ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (GTCS) determine the rights and obligations of the parties in connection with the sale of products and services offered by the company WeDeal (hereinafter referred to as "the Seller").
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC shall be those in force at the date of payment of the order.
In accordance with the provisions of Article L. 441-6 of the French Commercial Code, the GTC shall prevail over all documents issued by the Buyer and in particular its General Conditions of Purchase. These GTC shall be systematically communicated to any Buyer who requests them.
ARTICLE 2 - Ordering
Orders must be confirmed in writing and will only be recorded after the Buyer has expressly accepted them in writing. Once the order has been validated, the Seller will confirm it by an acknowledgement of receipt.
Any changes to the order shall not be taken into account without prior verification of the Seller's possibilities. These modifications must be notified in writing within 7 days of receipt of the acknowledgement of receipt.
ARTICLE 3 - Fees
Prices are net, ex works, excluding packaging. The prices for the sale of products and services are indicated in Euros excluding taxes. They will be increased by the VAT on the invoice, at the rate in force on the date of the invoice.
For all products shipped within or outside the European Union, prices are exclusive of tax. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and taxes are not the responsibility of the Seller, and the Buyer is responsible for paying them. In this respect, the Seller invites the Buyer to find out about the formalities required for the introduction of the said products or the steps necessary for the Seller to provide its services.
ARTICLE 4 - Retention of title clause
The products sold remain the full and complete property of the Seller until full payment of the price indicated on the invoice.
ARTICLE 5 - Delivery
The products and services will be delivered and insured at the delivery address indicated on the initial order, subject to prior payment of the deposit provided for in Article 6. This deadline does not take into account any possible modifications that may be made to the order. Thus, any modification to an order, respecting the time limit set out in Article 2, will modify the delivery time initially planned. The Seller shall not be held responsible, in this case, for any delay in delivery.
In the event of late delivery, the Buyer has the possibility of cancelling the contract under the terms and conditions defined in Article L. 138-2 of the Consumer Code.
The Buyer is required to check the condition of the products upon delivery. In the absence of reservations or claims concerning apparent defects or non-conformity of the products delivered with the order, expressly issued and formulated by the Buyer, in writing and within 48 hours of delivery, the products delivered by the Seller shall be deemed to be in conformity. The Buyer shall attach to its reservations or complaints all the relevant supporting documents. No claim can be validly accepted if the Buyer does not respect these formalities and deadlines. The Seller shall replace, as soon as possible and at its own expense, the delivered products whose apparent defects or lack of conformity have been duly proven by the Buyer.
ARTICLE 6 - Terms of payment
6.1. Time limits for settlement
A deposit corresponding to 30 % of the total purchase price of the products is requested when the order is placed.
The balance of the price is payable in one instalment within thirty (30) days of delivery.
No discount will be granted by the Seller for cash payment or payment earlier than that stated in these General Terms and Conditions of Sale or on the invoice issued by the Seller.
In the event of special requests from the Buyer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs will be subject to specific additional invoicing, on the basis of a quotation previously accepted by the Buyer.
6.2. Penalties for delay
In the event of late payment, late payment penalties calculated at the rate of three times the legal interest rate on the amount of the purchase price, inclusive of tax, shown on the said invoice, as well as a flat-rate indemnity for collection costs of €40, shall be automatically and by operation of law payable to the Seller, as from the due date, without any formalities or prior notice.
The Seller shall be entitled to take legal action for the recovery of its claim in accordance with the legal procedure in force.
In the event of non-compliance with the above payment conditions, the Seller also reserves the right to suspend or cancel the delivery of current orders and the provision of these services.
6.3. Lack of compensation
Except with the express, prior and written agreement of the Seller, no compensation may be validly made
between any penalties for late delivery or non-conformity of the products with the order and the sums due for the purchase of the products from the Seller.
ARTICLE 7 - Withdrawal period
In accordance with article L. 121-20 of the French Consumer Code, the Buyer has a period of 14 clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return.
The period mentioned in the previous paragraph shall run from the receipt of the acknowledgement of receipt sent by the Seller or the acceptance of the offer for services.
If the right of withdrawal is exercised within the time limits mentioned in the first paragraph, only the price of the purchased products and the shipping costs will be reimbursed to the Buyer, the return costs remain at the Buyer's expense.
ARTICLE 8 - Transfer of risk
The transfer of the risks of loss and deterioration of the Seller's products will be carried out as soon as the products leave the Seller's premises, these products travelling at the risk of the Buyer, who may, in the event of damage, make all claims to the carrier under the legal and regulatory conditions in force.
The Buyer therefore undertakes to insure the said products in favour of the Seller against the risks of loss and deterioration by chance or otherwise, by means of an ad hoc insurance policy, until the complete transfer of ownership and risks, and to justify this to the Seller, at the latter's first request.
ARTICLE 9 - Guarantee
In accordance with the legal provisions of article 1641 of the Civil Code, the Seller assumes the legal guarantees of conformity and hidden defects.
The Seller reserves the right to exclude from the scope of the legal warranty cases of misuse, negligence or lack of maintenance on the part of the Buyer, as well as those of normal wear and tear of the goods or force majeure. In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the defects with the appropriate justifications, within a maximum period of fifteen (15) days from their discovery.
In addition, the Seller provides a one (1) year warranty on a commercial basis, applicable upon delivery of the goods.
ARTICLE 10 - Industrial Property
The brands, domain names, products 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 GTC.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 11 - Force majeure
The performance of the Seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent the performance thereof. The Seller shall notify the Buyer of the occurrence of such an event within 7 days.
ARTICLE 12 - Invalidity of the GTC
If one of the stipulations of the present contract is nullified, this nullification shall not entail the nullification of the other provisions, which shall remain in force between the parties until the drafting of new General Terms and Conditions of Sale.
ARTICLE 13 - Limitation of liability clause
The Seller's liability for the provision of services is limited to 10,000 euros.
ARTICLE 14 - Dispute
ALL DISPUTES TO WHICH THESE GENERAL CONDITIONS OF SALE, SALES AND SERVICES CONCLUDED BETWEEN THE BUYER AND THE SELLER COULD GIVE RISE, CONCERNING BOTH THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR CONSEQUENCES WILL BE SUBMITTED TO THE COURT OF TARASCON.
The Seller also reserves the right to summon the Buyer before the court in the latter's country.
If, due to the rules of private international law, the above provisions are not applicable, the Seller shall have the right to submit the disputes to an arbitration procedure to be governed by the rules of the International Chamber of Commerce. The arbitration shall take place in MARSEILLE and shall be conducted in French. The arbitration judgment shall be final and may be enforced in any national court.
ARTICLE 15 - Language of the contract - Applicable law
By express agreement between the parties, these general conditions of sale and all sales and services concluded between the Buyer and the Seller are governed by and subject to French law.
If, for reasons of convenience, a translation into a language other than French has been made, only the French text shall be deemed authentic.
ARTICLE 16 - Acceptance by the Buyer
The present General Terms and Conditions of Sale are expressly approved and accepted by the Buyer, who declares and acknowledges that he has perfect knowledge of them, and thus waives the right to take advantage of any contradictory document and, in particular, his own general terms and conditions of purchase, which shall be unenforceable against the Seller, even if he has knowledge of them.