General Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale, hereinafter referred to as the “Terms,” are offered by Ouni Wahid whose registered office is located at 266 Avenue Chanoine-Côté, hereinafter referred to as WawoPaw.

The following terms shall mean:

“Website”: the website https://wawopaw.com and all of its pages, exclusively owned by the Company.

“Products” or “Services”: all products and services available for purchase or subscription on the Website.

“Seller”: WawoPaw, a legal or natural person offering its Products or Services on the Website.

“Customer”: any internet user, individual or professional, purchasing Product(s) or Service(s) on the Website.

“Consumer”: any individual acting for purposes that do not fall within their commercial, industrial, craft, or professional activity.

Any internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these Terms, print them, and/or save them on a durable medium before placing an order on the Website.

The Customer acknowledges having read and fully accepted these Terms.

Article 2 – Application of the Terms and Purpose of the Website

The Seller reserves the right to modify these Terms at any time by publishing a new version on the Website.

The Terms applicable to the Customer are those in effect on the date the order is placed on the Website.

Legal information regarding the hosting provider and publisher of the Website, the collection and processing of personal data, and the Website’s terms of use are provided in the Terms of Use, Legal Notice, and Privacy Policy of this Website.

This Website offers online sales of products related to the selected niche or sub-niche.

The Website is freely accessible to all Customers. Purchasing a Product or Service requires the Customer’s full acceptance of these Terms.

This acceptance may be confirmed, for example, by checking a box stating: “I acknowledge that I have read and accepted all of the Website’s Terms and Conditions.” Checking this box shall have the same value as a handwritten signature.

The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless proven otherwise, agrees not to contest them in the event of a dispute.

Any Product order implies full and unconditional acceptance by the Customer of these Terms, which prevail over any other document, including catalogs, advertisements, or notices, unless expressly agreed otherwise in writing by the Company.

Article 3 – Customer Service

Customer service for this Website can be reached by email at:

contact@wawopaw.com

The Customer must include their first name, last name, the subject of their request, and their order number in the email.

For any professional request, such as partnerships, media inquiries, or contract proposals, the Company may only be contacted by email at:

contact@wawopaw.com

Article 4 – Order Process and Purchase Description

The Products and Services offered are those listed in the catalog published on the Website. Each product includes a description prepared by the Seller based on the descriptions provided by the supplier.

Photos shown on the Website are non-contractual and may vary slightly from the actual products. These variations may be due to screen settings, camera settings, product lighting, shooting angle, and other factors.

The “Cart” refers to the virtual space that contains all Products or Services selected by the Customer before purchase.

To place an order, the Customer selects one or more Products from the Website catalog by clicking the “Add to Cart” button. On the “Cart” page, the Customer can review the order details and correct any errors before confirming the order.

On the “Information” page, the Customer must enter contact information and may choose to receive order updates by email.

On the “Shipping” page, the Customer must select one of the available shipping methods.

On the “Confirmation” page, the Customer must enter payment information and billing address. The Customer may also enter a promotional code if available.

A complete order summary will be displayed. The Customer may modify any part of the order before final confirmation. The Customer is responsible for any errors related to the order, products, or contact information.

The sale is validly concluded when the Customer confirms the order by clicking the final checkout button, accepts these Terms, and completes payment according to the chosen payment method.

The order validation date corresponds to the date on which full payment is received.

Article 5 – Prices and Payment Terms

Unless otherwise stated, prices shown in the catalog are listed in euros, including applicable taxes, excluding any handling and shipping fees.

WawoPaw reserves the right to reflect any change in applicable tax rates in the price of Products or Services. The Seller also reserves the right to modify prices at any time. However, the price listed in the catalog on the date of the order shall be the only price applicable to the Customer.

The Customer may place an order on the Website and pay by credit card, Apple Pay, or PayPal.

Credit card payments are processed through secure transactions provided by an online payment platform.

The Website does not have access to the Customer’s payment information. Payment is made directly to the bank or payment provider receiving the Customer’s payment.

WawoPaw will archive order forms and invoices on a reliable and durable medium. Computerized records shall be considered proof of communications, orders, payments, and transactions between the parties.

Article 6 – Shipping

Shipping fees will be indicated to the Customer before payment.

The Website does not have a geographic delivery limitation. Orders may be shipped worldwide.

Delivery times provided during checkout are for informational purposes only and may depend on postal delays or special circumstances preventing delivery, such as strikes, weather conditions, or other exceptional events.

