These conditions are concluded between the company “WATTEVER”, SAS with a capital of 49,808 €, registered with the RCS of TOULOUSE under the number 828 439 604 located at Parc d’affaires du Cassé I – 7 rue du Cassé 31240 ST JEAN, owner of the site on the one hand, and, on the other hand, people (hereinafter the “Customer”) wishing to make a purchase via the website www.wattever.com (hereinafter the “Site”).
The purpose of these general conditions of sale is to govern all contractual relations between WATTEVER and Customers wishing to use the website set up by WATTEVER, in order to make purchases. The Customers and WATTEVER join without reservation and the fact of placing an order on the Site will be worth for the Customer manifestation of this adhesion.
The Parties agree that their relations will be governed exclusively by these general conditions of sale (hereinafter the “GTC”), to the exclusion of any condition previously available on the Site. If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
Article 1 – Scope
These GTCS for the sale or provision of services apply without restriction or reservation to all the products and services offered for sale by WATTEVER on its Site.
Consequently, the fact for a natural or legal person to order on the Site implies full and complete acceptance of these GTC. They are accessible at any time on the Site and will prevail, where applicable, over any other version.
WATTEVER reserves the right to adapt or modify these T & Cs at any time. In the event of a modification, the GTCs in force on the day of the order will be applied to each order.
Article 2 – Price
The prices on the Site are expressed in Euros HT (excluding tax) for professionals and including tax (all taxes) for individuals. They do not include transport costs.
The price indicated in the confirmation of the order by WATTEVER is the final price. The payment itself will only be considered final after the actual collection of funds by WATTEVER.
An invoice mentioning VAT will be sent automatically when the Order is sent. This invoice must be kept as a guarantee certificate. WATTEVER reserves the right to modify its prices at any time but undertakes to apply the prices in force which will have been indicated at the time of the order, subject to availability on that date.
Article 3 – Payment
After having selected his products, the Customer must create a personal account in order to place an order. Payment will be made by credit card.
After filling in all the fields necessary for the electronic validation of the order, the Customer’s commitment will be considered valid and final. A unique computer order number will be assigned. The mere delivery of this order number will not constitute acceptance by WATTEVER of the order, WATTEVER’s commitment being valid only after payment has been registered.
In all cases, the online provision of the payment transaction and the final validation of the order will constitute proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth the sums incurred by entering the items listed on the order form. This validation constitutes signature and express acceptance of all operations carried out on the Site.
All data entered through the payment form is immediately encrypted using SSL (Secured Socket Layer) and never passes unencrypted over the network.
In the event of non-payment, WATTEVER reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute would be. being administered.
Article 4 – Products
WATTEVER takes the greatest care in uploading information relating to the essential characteristics of the products by means of photographs illustrating the products and technical descriptions from its partners and suppliers, within the limits of the technique and in the respect of the best market standards. The products sold by WATTEVER are described and presented with the greatest accuracy. Despite all the precautions taken, exceptional errors can occur. However, products made from certain materials may differ slightly from their illustrations. The Customer remains solely responsible for the choice of his products, their conservation and their use.
Article 5 – Delivery
Delivery will take place within a period indicated at the time of the order. The announced deadline is calculated in working days. Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go. Deliveries are made by approved carriers.
The times indicated are the average times and correspond to the times for processing, preparing and shipping your order. To this period, it is advisable to add the delivery period of the carrier. These deadlines are provided for information only. An overrun the cause of which is not directly attributable to WATTEVER may not give rise to any damage and interest, withholding or cancellation of the order by the Customer.
The delivery costs will be calculated according to the weight and volume of the goods ordered and will remain the responsibility of the Customer. WATTEVER will deliver the customer’s order to the address indicated on the order form.
The Customer is required to check the condition of the products delivered. The individual Customer has a period of 14 days from delivery to file a complaint against WATTEVER for non-compliance or apparent defect of the products delivered. After this period, the products will be deemed to conform and free from any apparent defect.
We invite Customers, where applicable, to contact WATTEVER’s services as quickly as possible by email at email@example.com .
