Article 1 – Entire Agreement
These general terms and conditions of sale (hereinafter the “T&Cs“) set forth the entirety of the obligations of Bizign, a Single Member Limited Liability Company with a capital of 5,000 euros, headquartered at 79 RUE DE SEVRES – 92100 BOULOGNE BILLANCOURT, France, registered with the Trade and Companies Register under number 504 214 073, RCS Boulogne Billancourt, Intra-community VAT no. FR 78 504 214 073 (hereinafter the “Seller“) and the customer (hereinafter the “Customer“). The Seller and the Customer shall hereinafter be referred to individually as the “Party” and collectively as the “Parties“. Accordingly, the Customer is deemed to accept these T&Cs without reservation.
These T&Cs apply to the exclusion of all other conditions, particularly those applicable to in-store sales or other distribution and marketing channels.
They are available on the website www.williwaw.eu and shall prevail over any other version or contradictory document.
The Parties agree that these T&Cs exclusively govern their relationship. The Seller reserves the right to occasionally modify the T&Cs. They shall be applicable upon being posted online.
Should any term of sale be missing, it shall be deemed to be governed by the current practices in the distance selling sector for companies headquartered in France.
Article 2 – Purpose
The purpose of these T&Cs is to define the rights and obligations of the Parties regarding the online sale of products (hereinafter the “Products“) offered by the Seller to the Customer via the website www.williwaw.eu.
These T&Cs apply only to purchases made by a Customer located in France and delivered exclusively within French territory. For all deliveries outside of France, please send a message to contact@williwaw.fr.
These purchases concern the Products offered for sale on the website www.williwaw.eu
The Customer declares that they have read and accepted the T&Cs before placing their order. In this regard, these terms are binding upon them in accordance with Article 1119 of the French Civil Code.
Article 3 – Pre-contractual Information
3.1 – The Customer acknowledges that, prior to placing their order and concluding the sales contract, they were provided with the T&Cs and all information listed in Article L. 221-5 of the French Consumer Code in a legible and understandable manner.
3.2 – The following information is provided to the Customer in a clear and understandable manner:
– the essential characteristics of the Products;
– the price of the Products;
– all additional shipping, delivery, or postage costs and any other potential fees;
– in the absence of immediate contract execution, the date or period by which the Seller undertakes to deliver the Products, regardless of the price;
– information regarding the Seller’s identity, postal, telephone, and electronic contact details, and their activities, as well as information regarding legal guarantees, the functionality of digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
3.3 – The Seller provides the Customer with the following information:
– its corporate name, the geographical address of its establishment and, if different, that of its registered office, its telephone number, and its email address;
– the methods of payment, delivery, and execution of the sales contract, as well as the procedures provided by the Seller for handling complaints;
– in the event of a sale, the existence and methods of 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 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 its termination in the case of an indefinite term contract.
3.4 – Regarding digital content, the Seller indicates:
– any relevant interoperability of this content with certain hardware or software of which the professional has or should reasonably have knowledge.
Article 4 – Ordering
The Customer may place an order online using the online catalog and the form provided, for all Products, subject to available stock.
In the event that one or more ordered Products are unavailable, the Customer will be notified by email.
To validate the order, the Customer must accept the T&Cs by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
– after the Seller sends the confirmation of order acceptance to the Customer by email;
– and after the Seller has received the full price.
Any order constitutes acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will be handled within the framework of a potential exchange and the guarantees mentioned below.
In certain cases, such as payment failure, incorrect address, or other issues with the Customer’s account, the Seller reserves the right to block the Customer’s order until the issue is resolved.
The cancellation of the order for one or more Products and their potential refund will then be processed, while the rest of the order remains firm and final.
Any modification to an order requested by the Customer can only be considered by the Seller if it is received before the shipment of the Product(s).
For any question regarding order tracking, as well as for cancellation or replacement by the Customer, the Customer must send a message to contact@williwaw.fr.
