Terms

The Seller, the company Wilo and Co represented under the brand "La Table de Co", sells design products including in particular a range of placemats and related accessories.

The Seller notably ensures the marketing of the aforementioned goods and / or services through the site www.LaTabledeCo.com. The list of goods and services offered for sale online by the Seller can be viewed on the site available at www.LaTabledeCo.com.

The Parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller's website.

The Seller reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the Site. The General Conditions of Sale are those in force on the date of validation of the order.

The Parties agree that the photos of the goods for sale on the site www.LaTabledeCo.com have no contractual value.

Article 1: object

The purpose of these General Conditions is to define the rights and obligations of the Parties in connection with the Online Sale of Goods and Services offered for sale by the Seller to the Buyer from the website www.LaTabledeCo.com. In this sense, the Buyer is deemed to accept them without reservation.

Article 2 - Scope

These General Conditions of Sale are reserved for consumers only, within the meaning of the law and case law.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are applicable to all sales of Goods and Services by the Seller made through the Site.

They are accessible on the website www.LaTabledeCo.com and will prevail, where applicable, over any other version or any other contradictory document.

The Seller and the Buyer agree that these General Terms and Conditions of Sale exclusively govern their relationship.

The Seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a Condition of Sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

The Buyer declares to have read these General Terms and Conditions of Sale before the Order is validated within the meaning of Article 6 or the order is placed.

In this regard, they are enforceable in accordance with the terms of article 1119 of the Civil Code.

The Validation of the Order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale.

These General Conditions only concern purchases made by Buyers located in France and delivered exclusively on French territory. For any delivery outside France, a message should be sent to the following address contact@latabeledeco.com.

Article 3 - Pre-contractual information

The Purchaser acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these General Conditions of Sale and of all the information listed in article L.221- 5 of the Consumer Code.

In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are provided to the Buyer in a clear and understandable manner are available on the Site. In the absence of immediate execution of the contract, the date or the deadline at which the Service Provider undertakes to deliver the good or to perform the service, whatever its price, information relating to the identity of the Service Provider, his postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions .

In addition, the Buyer receives the information provided for in Article L. 111-2 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Conditions of Sale.

The Seller thus communicates the following information to the Buyer:

its name or corporate name, the geographical address of its establishment and, if different, that of the head office, its telephone number and its e-mail address;

the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;

in the event of sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in articles L.217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L.217-15 and L. 217-17 of the Consumer Code;

the duration of the contract, when concluded for a fixed term, or the conditions for termination in the event of a contract of indefinite duration.

The Seller indicates, with regard to digital content:

any relevant interoperability of this content with certain hardware or software of which the trader is aware or should reasonably be aware.

Article 4 - Entry into force and Duration

This Contract enters into force on the date of Validation of the Order as defined in Article 5. The Contract is concluded for the period necessary for the supply of the Goods and Services, until the expiry of the guarantees and obligations due. by the Seller.

Article 5 - Ordering of Goods and Services and Stages of Conclusion of the Online Sale

The Buyer has the option of placing his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks. In order to complete the Order, the Buyer must follow the following steps:

Enter the address of the Site;

Follow the instructions on the Site and in particular, the instructions necessary for opening a customer account;

Fill out the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods and Services chosen by the Buyer before this inactivity is no longer guaranteed. The Buyer is then invited to resume his selection of Goods and Services from the beginning;

Check the elements of the Order and, if necessary, identify and correct errors;

Confirm the Order, the Total Price and the All Inclusive Price (the “Order Confirmation”);

Follow the instructions of the online payment server to pay the All Inclusive Price.

The Purchaser then receives electronically and without delay confirmation of acceptance of payment for the Order. The Buyer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the "Order Confirmation"). The Buyer receives electronic confirmation of the shipment of the Order. Delivery will take place at the delivery address indicated by the Buyer when ordering.

When carrying out the various stages of the aforementioned Order, the Buyer undertakes to comply with these contractual conditions by application of Article 1316-1 of the Civil Code.

In order for the order to be validated, the Buyer must accept, by clicking in the place indicated, these General Conditions. He will also have to choose the address and the delivery method, and finally confirm the payment method.

The Sale will be considered final:

after sending the Buyer confirmation of acceptance of the order by the seller by email;

and after receipt by the seller of the full price.