Unless otherwise stated on the Website during the order process or in the Product description, the Seller undertakes to deliver Products within a maximum of thirty (30) days after the contract has been concluded with a Consumer Customer.

If a package is returned to the Seller by postal services or another carrier, the Seller will contact the Customer upon receipt of the returned package to determine how to proceed.

If the Customer mistakenly refused the package, they may request reshipment after paying the shipping fees for the new shipment. Shipping fees must be paid even if the original order included free shipping.

In case of a delivery error or exchange, any Product to be exchanged or refunded must be returned to the Seller in full and in perfect condition.

Any defect resulting from mishandling or improper use by the Customer cannot be attributed to the Seller.

If the tracking number shows that the package was delivered but the Customer did not receive it, customer service may request additional information and an official document from the carrier regarding the tracking claim.

The Seller will make every reasonable effort to ensure customer satisfaction, including, when appropriate, reshipping the Products at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) business days from the date of receipt of the Product to withdraw from the order.

The Customer must return any Product that does not meet their expectations and request an exchange or refund without penalties, except for return shipping costs.

The Product must be returned in perfect condition, sealed, and unused.

The Customer is advised to return the Product using a shipping method that includes tracking. If the returned package does not reach the Seller and no tracking is available, it may not be possible to investigate with postal services.

Refunds will be issued using the same payment method used for the original transaction, unless the Customer expressly agrees to another payment method.

The Seller reserves the right to delay the refund until the Product has been received or until the Customer provides proof that the Product has been shipped.

If the Products have decreased in value due to handling beyond what is necessary to establish their nature, characteristics, and proper functioning, the Customer may be held responsible.

Withdrawal Form

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

To:
Ouni Wahid
Postal address

I/we hereby notify you of my/our withdrawal from the contract for the sale of the goods listed below:

Order number:
First name / Last name:
Phone number:
Email address:
Postal address:

Reason for the claim:

Exchange: mention the desired product
Refund: provide complete banking information if required

Customer signature, only if this form is submitted on paper:
Date:

Article 8 – Product Warranty

The legal warranty of conformity applies independently of any commercial warranty that may be offered.

The Consumer may choose to apply the warranty against hidden defects of the sold item. In this case, the buyer may choose between canceling the sale or receiving a price reduction.

All items purchased on this Website benefit from applicable legal warranties.

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to be responsible for any lack of conformity existing at the time of delivery.

In case of a lack of conformity, the buyer may choose between repair and replacement of the item. However, the Seller may refuse the Customer’s choice if it involves a cost that is clearly disproportionate compared to the other option.

In case of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with an exchange.

If an exchange is impossible, for example due to stock shortage or discontinued Product, the Customer will be refunded the amount of the order.

Article 9 – Liability

The Seller, WawoPaw, cannot be held responsible for non-performance of the contract due to a force majeure event.

For Products purchased, the Seller shall not be liable for any indirect damages, loss of business, loss of profit, damages, or costs that may occur.

The choice and purchase of a Product or Service are the sole responsibility of the Customer.

The Customer expressly agrees to use the Website at their own risk and under their sole responsibility.

WawoPaw shall not be held responsible for:

direct or indirect damages, including loss of profits, loss of business, loss of customers, or data loss resulting from the use or inability to use the Website;

malfunction, access unavailability, misuse, poor configuration of the Customer’s device, or use of an uncommon browser;

the content of advertisements, external links, or third-party sources accessible from the Website.

The Seller’s liability cannot be engaged if the characteristics of the Products differ from the visuals displayed on the Website or if those visuals are incorrect or incomplete.

Article 10 – Force Majeure

Events beyond the control of the parties, which could not reasonably have been foreseen, avoided, or overcome, and which make the performance of obligations impossible, shall be considered force majeure events.

The occurrence of a force majeure event shall automatically suspend the execution of the order.

If the force majeure event continues for more than ninety (90) calendar days, either party may cancel the order and terminate the sales contract.

In this case, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Website belong to the Seller or a third party authorized by the Seller.

All texts, comments, works, illustrations, images, visuals, sounds, trademarks, logos, and other content reproduced on the Website are protected by copyright, trademark law, image rights, and patent rights.

No one is authorized to reproduce, exploit, redistribute, or use any element of the Website, even partially, without the prior written consent of the Company.

Any simple link or hyperlink is strictly prohibited without the Company’s express written approval.

Only private use of the Website is authorized, subject to any more restrictive legal provisions.

Any full or partial reproduction of the Company’s catalog is strictly prohibited.

Any reproduction, representation, or adaptation of logos, text content, pictograms, or videos is strictly prohibited and may be considered infringement.

