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GENERAL CONDITIONS OF SALE IRREVERSIBLE
General Terms and Conditions – Individuals – Edition as of 09/30/2021
Head office:
WOODYS CAMP
124 Rue François Daumas
34090 MONTPELLIER
Montpellier 792260218
Last updated on: 09/30/2021
It is previously specified that these conditions exclusively govern sales, by Woody's Camp – Robin EVRARD (Head office: 124 Rue François Daumas 34090 MONTPELLIER Montpellier B 835 404 880) of childcare and well-being products, standard and customizable. These conditions apply to the exclusion of all other conditions, in particular those in force for sales to professional reseller customers.
Professional customers therefore do not benefit from the clauses of these general conditions stipulated exclusively for consumer customers. (Cf. General Conditions of Sale for Professional Customers)
ARTICLE 1 - PRICE
1.1 - The prices of our products are indicated in euros, all taxes included, excluding taxes and all French taxes included, excluding delivery, packaging and insurance costs.
1.2 - In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of WOODY'S CAMP. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/or organizations in your country. We advise you to inquire about these aspects with your local authorities.
1.3 – WOODY'S CAMP reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in effect at the time of your order validation.
1.4 - The products remain the property of WOODY'S CAMP until full payment of the price. We remind you that at the time you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.
ARTICLE 2 - ORDER
You can only order by:
The contractual information is presented in French and will be the subject of a confirmation repeating this contractual information at the latest at the time of your order validation.
ARTICLE 3 – VALIDATION OF YOUR ORDER
You declare that you have read and accepted these General Conditions of Sale before placing your order. Validation of your order therefore constitutes acceptance of these General Conditions of Sale.
A summary of your order information and the General Conditions of Sale will be sent to you by email when your order is confirmed.
By accepting these conditions, you agree that your invoice will be made available to you electronically in your customer area.
ARTICLE 4 - AVAILABILITY
Our product offers are valid as long as they are visible on the site, within the limit of available stocks excluding promotional operations mentioned as such on the sites. In the event of unavailability of a product after placing your order, we will inform you by email. Your order will be partially or fully refunded depending on product availability, as soon as the information is communicated by email.
ARTICLE 5 - DELIVERY
5.1 - General
The products are delivered to the delivery address you indicated during the ordering process.
The delivery time corresponds
In the event of delivery by a carrier requiring an appointment with the customer, the latter will contact you as soon as possible to arrange a delivery appointment with you, 30 days at the latest from the date of your order validation. WOODY'S CAMP cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals by the carrier.
When you order several products at the same time and they have different delivery times, the delivery time of the order is based on the most distant time. However, WOODY'S CAMP reserves the right to split the shipments. The participation in the processing and shipping costs will only be charged for a single shipment.
In the event of a shipping delay, an email will be sent to you to inform you of any possible impact on the delivery time indicated to you. In the event of a delivery delay, we will offer you a new delivery time by email.
In any event, in accordance with the legal provisions, in the event of a delay in delivery, you have the option of terminating the contract under the terms and conditions set out in Article L 216-2 of the Consumer Code. In this case, if you have received the product, after your cancellation, we will refund the product and the "outbound" costs under the conditions of Article L 216-3 of the Consumer Code.
We also invite you to regularly check your order tracking and to contact Customer Service for any questions or in the event of a problem. We provide you with the number of our telephone switchboard indicated in the "CONTACT" section in the order confirmation email that you will receive after validation of your order, and accessible in your "My Account" page; to do this, simply identify yourself using your email address and password.
We remind you that at the moment you (or a third party designated by you) take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.
5.2 - Reservations
You must notify the carrier and WOODY'S CAMP of any reservations about the product delivered (for example: damaged package, already opened, etc.).
ARTICLE 6 - PAYMENT
We remind you that validating your order implies your obligation to pay the price indicated. Payment for your purchases can be made using the payment methods accepted by WOODY'S CAMP by BANK CARD and PAYPAL via the internet when validating your order. The price of the order is debited before shipping and is subject to collection. Please note that we do not record credit card numbers.
Cards issued by banks domiciled outside France must be international bank cards.
Prices are payable in full in cash unless otherwise indicated in the order confirmation.
No discount is granted for cash payment.
Payments made are never considered as a deposit allowing you to withdraw your consent by abandoning all or part of the sale price.
