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These General Sales Conditions apply without restriction or reservation to all sales concluded between the company BUZZER BEATER ("the Seller") and the consumers, which means any natural person acting for his or her own purpose (the "Customers or Customer"), wishing to acquire the Products offered for sale by the Seller ("Products") on the website: www.iwiwb.com ("the Site")
The Products offered on the Site and available for sale to consumers are clothing and accessories.
These General Sales Conditions specify, in particular, the ordering conditions, payment, delivery and complaints regarding the Products.
These General Terms and Sales Conditions are accessible at all times on the Site and will prevail, if applicable, on any other contradictory document.
The Client declares to have taken note of these General Sales Conditions and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure.
The Customer acknowledges being of age.
These General Terms and Sales Conditions may be amended from time to time and the applicable version upon the Purchase of the Customer is the one in force on the Site at the date of the order.
The main characteristics of the Products and in particular the specifications, illustrations and indications of size or composition are presented on the Site.
The Products are described and presented with the greatest care and accuracy.
Taking into account screens and the graphic resolution of the screens adopted by the Customer on its terminal, the color or the color of the Products presented on the Site may vary from the actual color. The Products are offered for sale in the following territories: France including the DOM-TOM, European Union, Great Britain, USA, Asia, South America. For any other country, please consult us, dispatching will be subject to cost and potential difficulties.
It is the Customer's responsibility to select on the Site the Products he wishes to order, according to the following terms :
During his first order the Customer will have to open a Client account and fill in a form.
Upon registration, the Customer agrees to provide full and accurate personal information and to update if necessary. He also agrees not to usurp the identity of a third party and falsify his age.
The Customer is responsible for saving his username and password, which he commits not to disclose.
In case of the loss of his password, the Customer can reset it.
The Customer is definitively committed to the seller when he clicks on the "PAY" button when registering his order.
Until this final step, the Customer will have the possibility to return to the previous pages and to correct and modify his order and the previously provided information.
The Seller will systematically confirm the order of each Customer by e-mail.
The sales contract will be deemed to have been formed only after the Customer has received confirmation of the order from the Seller by e-mail and after receipt by the latter of the full price, subject to his / her right to refuse an order in accordance with the provisions of Article 4 of these General Conditions.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
The Customer may follow the evolution of his order on the Site in the "My Account" section.
In accordance with the provisions of the Consumer Code, the Seller reserves the right to refuse any order from a Customer in the event of non-payment, late payment, partial payment, rejection of the means of payment or opposition to payment Bank account holder but also in case of previous dispute relating to the payment of an earlier order or in case of an abnormal order, passed in bad faith or issued from countries not covered by these General Conditions. In this case the Seller will inform the Customer.
In addition, the Seller does not have intention to sell the Products on the Site to professionals, but only to consumers, for their personal needs.
For the same reason the Seller reserves the right to refuse orders in large or abnormal quantities.
Failure by the Client to comply with the obligations under these terms and conditions, and in particular with regard to any payment incident of the price of an order, may lead to the suspension of access to the Seller's services, or even the termination of His Client Account depending on the gravity of the actions in question, without prejudice to any damages and interests that could be solicited by the Seller. Consequently, the Seller reserves the right to refuse any order from a Customer with whom such a dispute exists.
The price includes all taxes of each Product indicated on the Site. The shipping costs of the Customer's order will be indicated to him as part of the ordering process. Furthermore, once the order has been validated, the price and costs will remain accessible in the "My account" section of the Website.
The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Customer on the basis of the tariffs in force at the time of the validation of the order.
The customer may never, on the pretext of a claim made by him against the Seller, retain all or part of the sums owed by him to the latter.
For deliveries outside France, the provisions of the General Tax Code regarding the VAT will apply.
The payment of the order is either :
The Customer guarantees that he is fully entitled to use the payment card provided for the payment of his order and that this card gives access to sufficient funds to cover all the costs resulting from the use of the services of the Seller. Can be used in the CB System :
- cards with the abbreviation CB.
- cards bearing the VISA or EUROCARD or MASTERCARD mark accepted in the CB system.
- cards issued within the framework of foreign or international networks, approved by the GIE CB and from which the Seller can obtain the signs of recognition from his bank.
All of these cards are hereinafter referred to as the generic "card".
Depending on the date of the order, a request to debit the Client's bank account will be sent within 3 days to his bank. The order will be considered effective after confirmation of the agreement of the centers of bank payment.
In accordance with the regulations in force and to ensure the security and confidentiality of their information, the Seller does not retain bank details of its Clients.
It is thus up to the Customer to register and print his payment certificate if he wishes to keep his bank details related to his transaction.
The Site is equipped with an online payment security system enabling the Customer to encrypt the transmission of banking data.
The Customer must indicate his card number, the month and year of expiry mentioned on it, as well as the cryptogram on the back and validate his payment. The security system is based on the 3D Secure system known as Mercanet (BNP Paribas) with request for payment authorization from the Client's bank.