The Seller undertakes to fulfill the Order only within the limits of the available stocks of the Goods. In the absence of availability of the Goods, the Seller undertakes to inform the Buyer by email.

However, in accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Buyer regarding payment for a previous order.

In certain cases, including default of payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.

For any questions relating to the follow-up of an order, the buyer can contact the Seller by writing to contact@latabledeco.com.

Any order implies acceptance of the prices and descriptions of the products available for sale.

Any dispute on this point will take place in the context of a possible exchange and the guarantees mentioned below.

Article 6 - Electronic signature

The online provision of the Buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

as to the payability of sums due under the purchase order,

as to the signature and express acceptance of all the operations carried out.

In the event of fraudulent use of the bank card, the Buyer is invited, as soon as this use is noted, to write to contact@latabledeco.com.

Article 7 - Proof of the transaction

The computerized registers, kept in the computer systems of the Seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8 - Product information

The products governed by these general conditions are those which appear on the Seller's website and which are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.

Article 9 - Price of Goods and Services and Conditions of Validity

The Price of the Goods and Services sold on the Site is indicated respectively by article and reference or by service and by reference. At the time of Confirmation of the Order, the price to be paid is the All-Inclusive Price. Telecommunications costs inherent in accessing the Site remain the sole responsibility of the Buyer.

The period of validity of the offers and prices is determined by updating the Site. The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order.

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products. The price is payable in full cash and in a single immediate payment prior to delivery.

Article 10 - Method of payment

This is an order with an obligation to pay, which means that the placing of the order involves payment in cash from the Buyer. Payment of the All Inclusive Price by the Purchaser is made as follows: credit card, Carte Bleue, Visa and PayPal.

The transaction is immediately debited from the Buyer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Buyer.

The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form.

The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by bank card from officially accredited bodies or in the event of non-payment.

The Seller reserves the right in particular to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

The Seller has implemented an order verification procedure to ensure that no one is using another person's bank details without their knowledge.

Payments made by the Buyer will only be considered final after actual receipt of the sums due by the Seller.

Article 11 - Availability of products - Refund - Resolution

Except in cases of force majeure or during periods when the online store is closed which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below.

Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France, the seller must comply without undue delay and no later than 30 days after the conclusion of the contract.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.

The Buyer must complete these formalities successfully ssives by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

In this case, when the contract is terminated, the Seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:

the legal interest rate if the reimbursement is made no later than 10 days after the expiration of the 14-day period set out above,

5% if the delay is between 10 and 20 days,

10% if the delay is between 20 and 30 days,

20% if the delay is between 30 and 60 days,

50% between 60 and 90 days,

and an additional five points for each new month of delay up to the price of the product, then the legal interest rate.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order.

The Buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 12 - Terms of delivery

Delivery means the transfer to the Buyer of physical possession or control of the good. It is only made after confirmation of payment by the seller's bank. The products ordered are delivered according to the following methods: sending by Colissimo or Mondial Relay and shipped no later than 30 days following the order.

12.1 - Delivery method

The Buyer chooses one of the Delivery Methods offered on the Site when placing the Order. The Products are delivered to the address indicated by the Purchaser on the order form, who must ensure its accuracy. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Buyer's expense.

The Buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the Buyer is absent on the day of delivery, the delivery person will leave a transit advice note in the letterbox, which will allow the package to be collected from the location and during the period indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the Buyer must then check the condition of the items. If they have been damaged, the Buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The Buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, damaged products, etc.). This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery slip.

The Buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days of receipt of the item (s) and send a copy of this letter by fax or simple mail to the Seller at the address indicated in the mentions. legal rights of the site.

If the products need to be returned to the Seller, they must be the subject of a return request to the Seller within 7 days of delivery.

Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

12.2 - Delivery address

The Buyer chooses a Delivery address necessarily located in the Territory, under penalty of refusal of the Order. The Buyer is solely responsible for a delivery defect due to a lack of information during the Order.

12.3 - Amount of Delivery Costs

The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Buyer. In any event, the amount of the Delivery Costs is indicated to the Buyer before the Order is validated.

12.4 - Delivery times

The Delivery Times are available on the Site and may vary depending on the availability of the Goods that were the subject of the Order. The Delivery Times are understood in working days and correspond to the average preparation and delivery times of the Order in the Territory. The Delivery Times run from the date of Confirmation of the Order by the Seller.

