General conditions of sale
These conditions of sale are concluded on the one hand by WINAWEIGHT whose head office is located at 5 rue de l'international, 91000 Evry registered in the Trade and Companies Register of EVRY under number 914735758 hereinafter referred to as "WINAWEIGHT" and managing the site WWW.WINAWEIGHT.FR and, on the other hand, by any natural or legal person wishing to make a purchase via the website WWW.WINAWEIGHT.FR hereinafter referred to as "the buyer".
Article 1: Preamble
Buyer: means any user who purchases a Product through the Site.
Order: means the process of the Customer selecting the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered as well as the delivery options and when they have paid the amount to be paid. Once finalized, the Order is handled by WINAWEIGHT, which will proceed with the shipment of the Products ordered in accordance with the terms of these General Terms and Conditions.
Contract: means these General Terms and Conditions and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document that would conflict with the Contract, and which would therefore be unenforceable against WINAWEIGHT.
Personal data: means all personal information relating to the Customer, a natural person, provided by him/her when placing the Order.
Parties: jointly designates WINAWEIGHT and the Users of the Site.
Products: means the products available for sale on the Site.
User: means any natural or legal person accessing the Site whether or not they are a Client.
Article 2: Acceptance of the conditions
These terms of sale aim to define the contractual relations between WINAWEIGHT and the buyer and the conditions applicable to any purchase made through the website WWW.WINAWEIGHT.FR. The acquisition of a product through this site implies unconditional acceptance by the buyer of these terms of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site WWW.WINAWEIGHT.FR is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing him to commit to these general terms of sale.
WINAWEIGHT reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the order by the buyer.
Article 3: Product characteristics
The products offered are those that appear on the WWW.WINAWEIGHT.FR website of the WINAWEIGHT company within the limit of available stocks. The WINAWEIGHT company reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description including its main technical characteristics (capacity, use, composition, etc.). The photographs are as faithful as possible but do not bind the Seller in any way. The sale of the products presented on the WWW.WINAWEIGHT.FR website is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 4: Price
All prices presented on the Site are in euros, all taxes included. WINAWEIGHT reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of his Order.
Article 5: Order
The User can browse the Site without obligation to purchase.
In order to place an Order, the buyer selects the Products of his choice on the Site and adds them to his virtual basket.
The creation of a personal account on the Site is not necessary to place an Order. However, certain personal data of the buyer are required for the proper execution of the Order by WINAWEIGHT.FR
The buyer is required to provide complete, up-to-date and fair information, and WINAWEIGHT cannot be held liable in this regard. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.
The description of the Products is available to the buyer on the Site, which the buyer accepts and acknowledges.
Once the Order is finalized, support is confirmed by WINAWEIGHT by sending an email to the Customer at the address indicated when placing the Order.
The Order is validated once payment has been made in full and received by WINAWEIGHT.
WINAWEIGHT will send the Customer an invoice by email to the address provided when placing the Order. The Customer is advised to save or print his invoice and keep it.
WINAWEIGHT undertakes to honor validated Orders, within the limit of available stocks.
In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email.
The Customer will have the choice of being reimbursed for the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalog).
In any event, WINAWEIGHT cannot be held responsible for any damage suffered by the Customer, nor liable for any damages.
WINAWEIGHT may modify at any time the assortment of products offered for sale on the Site, without prejudice to Orders placed by the Customer.
Article 6: Payment
The Customer pays on the website www.winaweight.com by bank card from the Visa, Mastercard, Maestro and American Express networks via the secure payment platform Shopify payments.
Article 7: Delivery
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are made by La Poste via COLISSIMO and MONDIAL RELAIS, a delivery service with tracking, delivery without signature. Delivery times are given for information purposes only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. WINAWEIGHT may provide the buyer with the tracking number of their package by email. The buyer is delivered to their home by their postman. In the event of the buyer's absence, they will receive a delivery notice from their postman, which allows them to collect the products ordered from the nearest post office, during a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of WINAWEIGHT. The buyer is required to check in the presence of the postal worker or delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8: Right of withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs.
Article 9: Personal information and protection of personal data
WINAWEIGHT undertakes to preserve the confidentiality of the information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: WINAWEIGHT, 05 rue de l'international, 91000 Evry
Article 10: Intellectual property
All elements of the WWW.WINAWEIGHT.FR site are and remain the intellectual and exclusive property of the WINAWEIGHT company. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text.
Article 11: Liability
The company WINAWEIGHT, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
Article 12: Applicable law
In the event of a dispute, an amicable solution will be sought before any legal action. The prior search for an amicable solution does not interrupt the time limits for taking action under warranty.
These distance selling conditions are subject to French law.