General conditions of sale

These General Conditions of Sale are applicable in the event of the sale of products by a professional seller to a consumer. The sale is defined by article 1582 of the Civil Code as an agreement by which one undertakes to deliver a thing, and the other to pay for it.

These General Conditions incorporate the provisions of Ordinance No. 2016-301 of March 14, 2016 relating to the legislative part of the Consumer Code.

As a reminder, the aforementioned order means by consumer, any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity.

It means by Professional, any natural or legal person, public or private, who acts for purposes falling within the framework of his commercial, industrial, artisanal, liberal or agricultural activity, including when he acts in the name or on behalf of another professional.

The non-professional, for his part, is defined as any legal person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity.

Article 1 – definitions

Client

Non-professional buyer who purchases Products from the Seller.

Non-professional buyer means, on the one hand, the consumer, namely any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity and, on the other hand, the non-professional, namely any legal entity which acts for purposes which do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity.

Seller

Sales professional who offers Customers Products for sale.

Within the framework of these general conditions of sale, the Seller designates the individual company OWAÏ, registered with the RCS of TOULOUSE under the number 389 512 096 RCS Toulouse on October 27, 2020 and domiciled at 13 rue Sainte Ursule 31000 Toulouse.

Order

Document used by the Customer to purchase Products.

It specifies in particular the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the delivery terms of the Products, the date or deadlines for delivery of the Products.

The Seller has 24 hours to accept the Order and return a copy to the Customer.

Products

All Products offered for sale by the Seller appearing in the Seller's catalogs.

These catalogs describe the Products, present their characteristics and determine the corresponding prices. These Products comply with the regulations in force in France and have performances compatible with Customer uses.

Article 2 – Pre-contractual information communicated to the customer

The Customer acknowledges having been informed, prior to any purchase of a Product, in a readable and understandable manner, of these General Conditions of Sale and all legal information, in particular information relating to:

The essential characteristics of the Products, The price of the Products and related costs, The date or deadline by which the Seller undertakes to deliver the Product, Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and its activities, if they do not emerge from the context, The company name of the Seller, the geographical address of its establishment and, if different, that of the head office, its telephone number and its email address, The terms of payment, delivery and execution of the Products, as well as the terms provided by the Seller for the processing of complaints, Information relating to legal and contractual guarantees and their terms of implementation, The possibility of resorting to conventional mediation in the event of a dispute under the conditions provided for by the Consumer Code.

Article 3 – Purpose

The purpose of these General Conditions of Sale is to define the conditions under which the Seller provides the Products to the Customer. They apply, without restriction or reservation, to all purchases of Products made by the Customer.

We recall the provisions of article L 212-1 of the Consumer Code which provides:

“In contracts concluded between professionals and consumers, clauses are unfair which have the object or effect of creating, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract.

The abusive nature of a clause is assessed by referring, at the time of the conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed with regard to those contained in another contract when the two contracts are legally linked in their conclusion or their execution.

The assessment of the unfair nature of the clauses within the meaning of the first paragraph relates neither to the definition of the main object of the contract, nor to the adequacy of the price or remuneration for the good sold or the service offered provided that the clauses are written in a clear and understandable manner. »

From their acceptance by the Customer, the General Conditions apply to all Products purchased by the Customer, to the exclusion of any other document.

Consequently, these General Conditions replace and cancel all declarations, prior negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements entered into between the Seller and the Customer.

The Customer declares to have accepted these General Conditions in their entirety before any Product purchase.

We recall article L.114-1 of the Consumer Code according to which:

“The general conditions invoked by one party have no effect with regard to the other unless they have been brought to the attention of the latter and if it has accepted them.

In the event of discrepancy between the general conditions invoked by either party, the incompatible clauses shall have no effect.”

These General Conditions of Sale have a duration of 10 years (TEN YEARS) from their acceptance by the Customer.

They may be subject to subsequent modifications, in particular to take into account legislative and regulatory developments, the version applicable to the purchase of Products by the Customer being that in force on the date of acceptance of the Order by the Seller in the conditions set out below.

Article 4 – Product purchasing process via orders

The Customer purchases the Products by issuing Orders.

These orders are issued via the website “owai.fr”

They will be sent by the Customer to the Seller as and when the Customer's needs arise.

The sales contract will only be considered final after acceptance of the Order by the Seller and return of a copy of the Order to the Customer and after receipt by the Seller of the full price of the Products.

The General Conditions of Sale and the Orders form an indivisible whole.

In any event, the General Conditions of Sale cannot constitute an order or impose on the Customer an obligation to order Products.

Article 5 – Product prices

The Seller undertakes to respect all regulations applicable to consumers and commercial practices.

