The company MTS&CO, acting under the trade name WODANDGO, is a simplified joint stock company, located at 20, rue Denis Fustel de Coulanges in Perpignan (66000), registered at the R.C.S. of Perpignan under the n° 898 637 061, whose main activity is the online sale of sporting goods.
These general conditions of sale are concluded between the company MTS&CO, hereinafter “WODANDGO” and any individual or legal entity placing an order for products, hereinafter “the customer”, on the website https://wodandgo.com/ hereinafter “the site”.
The present general conditions of use and sale express the entirety of the obligations of the parties, they constitute the unique 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 at any time the present general conditions of use and sale.
The latest version of the general terms and conditions of use and sale published on the site is applicable to the relationship between the parties as of its publication. The order is subject to the general conditions in force at the time of placing the order on the site.
The customer declares to be of legal age and to have the legal capacity to conclude a sale or to be the holder of a parental authorization allowing him to place an order on the Site.
The Customer undertakes to provide WODANDGO with true and complete data and not to infringe, in any way whatsoever, the rights of third parties, whether natural or legal.
The customer also undertakes to keep the above information up to date and to spontaneously correct any errors affecting it.
When created for a legal entity, the account is deemed to have been created by a person with the authority to bind the legal entity.
In the event that the Subscriber provides inaccurate, incomplete, misleading or obsolete information, WODANDGO reserves the right not to create the account or to suspend it after it has been created in the event that it becomes aware of it afterwards.
WODANDGO reserves the right to request proof of payment.
The customer is solely responsible for the use of his identifiers, he undertakes to make personal use of them and not to communicate them to third parties.
The price of the articles is the one displayed on the site in euros with the VAT rate in force at the day of the order.
WODANDGO reserves the right to vary the price of its items over time, particularly during promotional operations.
The items will be invoiced on the basis of the prices in force at the time of the confirmation of the order, subject to availability on that date.
The transfer of the property to the customer of the articles is effective only with the integral payment of the price.
The articles are marketed within the limits of available stocks.
The offers of articles 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 of an article which would prove to be unavailable, the customer will be informed by e-mail or by telephone as soon as possible and it will be proposed to the customer to cancel his order.
In the case of an order for several items, if one of the items is unavailable, WODANDGO will inform the customer of the impossibility of sending the unavailable item. The remainder of the order will be processed and shipped to the customer within the time frame announced in the order confirmation email. The customer may also opt for the total cancellation of his order, provided that he informs WODANDGO in advance by e-mail to the following address: firstname.lastname@example.org.
WODANDGO is not a wholesaler of sporting goods and, therefore, reserves the right to refuse orders that are too large.
The customer who wishes to purchase an item offered by WODANDGO must:
The confirmation of the order implies acceptance of these GTC, the recognition of having perfect knowledge of them and the renunciation to prevail itself of its own conditions of purchase or of any other conditions.
When placed by a legal entity, the order for items marketed by WODANDGO is deemed to have been placed by a person with the authority to bind the company.
WODANDGO only accepts the following payment methods:
The Customer remains fully responsible for the banking information he or she communicates to WODANDGO and for the security of his or her means of payment.
All the data provided and the confirmation recorded by WODANDGO will serve as proof of the transaction.
WODANDGO reserves the right to refuse and cancel any order from a customer with whom there are present or past disputes.
When it has been finalized and paid, the customer cannot return or request the cancellation of his order except in application of the legal right of withdrawal under the conditions recalled in Article VII of the general conditions of sale.
The customer will receive an e-mail from WODANDGO confirming the order with a summary of the items ordered. This order confirmation e-mail 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 order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1379 of the Civil Code.
The computerized records of WODANDGO are considered by the parties as proof of communications, orders, payments and transactions between the parties
The delivery costs of the articles are the responsibility of the customer and are likely to evolve in time, according to the tariffing applied by the carriers. The delivery charges applied to the order are those indicated at the time of confirmation of the order. WODANDGO offers several delivery methods on its site, from which the customer can choose. The delivery costs vary according to the delivery method chosen by the customer.
The deadlines announced on the site are calculated in working days, subject to validation of the order by WODANDGO. The delivery date is calculated by taking into account the shipping time of the order plus the delivery time of the carrier.
The delivery time runs from the time WODANDGO sends the package; it is therefore added to the time of shipment of the order. The customer is informed by email as soon as the order is shipped.
The delivery time depends on the method of delivery chosen when placing the order, it corresponds to the usual delivery time indicated by the various 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 delay in delivery of which it is aware.
The customer must open and check the package as soon as it is delivered and in the presence of the delivery person, even if the outer package is apparently clean and intact.
If the package is damaged or incomplete, the customer must expressly specify it to the carrier, refuse it or accept it with the mention “under reserve” or “damaged package”.
Exercising the right of withdrawal
The customer has a period of fourteen days from receipt of the order to inform WODANDGO of his intention to return an item.
The Customer may notify his or her decision to withdraw from the sales contract with WODANDGO by means of a clear and unambiguous statement by e-mail to the following address: email@example.com. If he wishes, the customer can use the model of withdrawal form available on the site.
The customer then has a period of fourteen days following notification of withdrawal to return the items to the following postal address: Société MTS&CO – 4, impasse Paul Séjourné – 66350 Toulouges.
In the event of exercising the right of withdrawal, the entire cost of packaging and delivery necessary to return the item is the exclusive responsibility of the customer, WODANDGO does not accept packages returned with postage due or cash on delivery.
All costs and risks related to the return of the item are the responsibility of the customer. The customer is responsible for the choice of the mode of sending of the article and is free to subscribe or not an insurance in the event of loss, of flight or of destruction of its parcel.
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 sold will be accepted.
