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TERMS OF SALES

 

 

The W2 SAS website is an online public communication service of a promotional and commercial nature edited and operated by:

W2 (POWERBACK FRANCE), SAS - Simplified joint stock company with a share capital of 20,000 euros, whose registered office is at 23, rue DE CLOCHEVILLE in TOURS (37000), registered in the Trade and Companies Register under number 808942452.
Phone number: 02 47 52 32 82
Email address: contact@wabdesignhkg.com
Intra-community VAT number: FR 82 808 942 452
W2 (POWERBACK FRANCE) carries out the electronic commerce activity implemented by this Website from its registered office, previously designated.
The publication director of the wabdesignhkg.com site is Madame Emmanuelle GOUGEARD, as President of W2 (POWERBACK FRANCE).
This site is hosted by:
GANDI 63-65, boulevard Massena in Paris (75013)
Phone. : 01 70 37 76 61

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The wabdesignhkg.com Site offers the purchase of connected objects, and their delivery in Europe exclusively. We accept the following payment methods: credit card.
Our articles are only available for purchase online, under the conditions indicated, as long as they are displayed and accessible on the wabdesignhkg.com Site.
After selecting one or more Items on the wabdesignhkg.com Site, choosing their delivery methods, then identifying yourself, you will be invited to confirm the summary of your order, its price, as well as our General Conditions of Sale. Until your order has been confirmed, you can return to the previous steps at any time to review and modify its content.
The conclusion of an order on the wabdesignhkg.com Site does not imply any additional cost in relation to the basic rates for your provision of Internet access.
The French language is only available for the conclusion of orders.

Mandatory information on forms
The information collected in this form, and in particular those whose mandatory nature is indicated by an asterisk, are necessary for our company to process your request.
In accordance with the "Informatique et Libertés" law of January 6, 1978, you have the right to access and rectify information concerning you, which you can exercise by contacting:

W2 SAS (POWERBACK -WABDESIGN FRANCE),
23 Rue de Clocheville
37000 TOURS
Phone number: 02 47 32 52 82
Email address: contact@wabdesignhkg.com

Between

W2 SAS (POWERBACK -WABDESIGN FRANCE), SAS - Simplified joint-stock company with a share capital of 25200 euros, whose registered office is at 23, Rue de Clocheville in TOURS (37000), registered in the Trade and Companies Register under number 808942452, represented by its legal representatives domiciled in this capacity at said head office,
Phone number: 02 47 32 52 82
Email address: contact@wabdesignhkg.com
Intra-community VAT number: FR 82 808 942 452
And
The customer,
the following has been agreed:

Definitions
For the purposes of interpreting these General Conditions, the following definitions have been agreed:
"Site wabdesignhkg.com"
The wabdesignhkg.com Site designates all the virtual screen pages that can be viewed by a computer accessing the Internet network, by means of which the Customer can inquire about the Items available and their price, as well as select and order the Items he wishes. get delivery.
The wabdesignhkg.com website is an online communication service of a promotional and commercial nature edited and operated by W2 SAS (POWERBACK -WABDESIGN FRANCE)), designated at the head of these General Conditions.
The publication director of the wabdesignhkg.com site is Madame Emmanuelle GOUGEARD, as Chairman of W2 SAS (POWERBACK -WABDESIGN FRANCE).
This site is hosted by:Wix.com Inc.
Address: 500 Terry A François Blvd San Francisco, CA 94158
Telephone: +1 415-639-9034.

Articles
The Articles refer to the following type of products: connected objects.

Ordered
The Order designates the summary of the Items and their detailed price, selected by the Customer with a view to concluding a Sales Contract with W2 SAS (POWERBACK -WABDESIGN FRANCE)).

Confirmation Page
The Confirmation Page means the screen page of the wabdesignhkg.com Site, on which the Customer is invited to check, and if necessary correct, the content of his Order, read these General Conditions, and give his consent to the together with a view to concluding a Sales Contract.

Sales agreement
The Sales Contract means the contract, the content and regime of which are determined by the Order and these General Conditions, by which W2 SAS (POWERBACK - WABDESIGN FRANCE) undertakes, in return for a price, to deliver one or several Items to the Client.

Complaints department
W2 SAS (POWERBACK -WABDESIGN FRANCE) has set up a Complaints Department, which the Customer can contact at the following address:
W2 SAS (POWERBACK -WABDESIGN FRANCE)
Complaints department
23 Rue de Clocheville
37000 TOURS

The customer
The Customer is a natural or legal person having his domicile or registered office on French territory.
It is expressly stated that W2 SAS (POWERBACK -WABDESIGN FRANCE) does not intend to enter into any Sales Contract with a person who does not meet the definition of Customer.