Any Customer found guilty of infringement may have their account deleted without notice or compensation, without prejudice to any legal action that may be taken by the Seller.

Article 12 – Personal Data Processing

The Company collects Customer data for the following purposes:

to process and track the Customer’s order on the Website;

to contact the Customer regarding Company-related events, Product updates, and customer relationship management;

to collect information that helps improve the Website and Products, including through cookies.

The collected data is processed by the Website’s contractual service providers responsible for packaging and distributing ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall.

The collected data is retained only for the time necessary for the purposes listed above and, in any case, for no longer than five (5) years.

The Customer has the right to access, modify, correct, delete, or object to the processing of their personal data for legitimate reasons.

The Customer may exercise these rights by email at:

contact@wawopaw.com

Article 13 – Comments and Other User Submissions

If the Customer sends ideas, proposals, or other content, whether online, by email, by mail, or otherwise, collectively referred to as “comments,” whether requested by the Company or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use such comments in any media.

The Company is not required to:

keep comments confidential;

pay compensation for any comments provided;

respond to comments.

The Company may monitor, edit, or delete content that it considers, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, criminally reprehensible, or in violation of intellectual property rights or these Terms.

The Customer agrees that their comments will not violate third-party rights, including copyright, trademarks, privacy, personality rights, or other personal or property rights.

The Customer also agrees not to submit illegal, defamatory, offensive, obscene content, computer viruses, or other malicious software that could affect the operation of the Website.

The Customer is entirely responsible for the comments they publish and their accuracy.

The Company assumes no responsibility for comments published by the Customer or any third party.

Article 14 – Independence of Clauses

If any provision of these Terms is deemed illegal, void, or unenforceable, that provision shall be considered separate from the Terms and shall not affect the validity and enforceability of the remaining provisions.

These Terms replace all prior or contemporaneous written or oral agreements.

The Customer may not assign, transfer, or sublicense these Terms.

A printed version of these Terms and any notices provided electronically may be requested in judicial or administrative proceedings relating to these Terms.

The parties agree that all correspondence related to these Terms must be written in French.

Article 15 – Applicable Law and Mediation

These Terms and Conditions of Sale are governed by French law.

The Website reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or any purchase made with a prohibited, blocked, stolen, or falsified credit card.

If any clause of these Terms becomes invalid or unenforceable, this shall not affect the validity of the other provisions and shall not release the Customer from their contractual obligations.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, attorneys, suppliers, and employees from any claim or demand, including reasonable attorney fees and court costs, made by a third party due to or arising from your use of the Website or our Products and Services, your violation of these Terms, or your violation of your acknowledgments, agreements, representations, warranties, and obligations herein.

Any national or cross-border disputes concerning the validity, interpretation, performance, non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer’s request.

The European Commission platform may be used to submit an online mediation request with supporting documents.

Mediation is free for the Customer. If the Customer uses a lawyer, third party, or expert at any stage of mediation, the Customer will bear the related costs.

Participation in mediation does not prevent the parties from bringing the dispute before a competent court.

In case of a dispute before a judge, jurisdiction shall be assigned to the competent French court.

Parts Warranty

The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes any failure caused by an external factor.

Under these conditions, the Seller agrees to replace the defective part.

All rights reserved – July 1, 2022

Article 16 – SMS Policy

By consenting to WawoPaw’s SMS marketing at checkout, initiating a purchase, or subscribing through our subscription tools, you agree to receive recurring SMS notifications, including order notifications, abandoned checkout reminders, SMS marketing offers, and transactional text messages, including review requests from us.

This applies even if your mobile phone number is registered on a national or federal do-not-call list.

Message frequency may vary. Consent is not a condition of purchase.

To unsubscribe from SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link provided in one of our messages.

You understand and agree that alternative methods of opting out, such as using different words or requests, will not be considered a reasonable method of withdrawal.

We do not charge for the service, but you are responsible for any text messaging fees and charges imposed by your wireless provider. Message and data rates may apply.

For questions, reply HELP to the number from which you received the messages.

You may also contact us at:

https://wawopaw.com/pages/contact

or by email at:

contact@wawopaw.com

for more information.

We reserve the right to change any phone number or short code used to operate the service at any time. You will be notified in such cases.

You agree that any messages sent to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be required to honor requests made in those messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, for any errors in such information, or for any action you may or may not take in reliance on the information or service.

Your right to privacy is important to us. You may review our Privacy Policy at:

https://wawopaw.com/policies/privacy-policy

to understand how we collect and use your personal information.