WAAM GENERAL TERMS AND CONDITIONS OF SALE
1. SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
1.1 Scope of the general terms and conditions of sale
The Site is published by DIECE, a société par actions simplifiée (simplified joint stock company) with capital of €39,930, registered in the Evry Trade and Companies Register under number 533 846 143, having its registered office at Bâtiment 2, 23 avenue de Garigliano, 91600 Savigny-Sur-Orge, France (hereinafter referred to as "WAAM").
WAAM offers cosmetics, personal hygiene products and accessories (hereinafter the "Products") for sale on the Site to customers, as defined below, who wish to make a purchase on the Site (hereinafter the "Customer"). The Products are marketed under the brand name "WAAM Cosmetics", owned by DIECE.
The Customer must be a natural person with the legal capacity to contract and acting as a consumer, i.e. a natural person acting solely to satisfy his or her personal needs.
By placing an order on the Site, the Customer declares that he/she meets the above conditions and in particular that he/she does not purchase Products on the Site with a view to reselling them on a regular basis or as part of a professional activity.
WAAM cannot be required to verify the legal capacity of each Customer. The legal guardians of a person who does not have legal capacity and who has placed an order on the Site will consequently be obliged to honour the order, in particular by paying the price.
1.2 Acceptance of terms and conditions
The GCS apply to all purchases made on the Site, to the exclusion of all other conditions of sale. The terms and conditions applicable are those in force on the day the order is placed.
The GCS can be consulted, printed or downloaded from any page of the Site. The GTCS are also sent to the Customer with the order confirmation email.
The Customer undertakes to read the General Terms and Conditions carefully before placing any order, and must accept the General Terms and Conditions before paying for the order by ticking the box "I have read the General Terms and Conditions and I accept them".
Any order placed by the Customer after validation of the checkbox "I have read the terms and conditions of sale and I accept them", implies the Customer's unreserved acceptance and full and complete adherence to the terms and conditions of sale.
The fact that WAAM does not avail itself at a given time of any of the provisions of the GTC or of the terms of the order relating to the operation and as validated by WAAM may not be interpreted as a waiver by WAAM of its right to avail itself of said terms or provisions at a later date.
WAAM offers cosmetics, essential oils, personal care products and accessories for sale on the Site.
In accordance with article L.111-1 of the French Consumer Code, the Customer may, prior to placing an order, take note of the characteristics of the Products he/she wishes to order.
The Customer is required to refer to the description in each Product file in order to know its essential characteristics.
Only Products that can be added to the Shopping Cart are available for sale.
If a Product is out of stock or unavailable, this will be indicated on the product sheet.
The Customer may request to be informed by WAAM when the Product becomes available for sale again, using the form provided for this purpose.
WAAM takes the greatest care in the presentation and description of the Products, within the limits of technology.
Photographs may therefore differ slightly from reality, depending on the configuration of the electronic devices used by the Customer. The photographs therefore have no contractual value.
Product offers are valid as long as they are visible and accessible on the Site, within the limit of available stocks. WAAM reserves the right to change the Products offered on the Site at any time and without prior notice.
The selection and purchase of a Product are the sole responsibility of the Customer.
Article 62 of the anti-waste law for the circular economy (AGEC law) adopted on February 10, 2020 provides for the introduction of a unique identifier (IDU) for all companies or entities subject to the principles of Extended Producer Responsibility (EPR). IDU : FR217184_01OKEV
Product prices are indicated on the Site in Euros, inclusive of all taxes.
The prices indicated on the Site do not include delivery charges. Customers are informed of the delivery charges applicable to their order before final validation of their order and payment of the price.
Product prices and delivery charges are those applicable at the time the order is placed. Until the order is confirmed by the Customer, they may be modified at any time.
In the event that the Customer has prepared Products in his/her shopping basket without making an immediate purchase, it is the Customer's responsibility to check the prices of the selected Products when validating his/her order.