The electronic payment order can not be canceled. Consequently, payment of the order by the Customer is irrevocable, without prejudice to the Customer exercising his right of retraction or subsequent cancellation of the order.
The transfer of ownership of the Product to the Customer will only take place at the time of the complete collection of the amount by the Seller.
In case of refusal of payment by the Bank, the order will be immediately canceled.
PayPal helps protect your credit card information with the best systems on the market for security and fraud prevention.
Paylib is a payment system implemented by BNP Paribas.
The Products delivered remain the property of the Seller until full and effective payment of the invoice by the customer. From the moment of delivery, these provisions do not prevent the transfer to the buyer of the risks of loss and deterioration.
In the event of a total or partial unavailability of the Product after placing the order, the Customer will be informed quickly by e-mail of the delivery of a partial order or the cancellation of his order.
In the event of unavailability of the Product, the Customer then has the option :
- Either to be delivered of a product of equivalent quality and price, within the limit of available stocks. The costs of delivery of a new Product will be borne by the Seller.
- Either to be reimbursed the price of the Product or service ordered within 14 days of its request.
The Products will be delivered by a carrier chosen by the Seller, if necessary by express way if the Customer chooses this method of delivery when ordering.
The Products will be sent to the delivery address that the Customer has indicated during the ordering process.
All deliveries are announced by email.
The Customer must choose the place of delivery. In case of absence at the time of delivery, to the address indicated by the Client, a notice of passage can be deposited in the mailbox. The Seller can not be held responsible for the costs inherent to a possible second passage.
If the retention periods are exceeded by the intermediary ensuring the transport, the parcel will be returned to the Seller. Customer service will then contact the Customer for possible redirection and without a response from the Customer within a reasonable time will make a refund to which will be subtracted the return costs invoiced by the carrier.
The maximum delivery time in France and in the European Union is 3 days starting from the order placement of the Product, unless otherwise stipulated to the Customer before the order is placed and before the final validation of the order. In this case, the Seller shall notify the Customer of an estimated delivery date.
This delay will be mentionned in the order summary.
In this case, the Customer may contact the Seller's customer service, whose details are indicated in the "Contact" section of the Website.
30 days after the order, the Customer may be reimbursed at the latest 14 days after the cancellation of his order.
Each delivery is deemed to have been made as soon as the Customer has physically taken possession of the Product.
Without prejudice to the period of time available to the Customer for the right of withdrawal defined in Article 10 of these general terms and sales conditions, it is recommended that the Client verify the shipments upon arrival and make any reservations and claims that would appear justified, or even refuse the parcel, if it is likely to have been opened or if it bears obvious traces of deterioration.
The Customer must inform the Seller by sending a message via: CONTACT form as soon as possible.
The Customer located in the territory of the European Union has the right to cancel his order upon conclusion of the order and at the latest until the expiry of the period of withdrawal.
From the receipt of the Product by the Client, the Customer has a withdrawal period of 14 days, allowing him, without having to justify particular reasons, to return the delivered Product.
The refund will be made by the same means of payment as the purchase, unless otherwise agreed with the Client.
In case of orders with several items and partial retraction, the shipping costs are not refunded.
The return costs will be at the Customer's expense and depend on the weight of the consignment and the country of destination.
When exercising its right of withdrawal, the Customer opts for a refund or an exchange.
The exchange is possible only for another size of the same model. It can not, in any case, change model or color.
Only one exchange is possible. If the Customer is not satisfied, he exercises his right of withdrawal but can only obtain a refund.
The Customer must return the Product to the Seller at the latest within 14 days following his written wish decision to retract or the report of a non-conformity :
- to the following address: EG Services, Espace de la Motte, 70000 VESOUL
- properly protected, in its original packaging, (undamaged, unworn, not soiled, unwashed, unbleached) accompanied by its label attached to the Product.
- accompanied by the sales invoice so as to enable the latter to identify the customer (order no., Name, first name, address).
- without the product clearly having been used for a long period (beyond a few minutes for the purpose of fitting), ie provided that the Products do not bear the Mark of a prolonged use exceeding the time necessary for the evaluation of the Product (article L 221-23 of the Consumer Code).The Customer is liable in respect of the depreciation of the Product resulting from manipulations other than those necessary to establish the nature and characteristics of the Product.
The Products supplied by the Seller shall be entitled, without any additional payment, without the right of withdrawal, in accordance with the legal provisions,
- the legal guarantee of conformity, for the Products apparently defective, damaged or which do not correspond to the order,
- the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the Products delivered and rendering them unfit for use,
Reminder of applicable legal provisions :
The seller is obliged to deliver goods in conformity with the contract and is liable for defects of conformity existing at the moment of delivery. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
To comply with the contract, the item must :
1° Be fit for regular expected use of a similar good and, if applicable :
• correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model.
• present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
2° Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
The seller shall be liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which diminishes the use as such the purchaser has not acquired it, or would have given a lesser price if he had known it.
The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.
In order to assert his rights, the Customer must notify the Seller in writing of the non-conformity or defect of the Products within a maximum period of 14 days from the delivery of the Products or the existence of hidden defects within a maximum period of 14 days from their discovery.
