TERMS OF SALES
Terms of Sales
These general conditions of sale apply to all sales concluded on the website https://www.windyl.fr subject to the special conditions indicated in the product presentation.
ARTICLE 1: Obligatory information
The website https://windyl.fr is a service of:
· Windyl SAS with a share capital of 20,000 euros
· THONON the BATHS
· LA FRANCE
· 848 827 135 RCS
ARTICLE 2: Essential characteristics of products and services sold
The website https://windyl.fr sells:
The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of your order is therefore valid for acceptance of the general conditions of sale.
ARTICLE 3: Price
The prices of our products are indicated in Euros all taxes included (TTC) except for Switzerland where our prices are expressed in HT (the VAT and customs taxes being paid on reception of the goods).
In the case of an order delivered in a country other than metropolitan France, the customer is the importer of the products he buys. For all products shipped outside the overseas collectivities or the European Union, the invoice is established on the price excluding taxes. The customer is solely responsible for declarations and payments of any customs duty or other tax that may be payable in his country.
Shipping costs are not included in the price. The order form indicates the amount of delivery charges before placing an order.
ARTICLE 4: Product Availability Time
The available products appear on our site accompanied by the mention "available". In order to best meet the expectations of our customers, the availability of our products is regularly updated on our website.
If you ordered an unavailable product after the validation of your order, you will be informed immediately. We will cancel your purchase. If the amount has already been charged, you will be refunded immediately.
ARTICLE 5: Order
You can order our products directly on our website
To place an order on our site, choose your items and add them to the cart. Validate the contents of your cart. Depending on the case :
If you already have a customer account on our site, please login.
If you do not have a customer account on our site, please create one.
Check the box "delivery" to validate it.
Choose a delivery method according to your order.
Check the "payment" box to honor your online order.
Choose your method of payment and tick the box "Acceptance of Terms and Conditions".
Confirm your payment.
You will receive an e-mail confirming your order on the e-mail address you specified when creating your customer account.
Check the details and the total amount of your order. Correct beforehand any errors before acceptance.
The transfer of ownership of the product will take place only after full payment of your order.
ARTICLE 6: Delivery
We proceed to the delivery of our products in Europe. Delivery takes place at the address indicated by the buyer.
We offer several delivery methods. They vary depending on the characteristics of the product purchased.
The cost of deliveries varies depending on the type of delivery whose costs are automatically estimated at the time of your payment.
Delivery times are indicative. They can evolve because of different factors.
Standard delivery for Europe (U.E. and excluding U.E.) and additional charges may be applied for heavy and bulky products, so delays may be extended by a few days. (average time observed 3 to 5 days for Europe)
ARTICLE 7: Return Policy
In the case of a return for defective or incomplete order, the cost of returns will be refunded after finding the anomaly.
In the case of a request for exchange or refund, the shipping costs are the responsibility of the customer.
In all cases the items must be returned in their new condition, in their packaging, accompanied by the invoice (or a copy) and a word explaining the reason for the return.
Attention: the customer is asked to return his order by a shipping method that can justify the shipment and allowing traceability so with a tracking number, with or without signature on delivery.
ARTICLE 8: Terms of payment
Several means of payment are accepted. As a customer, you can pay by: Credit card, Paypal.
We accept payments by credit card / visa / master card / eurocard. When you pay online, indicate the number of your credit card, its expiry date and the 3 numbers on the back of it. Online payment is secure.
We require full payment of the order.
ARTICLE 9: Right of withdrawal
In accordance with Article L121-20 of the Consumer Code, you have a right of withdrawal to exercise within seven working days from receipt of the article. You do not have to justify reasons or pay any penalties other than the cost of return;
Upon receipt of the product or the day of acceptance of the offer, you have a right of withdrawal of 14 working days, ie 7 days longer than that provided by the French legislation.
The right of withdrawal does not apply for products made according to your specific indications and for personalized products. Also excluded from the right of withdrawal are products that are inherently perishable, can not be reshipped (such as downloads) or may be damaged.
Re-dispatch the product within the time period mentioned above.
The goods must be returned to the following address, the cost of return is your responsibility: Windyl SAS 19B deadlock Thuyset 74200 Thonon baths.
In order for our returned product to be marketable again, you agree to return it to us in its original packaging and in perfect condition. The packaging can be opened and the article used as long as it can be marketed.
ARTICLE 10: Warranty and right of return of the product (hidden defect or defect)
You benefit from the legal guarantee of conformity and thus from an application of the article L211-4 of the Code of the consumption which states that:
"The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. "
"It also responds to the lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. "
The guarantee is applicable to our new products having a defective character (lack of functionality, product unfit for the use to which you can expect, absence of the characteristics presented on line, partial or total dysfunction of the product, breakdown of the product) and this, even in the absence of a contractual guarantee.