ARTICLE 7 - SECURITY
Thanks to the secure SSL (Secure Socket Layer) system, you can transmit in an encrypted and secure manner the type of card (Carte Bleue, Visa, Eurocard, Mastercard), the bank card number, the expiry date, the name of the cardholder (name appearing as is on the bank card), and the 3-digit number indicated on the back of the card. The communication of this information constitutes authorization to debit the full price of the order.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1 – Legal period for the right of withdrawal
In accordance with the legal provisions in force, you have a period of 14 days from receipt of your products to exercise your right of withdrawal without having to provide reasons or pay a penalty. After communicating your decision to exercise your right of withdrawal within this 14-day period, you have another period of 14 days to return the product(s) concerned by the withdrawal.
8.2 - Conditions for exercising the right of withdrawal
In the event of exercising the right of withdrawal, only the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining your responsibility.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their resale in new condition, and, if possible, accompanied by a copy of the purchase invoice for optimized management. In the event of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, you may be held liable.
To exercise your right of withdrawal, in accordance with the legal provisions, you will find attached in Appendix 2 the standard withdrawal form to send to us at the following address: WOODY'S CAMP Customer Service – 124 Rue François Daumas – 34090 MONTPELLIER. You can exercise your right of withdrawal by any means, in particular by post or an email expressing your wish to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal.
Once the withdrawal form or declaration (Annex 2) has been sent to WOODY'S CAMP no later than 14 days after receipt of your order, you must return the product(s) concerned to WOODY'S CAMP within a reasonable time and, at the latest, within 14 days from sending the withdrawal form or declaration to WOODY'S CAMP.
Alternatively to cancelling the sale when exercising the right of withdrawal, the Company agrees to negotiate with you the possibility of exchanging the product you ordered for a different product (if you change your mind about the subject of your order, etc.). You are invited to contact the Company via your account in order to undertake this negotiation, the company not being obliged to accept this exchange, in particular until the delivered product is returned to it.
8.3 - Products excluded from the right of withdrawal
In accordance with Article L 221.28, products made according to the specifications of the consumer customer or clearly personalized do not give rise to the right of withdrawal. The right of withdrawal is therefore excluded in particular for pacifiers and personalized baby on board stickers.
WOODY'S CAMP does not take back all products used for hygiene purposes, a product mistreated during use (e.g.: Kitchen utensil or accessories)
8.4 - Reimbursement
In the event of exercising the right of withdrawal, WOODY'S CAMP will reimburse the sums paid (including delivery costs) no later than 14 days from the date on which WOODY'S CAMP is informed of your decision to withdraw and using the same means of payment as that used for the order (except your express agreement for a reimbursement using another means of payment). This reimbursement date may be deferred until recovery of the product or until you have provided proof of shipment of the product, the date retained being that of the first of these facts. WOODY'S CAMP is not required to reimburse you for the additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method offered on fnac.com.
It is however specified, in the event of a total or partial payment by GIFT VOUCHER, that it cannot be reimbursed in cash, by check or by credit card. The reimbursement of purchases made by the GIFT VOUCHER will be made exclusively in the form of a new WOODY'S CAMP GIFT VOUCHER for an amount identical to that paid in this form.
No cash on delivery shipments will be accepted for any reason.
ARTICLE 9 - GUARANTEES
Legal guarantees
In accordance with our legal obligations, WOODY'S CAMP is liable for any defects in conformity appearing on your product for 2 years from its purchase.
It is recalled that within the framework of the legal guarantee of conformity, the consumer:
- has a period of two years from delivery of the goods to take action against the seller;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during this period.
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
This guarantee allows you to obtain free repair of your product or its exchange, subject to the cost conditions provided for by law. Failing this, if the repair or exchange is impossible or could not be implemented within the month following its receipt, WOODY'S CAMP will reimburse you the price of your product.
To activate this guarantee, the products must be returned to us in the condition in which you received them with all the elements (accessories, instructions, etc.), as well as a copy of the purchase invoice. Products returned by post must be in packaging that allows transport in good conditions. In this case, the cost of returning the product will be reimbursed to you on the basis of the price charged and upon presentation of supporting documents.
You can also implement the warranty against hidden defects within two years from the discovery of the defect. It will then be up to you to prove in particular that the defect existed at the time of purchase, that it was hidden and that it renders the product unusable. The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 8.
