceed to the payment of his Order
Provided that the Customer has not confirmed his payment, he has the availability to return at any time to the choice of his products, to rectify certain errors (basket, contact details, etc.).
Any confirmation of payment requires acceptance of these T&Cs. The Customer undertakes to have read it freely by ticking the box provided for this purpose. The confirmation of the Order will entail formation of the contract. The language offered (French or English) for the conclusion of the contract differs according to the navigation of the Customer.
The choice of language is made by default depending on whether the language of the Customer's browser is not a language other than French.
The payment of the order is made only by credit card (Visa, MasterCard, CB, American Express).
By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the relative amount indicated during the order confirmation.
The Customer agrees to be the legal holder of the card to be debited or that he is legally entitled to use it.
In the event of an error or impossibility to debit the credit card, the sale is immediately resolved as of right and the order will be cancelled.
Any Order by the Customer is debited before the shipment of this first.
The Seller undertakes to keep the Customer informed of all the stages of his Order (confirmation email, shipping, etc.).
The Products are delivered to the delivery address indicated by the Customer and within the delivery time indicated in the confirmation email.
However, this delivery time does not take into account the time required to prepare the Order.
If the Product is indicated as "pre-order", the delivery time does not take into account the time taken to transport the Products to the Seller.
Upon receipt of the Products, the risk of loss or damage to said Products is transferred to the Customer.
Various delivery methods are offered to the Customer:
- Home delivery without signature
For delivery to mainland France and Corsica, the average delivery time is between two and seven working days to the delivery address indicated when placing the Order.
For an Order for delivery outside mainland France and Corsica, the estimated delivery time is between three and fifteen working days.
In the absence of the Customer, the Order can be put in the mailbox if the size allows it. If not, a transit advice note will be placed there and the Customer will have fifteen working days from the date of arrival of the package at the post office to collect it. If the said period is exceeded, the Order will be returned to the Seller.
- Home delivery against signature
Delivery is made within an average of two to seven working days for an Order destined for mainland France and Corsica; three to fifteen days for other destinations.
The package will be delivered against the signature of the Customer or any person authorized to do so.
Said signature is proof of delivery of the package.
In the event of refusal to sign, the package will be returned to the Seller and will be considered as a refusal to send.
Due to the health protocol, a confidential code may be sent to the Customer electronically or by SMS before the delivery of the package. The transmission of the said code will allow the delivery of the package and will serve as proof of signature.
In the event of the absence of the Customer or any other authorized person, a notice of passage will be left in the mailbox and the Customer can pick it up at the pick-up point mentioned in the notice of passage. In the event of a delay in shipment, the Seller is required to inform the Customer electronically.
In accordance with Article L. 221-18 of the Consumer Code, the Customer has fourteen days from receipt of the Order to exercise his right of withdrawal, without having to justify his decision.
The withdrawal request is sent to the Seller by the Customer by logging into his account in the "Order details" section.
The Products will be returned by the Customer by post, at his expense, to the address of the place of dispatch of the Products, at the latest, fourteen days following the date of dispatch of his dispatch form.
In accordance with Article L. 221-28, 9° of the Consumer Code, the right of withdrawal cannot be exercised if the Product has been worn, consumed or damaged by the Customer. Also, the Product must be returned as is, in its original packaging.
Consequently, any Product deteriorated or damaged by the Customer will not be exchanged or refunded by the Seller.
The Seller undertakes to reimburse, excluding return costs, all sums paid (including delivery costs) by the Customer.
He has fourteen days from receipt of the Customer's withdrawal form to make the said refund.
- RESOLVING THE CONTRACT
In accordance with articles L. 216-1 and following of the Consumer Code, if the Seller does not respect the delivery time indicated in the confirmation email sent to the Customer, the latter undertakes to notify it as soon as possible. , the Customer who may accept the new delivery date proposed by the Seller or cancel his Order.
If the Order is cancelled, the Seller is required to reimburse all sums paid (including delivery costs) by the Customer, no later than fourteen days after notification to the Seller of the cancellation of the Order. No cancellation is possible in the event of late delivery due to an error made by the Customer.
The Products sold benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-12 of the Consumer Code, the guarantee relating to the safety and health of persons provided for in article L. 411-1 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
The Seller undertakes to reimburse or exchange any defective Product, which has suffered damage before receipt or which does not correspond to the Customer's Order. To do this, the Customer must inform the Seller, upon receipt of the Product.
When acting on behalf of the legal guarantee of conformity, the Customer benefits from a period of two years from the delivery of the Product to claim from the Seller, the repair or replacement of the Product, subject to the cost conditions provided by article L. 217-9 of the Consumer Code.
When acting on behalf of the guarantee against hidden defects of the Product, the Customer can decide between the resolution of the sale or a reduction of the sale price in accordance with articles 1641 and 1644 of the Civil Code.
The aforementioned guarantees do not in any way deprive the Customer of any other contractual or commercial guarantee in force at the time of the order.
The Seller undertakes to archive any order as well as the T&Cs in force at the time of the Order for a period of ten years as required by French law.
- INTELLECTUAL PROPERTY RIGHTS AND PERSONAL DATA
The trademarks, domain name, images, videos and various texts present on the said site are the sole exclusive property of the Seller.
Any total or partial reproduction is strictly prohibited and would expose the offender to legal proceedings. The personal data collected by the Seller is for the sole purpose of processing the Order and may nevertheless be used later solely for commercial purposes by the Seller exclusively.
If the Customer does not want this information to be reused, he must inform the Seller through Customer Service (email address: email@example.com).
The data transmitted by the Customer are:
- Last name First Name
- Email address
- Phone number
- Date of Birth
- Banking information
Information collected is retained for the following durations:
Regarding information relating to payment (in particular, bank information) is kept for a period of thirteen months from full payment of the Product and fifteen months for deferred debit card payments (deliberation of the National Commission for Computing and of Freedoms "CNIL" n°2018-303 of September 6, 2018).
Other data is kept for a period of thirty-six months from the last Order.
As provided for by the Data Protection Act of January 6, 1978 and the GDPR, the Customer has a right of access, rectification, portability and deletion of his personal data. He may also have a right of limitation, opposition and portability of said data.
In the event of the Customer's death, the beneficiaries have the right to set out guidelines for the storage, erasure and communication of data.
As for the exercise of rights relating to the processing of personal data, the Customer must inform the Seller at the following postal address: SFTC – 61 Avenue de la République 92120 Montrouge or contact by email: firstname.lastname@example.org
To do this, he must specify his contact details and prove his identity.
The Customer may also use his right of appeal to the CNIL: 3 place de Fontenoy – TSA 80715 – 75 334 Paris Cedex 07.
- FORCE MAJOR
If the non-performance or the delay in performance of one of the obligations of these GCS attributable to the Seller results from a case of force majeure in accordance with article 1218 of the Civil Code, the Seller cannot be held responsible.
- APPLICABLE RIGHT
This contract, these T&Cs and all Orders are subject to French law. In the event of a dispute, the Customer must imperatively inform the Seller directly.
If he does not receive an answer during this period or does not have a satisfactory answer, he may seize the court with territorial jurisdiction under the Code of Civil Procedure.
In accordance with Article L. 616-1 of the Consumer Code, the Customer may also have free recourse to the consumer mediator for the amicable resolution of the dispute.
The contact details of the mediator will be provided later by the Seller.