Definitions
These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by Websource SASU, with a capital of €3,000, a company registered under number 878 096 312 R.C.S. MARSEILLE in MARSEILLE, whose registered office is located at 5 chemin les Gournauds, Route de saint savournin, 13850 Gréasque (hereinafter "Websource").
The following terms shall apply:
- "Site": the website https://www.waniche.fr/ and all of its pages.
- "Products" or "Services": all products (goods) and services (services) that can be purchased or subscribed to on the Site.
- "Seller": Websource, a legal or natural person offering its Products or Services on the Site.
- "Customer": the Internet user, whether a private individual or professional, who purchases Product(s) or Service(s) on the Site.
- "Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity".
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and fully accepts them without reservation.
Article 1 - Application of the CGV and purpose of the Site
The Seller reserves the right to modify the CGV at any time by publishing a new version on the Site. The CGV applicable to the Client are those in force on the day of their order on the Site.
The legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, legal notices, and data charter of this Site.
The present Site offers the online sale of accessories for pets.
The Site is freely accessible to any Client. The purchase of a Product or Service implies the acceptance, by the Client, of the entirety of these CGV, which the Client acknowledges having fully read. This acceptance may consist, for example, of the Client ticking the box corresponding to the acceptance sentence of these CGV, which may include the phrase "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.
Acceptance of these CGV implies that Clients have the legal capacity necessary to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.
The Client acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in case of a dispute.
The Publisher provides the Client, on their Site, with a privacy policy specifying all the information related to the use of personal data collected by the Publisher and the rights that the Client has regarding this personal data. The data privacy policy is part of the CGV. Acceptance of these CGV therefore implies acceptance of the data privacy policy.
Article 2 - Creating a customer account
Creating a "customer account" is a prerequisite for any order placed by the customer on this site. To this end, the customer will be asked to provide certain personal information such as their first and last name, email address, postal address, and phone number, among others. The customer agrees to provide accurate information and is responsible for keeping their data up-to-date by notifying the seller of any changes promptly. The customer is solely responsible for the truthfulness, accuracy, and relevance of the data provided.
Registered customers can access the site by logging in with their credentials (email address defined during registration and password), or by using third-party social media login buttons. The customer is entirely responsible for protecting their chosen password and is encouraged to use complex passwords. In case of forgetting the password, the customer can generate a new one. The password guarantees the confidentiality of the information contained in the customer's account section, and the customer therefore agrees not to disclose it to any third party. Otherwise, the seller cannot be held responsible for unauthorized access to a customer's account.
The customer account allows the customer to view all orders placed on the site. If the data in the customer account section disappears due to a technical malfunction or a force majeure event, the seller cannot be held responsible since such information is only for informational purposes and has no probative value. The pages related to the customer account section can be printed freely by the account holder, but they do not constitute proof and are only intended to ensure efficient management of orders or contributions by the customer.
Each customer is free to close their account on the site by sending an email to the seller indicating that they wish to delete their account. No recovery of their data will then be possible.
The seller reserves the exclusive right to delete the account of any customer who has violated these general terms and conditions (including, but not limited to, when the customer has knowingly provided incorrect information during registration and the creation of their personal space), or any account that has been inactive for at least one year. The deletion will not be considered as a damage to the customer, and they cannot claim any compensation as a result. This exclusion is not exclusive to the possibility for the seller to initiate legal proceedings against the customer when justified by the facts.
Article 3 - Ordering process and description of the purchasing process
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered subject to availability. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered, but are not constitutive of a contractual commitment insofar as they cannot ensure perfect similarity with physical Products.
The term "Cart" below shall mean the intangible object comprising all the Products or Services selected by the Site Client for purchase by clicking on these items. To place an order, the Client selects the Product(s) he wishes to order by adding them to his "Cart", the contents of which can be modified at any time.
As soon as the Client considers that he has selected and added to his cart all the Products he wishes to purchase, he will have the option, to validate his order, of accessing his cart by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Client must tick the box relating to the ratification of these T&Cs and click on the validation button. The Client will then be redirected to a page in which he must fill in the order form fields. In this case, he will have to provide a certain amount of personal data concerning himself, necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify these necessary information. The Client may make changes, corrections, additions, or cancel the order until it is validated.
As soon as the Client has completed the form, he will be invited to make his payment using the payment methods listed in the section of these T&Cs relating to payments. After a few moments, the Client will receive an email confirmation of the order, reminding him of the contents of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this clause of reservation of ownership.
Article 4 - Prices and payment terms
Unless otherwise stated, the prices in the catalog are in Euros, inclusive of all taxes (VAT), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping fees.
Websource reserves the right to change its prices at any time and to reflect, if applicable, any changes in the applicable VAT rate on the price of the Products or Services offered on the Site. However, the price in the catalog on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Site and make payment by credit card, bank transfer, or PayPal. Payments by credit card are made using secure transactions provided by an online payment platform provider.