Article 5 – Electronic Signature
Providing the Customer’s credit card number online and the final validation of the order shall serve as proof of the Customer’s agreement:
– regarding the payment of the sums due under the order form,
– regarding the signature and express acceptance of all operations performed.
In the event of fraudulent use of the credit card, the Customer is advised, upon discovering such use, to contact their bank and send a message to the Seller at contact@williwaw.fr.
Article 6 – Order Confirmation
The Seller provides the Customer with an electronic order confirmation as soon as the payment has been accepted by the bank, confirming the express commitment of the Parties. Once we have sent and you have received the order acceptance email, a contract is established between you and Bizign. From that point, we simply need to deliver the product(s) to you, which we will do as quickly as possible so you can start enjoying the exceptional products you purchased from the Williwaw shop.
Article 7 – Proof of Transaction
Computerized records maintained in the Seller’s computer systems under reasonable security conditions shall be considered proof of communications, orders, and payments made between the Parties. The archiving of order forms 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 T&Cs are those appearing on the Seller’s website and indicated as sold and shipped by the Seller. They are offered subject to available stock.
Products are described and presented as accurately as possible. However, the Seller cannot be held liable for any errors or omissions that may have occurred in this presentation.
Product photographs are not contractual.
Article 9 – Pricing
The Seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros (€). They do not include delivery costs, which are billed additionally and indicated before order validation. Prices include 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 shop. Full payment of the price must be made at the time of the order. At no time shall the sums paid be considered deposits or down payments.
If one or more taxes or contributions, particularly environmental ones, are created or modified (increased or decreased), this change may be reflected in the selling price of the Products.
The price is payable in full in a single payment on the day of order confirmation by credit card.
Article 10 – Payment Method
This is an order with a payment obligation, meaning that placing the order implies payment by the buyer.
To pay for their order, the Customer may choose from all payment methods (Visa or Mastercard credit cards) and bank transfers made available by the Seller and listed on the Seller’s website. The Customer guarantees to the Seller that they have any necessary authorizations to use the payment method chosen at the time of order form validation. The Seller reserves the right to suspend any order processing and delivery in the event of payment authorization refusal by officially accredited bodies or in the event of non-payment. In particular, the Seller reserves the right to refuse delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered. The Seller has implemented an order verification procedure to ensure that no person uses another person’s bank details without their knowledge.
As part of this verification, the Customer may be asked to send a copy of an identity document and proof of address to the Seller at contact@williwaw.fr. The order will then only be validated after receipt and verification by the Seller of the documents sent.
Payment of the price is made in cash at the time of the order, as indicated above.
Payments made by the Customer will only be considered final after the sums due have been effectively collected by the Seller.
Article 11 – Product Availability – Refund – Termination
Except in cases of force majeure or during online shop closing periods, which will be clearly announced on the website’s homepage, shipping times will be, subject to available stock, those indicated below. Shipping times run from the date of order registration indicated on the order confirmation email sent to the Customer by the Seller.
For deliveries in Metropolitan France, the period is ten (10) business days from the day the Customer placed their order.
In the event of failure to respect the agreed delivery date or period, the Customer must, before terminating the sales contract, request the Seller to execute it within a reasonable additional period.
Failing execution upon expiration of this new period, the Customer may freely terminate the sales contract.
The Customer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The sales contract will be considered terminated upon receipt by the Seller of the letter or writing informing them of this termination, unless the Seller has performed their obligation in the meantime.
The Customer may, however, immediately terminate the sales contract if the dates or periods mentioned above constitute an essential condition of the contract for them.
In this case, when the sales contract is terminated, the Seller is required to refund the Customer the totality of the sums paid, no later than fourteen (14) days following the date the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not refunded the sums paid by the consumer, the sums due are automatically increased by:
– the legal interest rate if the refund occurs no later than ten (10) days after the expiration of the fourteen (14) day period stated above,
– 5% if the delay is between ten (10) and twenty (20) days,
– 10% if the delay is between twenty (20) and thirty (30) days,
– 20% if the delay is between thirty (30) and sixty (60) days,
– 50% between sixty (60) and ninety (90) days and
– an additional five percentage points per new month of delay up to the price of the Product(s), then the legal interest rate.
