TERMS AND CONDITIONS
Effective February 1, 2018
PREAMBLE
The "https://footgolf-store.fr" website is entirely managed by WEEMATCH SARL with a capital of €200,000, whose registered office is located at 45-47 rue Paul Bert in Boulogne-Billancourt. (92 100), registered with the RCS of Nanterre under the number 451 239 503, n ° of VAT intra-community FR 04451239503 ("WEEMATCH").
It is previously specified that these conditions exclusively govern the sales organized by WEEMATCH on the Site.
The Customer declares to have read and accepts without reserve the entirety of the clauses of the General Conditions of Sale (the "T&C") of WEEMATCH.
ARTICLE 1 : Definition and Application of the General Terms and Conditions of Sale
The General Terms and Conditions detailed below apply to all orders of products placed on the Site (the "Products") with WEEMATCH by any natural person (the "Customer").
The Customer must read the T&C prior to any order (the "Order"), the T&Cs being permanently available on the Site.
WEEMATCH reserves the right to adapt or modify at any time the T&C. The current version of the T&C applicable to any Order being the one appearing online on the Site at the time of the Order. Consequently, placing an order requires the prior and unreserved acceptance of these Terms and Conditions by the Customer by clicking on the button "I have read and accept unconditionally the general conditions of sale".
ARTICLE 2 : Purpose of the site
The Site is an e-commerce site whose purpose is to market : - products resulting from the collaboration between AFFG and other companies for the creation of one or more particular collections.
ARTICLE 3 : Access to the site
Access to the Site is made from a computer, a telephone, a personal assistant or a mobile terminal connected to a telecommunications network according to the communication protocols used on the Internet. You are informed that the cost of access and navigation on the Site is the sole responsibility of the Customer.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond our control. However, an interruption due to inventory or technical maintenance necessary for the proper functioning of the Site and related materials, or for any other reason, may be decided by WEEMATCH. WEEMATCH is not bound by any obligation of result regarding the accessibility of the Site. WEEMATCH is in no way responsible for interruptions and the consequences that may result. WEEMATCH reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Site, including maintenance and updating. The Customer is informed that WEEMATCH may terminate or modify the characteristics of the Products on the Site at any time without notice.
ARTICLE 4 : Registration on the Site
4.1 Registration form / customer account creation
The creation of a customer account is a prerequisite to order on the Site.
The Customer can however create at any time an account gathering his personal information to order more quickly ("my Account").
The registration of the Customer on the Site is validated by WEEMATCH after verification of the completed form by the Customer. For this purpose, the Customer must :
- Register by completing the mandatory fields provided for this purpose, which will include the information necessary to take into account his registration, namely his title, first name, name, e-mail address and password
- Confirm your registration by clicking on the "create an account" tab.
The Customer receives an email confirmation of registration.
When creating an Account, the Customer must ensure the accuracy and completeness of the data it provides. The Customer is required to always update his personal information. In case of error in the wording of the coordinates, WEEMATCH can not be held responsible for the impossibility to deliver Products.
By registering on the Site, the Customer declares and guarantees to WEEMATCH that he is of age and that he has the legal capacity to contract.
Once registered, the Customer may at any time access the features offered on his account :
- Personal informations ;
- Order history ;
- Order in progress, followed by the processing steps of the Order and Delivery ;
- Credits and returns.
WEEMATCH may delete the Customer's Account at any time, especially in the event of non-payment of the Order, breach of T&C or infringement of a third party's right. WEEMATCH reserves the right not to accept an Order for a legitimate reason, such as a foreseeable problem concerning the delivery to be made or the abnormality of the Order. Any new orders for which there is a backlog or a dispute related to repeated difficulties in the delivery or making available of previous orders, or in the event of fraud or attempted fraud relating use of the Site, including on the occasion of previous Orders.