This Site has no access to any data relating to the Client's means of payment. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by check or bank transfer, the delivery times defined in the "Deliveries" article of these T&Cs will only start to run from the effective receipt date of the payment by the Seller, who may prove it by any means. The availability of the Products is indicated on the Site, in the product description of each Product.
Websource will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
Article 5 - Deliveries
Delivery fees will be indicated to the Customer before any payment and only concern deliveries made in France. For any other place of delivery, it will be up to the Customer to contact customer service.
In case of delivery of a Product outside the European Union and in the French overseas territories, the Customer declares himself as the importer of the Product and accepts that in such a case the Seller may be unable to provide him with accurate information on the total amount of fees related to customs duties or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package at the time of delivery if he notices an anomaly regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products...); any anomaly must then be imperatively indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods returned to him. Failure to comply with these requirements will result in the Customer being unable to exercise his right of refusal, and the Seller will not be obliged to comply with the Customer's request to exercise his right of refusal.
If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may request its reshipment by first paying for the postage for the new shipment. Postage fees must be paid even for orders for which shipping costs were waived at the time of the order.
In case of delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, according to article L.221-18 et seq. of the Consumer Code), any Product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Customer during his order or, in the absence of an indication of date or deadline during the order, exceeding thirty (30) days from the conclusion of the contract may result in the resolution of the sale at the initiative of the Consumer Customer, upon his written request by registered letter with acknowledgement of receipt, if after ordering the Seller to make the delivery he has not complied. The Consumer Customer will then be refunded, at the latest within fourteen (14) days following the date on which the contract was terminated, the full amount paid. This clause does not apply if the delay in delivery is due to force majeure.
Article 6 - Droit de rétractation et formulaire de rétractation
Conformément à l'article L.221-18 du Code de la consommation, et si le droit de rétractation est applicable, le Client Consommateur dispose d'un délai de quatorze (14) jours ouvrables à compter de la date de réception du Produit de sa commande ou de la conclusion du contrat pour les prestations de services, pour se rétracter. Il sera tenu de retourner tout Produit ne lui convenant pas et demander l'échange ou le remboursement sans pénalité, à l'exception des frais de retour, sous quatorze jours à compter de la réception par Websource de la demande de remboursement.
Le Produit devra obligatoirement être retourné en parfait état. Le cas échéant, il devra être accompagné de tous ses accessoires. Le Client Consommateur peut trouver ci-dessous un formulaire type de rétractation pour une commande passée sur le Site, à adresser à Websource. Il est entendu que le Client supportera les frais de renvoi du Produit en cas de rétractation, ainsi que le coût de renvoi du Produit si celui-ci, en raison de sa nature, ne peut normalement être renvoyé par la Poste.
Si les obligations précédentes ne sont pas effectuées, le Client perdra son droit de rétractation et le Produit lui sera retourné à ses frais.
Il est recommandé au Client d’effectuer le retour par une solution permettant un suivi du colis. Dans le cas contraire, si le colis retourné ne parvenait pas au Vendeur, il ne sera pas possible de lancer une enquête auprès des services postaux afin de leur demander de localiser ce dernier.
Le remboursement sera effectué en utilisant le même moyen de paiement que celui choisi par le Client pour la transaction initiale, sauf accord exprès du Client pour que le Vendeur utilise un autre mode de paiement, et dans la mesure où le remboursement n'occasionne pas de frais pour le Client.
Le Vendeur se réserve également le droit de différer le remboursement jusqu'à réception du Produit ou aussi longtemps que le Client n'aura pas démontré qu'il a fait l'expédition du Produit, si une telle démonstration n'a pas eu lieu précédemment.
En cas de dépréciation des Produits résultant de manipulations autres que celles nécessaires pour établir la nature, les caractéristiques et le bon fonctionnement du ou des Produit(s), la responsabilité du Client pourra être engagée.
Conformément à l'article L221-5 du Code de la consommation, ("loi Hamon") de juin 2014, le Client Consommateur peut trouver ci-dessous un formulaire type de rétractation pour une commande passée sur le site :
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of Websource SASU, 5 chemin les Gournauds, Route de saint savournin, 13850, Gréasque
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*) :
Name of Client(s):
Address of Client(s) :
Signature of Client(s) (only if notifying this form on paper) :
Date:
(*) Delete as appropriate.
Article 7 - Product warranty
Legal provisions to be reproduced
When acting under the legal warranty of conformity, the consumer has a period of two years from the delivery of the goods to take action. They can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Except for used goods, the consumer is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery, a period extended to 24 months from March 18, 2016.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The consumer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be obliged to any warranty. In the event of implementation of this warranty, the buyer has the choice between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.
The deferral, suspension, or interruption of the prescription cannot have the effect of extending the prescriptive period beyond twenty years from the day of the birth of the right in accordance with Article 2232 of the Civil Code.