Article 6 – Product availability
The product and price offers are valid as long as they are visible on the Site. Upon receipt of the order, WATTEVER checks the availability of the product (s) ordered. The momentary unavailability of a product is indicated on the page of the product concerned.
Article 7 – Shipping
The standard shipping method is shipping by courier or receiving directly in store (factory). The price depends on the total weight of the basket. All the details concerning the shipping methods and prices are indicated when the order is registered before payment is made.
Article 8 – Legal information and personal data
The Customer has the right to inspect and modify the information communicated in the context of the use of the Site. Article 34 of the “Informatique et Libertés” law of January 6, 1978 gives him the right to access, modify and oppose the personal data that the Customer communicates in order to facilitate the processing of his order. Any request for modification or rectification should be sent by email to firstname.lastname@example.org . The Customer’s address is useful when ordering in order to send him his invoice and order as soon as possible. The Customer’s email address is used to confirm the order, as well as any responses that would be given over the phone. The Customer’s banking information is inaccessible by WATTEVER or a third party.
Article 9 – Guarantee, return & exchange
The products purchased on the Site give the right to the guarantee indicated on the article sheet of the products presented on the Site. In any event, the Customer benefits from legal guarantees and in particular the legal guarantee against hidden defects and conformity for eligible products and for Customers who are eligible under the conditions set by French regulations.
In order to find out what to do with after-sales service and for any product breakdown problem, the customer can contact customer service at the following address: email@example.com .
To benefit from the product warranty, the purchase invoice must be sent to WATTEVER and the product to WATTEVER.
The contractual guarantees do not cover:
- Abnormal or improper use of the products. To do this, you should carefully read the instructions for use supplied with the products,
- Defects and consequences related to use not in accordance with the use for which the product is intended,
- Faults and their consequences linked to any external cause. Any broken, burnt or damaged equipment is not covered by the manufacturer’s warranty.
On average, the after-sales service processing times observed are 1 week for the handling of the request.
Reminder of the regulations
The seller is required to deliver 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.
Article L211-5 of the Consumer Code:
To be in conformity with the contract, the good must:
- Be fit for the use usually expected of a similar good, and, where applicable:
- Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model,
- Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has expressly accepted.
Article L211-12 of the Consumer Code:
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it. , or would have given a lower price, if he had known them.
Article 1648 of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article 10 – Retention of title
The goods delivered and invoiced to the Customer remain the entire property of WATTEVER until full payment of their price. Sales are therefore concluded with retention of title and the transfer of this property only takes place after full payment of the price. On the other hand, the transfer of the risks of loss and deterioration of the products will be carried out as soon as the products are handed over to the carrier.
Article 11 – Intellectual property
All screens, graphics and other information on the Site are the property of WATTEVER. In fact, any reproduction, modification, distribution of these elements is prohibited without the express authorization of WATTEVER.
Article 12 – Right of withdrawal
In accordance with article L121-16 et seq. Of the Consumer Code, the individual Customer or consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request the exchange or refund without penalty, in original and complete packaging. Otherwise, the Customer will lose his right of withdrawal and the product will be returned to him at his expense. Return costs in the event of withdrawal remain the responsibility of the Customer.
A withdrawal form will be made available to the consumer on request at the following address: firstname.lastname@example.org .
Article 13 – Applicable law and competent courts
This contract is subject to French law. The language of this contract is French.
In the event of a dispute, the French courts will have sole jurisdiction.
All the clauses appearing in these GTC, as well as all the purchase and sale transactions referred to therein, are subject to French law. In the case of sales to professionals and traders, any dispute, for any reason whatsoever, arising from these GTCS, will be the exclusive jurisdiction of the Toulouse Commercial Court.
Article 14 – Liability
WATTEVER has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means. WATTEVER cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service or the presence of computer viruses or any fact qualified as force majeure, in accordance with regulations and case law. .
Article 15 – Duration
These T & Cs apply throughout the duration of the online services offered by WATTEVER on the Site.
Article 16 – Storage of transactions – Proof
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code. The computerized registers, kept in the computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Article 17 – Change of legislation or regulations
In the event that one of the clauses of these T & Cs is null and void by a change in legislation, regulation or by court decision, this can in no way affect the validity and compliance with these T & Cs.