Any purchase made online on www.willythomas.com website is subject to prior to the acknowledgment and acceptance of these terms of sale
Article: Products of any kind offered for sale (e-commerce service) on the Site.
Client: non commercial person performing the Order, and hold full legal capacity.
Order: purchase commitment of all items selected by the Customer via the e-commerce service's website.
Site: Web site published by WILLY THOMAS
These Terms and Conditions (hereinafter "Terms") apply exclusively between Client and all the WILLYTHOMAS company whose registered office at 26 rue Boileau 92120 Montrouge registered with the Trade Register of Nanterre under the number 815110515 (hereafter "WILLYTHOMAS").
Any Internet user can read the Terms from all pages of the site.
The Terms are applicable without restriction or reservation to all items offered for sale on the Site.
Any Order on the Site is conditioned by prior consultation and acceptance without reservation by the Customer of these Terms and the applicable tariffs.
The validation of an order following the ordering process offered on the Website constitutes acceptance of these Terms.
These Terms prevail over any other document.
Selling items on the site is exclusively for retail and individuals.
In any case, the site can be used by professional sellers Customers, alone or together, and whatever the mode of marketing their products (online marketplaces, shopping malls, intermediate, including physical stores). The Customer acknowledges and agrees therefore that the items can only be purchased in quantities corresponding to the average needs of a consumer, and as compared to the number of items ordered in one order as the number of individual commands respect the usual amount of a medium past consumer for the same product. Willy Thomas reserves the right to refuse clearly validated by a professional seller Customer order.
Any Customer declares to be informed of the lack of reliability of the Internet, especially in terms of relative security in data transmission, continuity unguaranteed in the access to the Site, unsecured performance in terms of volume and transmission speed data and spread of virus.
Willy Thomas warns each Client on the need to implement in his computer or his mobile device or mobile solution and the nature of security measures to prevent the spread of viruses.
The Terms may be subject to change, the conditions applicable are those in effect on the Site at the time of placing your order.
It is mandatory to go through the website for any claims on items purchased online on the website.
4. CREATING AN ACCOUNT
Any award Items Operation via the website must first requires creating an account.
Any major customer is free and free to create an account via the "Create Account".
Creating an account is performed by the Client by filling out the form that is proposed for his identification.
This account is strictly personal and allows him to identify himself before confirming each order.
When creating the customer account, the customer enters the data that allow its identification under its whole responsibilities, controls and directions and is committed to provide full, accurate and timely, and to not impersonate a third parties or to hide or change her age.
When creating a client account, the client chooses their username (email) and password.
If the identifier selected is already assigned, the system prompted to choose another one.
IDs and passwords are personal and confidential. The Customer is solely responsible.
The Customer agrees to keep his password secret and not to disclose it for any reason and in any capacity whatsoever.
On suspicion of using the username and password by a third party, the Customer must immediately alert Willy Thomas to change his password and / or choose to close their account.
Willy Thomas reserves the right to close any client account and refuse any sale accordingly to Customer in the following cases:
Default of one or more previous Orders,
misuse, unfair or fraudulent order of service offered on the Site or disrespectful to any of the Client's obligations defined in GCS.
In this case, Willy Thomas an email address to the Customer concerned at the address communicated by him during the creation of his account informing disabling their username and password and the closure of its account .
In general, the customer is informed that his account may be closed after the first request of the Client sent by email to WILLY THOMAS.
5. CHARACTERISTICS OF ARTICLES
The items available for sale are those listed on the website. The offers are valid until they are visible on the website.
They are offered subject to availability displayed on the Site.
Willy Thomas reserves the right to withdraw from sale at any time while this Article on the Site and / or to replace or modify any information associated with the items on this Site.
In the event of unavailability of an article after placing the order, the customer is notified by email, the order is automatically canceled.
The items for sale on this website are only available for delivery in the following countries: Metropolitan France, including Corsica and Monaco.
The characteristics of the items sold on the site (photographs, graphics and descriptions of the items, etc ...) are approximate and may vary over time. Only the visual Rule that appears at the time of control must be taken into account by the Client. The features and visuals are not contractual.
Only the visual Rule that appears at the time of control must be taken into account by the Client.
In case of errors or omissions in the description of an article, the responsibility WILLY THOMAS is limited to the reasonable costs of removal of Article incurred by the Client.
6. ORDER OF ARTICLES
Any Order necessarily presupposes the Customer's registration or identification of the Customer through his client account. It involves a payment obligation.
The Customer declares be at least 18 and have legal capacity, or if a minor, ensures hold parental permission to perform his control.
To make an Order, the Customer must complete the online purchase process and click on "Order" to submit the Order.