A lack of conformity may appear up to 6 months after the transaction. Its existence is presumed on the day of the delivery of the good and you do not have to demonstrate the existence of the lack of conformity.
In the case of a lack of conformity, we commit ourselves to:
replace the product (as far as possible)
make use of the manufacturer's guarantee
In the event of failure in the performance of our obligation or in the event of a major defect, we undertake to reimburse you the totality of the price paid or a part of the price if you wish to preserve the product.
The presumption of lack of conformity no longer applies if it appears after 6 months following the sale and before 2 years. You must report the proof of the defectiveness of our product.
In case of hidden defect of your product, you benefit from the legal guarantee of hidden defects of articles 1641 to 1649 of the Civil Code. It applies to all our products. This warranty applies when the defect renders the product unfit for use or when it reduces its use to such an extent that you would not have bought it or paid for it at a lower price. The warranty against hidden defects only applies when the defect is prior to the sale. You have a period of 2 years from the discovery of the vice to act.
If there is a defect, we will replace your product or refund you as soon as possible.
ARTICLE 11: Conditions and repayment terms
The refund of the products is integral. It is carried out either by PayPal or by transfer as soon as possible and at the latest within 30 days from the date of exercise of the right of withdrawal.
We will inform you by email of the reception of the article (s) and after a processing delay of 5 to 7 working days, we will proceed to the repayments in the next 30 days maximum.
The return address is: SAS WINDYL 19B Impasse thuyset 74200 THONON LES BAINS
The cost of returns are the responsibility of the customer.
ARTICLE 12: Consumer Claims
Any complaint from the consumer is to be sent by post to the address mentioned opposite Windyl SAS 19B impasse thuyset 74200 Thonon baths or electronically to firstname.lastname@example.org
ARTICLE 13: Intellectual Property
All comments, images, illustrations of our site are exclusively reserved. Under intellectual property and copyright, any use is prohibited except for private use.
Without prior permission, any reproduction of our site, whether partial or total, is strictly prohibited.
ARTICLE 14: Liability
Pursuant to Article 1147 of the Civil Code, we undertake our contractual liability as of right in your case in case of non-performance or improper performance of the contract concluded.
However, our contractual liability can not be engaged in the situations mentioned below:
case of force majeure;
a foreigner who can not be imputable to us;
The photographs / illustrations / images of our site have no contractual value. They can not therefore engage our responsibility.
ARTICLE 15: Personal data
Certain information relating to the customer will be transmitted to the seller (namely the name, first name, address, postal code and telephone number), in order to allow the processing and delivery of the ordered products.
The commercial offers of the site will be sent to the customer by SMS / mail / telephone / post if no opposition has been issued. The customer can at any time oppose the commercial offers at no cost by connecting to his personal space.
The information relating to the customer may be transmitted to commercial partners of the site, unless he objects to it.
The site assures the customer collection and processing of personal information in respect of privacy in accordance with the law n ° 78-17 of January 6, 1978 relating to data, files and freedoms. The site is declared to the CNIL.
Under articles 39 and 40 of the law dated January 6, 1978, the customer has a right of access, rectification, deletion and opposition of his personal data. The customer exercises this right via:
his personal space
a contact form
by mail to email@example.com
by post at 19B impasse thuyset 74200 THONON LES BAINS
ARTICLE 16: Competent Jurisdiction and Applicable Law
In case of dispute between the consumer customer and our company, the applicable law is the French law / indicate the applicable law.
The French courts have sole jurisdiction to settle the dispute.
1. Presentation of the site
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the site http://windyl.fr identity of the various stakeholders in the framework for its implementation and monitoring
Owner: Windyl - SAS - 19 B thuyset impasse 74200 Thonon les bains
Creators: Femolant Anthony, Brunet Christophe
Managers publication: Femolant Anthony, Brunet Christophe - firstname.lastname@example.org
The publication manager is a natural person or a legal person.
Webmaster: Prestashop - email@example.com
Host: So You Start - 2 rue Kellermann 59100 Roubaix
So you start (Host)
Prestashop (Development Software)
2. General conditions of use of the site and services offered.
The use of the site http://windyl.fr implies full acceptance of the terms and conditions described below. These conditions of use may be modified or supplemented at any time, users of the site http://www.windyl.fr are therefore invited to consult them regularly.