12.5 - Delay in Delivery

In the event of late Delivery, the Order is not not canceled. The Seller informs the Buyer by email that the Delivery will be delayed in the event of delay in processing the order before shipment. In the event that the Order has not yet been shipped upon receipt by the Seller of the Buyer's cancellation notice, the Delivery is blocked and the Buyer is reimbursed for any sums debited within a period of fifteen days following receipt of the cancellation notice.

In the event that the Order has already been shipped upon receipt by the Seller of the Buyer's cancellation notice, the Buyer may still cancel the Order by refusing the package. The Seller will then reimburse the sums debited and the return costs paid by the Buyer within fifteen days of receipt of the return of the refused package, complete and in its original condition.

12.6 - Delivery follow-up

The Buyer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.

Article 13 - Transfer of risk

The property of the thing sold is transferred to the Buyer as soon as the parties agree on the thing and on the price. Consequently, the transfer of ownership of the products and the risks of loss and damage relating thereto is carried out, at the expense of the buyer, upon acceptance of the purchase order by the seller.

Article 14 - Product warranty

14.1 Legal guarantee of conformity and legal guarantee against hidden defects

Wilo and Co, whose registered office is at 83 avenue Niel, Paris 75017, guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code or the warranty against defects in the item sold within the meaning of articles 1641 and following of the Civil Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

the buyer has a period of 2 years from the delivery of the goods to act;

the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods.

In addition, it is recalled that:

the legal guarantee of conformity applies independently of the commercial guarantee indicated below;

the buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.

However, the Seller does not grant any warranty on its products if the Buyer has not complied with the conditions of optimum use and storage. It is in any case specified that the Products sold, in particular made from recycled paper of controlled origin, may exhibit variations in texture depending on the batches and arrivals.

These variations will therefore not be covered under any warranty.

Article 15 - Right of withdrawal

In accordance with the provisions of the Consumer Code, the Buyer has 14 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty. , with the exception of return costs which remain the responsibility of the Buyer.

The products must, however, be returned in their original packaging and in perfect condition within 20 days of notifying the seller of the Buyer's decision to withdraw.

The address to which the products are returned is as follows:

WILO & Co

Mrs Corinne NAHMANI

83 avenue Niel

75017 PARIS

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back. If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the delivery costs are reimbursed. Return costs are the responsibility of the Buyer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the products returned by the Buyer under the conditions provided above.

Article 16 - Force majeure

All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.

Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party.

Article 17 - Complaints

The Buyer must address any complaints to the Seller by post or electronically, stating the reference and date of the Order. Only complaints relating to the Online Sale of Items will be taken into account.

Article 18 - Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights over this content. Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

Article 19 - Data processing and Freedoms

The personal data provided by the Purchaser are necessary for processing their order and preparing invoices. They may be communicated to the Seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the website www.LaTabledeCo.com is governed by the GDPR.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website www.LaTabledeCo.com.

Article 20 - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

Article 21 - Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 22 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 23 - Modification of the Contract

Any amendment, termination or abandonment of any of the clauses of this Contract will only be valid after written and signed agreement between the Parties.

Article 24 - Independence of the Parties

Neither party can make a commitment in the name and / or on behalf of the other Party. Furthermore, each of the Parties remains solely responsible for its claims, commitments, services, products and personnel.

Article 25 - Language of the contract

These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 26 - Mediation

The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The competent mediator with regard to the activity of the company WILO & CO is the mediator of the Professional Federation of e-commerce and Distance Selling (FEVAD) whose address is as follows:

FEVAD e-commerce mediator

60 rue la Boétie

75008 PARIS

Article 27 - Applicable law

These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as for the rules of form. In the event of a dispute or claim, the Buyer will first contact the Seller to obtain an amicable solution.

APPENDIX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES

Art. L. 217-4 of the Consumer Code:

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.

Art. L. 217-5 of the Consumer Code:

The good complies with the contract:

If it is fit for the use usually expected of a similar good and, if applicable:

if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Art. L. 217-12 of the Consumer Code:

The action resulting from the lack of conformity lapses two years after delivery of the goods ", without prejudice to the last two paragraphs of Article L. 217-9".

Art. L. 217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Art. 1641 of the Civil Code:

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.

Art. 1648 of the Civil Code:

The action resulting from crippling defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.