The regulations of the Order constitutes acceptance of these Terms and Conditions, the price of items and contents of the Order.
After confirmation of payment, address WILLY THOMAS Customer with his Order confirmation email.
Any Order is subject to the prior acceptance of WILLY THOMAS and is definitively confirmed only after the receipt by the Customer of an e-mail confirming shipment or the Articles.
If the Customer does not receive any email following his command, they are responsible for contacting the customer service WILLY THOMAS following the procedures described in Article 14 of these Terms
WILLY THOMAS can in no case be held responsible in case of input error or transmission of an entry error does not allow the issuance of the confirmation email and / or items.
It is recommended that the Customer prints the confirmation email of his order.
For questions concerning the status of an order, the Customer must check his account on the Site or contact customer service in the manner described in Article 14 of these Terms.
7. PRICE OF ARTICLES
Prices are listed on the site in euros, all taxes included (VAT), excluding the cost of processing and shipping.
They take account of VAT and any discounts applicable on the date of the Order.
Any new taxes or contributions, including environmental, are likely to be passed on to the Articles of the sale price.
Product prices are exclusive of delivery charges (freight and packaging making the package according to current amounts).
The amount of shipping is stated on the website before confirming the order.
WILLY THOMAS reserves the right to change prices of items at any time, the items being billed based on rates in effect at the time of the validation of each order.
The price of items is charged that indicated in the Order.
ITEMS REMAIN THE ENTIRE PROPERTY OF WILLY THOMAS TO FULL PAYMENT OF THE PRICE, WHICH ACKNOWLEDGES AND AGREES THE CUSTOMER.
8. PAYMENT ORDER
The price charged to the customer is the price indicated in the confirmation of the Order to Customer by email.
The Order is payable immediately by credit card (Visa, MasterCard, American Express) or payment account (Paypal).
The Customer is informed by e-mail, once Shipped that his invoice including shipping and applicable VAT, is available online on the customer account.
Transactions on the site are assigned to a payment platform secure online OGONE.
They are secured with a solution that provides highly secure page for entering payment data: card number, expiration date and security code.
This platform encrypts and sends that data to the bank for payment, in confidence and makes them inaccessible to third parties.
9. TERMS OF DELIVERY
The items are delivered only in the countries indicated in Article 5 of these Terms.
Customer will receive by email an order number confirming its good management. Customers will be informed of the different stages of his Order by email.
The shipment will be announced by e-mail to the Customer at the email address provided by the latter on his account.
The ordered items will be delivered within a maximum period of 30 calendar days of the registration of the order, subject to full payment.
The customer is offered several delivery methods chosen by the Customer and the Customer's expense.
With the shipment number, the customer can follow the progress of the package on the carrier's web site chosen by the Client.
The Customer is informed of its obligation to provide exactly all the details necessary for the proper delivery of his order and perfect delivery (access code, access specification for example).
If the Customer is absent at delivery, a notice will inform the Client of the terms of the conservation of its packages and its availability under the sole and exclusive liability.
If the Customer informed by delivery address is not valid and thus induces a return of the parcel for non-receipt to the address, the parcel of return postage to the new address will be transmitted to the Customer.
A delivery is included in the package, listing the items ordered and actually delivered.
Customer assumes entirely and exclusively risks relating to the items after delivery.
The items are delivered to the shipping address provided by the Customer during the Order no later than the date specified in the Order and that depending on the country of delivery.
WILLY THOMAS makes every effort to deliver the order within 3 business days after the order and agrees that the delivery is carried out within a maximum period of 30 calendar days.
In case of late delivery of more than 7 days from the maximum period referred to above, the Customer may contact WILLY THOMAS email to enjoin execute the delivery within a reasonable additional period. In case of non respect of this new period, the customer may request WILLY THOMAS email canceling his order.
The contract and therefore the sale will be considered broken in reception by WILLY THOMAS email or a letter from the client informs its decision unless the delivery has been reached between the sending and receiving email or the letter of the Customer.
In the event that the Order would be permanently canceled, the customer will be refunded the price paid for his order within 14 calendar days following the cancellation confirmed by email.
In the event that the Customer would receive the parcel after the cancellation of his order, WILLY THOMAS will refund the items and the cost of return, to receive all of them in their perfect original condition.
Each delivery is done as soon availability of the package from the Customer, including the carrier, materialized by the control system used by the carrier.
If the package is damaged or if the article does not meet the Customer's Order, it must proceed within 30 calendar days after shipping the return procedure described in Article 11 below.
In case of delivery by a carrier that requires making an appointment with the Customer, the carrier will contact the customer as soon as possible to arrange an appointment for delivery, 30 calendar days at the latest after the control validation date.
