General Terms and Conditions of Sale
The company MTS&CO, operating under the trade name WODANDGO, is a simplified joint-stock company, located at 20, rue Denis Fustel de Coulanges in Perpignan (66000), registered with the Perpignan Commercial and Companies Register under number 898 637 061, whose main activity is the online sale of sports equipment.
These general terms and conditions of sale are concluded between the company MTS&CO, hereinafter "WODANDGO", and any natural or legal person placing an order for products, hereinafter "the customer", on the website https://wodandgo.com/ hereinafter "the site".
ARTICLE I. ENTIRETY
These general terms of use and sale express the entirety of the parties' obligations, they constitute the sole framework of the contractual relationship between the parties, prevail over any other document, and the customer acknowledges having accepted them without reservation.
WODANDGO reserves the right to modify these general terms of use and sale at any time.
The latest version of the general terms of use and sale published on the site applies to the relationship between the parties from the date of its publication. The order is subject to the general terms in force at the time the order is placed on the site.
ARTICLE II. CUSTOMER ACCOUNT CREATION
The customer declares to be of legal age and to have the legal capacity to conclude a sale or to hold parental authorization allowing them to place an order on the Site.
The customer undertakes to provide WODANDGO with truthful and complete data and not to infringe, in any capacity whatsoever, the rights of third-party natural or legal persons.
The customer also undertakes to update the aforementioned information and to spontaneously correct any errors affecting them.
When created for a legal entity, the account is deemed to have been created by a person authorized to commit the legal entity.
In the event that the subscriber provides inaccurate, incomplete, misleading or outdated information, WODANDGO reserves the right not to create the account or to suspend it after it has been created, should it become aware of this later.
WODANDGO reserves the right to request supporting documents.
The customer is solely responsible for the use of their login credentials; they undertake to use them personally and not to disclose them to third parties.
ARTICLE III. PRICE
The prices of the items are those displayed on the site in euros including all taxes at the VAT rate in force on the day of the order.
WODANDGO reserves the right to vary the price of its items over time, particularly during promotional operations.
Items will be invoiced based on the rates in effect at the time of order confirmation, subject to availability on that date.
The transfer of ownership of the items to the customer is effective only upon full payment of the price.
ARTICLE IV. AVAILABILITY OF ITEMS
Items are sold within the limits of available stock.
Offers of items and prices are valid as long as they are visible on the site
https://wodandgo.com/ except for temporary operations whose validity period is indicated on the site.
In case of an order for an item that turns out to be unavailable, the customer will be informed by email or phone as soon as possible and offered to cancel their order.
In case of an order for several items, if one of the items proves unavailable, WODANDGO will then inform the customer of the impossibility of sending the unavailable item. The rest of the order will be processed and shipped to the customer within the deadlines announced by the order confirmation email. The customer may also opt for a total cancellation of their order, provided they inform WODANDGO beforehand by email at the following address: contact@wodandgo.com.
WODANDGO is not a wholesaler of sports equipment and, consequently, reserves the right to refuse orders that are too large.
ARTICLE V. ORDER PROCESS
The customer who wishes to purchase an item offered by WODANDGO must:
- previously have a customer account created in accordance with Article II of these general terms and conditions,
- select the desired items and their quantity on the website https://wodandgo.com/,
- validate the order after checking it,
- make payment under the conditions provided below.
The confirmation of the order implies acceptance of these GTCS, the acknowledgment of having full knowledge of them, and the waiver of invoking its own purchase conditions or any other conditions.
When placed by a legal entity, the order for items marketed by WODANDGO is deemed to have been made by a person authorized to commit the company.
WODANDGO accepts only the following payment methods:
- payment by credit card (Visa, MasterCard, Carte Bleue) via the Stripe payment solution,
- payment by PayPal.
The customer remains fully responsible for the banking information they provide to WODANDGO and for the security of their payment methods.
All data provided and the confirmation recorded by WODANDGO will constitute proof of the transaction.
WODANDGO reserves the right to refuse and cancel any order from a customer with whom there are current or past disputes.
Once finalized and paid, the customer cannot reverse or request the cancellation of their order except under the legal right of withdrawal under the conditions recalled in Article VII of the general terms and conditions of sale.
The customer will receive an email confirmation of their order from WODANDGO with a summary of the items ordered. This order confirmation email signifies WODANDGO's acceptance of the customer's order and thus forms the sales contract between the parties. As soon as the order is ready to be shipped, WODANDGO will send an order shipping email to the customer.
WODANDGO archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1379 of the Civil Code.
WODANDGO's computerized registers are considered by the parties as proof of communications, orders, payments, and transactions between the parties.