The total amount due by the Customer and its details are shown on the order confirmation page.
4.1 customer registration
In order to place an order on the Site, the Customer must first create a customer account by completing the registration form provided for this purpose (hereinafter the "Account").
When creating an Account, the Customer chooses an identifier and an associated password.
The login and password are strictly personal and confidential: the Customer may not divulge them to a third party or transfer them. Any order placed using this identifier and password will be deemed to have been placed by the Customer and will therefore bind the latter with respect to WAAM. It is the Customer's responsibility to immediately inform WAAM in writing of any unauthorized use of his/her login and password of which he/she is aware.
Customers may change their login and password at any time by using the procedure provided for this purpose on the Site.
The Customer undertakes to ensure that the information provided to WAAM when creating an Account and when placing each order is accurate, complete and up to date.
If the Customer has made a data entry error in the information communicated to WAAM, WAAM cannot be held responsible for any resulting difficulties in fulfilling an order.
At the end of the registration procedure, WAAM will send a message to the e-mail address provided by the Customer confirming the opening of his/her Account.
Customers may place orders on the Site using their Account.
4.2 Ordering steps
The ordering procedure on the Site is carried out in the following stages:
- The Customer selects the desired Products and quantities on the Site, either from the Products pages or from the DIY Recipes pages. They can consult and modify their selected Products at any time using the "My basket" function.
- Customers identify themselves using their login details or, if not already registered, by using the registration form (see article 3).
- The customer validates his basket by clicking on "Checkout".
- A summary of the contents of the order and its amount is presented to the Customer for validation. The Customer then has the option of modifying the order in whole or in part, particularly with regard to the Products selected and the quantities. In this case, a new order summary is submitted to the Customer. The Customer must validate the new basket by clicking on the "Checkout" box.
- The customer enters the billing and/or delivery address. Click on "Continue" to confirm.
- The customer chooses the delivery method by clicking on "Colissimo Point Relais", "Colissimo à domicile", "Colissimo contre signature", "Chronopost point relais" or "Chronopost livraison expresse". The customer is informed of the delivery charges for each type of delivery before making his choice. For customers in metropolitan France, the Customer may also subscribe to the Waam Family Pass service, which, in return for payment of €10 including VAT, entitles the Customer to free delivery for one year, regardless of the number of orders placed or the unit value of each order. The general conditions of the Waam Family Pass can be found on the dedicated page of the Site.
- Before paying for the order, the Customer reads and acknowledges the GTC and indicates his acceptance by ticking the appropriate box.
- The customer chooses the method of payment by clicking on "Credit card" or "PayPal". Confirm by clicking on "Checkout".
- The customer makes the payment on the secure page provided for this purpose.
- The order is finalized for the Customer .
The customer must carefully check all the information provided on the order form before confirming the order.
WAAM cannot be held responsible for errors concerning the information provided by the Customer in the order form.
On receipt of this order, WAAM will carry out the necessary checks to validate the order, and in particular the effectiveness of payment for the order and the quantities ordered.
The order thus verified will be followed by a confirmation e-mail - which materializes WAAM's registration of the order - recalling the contents of the order as well as the delivery deadline.
The sale is final only upon receipt by the Customer of the order confirmation email sent by WAAM.
The Customer will be informed of the shipment of the Products by e-mail.
WAAM reserves the right not to proceed with an order placed by the Customer, in particular:
- In the event of order(s) exceeding, by their content or frequency, the needs of an average consumer and more generally in the event of abnormal requests or bad faith on the part of the Customer.
- In the event of information from the banking institution in charge of managing the payment of the order by WAAM stating that it is impossible to implement the method of payment chosen for the settlement of the order.
- In the event of a previous dispute with the Customer relating to the payment of an order ;
- In the event of an order that does not comply with the GTC ;
- And more generally in the case of a legitimate reason as provided for in paragraph 1 of article L 121-11 of the French Consumer Code.