WILLY THOMAS can not be responsible for late delivery due exclusively to a Customer's unavailability after several proposals for appointment by the carrier.
If on the occasion of the same Order, the delivery dates several items differ, the delivery date is based on the earliest date of the order date.
If delivery of an article does not correspond to the Customer's Order, or transport-related defect, the Customer may return the said Article with WILLY THOMAS by following the procedure below and available on the website.
This reimbursement procedure is exclusive of any exchange, and the purpose of saving the client the time and manner of exchange procedures may present a major drawback for the latter.
To qualify for refund:
The Customer must, absolutely no later than 30 calendar days following the shipment of his order, print on the website WILLY THOMAS good return on the "My Account" in "Returns and Refunds". The right of return must be printed and inserted into the package to return; no return will be validated without this one. Any protests lodged after this deadline will not be accepted and WILLY THOMAS will be relieved of all responsabilité.Le Client proceed to return in the original packaging of goods, to the following address:
willythomas.com Returns Service
26 Rue Boileau
Any return not compliant (without the right of return) will be rejected and WILLY THOMAS will be released from any liability.
Once done the verification of the returned items, WILLY THOMAS will reimburse the Client as soon as possible and at the latest within thirty (30) calendar days of receipt of the return package, or on the bank account Customer payment account used to pay for items.
As part of a delivery shop and to make a return, the edition of a good return is not necessary. Attention after editing your right of return, the store returns will be possible.
12. RIGHT OF WITHDRAWAL
Under the EU Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights in the context of remote sales contracts, as implemented in the country of the Customer, the latter is entitled to cancel the order at any time within 14 calendar days following the date on which it received the products.
The Customer therefore has a period of 14 calendar days from the receipt of the Order to exercise his right of withdrawal and without having to give reasons or pay penalties.
If the Customer wishes to use his right of withdrawal, he must learn about the site WILLY THOMAS return form on the "My Account" in "Returns and Refunds". The right of return must be printed and inserted into the package to return; no return will be validated without it.
Once the voucher printed return, the Customer shall return - shipping within 7 calendar days of the date of the right of return - his or her item (s) not conform (s), in the original packaging Articles, thanks to the pre-paid label at the following address:
willythomas.com Returns Service
26 Rue Boileau
All returns must include the right of return and all items subject to the Order which the Customer is not satisfied.
These items must be returned properly protected in their original packaging (a carefully opened package will not be considered damaged packaging) and in perfect condition for resale (not damaged, undamaged, unused, soiled or washed the customer).
Once done the verification of the returned items, WILLY THOMAS will reimburse the customer the full amount paid under its control, including delivery costs (based on the standard delivery rate), in possible and at the latest within thirty (30) calendar days following the date of receipt of the return package, the bank account or payment account of the Client used for payment of items.
13. CUSTOMER SERVICE
For any information or question, for order tracking, or to obtain warranty, Customer must contact Customer Service by email: firstname.lastname@example.org
The items are guaranteed against defects of conformity and latent defects in accordance with articles 1641 to 1649 of the Civil Code and L 211-1 and following of the Consumer Code, and after delivery:
Article 1641 of the Civil Code, the seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not acquired, or would have paid a lower price if he had known.
Article 1648 paragraph 1 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
Article L 211-4 of the Consumer Code: the seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.
Article L 211-5 of the Consumer Code: To comply with the contract, the product must:
1 / Be suitable for the purpose usually of a similar property and, where applicable:
- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 / Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
- Article L 211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
This guarantee allows the customer to return the defective items delivered or not conforming to reimbursement under the above conditions.
15. CONVENTION ON EVIDENCE
Customer acknowledges and agrees that the registration systems in order to do proof of all transactions between WILLY THOMAS and Customer.
Customer acknowledges and agrees that the evidence of the acceptance of Terms is characterized by checking the words "I have read and accept the Terms of Sale."
To this end, the Customer acknowledges and agrees that the electronic data stored in computer servers WILLY THOMAS in reasonable conditions of security and integrity, are considered irrefutably, as evidence of the acceptance of the terms of Terms and proof of all transactions between WILLY THOMAS and Customer.
WILLY THOMAS archive purchase order and invoices on a reliable and sustainable, in accordance with Article 1348 of the Civil Code and guarantees access to the Customer at any time if he so requests in accordance with Article L. 134-2 of the consumer Code.
Accordingly, absent manifest error WILLY THOMAS proven by the Customer, it will not challenge the admissibility, validity or evidential value of the GCS and the content of the Order, on the basis of any legal provision whatsoever and which specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute proof and, if produced as evidence by WILLY THOMAS any litigation or otherwise, will be admissible, valid and enforceable in the same way under the same conditions and with the same force that any document created, received or kept in writing.
