Article 1 – Entirety
These general terms and conditions of sale (hereinafter the ” GCS“) express the entirety of the obligations of Bizign, a limited liability company with capital of 5,000 euros, headquartered at 79 RUE DE SEVRES – 92100 BOULOGNE BILLANCOURT, France, registered with the Registre du Commerce et des Sociétés under number 504 214 073, RCS Boulogne Billancourt, TVA Intracom n° FR 78 504 214 073 (hereinafter the ” Vendor“) and the customer (hereinafter the ” Customer“). The Vendor and the Customer will hereinafter be referred to individually as the ” Party ” and collectively as the ” Parties“. In this sense, the Customer is deemed to accept the GCS without reservation.
The GCS apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
They are available on the www.williwaw.eu website and will prevail, where applicable, over any other version or any other contradictory document.
The Parties agree that the GTC shall exclusively govern their relationship. The Vendor reserves the right to modify the GCS from time to time. They will be applicable as soon as they are put online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
Article 2 – Contents
The purpose of the GTCS is to define the rights and obligations of the Parties in connection with the online sale of products (hereinafter the ” Products“) offered by the Vendor to the Customer via the www.williwaw.eu website.
The GCS only apply to purchases made by customers located in France and delivered exclusively within France. For deliveries outside France, please contact contact@williwaw.fr.
These purchases concern the Products offered for sale on the www.williwaw.eu website.
The Customer declares that he has read and accepted the General Terms and Conditions before placing his order. In this respect, they are enforceable against him/her in accordance with the terms of article 1119 of the French Civil Code.
Article 3 – Pre-contractual information
3.1 – Prior to placing an order and entering into a sales contract, the Customer acknowledges having been provided, in a legible and comprehensible manner, with the General Terms and Conditions of Sale and all the information listed in article L. 221-5 of the French Consumer Code.
3.2 – The following information is provided to the customer in a clear and comprehensible manner:
– the essential characteristics of the Products;
– the price of the Products ;
– any additional freight, delivery or postage costs and any other charges;
– in the absence of immediate performance of the contract, the date or time by which the Seller undertakes to deliver the Products, regardless of price;
– information relating to the identity of the Vendor, its postal, telephone and electronic contact details, and its activities, as well as information relating to legal warranties, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of warranties and other contractual conditions.
3.3 – The Vendor provides the Customer with the following information:
– its corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and e-mail address;
– the terms of payment, delivery and performance of the sales contract, as well as the Seller’s complaint handling procedures;
– in the event of a sale, the existence and terms and conditions of the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code, and, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L. 217-15 and L. 217-17 of the French Consumer Code;
– the duration of the contract, in the case of a fixed-term contract, or the conditions of its termination in the case of an open-ended contract.
3.4 – With respect to digital content, the Vendor indicates :
– any relevant interoperability of such content with certain hardware or software of which the Professional has or ought reasonably to have knowledge.
Article 4 – Ordering
The Customer may place an order online, from the online catalog and using the form provided therein, for all Products, subject to availability.
In the event of unavailability of one or more Products ordered, the Customer will be informed by e-mail.
For the order to be validated, the customer must accept the terms and conditions of sale 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 Vendor has sent the Customer confirmation of acceptance of the order by e-mail;
– and after receipt by the Vendor of the full price.
Any order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem with the Customer’s account, the Vendor reserves the right to block the Customer’s order until the problem has been resolved.
The cancellation of the order of one or more Products and its (their) possible refunding will then be carried out, the remainder of the order remaining firm and definitive.
Any order modification requested by the Customer can only be taken into consideration by the Vendor if it is received before shipment of the Product(s).
For any question relating to the follow-up of an order, as well as for its cancellation or replacement by the customer, the latter must send a message to contact@williwaw.fr.
Article 5 – Electronic signature
The online provision of the Customer’s credit card number and the final validation of the order shall constitute proof of the Customer’s agreement:
– on the due date of the sums due under the purchase order,
– on the signature and express acceptance of all operations carried out.
In the event of fraudulent use of a bank card, the Customer is invited to contact his bank as soon as he becomes aware of such use, and to send a message to the Vendor at contact@williwaw.fr.