WAAM will inform the Customer by e-mail or telephone within a reasonable period of time.
The Products are offered by WAAM within the limits of available stocks. The Customer is informed of the availability of the Products at the time the order is placed, on the page of each Product. If, despite WAAM's best efforts, the Products ordered by the Customer are no longer available after the order has been placed, WAAM will inform the Customer by e-mail or telephone as soon as possible. In such a case, the Customer's account will not be debited for Products that are no longer available. If the transfer has already been made, WAAM undertakes to reimburse the Customer for the part of the payment corresponding to the unavailable Products.
Payment is made in cash, online.
Orders are paid in Euros.
Orders can be paid for using one of the following payment methods:
- Payment by credit card. The following credit cards are accepted: VISA, MASTERCARD, e-carte bleue, American Express.
The transaction is carried out using the SYSTEMPAY security system of WAAM's partner Banque Populaire. This system guarantees the encryption and security of the customer's bank details. Payment is made via a dedicated, secure area provided by the bank.
The Customer must be the holder of the credit card used to pay for the order.
The customer's order is recorded and validated as soon as the bank accepts payment.
The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
Failure to debit the sums due will result in refusal of the sale.
The payment card used is debited when the Products are dispatched, after confirmation from the issuing bank.
- Payment by electronic wallet ("PayPal" type). Customers wishing to pay with their PayPal account will be redirected to the PayPal platform to identify themselves and proceed with payment. After payment from the PayPal platform, the Customer will be redirected to the Site.
6. LEAD TIMES & DELIVERIES
Delivery is made to the address indicated by the Customer.
Delivery means the transfer to the Customer of physical possession or control of the goods.
All risk of loss or damage to the Products is transferred to the Customer at the time the Customer, or a third party designated by the Customer and other than the carrier proposed by WAAM, takes physical possession of the goods. When the Customer entrusts the delivery of the goods to a carrier other than the one proposed by WAAM, the risk of loss or damage to the goods is transferred to the Customer when the goods are handed over to the carrier.
The customer chooses the delivery method when placing the order.
Delivery costs are calculated according to the delivery method chosen, the total price (excluding delivery costs) of the order and the weight of the order. The cost of delivery is indicated to the Customer when the order is placed, before the basket is validated, except for Customers who have subscribed to the Waam Family Pass (cf. art. 4.2 above).
Delivery times vary according to the delivery option chosen by the Customer, and are indicated before the Customer places the order (see article 4.2).
WAAM makes every effort to ensure that orders are delivered as quickly as possible.
Customers can track the progress of their parcel using the tracking number provided in the e-mail confirming shipment of their order.
WAAM undertakes to deliver the order no later than 30 days after sending the order confirmation e-mail.
The Customer will be informed if delivery is delayed for reasons beyond WAAM's control.
Failing delivery within the agreed period and in accordance with article L.216-2 of the French Consumer Code, the Customer may instruct WAAM, by registered letter with acknowledgement of receipt to the address mentioned in article 13 of the GTCS, or by a written document on another durable medium, to perform within a reasonable additional period. Should WAAM fail to deliver within this reasonable additional period, the Customer may cancel the order by registered letter with acknowledgement of receipt to the address mentioned in article 13 of the GTCS, or in writing on another durable medium.
The order shall be deemed cancelled upon receipt by WAAM of the letter or writing informing it of such cancellation, unless WAAM has performed in the meantime.
When the order has been cancelled by the Customer, WAAM will refund the total amount of the Customer's order within a maximum of fourteen days in accordance with the provisions of article L.216-3 of the French Consumer Code.
On receipt of delivery, the Customer must check that the delivery conforms to the order (quantity and Product reference), and that the package and Products are in good condition in the presence of the carrier.
If the parcel is damaged or opened, if the Products are damaged or do not correspond to the order, the Customer must refuse to take delivery and state on the delivery note for the Products, or if applicable on the tablet or electronic terminal presented by the carrier, the reasons for refusing to take delivery of the order.