In the event of unavailability of the ordered Product(s), the Customer will be informed as soon as possible and will have the option to cancel their order. The Customer will then have the choice of requesting either a refund of the sums paid no later than thirty (30) days after payment, or an exchange of the Product(s).
Article 12 – Delivery Terms
Delivery is understood as the transfer to the Customer of the physical possession or control of the Product(s). It is only made after payment confirmation by the Seller’s banking institution.
Ordered products are delivered according to the following terms:
– delivery time for Metropolitan France and Corsica: six (6) business days from shipment;
– delivery method: carriers.
No deliveries are made to post office boxes. Products are delivered to the address indicated by the Customer on the order form. The Customer must ensure its accuracy. Any package returned to the Seller due to an incorrect or incomplete delivery address will be resent at the Customer’s expense. The Customer may, upon request, have an invoice sent to a billing address rather than the delivery address by selecting the option provided on the order form.
If the Customer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the location and during the period indicated.
If, at the time of delivery, the original packaging is damaged, torn, or open, the Customer must check the condition of the Products. If they have been damaged, the Customer must absolutely refuse the package and note a reservation on the delivery slip (package refused because it was open or damaged).
The Customer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly regarding the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.).
This verification is considered complete as soon as the Customer, or a person authorized by them, has signed the delivery slip.
The Customer must then confirm these reservations to the carrier by registered mail no later than two (2) business days following the receipt of the Product(s) and send a copy of this letter by regular mail to the Seller at the address indicated in the website’s legal notices.
If the Products need to be returned to the Seller, a return request must be made to the Seller within fourteen (14) days following delivery. Any claim made after this period cannot be accepted. The return of the Product(s) can only be accepted for Products in their original condition (packaging, accessories, manual, etc.).
Article 13 – Delivery Errors
The Customer must report to the Seller on the day of delivery or at the latest the first business day following delivery, any claim of delivery error and/or non-conformity of the Products in nature or quality compared to the indications on the order form. Any claim made after this period will be rejected.
The claim must be made by email to the following address: contact@williwaw.fr.
Any claim not made according to the rules defined above and within the given timeframes cannot be taken into account and will release the Seller from all liability toward the Customer.
Upon receipt of the claim, the Seller will assign an exchange number for the concerned Product(s) and communicate it by email to the Customer. The exchange of one or more Products can only take place after the assignment of the exchange number.
In the event of a delivery error or exchange, any Product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, via Colissimo Registered Mail, to the address provided with the exchange number.
Return costs are borne by the Seller.
Article 14 – Transfer of Risk
Ownership of the sold Product(s) is transferred to the Customer as soon as the Parties agree on the item and the price. Consequently, the transfer of ownership of the Products and the risks of loss and deterioration related thereto is carried out, at the Customer’s expense, upon acceptance of the order form by the Seller.
Article 15 – Product Warranty
15.1 – Legal Warranty of Conformity and Legal Warranty Against Hidden Defects
The Seller guarantees the conformity of the Products with the sales contract, allowing the Customer to make a request under the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the warranty against defects of the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the event of the application of the legal warranty of conformity, please note that:
– the Customer has a period of two (2) years from the delivery of the good to take action;
– the Customer may choose between the repair or replacement of the Product(s), subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
– the Customer is exempt from proving the existence of the non-conformity of the good during the six (6) months following the delivery of the Product(s).
Furthermore, it is specified that:
– the legal warranty of conformity applies independently of the commercial warranty indicated below;
– the Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between the termination of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
15.2 – Commercial Warranty
Some of the Products sold are also covered by a commercial warranty of six (6) years for electronics and ten (10) years for mechanics, aimed at guaranteeing their conformity and ensuring the refund of the purchase price, replacement, or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the Products. Reference W01WH220E is not tropicalized and its use in tropical zones is therefore not considered normal. The preceding stipulations are not exclusive to the application of the legal warranty of conformity of Article L. 217-4 of the Consumer Code and the warranty for defects of the item sold under Articles 1641 et seq. of the Civil Code.
