At 01/12/2021
0. PRELIMINARY NOTIONS
These general terms and conditions of sale (hereinafter the "GTCS") apply to all purchases made on the www.wallaby-store.comwebsite (hereinafter the "SITE") owned by SAS WALLABY STORE (hereinafter the "VENDOR"), registered in the CAHORS trade and companies register under number ,
Any purchase made from SAS WALLABY STORE implies the buyer's unreserved acceptance of these terms and conditions.
It is the buyer's responsibility to read these terms and conditions before making any purchase on the site.
By validating his purchases, the "CLIENT" expressly acknowledges acceptance of these GTC.
1. DEFINITIONS
Meaning of terms used:
- -" CUSTOMER": refers to the SELLER's co-contractor, who warrants that he/she is a consumer as defined by French law. In this respect, it is expressly stipulated that this CLIENT is acting outside of any usual or commercial activity.
- -" GTC": refers to these General Terms and Conditions of Sale
- - SITE": refers to the Internet site www.wallaby-store.com
- -" DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated when the order was placed.
- -" PRODUCTS": refers to all products sold on the SITE.
- -" TERRITORY": refers to Metropolitan FRANCE (excluding DOM/TOM) and Belgium.
2. SHOPPING AT " WWW.WALLABY-STORE.COM "
To purchase a PRODUCT, the CLIENT must be of legal age and capacity. If he is a minor, he must be able to justify the agreement of his legal representatives.
When placing an order, the CLIENT must provide the SELLER with complete delivery information.
The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, eligibility and the information communicated.
The CUSTOMER will be asked to provide identifying information by completing the form on the SITE. The sign (*) indicates the mandatory fields that must be completed in order for the SELLER to process the CLIENT's order.
Where applicable, DELIVERIES can be tracked using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at least 24 hours after placing an order, by e-mail at sav@wallaby-store.com, in order to obtain information on the status of the order.
3. PRODUCTS
The SELLER presents the essential characteristics of the PRODUCTS in good faith.
The CUSTOMER undertakes to read this information carefully or to obtain information from the SELLER before placing an order.
Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France, with the exception of products reserved for private use or competition.
4. Order process
Orders for PRODUCTS are placed directly and exclusively on the SITE.
To place an order, the CLIENT must follow the steps indicated on the SITE and set out below:
1. PRODUCT selection
The CLIENT must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may then add as many PRODUCTS as he or she wishes to the shopping cart.
2. Control
Once the PRODUCTS have been selected and placed in the shopping basket, the CLIENT must click on the basket and check that the contents of his order correspond to his expectations. He can modify it.
The CLIENT will then be invited to log in or register.
Once the CLIENT has validated the contents of the shopping basket and logged in/registered, an automatically completed online form will be displayed, summarizing prices, products, quantities, applicable taxes and delivery charges.
The CLIENT is invited to double-check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CLIENT may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS.
The CLIENT selects the chosen payment method to complete the purchase process.
3. Order Confirmation and Invoicing
At the end of the process, a copy of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated via the registration form is correct.
The SELLER does not send order confirmations by post or fax.
During the order process, the CUSTOMER must enter the information required for invoicing. The CUSTOMER's order cannot be processed by the SELLER if the fields marked with the sign (*)
mandatory fields are not completed.
In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
4 Order date
The order date is the date on which the order is received online. The lead times indicated on the SITE begin to run from this date.
5 Prices
Prices are displayed on the SITE in euros, all taxes included.
The applicable delivery charges depend on the weight of the package, the DELIVERY address and the mode of transport chosen).
Prices include value-added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force.
Prices are subject to change. Prices indicated on the SITE are subject to change. They may also be modified in the event of special offers or sales.
Prices shown are valid unless otherwise indicated. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT.
6. Availability
Products are offered while stocks last.
Exceptionally, it may happen that the product is temporarily unavailable after the order has been validated. In this case, the SELLER will inform the customer by e-mail as soon as possible, indicating the availability times. The Customer will then have the choice of maintaining the order and waiting for delivery, or requesting its cancellation. In the event of cancellation, the Customer will be reimbursed immediately.
7. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", which is available in Appendix 1 of these terms and conditions and can be accessed at the bottom of each SITE page via a hypertext link.
8. Payment
8.1. Accepted means of payment
The CUSTOMER may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he/she holds all the authorizations required to use the chosen method of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
8.2.. Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first parcel is shipped. If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
8.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
9. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to track transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the possibility of proving that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 10. Transfer of ownership
The SELLER remains the owner of the PRODUCTS until they have been paid for in full by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.
Article 11. Delivery
The terms of DELIVERY of PRODUCTS are set out in the "Delivery Policy" referred to in Appendix 2 hereto and accessible at the bottom of each SITE page via a hypertext link.
Article 12. Packaging
Items sold are shipped in accordance with current transport standards. In the event of product returns, the customer is required to comply with the same standards. In this respect, both during shipment and in the event of a return, goods travel at the customer's exclusive risk. In the event of a return, the customer is obliged to return the PRODUCTS in accordance with the conditions set out in Appendix 1 ' Cancellation policy.