4.2 Login and password
An identifier (email address) and a password, freely configurable and modifiable at any time, allow the Customer to access the Site. The username and password are strictly personal and untransferable. The Customer is solely responsible for maintaining the secrecy of his password and his username. The Customer is also responsible for all access to the Site made using the username and password, unless there is evidence of fraudulent use. In case of loss, misuse or fraudulent use of identifiers and password by a third party, the Customer agrees to notify WEEMATCH immediately by email specifying its identifier. In the event that a fraudulent use of the password is proven, WEEMATCH will contact the Customer to find the appropriate solution.
In case of forgetfulness of the password, a procedure of return by electronic mail makes it possible to find the use of its password. This procedure assumes the mention of the identifier and the use of the email address provided by the Customer when requesting authorization (or modified in the event of an update).
ARTICLE 5 : Products
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update does not engage the responsibility of WEEMATCH. In case of stock breakdown, WEEMATCH undertakes to reimburse the Customer with a credit note. WEEMATCH takes the greatest care in the presentation and description of the Products to best satisfy the Customer's information. However, despite the best efforts made to represent the products on the Site, the photos are provided for illustration purposes. It is therefore possible that there is a slight difference between the photograph of the Product and the Product itself, which the Customer acknowledges and accepts. In case of doubt or if you want additional information you can contact WEEMATCH at the following address: contact@weematch.fr It is specified that WEEMATCH only accepts the return of intact and unused products, both conditions being controlled before the return of the returned Products. In the event of non-respect of these two conditions, the Customer will not be able to exchange his Product or to obtain the refund of this last one
ARTICLE 6 : Order
6.1 Terms of order
Only natural persons can place an order through the Site. For companies, contact WEEMATCH directly at the following address: contact@weematch.fr The Order is subject to compliance with the procedure set up by WEEMATCH on the Site comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wants to add to the cart (the "Cart"). The Basket summarizes the Products chosen by the Customer as well as the prices and related fees. The Customer may freely modify the Basket before the validation of his Order. For this to be effective, the Customer must check the box relating to the acceptance of the GSC which will be worth acceptance of the GTC, the Products purchased, their price and the associated costs.
After having confirmed the contents of the Order, the Customer will validate it definitively by the payment guaranteeing to be the holder or to be fully entitled to use pay by Paypal or Credit Card.
It is recalled that the placing of the Order entails an obligation of payment, no discount is provided.
6.2 Impossibility to process an order
In case of force majeure or an event beyond the control of WEEMATCH (out of stock related to external factors such as theft, flood, fire ...) WEEMATCH can not be held responsible towards the Customer because of the decision to withdraw a Product of the Site, or because of the decision to replace or modify any content or information contained on this Site, including after sending a confirmation email summarizing the Order.
ARTCILE 7 : Prices and Terms of Payment
7.1 Price
The prices of the Products are indicated on the Website in euros, excluding VAT, excluding the cost of processing and shipping (the amount invoiced extra will be indicated during the final validation of your order) and, excluding customs fees and other taxes (including tax on videograms, eco-participation ...).
All prices displayed are calculated without the value-added tax (VAT) applicable in France included, which may be different depending on the billing country. In case of delivery outside the French territory, the customs fees and other taxes are not included in the price paid by the Customer. These costs must be paid by the Customer directly to the carrier.
WEEMATCH reserves the right to change prices at any time but the Products will be billed based on the rates in effect at the time of registration and payment of the Order, subject to availability. It is possible that some Products present on the Site contain an error on the price. WEEMATCH will check the price at the time of processing the Order.
In the event that there is a display error on the price, and that the actual price is higher than the price displayed on the Site, WEEMATCH will contact the Customer to ask him if he wants to buy the Product at its price real or if he preferred to cancel his Order.
7.2 Delivery charges
Delivery charges are the responsibility of the Customer and vary according to the weight of the Order and the purchase amount. Two delivery methods are offered to the Customer: at the address he has himself entered. The amount of delivery charges is indicated on the summary of the Order.
7.3 Terms of payment
The payment of the Products is done by Credit card payment or Paypal. Any Order is considered definitively validated when the purchase order is received and validated by Weematch. In the meantime, the Products remain the property of WEEMATCH until full payment by the Customer.