In all cases, the Customer must inform WAAM, using the form provided for this purpose, of any non-conformity of the delivery with the order (quantity, Product reference, missing Products, etc.). WAAM will then contact the Customer to resolve the problem.
7. RIGHT OF WITHDRAWAL
7.1 Exercising the right of withdrawal
The Customer has a period of fourteen (14) days from the day following receipt of the Products ordered to exercise his right of withdrawal, without having to give reasons for his decision.
The customer may exercise his right of withdrawal as soon as the sale has been concluded.
In the case of an order for several Products delivered separately, the period runs from receipt of the last Product.
In the case of an order for several Products delivered separately, the period runs from receipt of the last Product.
In accordance with article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions of articles L. 221-18 et seq. of the French Consumer Code, the Customer may send :
- or the standard withdrawal form attached as an appendix to the General Terms and Conditions, duly completed ;
- or any other unambiguous statement expressing its wish to withdraw, specifying the number of the order concerned.
Upon receipt, WAAM will send the Customer an e-mail acknowledging receipt of the withdrawal.
The customer is invited to contact customer service, indicating his wish to return all or part of his order to Sogec - retour AY53 17 avenue du Québec, 91140 Villebon-Sur-Yvette.
Return shipping costs are at the customer's expense.
The Product must be returned in its original packaging, in perfect condition, fit for resale, unused and with all accessories.
In addition to the returned product, the return parcel must also have the returns slip printed and glued to the outside of the parcel, as well as the delivery slip inside the parcel.
The parcel with the returned Product and the return slip affixed to it will be given to La Poste, which will take care of transporting it to WAAM's warehouse.
WAAM will reimburse the Customer for all sums paid, including delivery costs, without undue delay and within fourteen (14) days of being informed of the Customer's decision to withdraw. In the event that WAAM has not, within this 14-day reimbursement period, recovered the Products or obtained proof of shipment of the Products by the Customer, WAAM reserves the right to defer reimbursement until the date of the first of these events to occur.
WAAM will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means.
By accepting the GTC, the Customer expressly acknowledges that he has been informed of the cancellation procedure.
7.2 Products excluded from the right of withdrawal
The Customer is informed that, in accordance with the provisions of article L. 221-28, 5° of the French Consumer Code, the right of withdrawal does not apply to Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection, which is notably the case for certain cosmetic products.
The right of withdrawal applies only to Products purchased on the Site, any other product is excluded from the right of withdrawal.
The customer is informed that the seller, who guarantees the conformity of the goods sold with French law, is the company DIECE (WAAM).
WAAM is liable for defects in conformity and hidden defects in the item sold under the conditions set out respectively in articles L 217-4 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code (these articles are listed below).
If it is not possible to repair or replace the Product(s) in the event that the Customer invokes the legal warranty of conformity, WAAM may reimburse the Customer for the price of the Product(s).
8.1 Legal warranty of conformity
When acting under the legal warranty of conformity, the Customer :
- has a period of two (2) years from the date of delivery of the goods to take action ;
- may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 211-9 of the French Consumer Code ;
- is exempt from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty.
8.2 Warranty for defects in the goods sold
The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.
Reminder of applicable legal provisions :
- Consumer Code :
The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model ;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
The provisions of the present section do not deprive the purchaser of the right to bring an action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law."
- Civil Code :
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity."
The contract will not be rescinded or the price reduced if the seller undertakes to repair.
Upon receipt of the order, the Customer must ensure that the Products delivered conform in all respects to the order.
In the event of a lack of conformity or a hidden defect affecting the Products received within the meaning of this legal warranty, the Customer must inform WAAM's customer service department by e-mail or telephone as soon as the lack of conformity or hidden defect is discovered.
WAAM's customer service will provide all the information required to return, replace or refund the Products.
