General conditions of sale

These General Conditions of Sale are applicable in the event of the sale of products by a professional seller to a consumer. The sale is defined by Article 1582 of the Civil Code as an agreement by which one undertakes to deliver something, and the other to pay for it.

These General Conditions incorporate the provisions of Order No. 2016-301 of March 14, 2016 relating to the legislative part of the Consumer Code.

As a reminder, the aforementioned order defines a consumer as any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.

By Professional, it means any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional.

The non-professional, for his part, is defined as any legal person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.

Article 1 – Definitions

Client

Non-professional buyer who purchases Products from the Seller.

A non-professional Buyer is understood to mean, on the one hand, the consumer, i.e. any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and, on the other hand, the non-professional, i.e. any legal person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.

Seller

Sales professional who offers Products for sale to Customers.

Within the framework of these general conditions of sale, the Seller designates the sole proprietorship OWAÏ, registered with the RCS of TOULOUSE under number 389 512 096 RCS Toulouse on October 27, 2020 and domiciled at 13 rue Sainte Ursule 31000 Toulouse.

Order

Document used by the Customer to purchase Products.

It specifies in particular the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the terms of delivery of the Products, the date or delivery times of the Products.

The Seller has 24 hours to accept the Order and return a copy to the Customer.

Products

All Products offered for sale by the Seller appearing in the Seller's catalogs.

These catalogs describe the Products, present their characteristics and determine the corresponding prices. These Products comply with the regulations in force in France and have performances compatible with the uses of the Customers.

Article 2 – Pre-contractual information communicated to the customer

The Customer acknowledges having received, prior to any purchase of a Product, in a legible and comprehensible manner, these General Conditions of Sale and all legal information, in particular information relating to:

• The essential characteristics of the Products,
• The price of the Products and additional costs,
• The date or period by which the Seller undertakes to deliver the Product,
• Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,
• The Seller's company name, the geographical address of its establishment and, if different, that of its head office, its telephone number and its email address,
• The terms of payment, delivery and execution of the Products, as well as the terms provided by the Seller for the processing of complaints,
• Information relating to legal and contractual guarantees and their methods of implementation,
• The possibility of resorting to conventional mediation in the event of a dispute under the conditions provided for by the Consumer Code.

Article 3 – Purpose

The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Seller supplies the Products to the Customer. They apply, without restriction or reservation, to all purchases of Products made by the Customer.

The provisions of Article L 212-1 of the Consumer Code are recalled, which provides:

"In contracts concluded between professionals and consumers, clauses are abusive which have the object or effect of creating, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract.

The unfairness of a clause is assessed by referring, at the time of conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed in the light of those contained in another contract when the two contracts are legally linked in their conclusion or execution.

The assessment of the abusive nature of the clauses within the meaning of the first paragraph does not concern the definition of the main object of the contract, nor the adequacy of the price or remuneration for the good sold or the service offered, provided that the clauses are drafted in a clear and comprehensible manner.

From the time of their acceptance by the Customer, the General Conditions apply to all Products purchased by the Customer, to the exclusion of any other document.

Consequently, these General Conditions replace and cancel all declarations, prior negotiations, commitments of any nature, communications, oral or written, acceptances and prior agreements entered into between the Seller and the Customer.

The Customer declares having accepted these General Conditions in their entirety before any purchase of Product.

Please note that Article L.114-1 of the Consumer Code states:

“The general conditions invoked by one party shall only have effect with respect to the other if they have been brought to the attention of the latter and if the latter has accepted them.

In the event of a discrepancy between the general conditions invoked by one or the other of the parties, the incompatible clauses shall be without effect.

These General Conditions of Sale have a duration of 10 years (TEN YEARS) from their acceptance by the Customer.

They may be subject to subsequent modifications, in particular to take into account legislative and regulatory developments, the version applicable to the purchase of Products by the Customer being that in force on the date of acceptance of the Order by the Seller under the conditions set out below.

Article 4 – Process of purchasing products via orders

The Customer purchases the Products by issuing Orders.

These orders are issued through the website “owai.fr”

They will be sent by the Customer to the Seller as and when the Customer requires them.

The sales contract will only be considered final after acceptance of the Order by the Seller and return of a copy of the Order to the Customer and after receipt by the Seller of the full price of the Products.

The General Conditions of Sale and the Orders form an indivisible whole.

In any event, the General Conditions of Sale cannot constitute an order or impose an obligation on the Customer to order Products.

Article 5 – Price of products

The Seller undertakes to comply with all regulations applicable to consumers and commercial practices.