At the moment when the Customer physically takes possession of the Products ordered, the risk of loss or damage of the products is transferred to the Customer. Finally, WEEMATCH reserves the right to cancel or refuse any Order if there is a dispute relating to the payment of a previous Order.
ARTICLE 8 : Security and Certificate
The Site is the subject of effective security systems. It has not only adopted the SSL (Secure Socket Layer) encryption method but has also strengthened all the scrambling and encryption processes in order to most effectively protect all sensitive data related to the means of payment.
ARTICLE 9 : Delivery
Deliveries are made by Colissimo and/or Chronopost, only from Monday to Saturday depending on the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of the physical possession of the Products (the "Delivery").
Delivery charges applicable to the Order are those mentioned on the Site at the time of placing the Order.
When WEEMATCH takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer from the delivery of the Product to the carrier when it is responsible for the transportation by the Customer and not by WEEMATCH.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, a natural person of his choice, a legal person (delivery to his company) or a relay point. Delivery can not be made to hotels or postboxes.
In case of impossibility to make the Delivery, due to an incorrect delivery address or the absence of withdrawal by the Customer of the Order from the selected point of withdrawal, no reshipment may be made and the Customer will be refunded in a period of five (5) days from receipt of the return of the Order by WEEMATCH. When the Customer orders Products with different delivery times, the Delivery Time of the Order is based on the furthest time. WEEMATCH reserves the right to split shipments. Participation in processing and shipping costs will only be charged for one shipment.
WEEMATCH delivers the Orders within a maximum period of 7 (seven) working days for a Delivery in Metropolitan France and 12 (twelve) working days for an International Delivery, this period being deducted from the day following the validation of the Order. The day after the launch of a collection or during the whole month of December, the delivery time can be increased by 10 (ten) days, given the large and exceptional volume of Orders.
In order to meet these deadlines, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase code, access, names and / or intercom numbers, etc.). WEEMATCH can in no way be held responsible in the case of impossibility of delivery of the package due to inaccuracy or imprecision on the address of delivery completed or in case of non-presence at the address indicated.
WEEMATCH can however not be held responsible for the delay of routing being not of its fact or justified by a case of absolute necessity. Upon receipt of the Order, the Customer must ensure the conformity of the Products. Finally, it is recalled that when the Customer (or a third party designated by the Customer) physically takes possession of the Products ordered, the risk of loss or damage to the Products is transferred.
ARTCILE 10 : Product Availability
Products and prices are valid as long as they are visible on the Site and within the limits of available stocks. The indications on the availability of the Products are provided to the Customer at the time of placing the Order. For technical reasons related to the impossibility to display the stock and refresh the pages in real time, inventory differences are always possible.
In case of unavailability, the Customer will be informed by email of a date indicative of the arrival of the Product. The Customer may then decide to cancel the Order or wait for the Products to be in stock again. For items not stored in WEEMATCH warehouses, the offer will be valid subject to availability from suppliers for each sale. Information on the availability of the Products is provided on the product sheet at the time of placing your Order. As this information comes directly from WEEMATCH suppliers, errors or modifications may exceptionally exist.
If the payment has already been made, WEEMATCH undertakes to reimburse the Customer.
ARTICLE 11 : Right of withdrawal
11.1 Terms and conditions
To exercise his right of withdrawal, the Customer must contact WEEMATCH within fourteen (14) days of receipt of the Product, without having to justify, in accordance with the provisions of Articles L.221-18 and following of the Consumer Code.
However, only the reimbursement of the Product by WEEMATCH is possible to the exclusion of any other form of compensation, in any form whatsoever.
With the exception of the exclusions mentioned below, the Customer may obtain a refund of the returned Products as well as a delivery fee for the order corresponding to the prorated value of the returned Product in relation to the amount of the Order and any additional costs.