The Seller agrees either to reimburse the Customer for the price of the Product or to exchange the Customer's Product for an identical Product according to the available stocks or to exchange the Product with a Quality Product for an equivalent price based on available stocks. Reimbursement of Products deemed to be non-conforming or defective will be made as soon as possible and no later than 14 days following the Seller's finding of the lack of conformity or of the hidden defect.
The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded on presentation of the justifications.
The refund will be made by credit to the Customer's bank account.
For any request concerning this guarantee, the Customer must then contact the Customer service by means of the "Contact" section of the Website or by phone at the following number : ……………………….
These provisions are not exclusive of the right of withdrawal defined in article 10 here above.
The warranty will not play for apparent defects. The warranty will not cover Damaged Products due to abnormal use or deterioration.
The Seller shall not be liable in the following cases :
- in the event of misuse, negligence or lack of maintenance by the Customer, such as normal wear and tear of the Product, accident or force majeure.
Claims for warranties must be addressed to the Seller by e-mail: firstname.lastname@example.org. Claims made by telephone must be accompanied by an e-mail or a letter in case of return of the Product.
In the case of an event of force majeure, that is to say, any event beyond the control of the Parties, such as war, boycots, strikes, natural disasters, blockade of means of transport, floodings, storms , Explosions, fire, interruption of electronic means of communication, shortage of raw material delivery may be suspended until cessation of the event in question for a period not exceeding one month. In the case of a suspension of more than one month, the contract may be canceled ipso jure, subject to 7 days notice by either party by registered letter with acknowledgment of receipt.
15.1 Should any of the provisions of the General Terms of Sale be deemed to be unlawful or unenforceable by a court decision, the remaining provisions shall remain in force.
15.2 Pursuant to the provisions of the Civil Code, the information provided by the Website shall be binding between the parties. Items such as the time of receipt or issuance and the quality of the data received shall be based on priority as shown on the Vendor's systems or as authenticated by the Seller's computerized procedures, Provide written and contrary proof by the Client. Unless proved otherwise, the data recorded in the Seller's computer system constitute proof of all the transactions concluded with the Customer.
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested by the Client are necessary for the processing of his order.
This data may be communicated to the Vendor's partners who are responsible for the execution, processing, management and payment of orders.
The processing of the information communicated through the Site has been the subject of a declaration to the CNIL.
In accordance with the national and European regulations in force, the Client has a right of permanent access, modification, rectification and opposition concerning the information concerning him.
This right may be exercised under the conditions and according to the modalities defined in the section Conditions of use of the Site.
These General Sales Conditions and the transactions resulting therefrom are governed by and subject to French law.
In the event of a dispute, the Customer will address the Seller as soon as possible to find an amicable solution.
The Client is informed that it can in any case resort to a conventional mediation.
The Client can find a list of mediators by clicking on the following links : http://www.economie.gouv.fr/mediation-conso ou : http://ec.europa.eu/consumers/odr.
Failing this, the competent Courts are the French Courts under the rules of the Civil Procedure Code.
The language of the contract is French. In the event of a translation of the present GTC in foreign languages, only the French version shall prevail.
The Customer acknowledges having taken into account, in a legible and comprehensible way, prior to the placing of his order, these General Sales Conditions and all the information and information referred to in Articles L111-1 to L111-8 of the Consumption Code, and in particular :
- the essential characteristics of the Product, taking into account the communication medium used and the product concerned ;
- the price of the Products and related costs (delivery, for example) ;
- the date or time at which the Seller agrees to deliver the Product ;
- information concerning the identity of the Seller, his address, telephone and electronic contact details and his activities ;
- information on legal and contractual guarantees and their implementation methods ;
- the possibility of resorting to mediation in the event of litigation ;
- information on the right of withdrawal (existence, conditions, deadline, methods of exercising and other important contractuel conditions.
The fact that a person orders on the Site entails acceptance and full acceptance of these General Sales Conditions, which is expressly acknowledged by the Client, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable to the Seller.
Right to retract, You have the right to withdraw from this contract without giving any reason, within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the item or items.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, electronic form) at email@example.com.
You can use the withdrawal form but it is not obligatory. If you use this option we will immediately send you a confirmation of the e-mail retraction.
In order for the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of your withdrawal, we will refund all payments received from you without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw.
We will proceed to the refund using the same means of payment as the one you used for the initial transaction, in any case, this reimbursement will not incur additional costs for you.
We may defer repayment until we receive the item or items or until you have provided proof of shipping the item or items, whichever is the earlier.
You must return or return the delivery to us without undue delay and in any event not later than fourteen days after you have communicated your decision to withdraw from this contract. This period shall be deemed to have been complied with if you return the goods before the expiry of the 14-day period.
You will have to bear the direct costs of shipping for returning the goods which depend on your country or place of residence and the weight of the package.
Your liability is only incurred when there is a depreciation of the goods resulting from manipulations other than those necessary to establish the nature and characteristics of the goods.