This site is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by Windyl, who will then endeavor to communicate before users the dates and times of the intervention.
the site "http://windyl.fr" is updated regularly by Femolant Anthony and Brunet Christophe. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves to the user who is invited to refer to it as often as possible in order to take note of it.
3. Description of services provided
The site http://windyl.fr/ is intended to provide information on all of the activities of the company.
Windyl strives to provide the site "http://windyl.fr/" information as accurate as possible. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether by its fact or by the third party partners who provide this information.
All the information indicated on the site "http://windyl.fr/" are given as an indication, and are likely to evolve.In addition, the information on the site "http://windyl.fr/ are not exhaustive. They are given subject to modifications having been made since they went on line.
4. Contractual limitations on technical data
The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing any viruses and with a browser of last generation up-to-date.
5. Intellectual property and counterfeits
Windyl owns the intellectual property rights or has the rights to use all the elements available on the site, including text, images, graphics, logos, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with prior written permission of: Windyl.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.
6. Limitations of liability
Windyl can not be held liable for any direct or indirect damage to the user's equipment when accessing the www.windyl.fr site, and resulting from the use of equipment that does not meet the specifications indicated in point 4, either the appearance of a bug or an incompatibility.
Windyl can not also be held responsible for indirect damages (such as for example a loss of market or loss of a chance) resulting from the use of the site "http://windyl.fr/"
Interactive spaces (possibility to ask questions in the contact area) are available to users. Windyl reserves the right to remove, without prior notice, any content posted in this space that would violate the applicable law in France, especially the provisions on data protection. If applicable, Windyl also reserves the right to question the user's civil and / or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text , photography…).
7. Management of personal data
In France, personal data is protected in particular by the law n ° 78-87 of January 6th, 1978, the law n ° 2004-801 of August 6th, 2004, the article L. 226-13 of the Penal Code and the European Directive of the October 24, 1995.
On the occasion of the use of the site "http://windyl.fr/", can be collected: the URL of the links through which the user has accessed the site "http: //www.windyl. en / ", the user's access provider, the user's Internet Protocol (IP) address.
In any case Windyl only collects personal information about the user for the need of certain services offered by the site "http://windyl.fr/". The user provides this information with full knowledge of the facts, in particular when he proceeds to input them himself. It is then specified to the user of the site "http://windyl.fr/" the obligation or not to provide this information.
In accordance with the provisions of Article 38 et seq. Of Law 78-17 of 6 January 1978 relating to data, files and freedoms, all users have a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent.
No personal information of the user of the site "http://windyl.fr/" is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to others. Only the assumption of redemption Windyl and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the site. http://windyl.fr/ "
The site is not declared to the CNIL because it does not collect personal information.
The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Hypertext links and cookies
The site "http://windyl.fr/" contains a number of hypertext links to other sites, set up with the permission of Windyl. However, Windyl does not have the ability to verify the content of the sites visited, and will not assume any liability as a result.
The navigation on the site "http://windyl.fr/" is likely to cause the installation of cookie (s) on the computer of the user. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance.
The refusal to install a cookie may result in the impossibility of accessing certain services. The user can however configure his computer as follows, to refuse the installation of cookies:
In Internet Explorer: tool tab (pictogram in the form of a cog in the upper right corner) / internet options. Click Privacy and choose Block all cookies. Validate on Ok.
In Firefox: at the top of the browser window, click the Firefox button, then go to the Options tab. Click on the Privacy tab.
Set the Storage Rules to: use the custom settings for the history. Finally uncheck it to disable cookies.
Under Safari: Click on the top right of the browser on the menu pictogram (symbolized by a cog). Select Settings. Click Show Advanced Settings. In the "Privacy" section, click Content Settings. In the "Cookies" section, you can block cookies.
Under Chrome: Click at the top right of the browser on the menu icon (symbolized by three horizontal lines). Select Settings. Click Show Advanced Settings. In the "Privacy" section, click Preferences. In the "Privacy" tab, you can block cookies.
9. Applicable law and jurisdiction
Any dispute in connection with the use of the site "http://windyl.fr/" is subject to French law. It is made exclusive jurisdiction to the competent courts of Paris.
10. The main laws concerned
Law n ° 78-17 of January 6, 1978, notably modified by the law n ° 2004-801 of August 6, 2004 relating to data processing, files and freedoms.
Law No. 2004-575 of 21 June 2004 on confidence in the digital economy.
User: Internet user connecting, using the aforementioned site.
Personal information: "information that allows, in any form whatsoever, directly or indirectly, the identification of natural persons to which they apply" (Article 4 of Law No. 78-17 of 6 January 1978).