1. Content and interpretation of the Sales Contract

These General Conditions, as well as the Customer's Order, contain all the commitments of the parties relating to the Sales Contract, to the exclusion of all correspondence, proposals, agreements in principle and all other previous or future documents relating to the same surgery.
Without prejudice to the foregoing, it is stated that W2 SAS (POWERBACK -WABDESIGN FRANCE) has voluntarily submitted to the code of conduct constituted by the “2FPCO Charter”, accessible on the Internet at the following address: http: / /www.2fpco.com.
The stipulations of these General Conditions are deemed to be interpreted strictly: they only obligate what is expressed therein, fairness or usage being able to be used to interpret them only in the event of ambiguity in its terms.
If one or more stipulations of these General Conditions should be held to be invalid or declared as such in application of a Law, a Regulation or following a final court decision, the other stipulations will retain all their force and their scope.

2. Formation of the Sales Contract
After having selected one or more Items on the wabdesignhkg.com Site, chosen their delivery methods, then identified themselves, the Customer accesses the Confirmation Page, from which he has the possibility:
- to check the details of his order and its total price, and to correct any errors;
- to take note of these General Conditions.
The Sales Contract is only formed from the confirmation of the Order and these General Conditions by the Customer, materialized by:
- the selection by the Customer of the checkboxes "I confirm my order and acknowledge my obligation to pay it" and "I accept the General Conditions" appearing on the Confirmation Page,
- then by the validation by the Customer of the virtual button "Validate the order".

3. Termination of the Sales Contract
The Sale Contract is a contract with instant execution which, in the absence of retraction or resolution under the conditions referred to in Articles 5 and 6 below, will be terminated by payment of the price of the Articles and their delivery.

2. Acknowledgment of receipt of order confirmation and archiving of the Sales Contract

W2 SAS (POWERBACK -WABDESIGN FRANCE) will acknowledge receipt, without undue delay, of the Customer's confirmation of his Order and of these General Conditions.
The acknowledgment of receipt, which will contain in particular a summary of the Order as well as a copy of these General Conditions, will be sent to the email address provided by the Customer, or made available to the Customer to be downloaded or printed. .
W2 SAS (POWERBACK -WABDESIGN FRANCE)) will, for its part, archive an identical document in electronic form.

The Customer, provided he can prove his identity (in particular, as the case may be, by means of the date of conclusion of the corresponding Sales Contract, proof of payment for the Items ordered, etc.), may at any time request communication of the document. archived by W2 SAS (POWERBACK -WABDESIGN FRANCE) with the Service responsible for complaints.

5. Right of withdrawal
In accordance with article L121-21 of the Consumer Code, the Customer has the right to withdraw from the Contract of Sale, without giving any reason, from the conclusion of the latter, and until the expiration of fourteen clear days following delivery of the Items ordered, unless the Items concerned constitute:

- goods whose price depends on fluctuations on the financial market, beyond the control of W2 SAS (POWERBACK -WABDESIGN FRANCE) and likely to occur during the withdrawal period;

- goods made to the Customer's specifications or clearly personalized;

- goods liable to deteriorate or expire quickly;

- goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;

- goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

- audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- newspapers, periodicals or magazines, unless their supply has been taken out as part of a subscription to these publications.

To exercise this right, the Customer must send to W2 W2 SAS (POWERBACK -WABDESIGN FRANCE), before the expiry of the aforementioned period, his decision to withdraw by means of an unambiguous declaration, and if he wishes to using the form provided for this purpose following these General Conditions. The proof and the cost of this shipment weigh on the Customer.

The Customer must return the Items ordered to W2 SAS (POWERBACK -WABDESIGN FRANCE) communicating their decision to withdraw. The return costs will be borne exclusively by the Customer.

With regard to Articles which cannot reasonably be returned by post, given their nature, the return costs are estimated at a maximum of approximately 100 euros.
In the event that the Customer exercises his right of withdrawal, W2 SAS (POWERBACK -WABDESIGN FRANCE) will reimburse him for all sums paid, including in particular:
-the selling price of the Articles,
-the delivery costs, within the limit of the cheapest delivery price offered to the Customer at the time of the Order.

This reimbursement will be made without undue delay following the first of the following events:

- the effective recovery of the Articles by W2 SAS (POWERBACK -WABDESIGN FRANCE),

- or the provision by the Customer of proof that he has shipped the Articles to W2 SAS (POWERBACK -WABDESIGN FRANCE).

Any refund will use the same means of payment as that used by the Customer for the settlement of the price of the Sales Contract, unless the parties expressly agree on a different means, at no cost to the Customer.

The Customer will be automatically responsible, with regard to W2 SAS (POWERBACK - WABDESIGN FRANCE), for the depreciation of the Items resulting from handling, unless they have been strictly necessary to establish the nature, characteristics and the proper functioning of these Articles.

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3. Resolving conditions

For failure to pay
Although it has been formed under the conditions referred to in article 2 above, the Sales Contract will be terminated automatically and without formality of any kind in the event of non-payment of the price under the conditions referred to in article 9 below, whatever the cause.
For failure to deliver

In the event of breach by W2 SAS (POWERBACK -WABDESIGN FRANCE)) of its obligation to deliver an Item ordered at the end of its delivery period, the Customer may terminate the Sales Contract, by registered letter with request for notice of receipt or in writing on another durable medium addressed to the Service responsible for complaints if, after having instructed W2 SAS (POWERBACK - WABDESIGN FRANCE), under the same terms, to make delivery within a reasonable additional time, the latter did not execute within this timeframe.
The contract will be considered terminated upon receipt by W2 SAS (POWERBACK -WABDESIGN FRANCE) of the letter or writing informing it of this resolution, unless the latter has been executed in the meantime.
In such a case, W2 SAS (POWERBACK -WABDESIGN FRANCE) will be required to reimburse the Customer for all sums paid, at the latest within fourteen days following the termination.