ARTICLE VI. SHIPPING COSTS AND DELIVERY TIMES
Delivery costs for items are at the customer's expense and may change over time, depending on the pricing applied by carriers. The delivery costs applied to the order are those indicated at the time of confirmation of the said order. WODANDGO offers several delivery methods on its site, from which the customer can choose. Delivery costs vary depending on the delivery method chosen by the customer.
The deadlines announced on the site are calculated in working days, subject to order validation by WODANDGO. The delivery date is calculated taking into account the order shipping time plus the carrier's delivery time.
The delivery time starts from the dispatch of the package by WODANDGO; it is therefore added to the order shipping time. The customer is informed by email as soon as their order is shipped.
The delivery time depends on the delivery method chosen at the time of ordering, it corresponds to the usual delivery time indicated by the different carriers.
The customer is entirely responsible for the delivery address indicated at the time of the order.
WODANDGO undertakes to inform the customer of any known delivery delays.
The customer must open and check their package as soon as it is handed over to them and in the presence of the delivery person, even if the outer packaging appears clean and intact.
If the package is damaged or incomplete, the customer must explicitly specify this to the carrier, refuse it, or accept it with the mention "subject to" or "damaged package".
ARTICLE VII – RETURNS AND REFUNDS
Returns
Items may be returned within 14 days of receipt. Only items returned in their entirety, accompanied by their labels, instructions, warranties, cords, and all other original accessories will be accepted. They must be in perfect condition, placed in their original undamaged packaging, to allow for immediate resale. Any item not meeting these criteria cannot be accepted for return.
Refunds
After verification and approval by our After-Sales Service (SAV), the return can be validated and reintegrated into our stock. If you find that the refund for your order is not complete, please note that shipping costs are never refundable, even when the item refund is granted. Furthermore, any customs fees will under no circumstances be covered or refunded. For any further questions or assistance, please do not hesitate to contact us. Our team remains at your disposal.
ARTICLE VIII – RIGHT OF WITHDRAWAL
Exercise of the right of withdrawal
The customer has a period of fourteen days from the receipt of their order to inform WODANDGO of their intention to return an item.
The customer can notify their decision to withdraw from the sales contract with WODANDGO by means of a clear and unambiguous statement by email to the following address: contact@wodandgo.com. If they wish, the customer can use the model withdrawal form available on the site.
The customer then has a period of fourteen days following the notification of withdrawal to return the items.
In case of exercising the right of withdrawal, all packaging and shipping costs necessary for the return of the item are the sole responsibility of the customer, WODANDGO not accepting packages returned freight collect or cash on delivery.
All costs and risks associated with the return of the item are the responsibility of the customer. The customer is responsible for choosing the shipping method for the item and is free to take out insurance or not in case of loss, theft, or destruction of their package.
Only items returned complete, with their labels, instructions, warranties, cords and other accessories in perfect condition and in their original packaging in a condition to be marketed will be accepted.
The customer is also informed of the provisions of Article L. 221-28 of the Consumer Code:
"The right of withdrawal cannot be exercised for contracts 5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;"
Given the nature of the items marketed, these will be systematically refused if they have been used.
WODANDGO reserves the right to refuse a returned item that does not meet one of these conditions.
After verification and approval by our After-Sales Service (SAV), the return can be validated and reintegrated into our stock. If you find that the refund for your order is not complete, please note that shipping costs are never refundable, even when the item refund is granted. Furthermore, any customs fees will under no circumstances be covered or refunded. For any further questions or assistance, please do not hesitate to contact us. Our team remains at your disposal.
Exclusions from the right of withdrawal
The exercise of the right of withdrawal does not apply to orders placed for professional purposes or, in general, by any person who at the time of the order does not have the status of consumer.
ARTICLE IX – INTELLECTUAL PROPERTY
All texts, illustrations, and images present on the site are protected by the copyright of WODANDGO. These rights are reserved worldwide.
It is therefore forbidden for the customer, outside of this use, to copy, modify, distribute, transmit, disseminate, represent, reproduce, publish, license, transfer, or exploit in any other way the information present on the site, any other use constituting infringement.
ARTICLE X – PERSONAL DATA
The client is informed that the collection of their personal data by WODANDGO is necessary for the marketing of items and their delivery.
This data is also retained for security purposes, in order to comply with legal and regulatory obligations.
What data does WODANDGO collect and process?
As part of the use of the site https://wodandgo.com/ and the placing of orders, WODANDGO collects and processes the following personal data:
WODANDGO does not collect any personal data other than those indicated in this table.
Who is the data controller?
Personal data collected on this site is processed by WODANDGO, the data controller.