All items purchased on this website benefit from the following legal guarantees provided for by the Civil Code;
Legal conformity warranty
According to Articles L.217-4 and following of the Consumer Code, the Seller is required to deliver a product that is in conformity with the contract concluded with the Consumer Customer and to be liable for any lack of conformity existing at the time of delivery of the Product. The conformity warranty can be exercised if a defect should exist on the day of the Product's possession. However, when the defect appears within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or if the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller may rebut this presumption if it is incompatible with the nature of the [Product] or the lack of conformity alleged."
However, after this 24-month period (or 6 months if the order was placed before March 18, 2016 or if the Product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with Article L.217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair or replacement of the product. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is clearly disproportionate to the other option, given the value of the product or the significance of the defect. The seller is then required to proceed, unless it is impossible, according to the option not chosen by the buyer."
Legal Warranty against Hidden Defects
According to articles 1641 to 1649 of the Civil Code, the Client may request the exercise of the warranty against hidden defects if the defects presented were not apparent at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example), and are serious enough (the defect must either make the Product unfit for the use for which it is intended, or diminish this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known of the defect).
Claims, exchange requests, or refunds for a non-compliant Product must be made by postal mail or email to the addresses indicated in the legal notices of the website.
In case of non-compliance of a delivered Product, it can be returned to the Seller who will proceed with its exchange. In case of impossibility to exchange the Product (obsolete Product, out of stock, etc.), the Client will be refunded by check or bank transfer for the amount of his order. The costs of the exchange or refund procedure (including the return shipping costs of the Product) are then borne by the Seller.
Article 6 - Refund terms
In accordance with legal provisions, within 14 days following the receipt of your product, you can exercise your right of withdrawal. You don't have to justify any reasons nor pay any penalties. Except for the return costs, which remain at your expense, we will refund you the full amount paid no later than 30 days following your withdrawal. Upon our proposal, you may also choose another method of refund.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's specific specifications, or for audio, video, or computer software recordings that have been unsealed by the customer.
To proceed with the refund of your order, simply contact us by email or via our contact form, providing your order number and your wish to withdraw.
Article 7 - Customer Service
The customer service of this Site is accessible by email at the following address: jonathan@websource.fr or by postal mail at the address indicated in the legal notices.
Websource also provides its customers with a hotline or telephone support to answer their questions. The telephone support can be contacted by phone at 0613772995 (non-premium number).
Article 8 - Liability
Websource, the Seller, shall not be held responsible for the non-performance of the contract due to the occurrence of a force majeure event. As for the purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these terms, loss of business, loss of profits, damages or expenses that may arise.
The choice and purchase of a Product or Service are solely the responsibility of the Client. The total or partial impossibility to use the Products, especially due to incompatibility of the equipment, cannot give rise to any compensation, refund, or holding the Seller responsible, except in the case of a proven hidden defect, non-compliance, defect, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows for withdrawal, as per Article L 221-18 and following of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. The Site provides the Client with information for guidance only, with imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist. In any case, Websource cannot be held liable for:
- any direct or indirect damages, especially in regards to loss of profits, loss of revenue, loss of customers or data that may result from the use of the Site, or on the contrary, from the impossibility of its use;
- a malfunction, unavailability of access, incorrect use, incorrect configuration of the Client's computer, or the use of a browser that is not commonly used by the Client;
- the content of advertisements and other links or external sources accessible by Clients from the Site.
The photographs and visuals of the Products presented on the Site have no contractual value; therefore, the Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals presented on the Site or if they are erroneous or incomplete.
Article 9 - Intellectual Property Rights
All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without limitation, is strictly prohibited and constitutes counterfeiting.
Any Client who commits counterfeiting may have their account deleted without notice or compensation, and without such deletion being considered as damage, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their agent.
The trademarks and logos contained on the Site may be registered by Websource or possibly by one of its partners. Anyone making representations, reproductions, imbrications, broadcasts and rebroadcasts of these trademarks and logos will be subject to the sanctions provided for in Articles L.713-2 and following of the Intellectual Property Code.
Article 10 - Independence of clauses
If any provision of the T&Cs is deemed to be illegal, void, or for any other reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and enforceability of the remaining provisions.
These T&Cs replace all prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable, or sublicenseable by the Client.
A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings related to the T&Cs. The parties agree that all correspondence related to these T&Cs must be written in the French language.
Article 11 - Applicable law and mediation
These T&Cs are governed by and subject to French law.
Except for public order provisions, any disputes that may arise in the performance of these T&Cs may, before any legal action, be submitted to the discretion of the Site Editor for amicable settlement.
It is expressly stated that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public order, any legal action relating to the performance of these T&Cs must be submitted to the jurisdiction of the courts of the defendant's domicile.
Consumer Mediation
Under Article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to use free of charge a consumer mediator in order to amicably resolve the dispute which opposes him to a professional. For this purpose, the professional guarantees the consumer the effective recourse to a consumer mediation device".
As such, Websource offers its Consumer Clients, in the event of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Pending their appointment
- contact@devignymediation.fr
- https://www.devignymediation.fr/consommateurs.php
It is recalled that mediation is not mandatory but only offered in order to resolve disputes without resorting to justice.
All rights reserved - July 8, 2021.