The customer is also informed of the provisions of Article L. 221-28 of the Consumer Code:
“The right of withdrawal may not 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;”
Due to the nature of the items marketed, they will be systematically refused once they have been used.
WODANDGO reserves the right to refuse a returned item that does not meet any of these conditions.
If the return is accepted by WODANDGO, it will refund the price of the items ordered as well as the delivery costs paid by the customer at the time of the order, within fourteen days of receipt, to the bank account used for payment.
In the event of a partial return of an order, WODANDGO will reimburse the customer for the amount of the shipping costs (outbound) in proportion to the total amount of the order. In the event of a total return of an order, WODANDGO will reimburse the customer for the total amount of shipping costs paid at the time of the order. WODANDGO will not reimburse additional shipping costs if the customer has chosen a more expensive method of delivery than the standard method offered on the site. Return shipping costs are the exclusive responsibility of the customer.
Exclusions from the right of withdrawal
The exercise of the right of withdrawal does not apply to orders placed for professional purposes or generally by any person who would not have at the time of the order the quality of consumer.
All texts, illustrations and images on the site are protected by copyright of the company WODANDGO. These rights are reserved for the whole world.
It is therefore forbidden to the customer, apart from this use, to copy, modify, distribute, transmit, broadcast, represent, reproduce, publish, license, transfer or exploit in any other way the information present in the site, any other use being constitutive of infringement.
The Customer is informed that the collection of his/her personal data by WODANDGO is necessary for the marketing of the items and their delivery.
This data is also kept for security purposes in order to comply with legal and regulatory obligations.
What data does WODANDGO collect and process?
Within the framework of the use of the https://wodandgo.com/ website and the placing of orders, WODANDGO is required to collect and process the following personal data:
WODANDGO does not collect any personal data other than those indicated in this table.
Who is the data controller?
The personal data collected on this site are processed by WODANDGO, the data controller.
What are the customer’s rights?
Right to information on data
The customer has the right to know what use WODANDGO makes of the personal data, which use is exhaustively described in these general conditions.
Right of access
The Customer has a right of access to the data concerning him or her processed by WODANDGO, which right allows him or her to become aware of the data held by WODANDGO and to request a copy.
Right of rectification
The customer has the right to request the correction of inaccurate, incomplete, ambiguous or outdated personal data.
Right to erasure
The Customer has the right to ask WODANDGO to delete his/her personal data or to request that it stop processing them in certain circumstances.
Right to object
The customer may object to the sending of communications by WODANDGO and its partners.
Right to withdraw consent
The customer has the right to refuse at any time the processing of his personal data for personal reasons or for marketing purposes.
Right to portability
The Customer has the right to request that WODANDGO communicate all the data held on him or her to another service provider,
Exercise of rights
For any questions or requests to exercise rights, the customer should send an e-mail to the following address: firstname.lastname@example.org.
The supervisory authority competent to deal with any request concerning the processing of personal data by WODANDGO, including, if applicable, a complaint from a user, is the National Commission for Information Technology and Civil Liberties (CNIL).
How long is the personal data kept?
WODANDGO will keep the data thus collected for a period of three years from the last order placed by the customer.
What protective measures have been taken?
WODANDGO implements organizational, technical, software and physical digital security measures to protect personal data from 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.
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 vis-à-vis WODANDGO, and to choose between repair or replacement of the good, subject to the exception provided for in Article L. 217-9 of the Consumer Code.
The legal guarantee of conformity applies only to sales to consumers, its application is excluded in case of sale to a professional customer.
Legal guarantee against hidden defects
The legal guarantee of hidden defects allows the customer to request, within two years from the discovery of the defect, either the resolution of the sale or a reduction of the sale price in accordance with Articles 1641 and following of the Civil Code.
Terms and conditions for the implementation of the guarantee
The customer contacts WODANDGO, specifying the difficulties or malfunctions encountered on the item concerned, by sending an e-mail to the following address: email@example.com.
The customer must also return the item concerned to the following postal address: Société MTS&CO – 4, Impasse Paul Séjourné – 66350 Toulouges. The assumption of responsibility of the carriage costs will be carried out under the conditions envisaged by the law. The customer is responsible for the choice of the mode of sending of the article, it is free to subscribe or not an insurance in the event of loss, of flight or of destruction of its parcel.
After the item has been processed by WODANDGO, which will check whether the item qualifies for the legal guarantee, the item will be repaired or exchanged.
Exclusion of liability
WODANDGO’s liability is excluded in the event of direct or indirect damage to property 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 articles in non-conforming conditions.
In accordance with Articles L. 612-1 et seq. of the Consumer Code concerning the mediation process for consumer disputes, the Customer has the right to have recourse free of charge to the internal mediation service offered by WODANDGO.
The fact that WODANDGO does not take advantage of a default or failure by the Customer to meet any of its contractual or legal obligations shall not be interpreted as a waiver of the right to take advantage of this default or failure.
If any of the provisions of these general terms and conditions of sale should be invalidated, such invalidity shall not entail the invalidity of the other provisions of the general terms and conditions of sale which shall remain in force.
Are considered as force majeure and exempt the parties from the execution of their obligations without compensation and this for the duration of the event, in addition to those usually retained by the jurisprudence, the total or partial strike, insurrection or war, bad weather, epidemics and pandemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, floods, governmental or legal restrictions, blockage of telecommunications, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship.
If the force majeure event continues for more than three months, the contract concerned may be terminated by operation of law without compensation for either party.
French law is the only law applicable to the general 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 conditions of sale fall under the exclusive jurisdiction of the Commercial Court of Perpignan notwithstanding multiple defendants, appeal in cause, in warranty or summary proceedings
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