Prices are expressed on the product sheets in Euros and net (VAT not applicable, article 293B of the general tax code) and in the purchase tunnel and the invoice in Euros net (VAT not applicable, article 293B of the general tax code )

These prices are firm and cannot be revised during their period of validity, as indicated in the Product catalog.

The Customer may benefit from discounts and rebates appearing in the aforementioned Product catalog depending on the number of Products purchased.

Article 6 – Condition of payment for products

The Products are payable in cash upon placing the Order.

Payment for purchases is made using a payment card or via a Paypal account.

Payment cards accepted are: CB, VISA and MASTERCARD via the STRIPE system.

The STRIPE payment system used makes online payments secure through a process of encryption of banking data.

By using the STRIPE system offered by the Seller, the Customer expressly acknowledges that the communication of his bank card number constitutes authorization to debit his account up to the price of the Products ordered.

It is expressly indicated that the financial data communicated by the Customer using the STRIPE system does not pass through the Seller's computer system.

In order to facilitate the process of future Orders, the Customer is offered a system for saving their banking data.

In the event of an agreement expressly communicated by the Customer to this effect, the banking data are kept on the STRIPE company server in encrypted form only and are only kept for the period strictly necessary for the management of the customer relationship. .

Saving the Customer's banking information is not mandatory to order on the Site.

Payment information is transmitted according to the highest security standards, using the Secure Socket Layer protocol system.

The STRIPE system systematically checks the security of the Customer's connection before sending the payment form to the banking institution carrying out the transaction.

The STRIPE company which owns the STRIPE system is a technical service provider.

Consequently, the company STRIPE does not take charge of disputes linked to Orders, the latter being processed by the Seller, in accordance with these General Conditions of Sale.

The Seller will not be required to deliver the products ordered by the Customer if the price has not previously been paid in full.

No discount will be applied by the Seller for payment before shipment of the ordered products.

In the event of non-payment by the Customer of all or part of the price of the Order, the Seller reserves, until full payment, a right of ownership over the products sold, allowing it to regain possession of said products.

Article 7 – Delivery of products

The Seller undertakes to ensure that the Products delivered comply in all respects with the Order, the rules of the art, legal and regulatory obligations and French and European standards in force.

Furthermore, the Seller is responsible for any lack of conformity existing at the time of delivery of the Product.

Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

Packaging, loading and packing for transport of the Products as well as unloading at the delivery location, other than that defined by the Seller, will be carried out by the Customer at its expense and under its responsibility.

The Seller is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility or has been carried out under his responsibility.

The Seller will deliver the Products to the Customer according to the terms defined in the corresponding Orders and on the date or within the period appearing in the said Orders.

DELIVERY PART

2 delivery methods are available, at the following prices:

Dry hot water bottles:

Tracked mail - €5 net (VAT not applicable, article 293B of the general tax code)

All other products:

Colissimo without signature – €5 net (VAT not applicable, article 293B of the general tax code)

In the event of non-compliance of the Products with the rules of the art or with the Order, the Customer may ask the Seller, by email, to re-deliver the Products in accordance with the provisions appearing in the Order within a reasonable time.

The transfer of ownership of the Products to the Customer will occur upon full payment of the price by the Customer and the transfer of risks of loss and deterioration will occur upon delivery of the Products.

Article 8 – Legal guarantees on products

The Customer acknowledges having been informed, even before the issuance of any Order and declares that he is fully aware of the legal guarantees, from which he benefits automatically and without additional payment on the Products, namely:

The legal guarantee of conformity provided for by the Consumer Code for Products that are apparently defective, damaged or damaged or do not correspond to the Order and making it possible to obtain, within two years of delivery of the Product, free of charge, repair or replacement. replacement of the Product. The legal guarantee against hidden defects provided for by the Civil Code, resulting from a material, design or manufacturing defect affecting the Product delivered and rendering it unfit for use, under which the Customer may request , within two years from the discovery of the defect, the total or partial reimbursement of the Product which turned out to be unfit for its use.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the deadlines referred to above and return the defective Products in the condition in which they were received with all elements, including accessories, packaging, and instructions.

The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective. In the event of delivery, shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible following the Seller's discovery of the lack of conformity or hidden defect.

The Seller's liability cannot be incurred in the event of misuse of the Product, use not in accordance with the instructions for use communicated where applicable by the Seller, use for professional purposes, negligence or lack of maintenance of the Product. on the part of the Customer, as in the event of normal wear and tear of the Product or failure in the event of an accident.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Any request relating to the Products must be made to the address appearing in article 15 (Election of domicile).

Article 9 – Intellectual property and counterfeit guarantee

The Seller obtains all intellectual property rights and all necessary authorizations relating to the Products and the associated documentation and guarantees that the Products and the associated documentation do not constitute an infringement of the intellectual property rights or any other rights belonging to any third party .