What are the client's rights?
Right to information on data
The client has the right to know how WODANDGO uses personal data, which use is exhaustively described by these general terms.
Right of access
The client has a right of access to data concerning them processed by WODANDGO, which right allows them to become aware of the data WODANDGO holds and to request a copy.
Right of rectification
The client has the right to request the rectification of inaccurate, incomplete, ambiguous, or outdated personal data.
Right to erasure
The client has the right to ask WODANDGO to delete their personal data or to ask it to stop processing them in certain circumstances.
Right to object
The client can object to receiving communications from WODANDGO and its partners.
Right to withdraw consent
The client has the right to refuse the processing of their personal data at any time for personal reasons or for marketing purposes.
Right to data portability
The client has the right to request that WODANDGO communicate all data held about them or transfer it to another service provider,
Exercise of rights
For any question or request to exercise rights, the client must send an email to the following address: contact@wodandgo.com.
Complaints
The competent supervisory authority for any request concerning the processing of personal data by WODANDGO, including, where applicable, a user complaint, is the National Commission for Information Technology and Liberties (CNIL).
How long is personal data retained?
WODANDGO will retain the data thus collected for a period of three years from the last order placed by the client.
What protection measures have been taken?
WODANDGO implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access.
However, it should be noted that the Internet is not a completely secure environment and WODANDGO cannot guarantee the security of the transmission or storage of information on the Internet.
ARTICLE XI – WARRANTIES AND LIABILITY
Legal guarantee of conformity
The legal guarantee of conformity allows the consumer customer to benefit from a period of two years from the delivery of the item concerned to act against WODANDGO, and to choose between repair or replacement of the goods, subject to the exception provided for in Article L. 217-9 of the Consumer Code.
The legal guarantee of conformity only applies to sales to consumers; its application is excluded in the case of sales to professional customers.
Legal guarantee against hidden defects
The legal guarantee against hidden defects allows the customer to request, within two years from the discovery of the defect, either the cancellation of the sale or a reduction in the selling price in accordance with Articles 1641 et seq. of the Civil Code.
Terms of implementation of the warranty
The customer contacts WODANDGO, specifying the difficulties or malfunctions encountered with the item concerned, by sending an email to the following address: contact@wodandgo.com.
The customer must also return the item concerned to the address communicated by: sav@wodandgo.com. Shipping costs will be covered under the conditions provided by law. The customer is responsible for choosing the shipping method for the item; they are free to take out insurance or not in case of loss, theft, or destruction of their package.
After processing the item by WODANDGO, which will notably check whether the item qualifies for the legal guarantee, the item will be repaired or standard-exchanged.
Exclusion of liability
WODANDGO's liability is excluded in case of direct or indirect damage, affecting goods or persons, suffered by the customer or a third party, and resulting from the following cases:
negligence or fault committed by the customer or by a third-party user of the items marketed by WODANDGO,
any use of the items under non-compliant conditions.
ARTICLE XII – MEDIATION OF CONSUMER DISPUTES
In accordance with Articles L. 612-1 et seq. of the Consumer Code concerning the consumer dispute mediation process, the customer has the right to use the internal mediation service offered by WODANDGO free of charge.
ARTICLE XIII – NON-WAIVER
The fact that WODANDGO does not avail itself of a failure or breach by the client of any of its contractual or legal obligations shall not be construed as a waiver of the right to avail itself of that failure or breach.
ARTICLE XIV – INVALIDITY OF A CLAUSE
Should any provision of these general terms and conditions of sale be declared null and void, this nullity shall not entail the nullity of the other provisions of the general terms and conditions of sale which shall remain in force.
ARTICLE XV – FORCE MAJEURE
In addition to those cases generally recognized by case law, total or partial strike, insurrection or war, bad weather, epidemics and pandemics, blockades of transport or supply means for any reason whatsoever, earthquakes, fires, floods, governmental or legal restrictions, telecommunications blockades, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship are considered as cases of force majeure and exempt the parties from fulfilling their obligations without compensation for the entire duration of the event.
If the force majeure event lasts for more than three months, the contract concerned may be terminated automatically without compensation for either party.
ARTICLE XVI – APPLICABLE LAW, DISPUTE RESOLUTION
French law is solely applicable to the general terms and conditions of sale.
The parties will make their best efforts to find an amicable solution to their disputes.
All disputes relating to the formation or execution of a sale between professionals governed by these general terms and conditions of sale fall under the exclusive jurisdiction of the Commercial Court of Perpignan, notwithstanding multiple defendants, third-party claims, warranty claims, or summary proceedings to return the product to the address communicated by: sav@wodandgo.com