0. PRELIMINARY NOTIONS These general conditions of sale (hereinafter the "GTC") apply to any purchase made on the site www.wallaby-store.com (hereinafter the "SITE") owned by SAS WALLABY STORE (hereinafter the "SELLER"), registered in the trade and companies register of CAHORS under the number,
Any purchase made from SAS WALLABY STORE implies on the part of the buyer the unconditional acceptance of these T & Cs.
It is the buyer's responsibility to take cognizance of these conditions before any purchase on the site.
By validating his purchases, the "CUSTOMER" expressly acknowledges the acceptance of these GTC
Meaning of terms used:
To be able to buy a PRODUCT, the CUSTOMER must be of legal age and have legal capacity. If he is a minor, he must be able to justify the agreement of his legal representatives. When placing an order, the CUSTOMER must provide complete delivery information to the SELLER.
The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The CUSTOMER will be asked to provide information enabling him to be identified by completing the form submitted to him on the SITE. The sign (*) indicates the compulsory fields which must be filled in so that the CUSTOMER's order can be taken over by the SELLER.
The follow-up of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the sales department of the SELLER at least 24 hours after his order by e-mail, at the address: sav@wallaby-store.com, in order to obtain information on the status of his 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 expressly stated otherwise 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 in competition.
4. Order process
Orders for PRODUCTS are placed directly and exclusively on the SITE.
To place an order, the CUSTOMER must follow the steps indicated on the SITE and set out below:
1. Selection of PRODUCTS
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to his basket as he wishes.
2. Order
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order corresponds to his expectations. He can change it.
The CUSTOMER will then be invited to identify himself or to register.Once the CUSTOMER has validated the contents of the basket and has identified / registered, an automatically completed online form will be displayed to him summarizing the prices, products, quantities, applicable taxes and delivery costs The CUSTOMER is invited to re-check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means payment and price) before validating its content. The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of PRODUCTS.
The CUSTOMER selects the chosen payment method in order 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 email, provided that the email address provided through the registration form is correct. The SELLER does not send any order confirmation by post or fax During the ordering process, the CUSTOMER must enter the information required for invoicing, the mandatory fields will be The CUSTOMER's order cannot be processed by the SELLER if the materialized by the sign (*)
Mandatory fields have not been completed. The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
4 Order date
The date of the order is the date of receipt of the order online. The deadlines indicated on the SITE begin to run from this date.
5 Prices
The prices are displayed on the SITE in euros all taxes included.
The applicable delivery costs depend on the weight of the package, the DELIVERY address and the chosen mode of transport). Prices include value added tax (VAT) at the rate in effect on the date of the order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
Prices are subject to change. The prices indicated on the SITE may change. They can also be modified in the event of offers or special sales. The prices indicated are valid, except error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
The Products are offered within the limits of available stocks.
Exceptionally, it may happen that the product is no longer available, temporarily, after validation of the order. In this case, the SELLER will inform the Customer by e-mail, as soon as possible, to indicate to him the times of availability. The Customer will then have the choice of maintaining his order and of waiting until delivery, or of requesting its cancellation. In the event of cancellation, the Customer will be immediately refunded.
The terms of the right of withdrawal are provided for in the “withdrawal policy”, a policy available in Annex 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
8.1. Payment methods accepted
The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means offered by the SELLER. The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the chosen means 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. As such, it is specified that all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
8.2 .. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS order is placed on the SITE. In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. . If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
8.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment. opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER would prove impossible, the order will be canceled and the sale automatically terminated.
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CUSTOMER. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
The SELLER remains the owner of the PRODUCTS until their full payment by the CUSTOMER. The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier. , the risk of loss or damage to the PRODUCTS covered by the retention of title, as well as the risk of damage they may cause.
The methods of DELIVERY of PRODUCTS are provided for in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
The items sold are shipped in accordance with the transport standards in force, in the event of a product return, the customer is required to comply with the same standards. In this regard, both during shipment and a possible return, the goods travel at the sole risk of the customer. PRODUCTS under the conditions set out in Annex 1 'Withdrawal policy.