Article 13. Warranties
13.1. Warranty of conformity
Article L.211-4 of the French Consumer Code: "The seller is required to deliver 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 was made his responsibility by the contract or was carried out under his responsibility."
Article L.211-5 du Code de la Consommation: To conform to the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, notably in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
The SELLER is bound to deliver a PRODUCT that conforms, i.e. that is fit for the use expected of a similar good and corresponds to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling
. In this context, the SELLER is liable for defects in conformity existing at the time of delivery, and for defects in conformity resulting from the packaging, assembly instructions or installation, when the latter has been made his responsibility or has been carried out under his responsibility.
Any action arising from a lack of conformity shall be barred after two (2) years from delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)
In the event of lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the return of the PRODUCT by the CUSTOMER
Finally, the CUSTOMER is exempted from proving the existence of a defect in the conformity of the PRODUCT during the six (6) months following delivery of the good.
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, where applicable, on the PRODUCTS.
13.2 Warranty for hidden defects
The SELLER is bound by the warranty for latent defects in the PRODUCT sold which render it unfit for its intended use, or which so diminish that use that the CLIENT would not have purchased it, or would have paid a lower price for it, had he known of them. (Article 1641 of the French Civil Code)
This warranty allows the CLIENT who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the return of the PRODUCT by the CLIENT.
The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code).
Article 14. Liability
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular during order entry.
The SELLER may not be held liable, or considered to have failed in its obligations hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French Courts and Tribunals.
It is further specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Article 15. Personal data
The SELLER collects personal data about its customers on the SITE, including through the use of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send him or her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, only to the SELLER's service providers necessarily involved in the order process.
The SELLER undertakes never to transfer or assign the names and contact details of its CUSTOMERS to any commercial partners or advertisers.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They may exercise this right by sending an e-mail to: info@wallaby-store.com
It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Article 16. Claims
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: +33 636224354.
Any written complaint by the CUSTOMER must be sent by registered letter with acknowledgement of receipt to the following address: SAS WALLABY STORE - LE BOURG 46360 CRAS
Article 17. Intellectual property rights
All information, texts, images and photographs on the site are the exclusive property of the seller and may not be used for any purpose whatsoever.
Article 18. Validity of General Terms and Conditions
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize the CLIENTS to disregard these General Terms and Conditions.
All terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 19. Modification of the GTCS
The General Conditions may be modified and updated by the SELLER at any time.
Any modification invalidates the previous version from the date of modification. They will not, however, affect transactions previously carried out, which will remain governed by the GCS in force at the time of purchase.
Article 20: Jurisdiction and applicable law
These terms and conditions are governed by French law. In the event of a dispute, the Cahors Court shall have sole jurisdiction.
Article 21. Right of withdrawal
Principle of withdrawal
The CLIENT has the right to return or restitute the PRODUCT to the SELLER within fourteen days of its purchase at the latest.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party designated by the CLIENT, takes possession of the PRODUCT.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to SAS WALLABY STORE - 46360 CRAS or sav@wallaby-store.com
He can use the form below:
WITHDRAWAL FORM
To the attention of SAS WALLABY STORE - Le Bourg - 46360 CRAS
sav@wallaby-store.com
I hereby notify you of my withdrawal from the contract for the sale of the following PRODUCT:
PRODUCT reference :
Invoice no. :
- Ordered on [____________]/received on [________________]
- Payment method used:
- CUSTOMER's name:
- CUSTOMER's address:
- Delivery address:
- CUSTOMER's signature (except for e-mail transmission)
- Date
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period by e-mail or registered letter with acknowledgement of receipt.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER is informed of the CUSTOMER's wish to withdraw.
The SELLER will make the reimbursement using the same means of payment as the one used by the CLIENT for the initial transaction, unless the CLIENT expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the CLIENT.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Return procedure
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating his decision to withdraw from the present contract, return the goods to
WALLABY-STORE - 46360 - CRAS
This time limit is deemed to have been respected if the CLIENT returns the good before the fourteen-day time limit has expired.
Return costs
The CLIENT shall bear the direct costs of returning the good.
Condition of the good returned
The PRODUCT must be returned with all its accessories.
It must show no trace of use other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT, and must be in its original, undamaged packaging.
Article 22: Delivery Area
The PRODUCTS offered can only be delivered within the TERRITORY.
It is not possible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
Shipping and DELIVERY
Unless out of stock, orders are given to the carrier within 24 to 48 hours maximum (excluding public holidays). Deliveries are made by the carrier according to its conditions.
The PRODUCTS are the property of the customer from the time of payment and travel under the exclusive responsibility of the CUSTOMER. It is the CUSTOMER's responsibility to check the good condition of the products delivered (and not just the outer packaging) in the presence of the delivery person. Damaged products must be refused and the reasons for refusal clearly stated on the carrier's delivery note (description of the damage and deterioration observed).
No recourse may be taken by the CLIENT against the SELLER or the CARRIER concerning any products received and accepted without having carried out the necessary checks and without having formulated written reservations at the very moment of delivery.