At any time, the Customer may print, download, and maintain paper and electronic copy of the Terms.
WILLY THOMAS reserves the right to modify the information contained in this Site at any time without notice.
WILLY THOMAS undertakes to describe with great accuracy the products sold on the Site and to ensure the best possible conditions the update of the information disseminated there.
However, WILLY THOMAS can not guarantee the accuracy, precision or completeness of the information available to the Guest within the Site.
In case of no substantial differences between the photographs of presentation of items on the website, texts and illustrations and the items ordered, responsibility WILLY THOMAS will not be committed.
The Customer acknowledges and agrees that prices of items may vary between stores and website, and in no case this price difference can not support a claim for reimbursement or total or partial items purchased either on the site or in stores.
Responsibility for WILLY THOMAS will not be retained in case of breach of any of its contractual obligations resulting from a fortuitous event or force majeure as defined by case law rendered by the French courts.
WILLY THOMAS particular will not be held liable for any failure or delay in performing controls, caused by events beyond its control ( "Force Majeure").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond control WILLY THOMAS and includes in particular (without limitation):
1. Strikes, closures or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Impossibility of the use of railways, ships, planes, roads or other means of public or private transport.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of any government.
7. Strike, failure or shipping accidents, postal or other.
The execution of the GTC will be suspended for the duration of the Force Majeure Event and the execution and delivery deadlines will be extended accordingly. WILLY THOMAS will strive wherever possible to end the Force Majeure or to find a solution allowing it to perform its contractual obligations despite the Force Majeure.
WILLY THOMAS is solely responsible for any damage direct and foreseeable at the time of use of the Site or the conclusion of the sales contract with the Client, to the exclusion of all damages.
WILLY THOMAS grants a limited license to access and use the Site personal non-professional or commercial use of the site for the Customer.
In any case the customer is allowed to download or modify all or part of this Site without the express written permission of WILLY THOMAS.
This Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial or business purposes without the express written permission of WILLY THOMAS.
The Customer must not use techniques to copy a brand, a logo or other information (including images, text, models) which WILLY THOMAS owns without their express written consent.
WILLY THOMAS authorizes the Customer a non-exclusive, revocable, to create a hypertext link on the home page of the website on condition that this bond can not create against Articles, WILLY THOMAS or the any of its trademarks, a character untrue, false, derogatory, counterfeiting or possible harm to WILLY THOMAS.
In no case the creation of the hyperlink will not engage the responsibility of WILLY THOMAS, in any capacity whatsoever.
The personal information collected on the Site are for WILLY THOMAS and all the subsidiaries of the Company with the consent of the Customer.
WILLY THOMAS is committed to protecting the personal data of its customers.
All personal data concerning the Customer collected by WILLY THOMAS are treated with the strictest confidentiality, in accordance with:
France: the law 78-17 of 6 January 1978 relating to data, files and liberties, for the purpose of processing orders.
The information and personal data of customers are needed in the management of orders and relationships with customers and to keep them informed of all offers and sales information that may interest them.
They may be transmitted to service providers and contract partners involved and contribute to the management of orders and all affiliates of Company WILLYTHOMAS.
This information and management controls are also stored for security purposes, to meet legal and regulatory obligations and to allow WILLY THOMAS improve and personalize the services offered to clients.
Under the Data Protection Act of 6 January 1978, the Customer has a right of access, rectification and opposition to personal data.
To exercise this right, the customer must send an email or a letter to Customer Service WILLY THOMAS by completing the contact form on the website or by writing to the following address: WILLY THOMAS Customer Service, 77 Rue Dulong 75017 Paris and indicating its name, email address and customer references.
Each application must be signed and accompanied by a photocopy of a security of the Customer signing with identity and specify the reply address. This reply will be sent within two months of receipt of the request.
When entering personal data within the Site and prior to their collection Any Client has the option to accept to receive information relating to products of different brands of the Company WILLYTHOMAS.
According to the law, such information will be sent to the Client, if and only if it has expressly agreed to receive them.
19. COMMERCIAL OFFERS AND NEWSLETTERS
WILLY THOMAS may contact the Customer commercial offers by mail, email, SMS, phone or all animated by WILLY THOMAS webs spaces or any of its subsidiaries on social networks, subject to acceptance prior.
The customer has at any time the right to object free of charge to its commercial prospecting mailings by clicking on the "unsubscribe" in every email.
When visiting the site, information about the navigation of clients are likely to be recorded in "Cookie" files installed on their devices (computer, tablet, smartphone).