General terms and conditions of sale for Wikeeps

Terms and Conditions Wikeeps® – Europe hereinafter referred to as “Wikeeps®”.

Introduction

In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., users and visitors to the site www.wikeeps.com are hereby informed of the present legal notice.

• Art. 1: Presentation

The customer acknowledges having read, at the time of placing the order, the special conditions of sale and expressly declares accepting them without reservation. The present general conditions of sale govern the contractual relations between Wikeeps® and its customer, both parties accepting them unreservedly. These general conditions of sale shall prevail over any other conditions appearing in any other document, except in the event of prior, express and written derogation.

• Products

The photographs illustrating the products are not contractually binding. Wikeeps® cannot be held responsible for any errors that may have occurred. Most of the products offered by Wikeeps® are available in our warehouse.

3. Order

The sale will only be concluded once the order has been confirmed. Wikeeps® reserves the right to cancel any order from a customer with whom there is a dispute concerning the payment of a previous order. The information provided by the purchaser when placing an order is binding: in the event of an error in the recipient’s contact details or the absence of the mandatory information listed above, the seller cannot be held responsible for the impossibility of delivering the product.

4. Delivery

The carrier undertakes by contract with Wikeeps® to deliver the order to the purchaser’s address provided by Wikeeps®. In the case of carriage on delivery, the customer undertakes to pay the carrier or its representative the full amount indicated on the order confirmation. In addition, for deliveries outside metropolitan France, the customer undertakes to pay all taxes due on the import of products (customs duty, value added tax, and any other taxes due under the laws of the country in which the order is received) and to provide Wikeeps® with any additional information that may be requested. All orders placed with the company Wikeeps® are intended for the personal use of customers, customers or recipients of products are prohibited from any partial or total resale of products. Wikeeps® declines all legal responsibility if taxes are not paid by the customer. Delivery will be made by La Poste by Colissimo Suivi, Chronopost or by a carrier with a minimum surcharge of €30/shipment in the latter two cases of transport by the customer in Metropolitan France. Delivery is made within the time slot agreed with the customer by handing over the product directly to the named recipient, or in the event of absence, to another person authorized by the customer. Any delays do not entitle the purchaser to claim damages. Deliveries within the EEC are made by La Poste using Colissimo suivi Europe or Chronopost, depending on the customer’s choice. Deliveries outside the EEC are made by the international postal services or Chronopost, depending on the customer’s choice. In the event of apparent defects, the purchaser benefits from the right of return under the conditions set out in this document. War, riot, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure discharging the seller from his obligation to deliver. Goods always travel at the recipient’s risk. Always check your parcel on arrival. You must immediately check the condition of your order in order to make any necessary reservations on the carrier’s delivery note in the event of shortage or damage. For reasons of availability, an order may be delivered to the customer in several instalments. In this case, the customer pays for only one delivery. If the customer wishes 2 delivery locations, he/she places 2 orders, with the associated delivery charges.

5. Retraction

You have 7 days (from receipt of the items) to make up your mind. In the event of an exchange or refund, return the new item(s) in their original packaging, undamaged, accompanied by any accessories, instructions and documentation to the following address:

In the event of exercising the right of retraction, Wikeeps® is obliged to reimburse the sums paid by the customer, free of charge, with the exception of return costs. Reimbursement is due within a maximum of 15 days of receipt of the products.

6. Price

The price is expressed in euros. The price indicated on the product sheets does not include shipping. The price indicated in the order confirmation is the definitive price, expressed inclusive of all taxes and including VAT for France and EEC countries. This price includes the price of the products, handling, packaging and storage costs, transport and commissioning costs.

7. Payment

The price invoiced to the customer is the price indicated on the order confirmation sent by Wikeeps®.

8. Litigation

This contract is governed by French law. Wikeeps® cannot be held responsible for any damage of any kind, whether material, immaterial or physical, which may result from the malfunction or misuse of the products sold. The same applies to any product modifications made by the manufacturer. The liability of Wikeeps® will, in any event, be limited to the amount of the order and cannot be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of the present contract, the purchaser has the possibility, before taking any legal action, of seeking an amicable solution, notably with the help of a professional association in the sector, a consumer association or any other advisor of his choice. It is reminded that the search for an amicable solution does not interrupt the “short period” of the legal warranty, nor the duration of the contractual warranty. As a general rule, and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual warranty assumes that the purchaser honors his financial commitments to the seller. Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in those who take the trouble to explain their situation. In the event of a dispute, the customer should first contact the company for an amicable solution. Failing this, the Tribunal de Commerce de PARIS shall have sole jurisdiction, irrespective of the place of delivery and method of payment accepted.

9. Warranty

In all cases, Wikeeps® may not be held liable for failure to comply with the regulatory and legislative provisions in force in the country of receipt. The liability of Wikeeps® is systematically limited to the value of the product in question, at the date of sale, without any possibility of recourse against the brand or company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). Provided that the buyer proves the hidden defect, the seller is legally bound to repair all the consequences (art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within a “short period” from the discovery of the hidden defect (art.1648 of the Civil Code). You can contact customer service: 5 days a week (Monday to Friday evening inclusive) on tel. + 33 9 52 19 11 39; by e-mail at contact@wikeeps.com (response within 72 hours).

10. Terms of use

The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and dispatch of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of nominative customer data has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL). The customer has the right to access, modify, rectify and delete data concerning him/her (article 34 of the French law of January 6, 1978), which he/she may exercise by contacting Wikeeps®. In addition, Wikeeps® undertakes not to communicate, whether free of charge or in exchange for payment, customer details to third parties.