7. Proof of the Sales Contract
It is expressly agreed between the Parties that the acknowledgment of receipt of the Order archived by W2 (POWERBACK FRANCE), under conditions conducive to ensuring its integrity and durability, will constitute perfect proof of the Sales Contract.
It will prevail, unless its falsification is demonstrated, over any document produced by the Customer.

8. Price of Items ordered
The price of the Items, as well as any contractual guarantees and means of delivery, is detailed and summarized on the Confirmation Page.
It is expressly understood that the price paid by the Customer will in no case be considered as a deposit.

9. Payment of the Order
Once the Order has been confirmed and these General Conditions have been accepted by the Customer in accordance with article 2 above, the latter is invited to pay the total price of the latter, according to one of the payment methods offered by W2 SAS (POWERBACK -WABDESIGN FRANCE).
The Customer undertakes to pay for the Order:
- immediately after its confirmation, in the event of payment by bank card or any other electronic payment method;
- within 5 days of its confirmation, for any other payment method.
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Any delivery period for an Ordered Item only starts after full payment of the Order.

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4. Delivery of ordered items

On the sole condition that payment for the Articles has been made under the conditions and deadlines referred to in Article 9 above, W2 SAS (POWERBACK -WABDESIGN FRANCE) will ship the Articles ordered to the Customer, within the maximum period stipulated in the Order. .

11. Legal guarantee of conformity
W2 SAS (POWERBACK -WABDESIGN FRANCE) is bound by the legal guarantee of conformity, under the conditions and limits referred to in articles L211-4 to L211-13 of the Consumer Code, partially reproduced below:
“The seller is required to deliver goods in conformity 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. "(L211-4)
"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, the producer or his 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 which the latter has accepted. "(L211-5)
"Lacks of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. "(L211-7)
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. "(L211-9)
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "(L211-12)

12. Legal guarantee against hidden defects
W2 SAS (POWERBACK -WABDESIGN FRANCE) is bound by the legal guarantee against hidden defects, under the conditions and limits referred to in articles 1641 to 1648 of the Civil Code, partially reproduced below:
"The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. "(1641)
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "(1648, al. 1)

5. Commercial guarantee

The Customer will enjoy a commercial guarantee on the products ordered, within the meaning of article L211-15 of the Consumer Code, if and only if the latter is expressly stipulated in the Order.
The content of the guarantee, the modalities of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor are specified, where applicable, in the Order.
Regardless of any commercial guarantee granted, W2 SAS (POWERBACK - WABDESIGN FRANCE) will remain bound by the legal guarantee of conformity and the legal guarantee against hidden defects, under the conditions referred to in Articles 12 and 13 above.
In accordance with article L211-15 of the Consumer Code, article L211-16 of the same Code is reproduced below: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "(L211-16)

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6. Liability

W2 SAS (POWERBACK -WABDESIGN FRANCE) will in no case be responsible for any breach of the Sales Contract attributable to the Customer, to the insurmountable fact of a third party or to a case of force majeure.
Except in the event of fraud or gross negligence, W2 (POWERBACK FRANCE) cannot be held liable for more than a sum equal to the price paid.
W2 SAS (POWERBACK -WABDESIGN FRANCE) does not provide the Customer with any obligation of assistance or advice relating to browsing the Internet network, the choice, maintenance or compatibility of its machines (computer, storage device, etc.) with the wabdesignhkg.com Site and the supply of the Articles.
W2 SAS (POWERBACK -WABDESIGN FRANCE) can not be held responsible towards the Customer of the risks, of whatever nature, inherent in the navigation on the Internet network, including during the consultation of the Site wabdesignhkg.com or a website to which it would be referred by a hypertext link or any other form of referencing, and in particular:
- loss, damage, data hacking caused during such browsing;
- viral infection of the Client's machines;
- access by the Customer to any illegal content.

15. Processing of complaints and disputes
Any complaint from the Customer relating to the execution of the Sales Contract can be addressed to the W2 SAS complaints department (POWERBACK - WABDESIGN FRANCE) designated in article 1 "Definitions" above.

16. Applicable law
The Sales Contract is subject, in its form, conclusion and execution, to the rules applicable in the French legal order.

 

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of :
W2 SAS (POWERBACK -WABDESIGN FRANCE)
Complaints department
76, rue Georges Courteline
37000 TURNS

Email address: contact@wabdesignhkg.com

I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:

Ordered on (*) / received on (*):

Name of consumer (s):

Address of consumer (s):

Signature of consumer (s) (only if this form is notified on paper)

Date:

(*) Cross out the unnecessary mention.