PREAMBLE
LEGAL INFORMATION
By virtue of article 6 of Law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified in this article the identity of the various stakeholders in the context of its implementation and monitoring .
The site www.willythomas.com is published by:
WILLY THOMAS, whose registered office is located at the following address: 3 RUE PAUL ESCUDIER – 75009 PARIS, FRANCE, chaired by Mr WILLY THOMAS and registered with the RCS PARIS under number 815 110 515
Email address: contact@willythomas.com.
The purpose of the following provisions is to define the general conditions of sale on the site www.willythomas.com
These general conditions of sale (hereinafter “GTC”) define the contractual rights and obligations of the seller and his client in the context of distance and electronic sale of goods and products.
The GTC exclusively govern the relationship between the seller and the customer.
The GTC express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about any of the conditions of sale, the practices in force in the distance selling sector by companies headquartered in France and the Consumer Code apply.
The seller reserves the right to modify the GTC from time to time. The changes will be applicable as soon as they are posted online.
ARTICLE 1. CATALOG OR ONLINE STORE
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having any contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact.
The products are offered within the limits of available stocks.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 2. PRICE
The seller reserves the right to modify its prices at any time by posting them online.
Only the current prices indicated at the time of the order will apply, subject to product availability on that date.
The prices are indicated in euros (excluding taxes and all taxes included).
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the products.
The total amount of the order (all taxes included) is indicated before final validation of the order form.
Payment of the full price must be made when ordering.
ARTICLE 3. ONLINE ORDERS
The customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.
The customer must accept by clicking in the place indicated, these general conditions of sale, for his order to be validated.
The customer must give a valid e-mail address and acknowledges by these general conditions of sale that any exchange with the seller may take place using this address.
The customer will also have to choose the delivery method and validate the payment method.
The seller reserves the right to block the customer’s order in the event of non-payment, incorrect address or any other problem on the customer’s account, until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with an obligation to pay, which means that placing the order involves payment from the customer.
1. PAYMENT
The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer guarantees the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the exigibility of the sums due under the order.
In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person can contest within 70 days from the date of the transaction by sending a claim according to the following modalities, so that the seller bears the costs of the sale and returns the disputed sum:
In the event of fraudulent use of the card, and provided that no actual use of the service provided has been made, which would constitute proof that the use of the account is correct, it suffices to write to support service at the address: contact@willythomas.com with the subject of: fraudulent use of my bank card.
Any dispute not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from all liability.
The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.
In case of refusal of authorization of payment by credit card on the part of accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is pending.
2. CONFIRMATION
Upon receipt of the validation of the purchase and payment by the customer, the seller transmits to the latter, on the email address he specified, confirmation of receipt of the order form and a copy of the contract to be printed.
Payment of the full price must be made when ordering.
The seller is required to invoice the customer upon delivery.
For any question relating to the order, the customer can contact customer service at the following coordinates:
By phone at:
From France on +33 6 64 14 40 06
The delivery time is 48-72H.
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law n ° 2000-230 of March 13, 2000, the online supply of the buyer’s bank card number and the final validation of the order constitute proof of the customer’s agreement, the payment of sums due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller can be proven through computerized registers, kept in the seller’s computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All of the payment methods made available to the customer are listed on the seller’s website. The customer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when placing the order.
ARTICLE 7: RETURN POLICY
You have the right of withdrawal of fourteen (14) days from receipt of your order provided for in Article 6 of these general conditions of sale to return the items to us without having to justify a reason. Within the framework of article L 121-21-8 5 ° of the Consumer Code, this right of withdrawal cannot be exercised if the supplies of goods have been unsealed by the consumer after delivery and cannot be returned for for reasons of hygiene or health protection. In the event of the delivery of an item that does not comply with your order or is damaged during transport, please contact us by filling out the form in the section on need for after-sales service assistance, upon receipt of the package. In the event that a damaged or non-compliant product is received, a photo will be requested, we undertake to return a replacement product to you or to refund the full price of the item paid when ordering. The exchange or refund will be made upon receipt of the damaged product, in its original packaging. If we accept to replace a damaged or non-compliant product with your order. You must return this product to us within 15 days of the date on which we confirmed to you to replace it. In the event of non-compliance with your obligation to return the damaged or non-compliant product within said period of 15 days, we reserve the right to debit the credit card used for your order, an amount equivalent to the price (at which the VAT is added) of the damaged or non-compliant product that you have not returned to us. In this case, a second sale under suspensive condition will be considered as having been carried out by us. This condition precedent will be satisfied if at the end of the period of 15 days following the date on which we sent you a replacement product, the damaged or non-compliant product is not returned to us.
ARTICLE 8. RIGHT OF WITHDRAWAL ON DISTANCE SALES ONLY
The consumer has a period of fourteen (14) days from receipt of his order to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of costs. back
No withdrawal could, in view of the particularity of the products sold and presented on the site discloseparis.com- for obvious hygiene reasons-, be accepted if the boxes, packaging and a fortiori the containers of the products of the Willy Thomas range or any other range possibly of another brand sold on the Willy Thomas site, were opened or unsealed before their return.
ARTICLE 9. FORCE MAJEURE
The parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the Civil Code, prevents their execution. The obligations of the parties will be suspended.
The party which invokes such a circumstance, must notify the other party immediately, of its occurrence and its disappearance.
All irresistible and unforeseeable, inevitable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law, and in particular the blocking of means of transport, are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and shutdown of telecommunications networks.
If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
ARTICLE 10. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.
ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and lasting manner to effectively carry out his activity, regardless of the location of his head office in the case of a legal person.
Also, these GTCS are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the seat. social security of the seller.
French