13.1. Guarantee of conformity
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in accordance 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 this has been charged to it by the contract or has been carried out under its responsibility. »Article L.211-5 of the Consumer Code: To be in conformity with the contract, the good must: 1 ° Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. The SELLER is required to deliver a compliant PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertisements and on labeling In this context, the SELLER is likely to respond to existing lack of conformity. during delivery and from lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it or has been carried out under its responsibility. is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code) In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option. By the CUSTOMER In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following delivery of the goods.It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, the where applicable, on the PRODUCTS.
13.2. Guarantee of hidden defects
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it, or would not have given it. than a lower price, if he had known them. (Article 1641 of the Civil Code) This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned. In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER.
The action resulting from crippling defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
The SELLER cannot in any case be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order. The SELLER cannot be held responsible, or considered as having failed. herein, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals. It is also specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can 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 the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. The CUSTOMER's data is kept confidential by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS can 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.The data may be communicated, in whole or in part, to the only providers ires of the SELLER's services necessarily involved in the ordering process.
The SELLER undertakes never to transfer or assign to any commercial partners or advertisers the names and contact details of his CUSTOMERS. In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms , the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete his personal data. He can exercise this right by sending an email to the address: info@wallaby-store.com It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
The SELLER provides the CUSTOMER with a "Customer telephone service" at the following number: 33 636224354. Any written complaint from the CUSTOMER must be sent by registered letter AR to the following address: SAS WALLABY STORE - LE BOURG 46360 CRAS
All information, texts, images and photographs on the site are the exclusive property of the seller and may under no circumstances be used for any purpose whatsoever. Article 18. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions. All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.
The General Conditions can be modified and updated by the SELLER at any time.
Any modification entails the invalidity of the previous version from the date of modification. However, they will not affect the transactions previously carried out which will remain governed by the GTC in force at the time of purchase.
These T & Cs are governed by French law and in the event of a dispute, only the Court of Cahors will be competent.
Principle of withdrawal The CUSTOMER has the right to return or return 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 CUSTOMER, or a third party designated by him, takes possession of the PRODUCT.
Notification of the right of withdrawal To exercise his right of withdrawal, the CUSTOMER must notify SAS WALLABY STORE - 46360 CRAS or sav@wallaby-store.com of his decision. He can use the form below:
WITHDRAWAL FORM
For the attention of SAS WALLABY STORE - Le Bourg - 46360 CRASsav@wallaby-store.com
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below: PRODUCT Reference:
Invoice number:
- Ordered on [____________] / received on [________________]
- Method of payment used: - Name of CUSTOMER: - Address of CUSTOMER: - Delivery address: - Signature of CUSTOMER (except in the case of transmission by email) - 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 expiry of the withdrawal period by email or registered letter. CUSTOMER, the SELLER undertakes to reimburse all sums paid, without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CLIENT's desire to The SELLER will refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees on a different means, in any case, this refund will not result in cost to the customer. The SELLER may defer the reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date selected being that of the first of these facts. excessive and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to
WALLABY-STORE - 46360 - CRAS This deadline is deemed to have been met if the CUSTOMER returns the item before the expiration of the fourteen day period. Return costs The CLIENT must bear the direct costs of returning the item. State of the returned item The PRODUCT must be returned with all its accessories.
It must not contain any trace of use other than those necessary to establish the nature, characteristics and proper functioning of the PRODUCT and must be in its original packaging, not degraded.
Article 22. Delivery Zone The PRODUCTS offered can only be delivered in the TERRITORY. It is impossible to place an order for any delivery address located outside this TERRITORY. The PRODUCTS are shipped to the delivery address (es) that the CUSTOMER will have indicated during the ordering process. Methods of transport and DELIVERY Unless out of stock, orders are delivered 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 since payment and travel under the exclusive responsibility of the CUSTOMER, it is up to him to check in the presence of the deliveryman the good condition of the delivered products (and not just the outer packaging). Damaged products must be refused and the reasons for refusal clearly stated on the carrier's delivery note (description of the damage and degradation observed).
No recourse may be taken by the CUSTOMER against the SELLER or the CARRIER concerning any products received and accepted without having carried out the necessary verifications and without having formulated written reservations at the time of delivery.