The refund will be made by the same means of payment as the one used for the initial transaction. The refund will be made as soon as possible and at the latest within 14 days after the effective exercise of the right of withdrawal. WEEMATCH may defer reimbursement until receipt of the Product (s) or proof of shipment of the product (s), the date chosen being the date of the first of these facts.
When the fourteen (14) day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.
In accordance with Article L.221-23 of the Consumer Code, the cost of returning the Products will remain the responsibility of the Customer except in case of lack of conformity of the Products delivered in relation to the Order, which will be charged to the Customer. WEEMATCH.
Failing to meet the deadlines, WEEMATCH will make no refund. The delivered Product must be returned with the delivery voucher, in its original packaging, complete (accessories, instructions ...) in a perfect state of resale.
The retraction can never be exercised if the Products have been, even partially, consumed, washed, soiled, damaged or used. Similarly, Products returned incomplete, damaged or soiled will not be returned or exchanged.
11.2 Exclusions
In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to:
- the delivery of Products which cannot be returned for reasons of hygiene or health protection, if the Customer has unsealed them or which, after having been delivered, have been mixed inseparably with other articles;
- the delivery of audio or video recordings or computer software when the Customer has unsealed them after the Delivery;
- the delivery of Products that have been manufactured according to the Customer's specifications or clearly customized;
- the supply of Products likely to deteriorate or expire quickly.
ARTICLE 12 : Return of Products - Refund
12.1 Return of Products
In accordance with the provisions of Article L 121-21-3 of the Consumer Code, the Customer must return his products within 14 (fourteen) days following the validation of the withdrawal. The Customer must return the Products by post to the following address:
For Defective Products:
WEEMATCH
Footgolf Return Service
45-47 rue Paul Bert 92100
Boulogne-Billancourt
France
For returns of Products in their original packaging:
WEEMATCH
Footgolf Return Service
45-47 rue Paul Bert 92100
Boulogne-Billancourt
France
Product return service Telephone: 01 46 02 05 06
The costs of returns of the Products ordered are the responsibility of the Customer. The transport and routing of returned Products are also the responsibility of the Customer.
12.2 Refund
Following the sending of the return package, the Customer will be informed by email of the receipt of his parcel and its reimbursement.
The refund will be made within a maximum of 14 days from the date of receipt of the parcel. The refund will be made by a credit on the bank account under the same conditions as the purchase.
The right of withdrawal is intended to establish that the product has all the characteristics it expects. Any use that goes beyond this statement will incur the responsibility of the Customer and the Customer will be liable for the value of the Product if the latter was out of use, its current value or depreciation if it was damaged.
ARTICLE 13 : Legal guarantees
In accordance with the provisions of the legal guarantees of conformity and latent defects (referred to in the box below), WEEMATCH will refund or exchange Products apparently defective or not corresponding to the Customer's order.
For a refund, the Customer must contact WEEMATCH customer service at the following address: contact@weematch.fr
The Products must be returned to WEEMATCH in the condition in which the Customer has received them with all the elements (accessories, instructions ...) in a packaging allowing transport in good conditions. Shipping costs will be refunded to the Customer based on the invoice price and return costs will be reimbursed upon presentation of receipts.
It is recalled that in the context of the legal guarantee of conformity, the consumer:
- Has a period of two years from delivery of the goods to act vis-à-vis the seller;
- May choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- Is exempted from showing proof of the lack of conformity of the goods during the 24 months following the delivery of the goods, except for second-hand goods.
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with in article 1644 of the Civil Code. The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal.
ARTICLE 14 : Liability
WEEMATCH is required to deliver Products in accordance with the contractual provisions.
The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics exhibited on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the criteria of quality and strength which are generally accepted for products of the same kind and which can reasonably be expected.
The Customer is however invited to use his Product with caution. The responsibility of WEEMATCH can not be held liable for misuse.
The responsibility of WEEMATCH can also not be held in case of delay or failure if the delay or failure is due to a cause beyond its control: fortuitous event or case of force majeure as defined by the law in force.