The sale of the Products does not confer any rights to the Customer over the brands or distinctive signs affixed by the Seller to the Products and the associated documentation.

Furthermore, the Seller remains the owner of all intellectual property rights, in particular, on the photographs, presentations, studies, drawings, models, prototypes produced as part of the supply of the Products.

Consequently, the Customer refrains from any reproduction or exploitation, in particular of said photographs, presentations, studies, drawings, models and prototypes, without the express, written and prior authorization of the Seller.

Article 10 – Assurance

The Seller declares that it holds an insurance policy guaranteeing the financial consequences of its tort or contractual liability likely to be incurred in the context of the sale of the Products.

Article 11 – Compliance with the General Data Protection Regulation

In accordance with the new legislation in force and in particular the General Data Protection Regulations, the Seller undertakes to protect the privacy of Customers using its website and to ensure the security and confidentiality of the personal data of its Customers, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or from unauthorized third parties having access to it.

The Seller acts as responsible for the processing of personal data and the free movement of this data.

Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, are involved in data processing.

All information collected is only used within the framework of the Customer's commercial relationship with the Seller and is never shared with third parties or resold.

Customers' personal data is collected for the following purposes:

Management and processing of Orders (order, delivery, invoicing, order tracking, returns and refunds, etc.) Management of relationships with Customers Strengthening and improving communication on the Seller's Website by sending, in particular, newsletters and special offers based on the Customer's preferences noted on the SiteThe improvement and personalization of the services and offers offered to the Customer

In accordance with the GDPR, the Customer has a right of access, rectification and opposition to personal data concerning him under the conditions provided for by the law and regulations in force.

To exercise one or more of the aforementioned rights, the Customer must send a request by mail to the Seller's customer service.

Each request must be accompanied by a photocopy of an identity document bearing the Client's signature and specify the response address.

The Customer accepts that the Seller sends him information relating to the Products and commercial offers by email or SMS subject to prior acceptance.

The Customer has the right at any time to object to these commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link in each email, by replying STOP by SMS or by making a request to Customer Service. .

When consulting the Site, information relating to terminal navigation may be recorded in “Cookies” files.

The Seller issues these cookies in order to facilitate the Customer's navigation on the Site.

They can also be issued by the Seller's partners in order to personalize the advertising offer sent outside the Site.

These cookies are only installed after acceptance by the Customer, continued navigation on the website constitutes acceptance.

The Customer may oppose the use of these cookies by configuring his browser or by modifying the authorizations given via the cookie management link present in the footer of each of the Seller's sites, knowing that access to certain Services may require prior acceptance of cookies.

Article 12 – Right of withdrawal

The Customer has a period of 14 (FOURTEEN) days to exercise his right of withdrawal and make a return request for the Product(s) he ordered.

The withdrawal period runs from the date of delivery of the Products to the delivery address indicated by the Customer, and in the event of the latter's absence, from the date of first presentation of the package containing the Products.

The Customer then has a period of 16 (SIXTEEN) days to return their package, by post, by carrier or at a Collection Point to the following address indicated in article 15 of these general conditions of sale.

Returns are free for the Customer, provided that they return to the Seller the delivery slip issued by the latter's Customer Service.

Any return made by the Customer without use of the delivery slip issued by the Seller will be entirely at his expense.

The product(s) must be returned in their original packaging, in perfect condition for resale and accompanied by the invoice.

In the event of damage to the packaging or product, the Seller may refuse the return, replacement or refund.

Any refund is excluded in the event that the product is returned damaged, already worn, or already washed.

As recalled in article 9 of these general conditions of sale, customizable Products are expressly excluded from the right of withdrawal, under article L.121-21-8 of the Consumer Code.

Article 13 – Applicable law

The contractual relations between the Customer and the Seller are governed by French law.

Any difficulty arising from the execution, interpretation or termination of these General Conditions of Sale and the Orders resulting therefrom, or more generally from the commercial relationship between the Seller and the Customer, not resolved amicably, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he has the option of resorting to conventional mediation, in particular under the aegis of the Commission for the Evaluation and Control of Consumer Mediation, under the conditions provided for in the Consumer Code.

Article 14 – Election of domicile

For the purposes hereof, the Seller elects domicile at the following address:

Company OWAÏ / YUWA

160 avenue de Grande Bretagne

31300 Toulouse

Article 15 – Contractual documents

The contractual relations between the Client and the Company are governed by the following documents, classified in the following ascending hierarchical order:

The General Conditions of Sale and their possible annexes (including the Order model)Orders

Under the provisions of article 1119 of the Civil Code:

“In the event of a discrepancy between general conditions and specific conditions, the latter prevail over the former.”