After examination of the returned Product by WAAM, it will be refunded or replaced. The Customer will be informed by email.
8.3 Warranty exclusions
WAAM's warranty obligations are excluded in the following cases:
- the Products returned by the Customer do not correspond to the Products ordered by the Customer ;
- the products returned by the Customer were not ordered on the Site ;
- the Customer has used the Products in a manner that does not comply with the documentation made available to the Customer, in particular on the Product sheets, the labelling or any instructions, or a Product defect has arisen as a result of such non-compliant use ;
- the Customer has transmitted erroneous or incomplete information to WAAM when creating his/her customer account or when placing an order.
9. FORCE MAJEURE
WAAM may not be held liable if the performance or delay in performance of any of its obligations is due to an event constituting an act of God or force majeure within the meaning of article 1218 of the French Civil Code, such as, but not limited to, natural disasters, fire, epidemics, pandemics, large-scale industrial action, acts of God, internal or external strikes, unforeseen breakdowns, shortages, war, etc. WAAM shall not be held liable for any loss or damage resulting from such events.
10. INTELLECTUAL PROPERTY - DATA PROTECTION
The WAAM trademark and the logos and other distinctive signs affixed to the Products and/or appearing on the Site are registered and/or protected trademarks and signs and are therefore the exclusive property of WAAM. The reproduction, imitation, use, affixing or removal of these trademarks and/or distinctive signs without WAAM's prior authorization are liable to be qualified as acts of counterfeiting.
The Products, including but not limited to their presentation and packaging, may be protected by intellectual property rights (in particular trademarks, designs and models, copyrights). These rights remain the exclusive property of WAAM and no right relating thereto is transferred or granted to the Customer by these GTC.
Likewise, the presentation of the Products, texts, articles, comments, images, photographs, drawings, trademarks or any other content and elements making up or published on the Site are protected by current intellectual property laws. Any unauthorized use, representation or reproduction is prohibited under the Intellectual Property Code. No commercial exploitation, reproduction, representation, use, adaptation, modification, incorporation, translation, in part or in whole, of these elements may be made without the prior written authorization of WAAM, and failing this, is likely to be qualified as an act of counterfeiting punishable by the Intellectual Property Code.
11. CUSTOMER SERVICE - INFORMATION - COMPLAINTS
For any information, request or complaint, the Customer may contact WAAM as follows:
23 avenue du Garigliano
By e-mail: email@example.com
By telephone: 01 86 24 01 40
By using the contact form on the Site:https://waamcosmetics.com/en/nous-contacter
12. APPLICABLE LAW - MEDIATION - JURISDICTION
12.1 Applicable law
The rights and obligations of the parties are governed by French law, regardless of the Customer's place of residence. The language of the GCS is French. The French version of the GCS shall prevail over any other version translated into another language.
The choice of the applicable law does not deprive the Customer residing abroad of the protection conferred, where applicable, by the mandatory provisions of the country where he has his habitual residence.
In the event of a dispute, the Customer must first contact WAAM, in order to find an amicable solution, by e-mail at the following address: firstname.lastname@example.org
The Customer is hereby informed that he may in any event have recourse to conventional mediation in accordance with the provisions of articles L 611-1 et seq. of the French Consumer Code.
WAAM adheres to FEDERATION DES ENTREPRISES DU COMMERCE ET DE LA DISTRIBUTION Mediator: FEDERATION DES ENTREPRISES DU COMMERCE ET DE LA DISTRIBUTION - 12, RUE EULER - 75008 PARIS - TÈL. 01 44 43 99 00 - email@example.com
In accordance with the rules applicable to mediation, any consumer dispute must be the subject of a written complaint to WAAM Customer Service before any request for mediation.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the Customer is informed that the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
In the absence of an amicable solution, and whatever the origin of the dispute, it will fall within the jurisdiction of the competent French courts, in accordance with the rules of common law.