ARTICLE 10 – CUSTOMER SERVICE
For any information or questions, our customer service is available by the means below:
Monday to Friday from 8:30 a.m. to 5:30 p.m.
You are informed that as part of the customer service activity your data is accessible by subcontractors, acting on behalf of WOODY'S CAMP, located in countries outside the European Union. WOODY'S CAMP implements all procedures required to obtain the necessary guarantees to secure such transfers. More information on the processing of your data in the Personal data section.
ARTICLE 11 – INTELLECTUAL PROPERTY
11.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the WOODY'S CAMP website are strictly reserved under copyright and intellectual property law and for the entire world. As such and in accordance with the provisions of the intellectual property code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is authorized. Any total or partial reproduction or representation of the WOODY'S CAMP website (tente-de-toit.shop) or of all or part of the elements found on the WOODY'S CAMP website is strictly prohibited.
11.2 - The company names, trademarks and distinctive signs reproduced on the WOODY'S CAMP website are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
ARTICLE 12 - RESPONSIBILITY
The products offered comply with current French legislation. WOODY'S CAMP cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example, in the event of a ban on a title or product). It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order.
The photos are provided for illustrative purposes. We invite you to refer to the description of each product to know its precise characteristics; and in case of doubt or if you would like additional information, do not hesitate to contact us at 04 99 62 66 39. IRREVERSIBLE is only responsible for the content of the pages it publishes.
ARTICLE 13 – APPLICABLE LAW – DISPUTES – PROCESSING OF COMPLAINTS – MEDIATIONS
Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Complaints handling: For any complaints you can contact customer service using the contact details mentioned in Article 10 of these conditions.
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
ARTICLE 14 – PERSONAL DATA
Personal information and data concerning you are necessary for the management of your order and our commercial relations. They may be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalize the services we offer you and the information we send you.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose any personal data concerning you. Simply write to us online at Customer Service or by mail to WOODY'S CAMP, Consumer Service, 124 Rue François Daumas 34090 MONTPELLIER, indicating your surname, first name, email address and, if possible, your customer reference. In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the response should be sent. A response will then be sent to you within 2 months of receipt of the request.
Depending on your choices made when creating or consulting your account, you may be likely to receive offers from our company as indicated when creating your account. If you no longer wish to do so, you can request this at any time by specifying this in My account under the "Personal information" section.
Our site is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of the cookie is to signal your visit to our site. Cookies are therefore only used by Fnac Direct for the purpose of improving the personalized service intended for you.
Existence of a list of opposition to telephone canvassing: If your telephone number is collected when creating your account or placing your order, we inform you that your telephone contact details will only be used for the proper execution of your orders or to contact you in order to offer you new services. Without prejudice to the foregoing, in accordance with the legal provisions, you are informed that you can, if you wish, register on the list of opposition to telephone canvassing. You can register free of charge on this list which is binding on all professionals except those with whom you have already concluded a contract.
Annex 1
Article L. 217-4 Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code
The property complies with the contract:
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Appendix 2 – Withdrawal form
Please complete and return this form only if you wish to withdraw from your order placed at www.irreversible-bijoux.com (products sold and shipped by WOODY'S CAMP) – except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of WOODY'S CAMP – customer service – 124 Rue François Daumas – 34090 MONTPELLIER
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on …………………………………….. / Received on ……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Address of consumer(s): ………………………………………………………………..
Signature of the consumer(s) (only if this form is notified on paper):
Date : ………………………………………………………………..
(*) Delete as appropriate
___________________________________
Mediation
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.
This establishment has designated, by membership registered under number XXXXXXXXX, SAS Médiation Solution as a consumer mediation entity.
To contact the mediator, the consumer must formulate his request:
- Either in writing to:
Sas Mediation Solution
222 sheepfold path
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
- Either by email to: contact@sasmediationsolution-conso.fr
- Either by completing the online form entitled “Contact the mediator” on the website https://www.sasmediationsolution-conso.fr
Whatever the means of referral used, the request must imperatively contain:
- The applicant's postal, telephone and electronic contact details,
- The name and address and registration number with Sas Médiation Solution of the professional concerned,
- A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,
- Copy of the prior complaint,
- all documents allowing the processing of the request (purchase order, invoice, proof of payment, etc.)