WEEMATCH can not under any circumstances be held responsible:
- in the event of false information or error in the Customer's entry of his / her details;
- in the event of improper use of the identifiers or the ordering procedure;
- if there is an obvious error in displaying a ridiculous price.
Regarding the security of the Site, WEEMATCH undertakes to make its best efforts to secure the latter.
Nevertheless, no site being inviolable, its responsibility can not be put in question if unwanted data are imported and installed on the Site without his knowledge, or if conversely, the data transmitted by the Customer to manage his order are misappropriated, damaged, lost or used illegally by third parties.
WEEMATCH will also not be responsible for any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a bomb logic or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with its proper operation, including any transmission arising from the downloading of any content made by the Customer, software used by the latter to download the content, the Site or the server that allows access. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device to protect against any bug, virus or other programming routine. this order proving harmful.
The Customer is also solely responsible for the use he makes of the Site and WEEMATCH can not be responsible for any claim and / or procedure against him.
In contrast, the Site contains a number of hypertext links to other websites. To the extent that WEEMATCH can not control these sites and external sources, WEEMATCH can not be held responsible for the provision of these sites and external sources, and will not be liable for any content, advertising, products, services or any other material available on or from these external sites or sources. In addition, WEEMATCH can not be held responsible for any damage proven or alleged subsequent to or in connection with the use or the fact of having trusted the contents, goods or services available on these sites or external sources. Finally, to the extent permitted by law, WEEMATCH can not be held responsible in the event that the content of said other sites violates the legal and regulatory provisions in force. You must therefore comply with the terms and conditions of use of these sites.
ARTICLE 15 : Personal Data
Personal information collected on the Site is processed by WEEMATCH for Customer Relationship Management and Prospecting purposes.
In accordance with the law of 6 January 1978 relating to computers, files and freedoms, amended in 2004 (hereinafter the "Data Protection Act"), the Customer has the right to access, rectify, of deletion and opposition relating to personal data concerning him. To exercise this right, he must send a letter to the following address:
WEEMATCH
Customer Relationship
Service e-shop
45-47 rue Paul Bert
92100 Boulogne-Billancourt
France
Or the following email address: contact@weematch.fr
In accordance with the Data Protection Act, the processing of personal information collected on the Site has been declared to the Commission Nationale Informatique et Libertés (declaration n ° 1796344).
WEEMATCH does not transmit any personal information to third parties for prospecting purposes, but may be required to disclose it to legally authorized bodies and authorities, to the extent that disclosure is required or authorized by law, or when WEEMATCH deems it necessary or appropriate to comply with applicable laws and other laws, or to protect or defend its rights or those of its employees, customers or any other person.
In any case, WEEMATCH does not request to confirm by e-mail the details of the account or those of a credit card. If the Customer receives an email allegedly sent by WEEMATCH requesting such information, he must not reply.
ARTICLE 16 : Miscellaneous Provisions
The invalidity in whole or in part of one or more provisions CGV, under the terms of a legal or regulatory provision or a court decision become final, does not entail the nullity of other provisions or part of the provision not vitiated by nullity.
ARTICLE 17 Complaint - Litigation
For any complaint, the Customer will contact WEEMATCH at the following address:
WEEMATCH
Footgolf Return Service
45-47 rue Paul Bert
92100 Boulogne-Billancourt
France
or by email: contact@weematch.fr
The Client is informed that he can in any case resort to a conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution (conciliation, for example) in case of dispute.
In this case, the designated mediator is:
MEDICYS
73 boulevard de Clichy,
75009 Paris
Phone: +33 (0) 1 49 70 15 53
E-mail: contact@medicys.fr.
Website: www.medicys.fr
The Customer is also informed that he can also use the Online Dispute Resolution Platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
These General Terms and Conditions of Sale are subject to French law. All disputes to which the purchase and sale transactions concluded pursuant to these GTS and which have not been the subject of a friendly settlement between the seller or by mediation, may be submitted to the competent courts under the conditions of common right.