Only Products branded Williwaw are covered by the commercial warranty.
The balloon provided with the product is not covered by this commercial warranty.
Article 16 – Right of Withdrawal
In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) days to exercise their right of withdrawal starting from the receipt of the Product by themselves or by a third party designated by them, other than the carrier.
To exercise their right of withdrawal, the Customer must notify the Seller of their decision to withdraw by means of an unambiguous statement:
- via the online withdrawal feature, accessible at the following address: https://www.williwaw.eu/en/droit-de-retractation/;
- by email to contact@williwaw.fr;
- or by mail to the Seller’s address indicated in these T&Cs.
When the Customer uses the online withdrawal feature, they can complete and confirm their request directly from the Site. An acknowledgment of receipt is sent to them on a durable medium, mentioning in particular the content of their request as well as the date and time of sending.
The Customer may also use the model withdrawal form appearing, where applicable, on the Site.
In the event of the exercise of the right of withdrawal within the aforementioned period, the Seller will refund the Customer all payments received from them, including standard delivery costs, without undue delay and, in any case, no later than fourteen (14) days from the day the Seller is informed of the Customer’s decision to withdraw.
The Seller will proceed with the refund using the same means of payment as used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any case, this refund will not incur any costs for the Customer.
The Seller may defer the refund until receipt of the returned Product or until the Customer has provided proof of shipment of the Product, the date retained being the first of these events.
The Customer must send back or return the Product to the Seller without undue delay and, in any case, no later than fourteen (14) days after communicating their decision to withdraw. This deadline is deemed met if the Customer sends back the Product before the expiration of the fourteen (14) day period.
Return costs are borne by the Customer.
The Product must be returned complete, in its original packaging where possible, accompanied by its accessories, manuals, and provided elements, and in a condition allowing its resale.
The Customer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning. The internal counter data of the Product may, where applicable, be taken into account to assess the usage of the Product.
Damaged, soiled, incomplete Products or those returned in a condition that does not allow their resale may be subject to a deduction corresponding to their depreciation.
Article 17 – Force Majeure
All circumstances independent of the will of the Parties preventing the execution of their obligations under normal conditions are considered as causes for exemption from the obligations of the Parties and result in their suspension.
The Party invoking the circumstances mentioned above must immediately notify the other Party of their occurrence, as well as their disappearance.
Force majeure events shall be considered all irresistible facts or circumstances, external to the Parties, unforeseeable, unavoidable, independent of the will of the Parties, and which cannot be prevented by them despite all reasonably possible efforts. Expressly, the following are considered force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties inherent to telecommunications networks external to the customers.
The Parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be pursued. If the force majeure event lasts more than three (3) months, the order may be terminated by the aggrieved Party.
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 to this content.
The Customer and, more generally, all persons visiting the website undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.
Furthermore, the Customer is prohibited, under penalty of prosecution, from reproducing in whole or in part the Products they have purchased or seen. They are also prohibited from transmitting to third parties information allowing the total or partial reproduction of these Products, in which case they would be guilty of complicity in infringement.
Article 19 – Data Protection and Privacy
The personal data provided by the Customer are necessary for the processing of their order and the issuance of invoices.
They may be communicated to the Seller’s partners responsible for the execution, processing, management, and payment of orders.
The information communicated via the website www.williwaw.eu is declared and processed in accordance with the GDPR.
The Customer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the methods defined on the website www.williwaw.eu.
Article 20 – Partial Invalidity
If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent jurisdiction, the other provisions shall retain their full force and scope.
Article 21 – Non-waiver
The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations mentioned in the T&Cs shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 – Language of the Contract
The T&Cs are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 – Mediation
The Customer may resort to conventional mediation, in particular through the Consumer Mediation Commission or through existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Article 24 – Applicable Law
The T&Cs are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.