Article 6 – Order confirmation
As soon as payment has been accepted by the bank, the Vendor will provide the Customer with an electronic order confirmation, confirming the express commitment of the Parties. Once we have sent and you have received the order acceptance e-mail, a contract between you and Bizign is established. From then on, all we have to do is deliver the product(s) to you, which we will do as quickly as possible so that you can start enjoying the exceptional products you have purchased from the Williwaw store.
Article 7 – Proof of transaction
Computerized registers, kept in the Vendor’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 – Product information
The Products governed by the GCS are those which appear on the Vendor’s website and which are indicated as sold and dispatched by the Vendor. They are offered while stocks last.
The Products are described and presented as accurately as possible. However, the Seller cannot be held liable for any errors or omissions in this presentation.
The photographs of the Products are not contractual.
Article 9 – Prices
The Vendor reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are indicated in euros (€). They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. 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 in full must be made at the time the order is placed. At no time may the sums paid be considered as deposits or advance payments.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.
The price is payable in full in a single instalment on the day of order confirmation, by credit card.
Article 10 – Method of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
To pay for an order, the Customer may choose from any of the methods of payment (C.B. Visa or Mastercard) and bank transfer made available by the Vendor and listed on the Vendor’s website. The Customer guarantees the Vendor that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The Vendor reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the Vendor reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress. The Vendor has set up an order verification procedure designed to ensure that no one 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 Vendor at contact@williwaw.fr. The order will not be validated until the Vendor has received and verified the documents sent.
Payment must be made in cash when the order is placed, as indicated above.
Payments made by the Customer will not be considered final until the Seller has received the sums due.
Article 11 – Product availability – Refunds – Resolutions
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 website, shipping times will be as indicated below, subject to availability. Shipping times run from the order registration date indicated on the order confirmation e-mail sent to the Customer by the Vendor.
For deliveries in mainland France, the delivery time is ten (10) working days from the day the Customer places the order.
In the event of non-compliance with the agreed delivery date or delivery period, the Customer shall, before rescinding the sales contract, require the Seller to perform within a reasonable additional period.
Failing performance within this new period, the Customer may freely cancel the sales contract.
The Customer must carry out these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The sales contract will be considered terminated upon receipt by the Seller of the letter or writing informing it of such termination, unless the Seller has performed in the meantime.
The customer may, however, immediately cancel the sales contract if the dates or deadlines mentioned above constitute an essential condition of the contract.
In this case, when the sales contract is terminated, the Vendor is obliged to reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the contract was terminated.
In accordance with article L. 242-4 of the French Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
– of the legal interest rate if reimbursement is made no later than ten (10) days after the expiry of the fourteen (14) day period set out 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 points for each new month of delay, up to the price of the Product(s), then the legal interest rate.
In the event of unavailability of the Product(s) ordered, the Customer will be informed as soon as possible and will have the option of cancelling the order. The Customer will then have the choice of requesting either a refund of the sums paid within thirty (30) days of their payment, or an exchange of the Product(s).
Article 12 – Delivery terms
Delivery means the transfer to the Customer of physical possession or control of the Product(s). Delivery is made only after confirmation of payment by the Seller’s bank.
Products ordered are delivered as follows:
– delivery time for mainland France and Corsica: six (6) working days from dispatch;
– delivery method: carriers.
No deliveries are made to poste restante or post office boxes. Products are delivered to the address indicated by the Customer on the order form. The Customer must ensure that this address is correct. Any parcel returned to the Vendor because of an incorrect or incomplete delivery address will be reshipped at the Customer’s expense. The Customer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the Customer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the Customer to collect the parcel at the place and within the time 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 refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The customer must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.
This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
The Customer must then confirm these reservations to the carrier by registered mail within two (2) working days of receipt of the Product(s) at the latest, and send a copy of this letter by post to the Vendor at the address given in the site’s legal notice.
If the Products need to be returned to the Vendor, a request for their return must be made to the Vendor within fourteen (14) days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for Products in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery errors
The Customer must notify the Vendor on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the Products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.
The claim must be made by e-mail to the following address: contact@williwaw.fr.
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Vendor from any liability to the Customer.
Upon receipt of the claim, the Vendor will assign an exchange number for the Product(s) concerned and communicate it to the Customer by e-mail. Products may only be exchanged once the exchange number has been allocated.
In the event of a delivery or exchange error, any Product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, by Colissimo Recommandé, to the address communicated with the exchange number.
Return shipping costs are the responsibility of the Seller.
Article 14 – Transfer of risk
Ownership of the Product(s) sold is transferred from the Customer to the Buyer as soon as the Parties agree on the item and the price. Consequently, the transfer of ownership of the Products and of the risks of loss and deterioration relating thereto is effected, at the Customer’s expense, as soon as the order form has been accepted by the Vendor.
Article 15 – Product warranty
15.1 – Legal warranty of conformity and warranty against hidden defects
The Vendor guarantees the conformity of the Products with the sales contract, enabling the Customer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold as defined in Articles 1641 et seq. of the French Civil Code.
In the event of implementation of the legal warranty of conformity, please note that :
– the Customer has a period of two (2) years from delivery of the goods to take action;
– the Customer may choose between repairing or replacing the Product(s), subject to the cost conditions set forth in Article L. 217-17 of the French Consumer Code;
– the Customer is exempted from proving the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product(s).
It is also specified that :
– the legal warranty of conformity applies independently of the commercial warranty indicated below;
– the customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
15.2 – Commercial warranty
Some of the Products sold are also covered by a commercial warranty of five (5) years on electronics and ten (10) years on mechanics, aimed at guaranteeing their conformity and ensuring reimbursement 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 unrelated to the intrinsic qualities of the Products. Reference W01WH220E is not tropicalized and its use in tropical areas is therefore not considered normal. The foregoing stipulations are not exclusive of the application of the legal warranty of conformity under article L. 217-4 of the French Consumer Code and the warranty for defects in the thing sold under articles 1641 et seq. of the French Civil Code.
Only Williwaw products are covered by the commercial warranty.
The balloon supplied with the product is not covered by this warranty.
Article 16 – Right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer has a period of fourteen (14) working days from the date of delivery of his order, to return any Product which does not suit him and which has not been used for more than 24 hours according to the internal counter of the product. The customer may then request an exchange or refund without penalty, with the exception of the cost of return, which remains at the customer’s expense.
However, Products must be returned in their original packaging and in perfect condition within ten (10) days following notification to the Vendor of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The right of withdrawal may be exercised online, using the withdrawal form available on the www.williwaw.fr website . In this case, an acknowledgement of receipt on a durable medium will be immediately sent to the Customer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the delivery costs will be reimbursed. This reimbursement will be made within six (6) working days from the date of receipt of the Products by the Vendor.
Return shipping costs are at the Customer’s expense.
The exchange (subject to availability) or refund will be made within a maximum of fourteen (14) days from receipt by the Vendor of the Products returned by the Customer under the conditions set out above.
It is specified that no exchange can take place on Products personalized at the Customer’s request.
Article 17 – Force majeure
Any circumstances beyond the control of the Parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the Parties’ obligations and shall result in their suspension.
The Party which invokes the circumstances referred to above must immediately notify the other Party of their occurrence, as well as of their disappearance.
Force majeure” means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the Parties, which the Parties are unable to prevent, despite all reasonable efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fire, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The Parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for 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, who is the sole owner of the intellectual property rights on 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 may constitute an infringement of copyright.
In addition, the Customer agrees not to reproduce, in whole or in part, any Products purchased or viewed, under penalty of prosecution. He/she shall also refrain from transmitting to third parties any information enabling the total or partial reproduction of these Products, in which case he/she would be guilty of complicity in counterfeiting.
Article 19 – Data protection
The nominative data provided by the Customer is necessary for the processing of the order and the preparation of invoices.
They may be communicated to the Vendor’s partners responsible for the execution, processing, management and payment of orders.
Information communicated via the www.williwaw.eu website is declared and processed in accordance with the RGPD.
Customers have a permanent right of access, modification, rectification and opposition with regard to information concerning them. This right may be exercised under the terms and conditions defined on the www.williwaw.eu website.
Article 20 – Partial non-validation
If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their 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 referred to in the GCS shall not be construed as a waiver of the obligation in question for the future.
Article 22 – Language of the contract
The GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 23 – Mediation
The customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 – Applicable law
The GTC 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 should first contact the seller to obtain an amicable solution.