Prices are expressed on the product sheets in Euros and net (VAT not applicable, article 293B of the general tax code) and in the purchasing tunnel and the invoice in Euros net (VAT not applicable, article 293B of the general tax code)

These prices are firm and not subject to revision during their period of validity, as indicated in the Product catalog.

The Customer may benefit from the discounts and rebates appearing in the aforementioned Product catalog depending on the number of Products purchased.

Article 6 – Conditions of payment for products

The Products are payable in cash upon actual Order.

Payment for purchases is made by means of a payment card or via a Paypal account.

The payment cards accepted are: CB, VISA and MASTERCARD via the STRIPE system.

The STRIPE payment system used makes it possible to secure online payments through a process of encrypting banking data.

By using the STRIPE system offered by the Seller, the Customer expressly acknowledges that the communication of his bank card number constitutes authorization to debit his account up to the price of the Products ordered.

It is expressly stated that the financial data communicated by the Customer using the STRIPE system does not pass through the Seller's computer system.

In order to facilitate the process of future Orders, the Customer is offered a system for saving their banking data.

In the event of an agreement expressly communicated by the Client in this sense, the banking data is stored on the server of the company STRIPE in encrypted form only and is only kept for the duration strictly necessary for the management of the customer relationship.

Saving the Customer's banking information is not mandatory to order on the Site.

Payment information is transmitted according to the highest security standards, using the Secure Socket Layer protocol system.

The STRIPE system systematically checks the security of the Client's connection before sending the payment form to the banking institution carrying out the transaction.

The company STRIPE which owns the STRIPE system is a technical service provider.

Consequently, the company STRIPE does not handle disputes relating to Orders, the latter being processed by the Seller, in accordance with these General Conditions of Sale.

The Seller will not be required to deliver the products ordered by the Customer if the price has not been paid in full in advance.

No discount will be applied by the Seller for payment before shipment of the products ordered.

In the event of non-payment by the Customer of all or part of the price of the Order, the Seller reserves, until full payment, a right of ownership over the products sold, allowing it to repossess said products.

Article 7 – Delivery of products

The Seller undertakes to ensure that the Products delivered comply in all respects with the Order, with the rules of the art, with legal and regulatory obligations and with the French and European standards in force.

Furthermore, the Seller is liable for any lack of conformity existing upon delivery of the Product.

Any lack of conformity which appears within twenty-four months from delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

The packaging, loading and wedging for the transport of the Products as well as the unloading at the place of delivery, other than that defined by the Seller, will be carried out by the Customer at its own expense and under its own responsibility.

The Seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in its charge or has been carried out under its responsibility.

The Seller will deliver the Products to the Customer in accordance with the terms defined in the corresponding Orders and on the date or within the period specified in said Orders.

DELIVERY PART

2 delivery methods are available, according to the following rates:

Dry hot water bottles:

Tracked mail - €5 net (VAT not applicable, article 293B of the general tax code)

All other products:

Colissimo without signature – €5 net (VAT not applicable, article 293B of the general tax code)

In the event of non-compliance of the Products with the rules of the art or with the Order, the Customer may ask the Seller, by email, to make a new delivery of the Products in accordance with the provisions contained in the Order within a reasonable period.

The transfer of ownership of the Products to the Customer will occur upon full payment of the price by the Customer and the transfer of risks of loss and deterioration will occur upon delivery of the Products.

Article 8 – Legal guarantees on products

The Customer acknowledges having been informed, even before the issue of any Order and declares that he/she is fully aware of the legal guarantees, from which he/she benefits as of right and without additional payment on the Products, namely:

• The legal guarantee of conformity provided by the Consumer Code for Products that are apparently defective, damaged or damaged or do not correspond to the Order and allows you to obtain, within two years of delivery of the Product, free of charge, the repair or replacement of the Product.
• The legal guarantee against hidden defects provided for by the Civil Code, arising from a material, design or manufacturing defect affecting the Product delivered and making it unfit for use, under which the Customer may request, within two years from the discovery of the defect, total or partial reimbursement of the Product which has proven to be unfit for use.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the time limits referred to above and return the defective Products in the condition in which they were received with all the elements, including accessories, packaging, and instructions.

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective. In the event of delivery, shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible following the Seller's discovery of the lack of conformity or hidden defect.

The Seller shall not be held liable in the event of improper use of the Product, use not in accordance with the instructions for use provided where applicable by the Seller, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product or failure in the event of an accident.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

Any request relating to the Products must be made to the address given in Article 15 (Election of domicile).

Article 9 – Intellectual property and counterfeiting guarantee

Seller obtains all intellectual property rights and necessary permissions relating to the Products and associated documentation and warrants that the Products and associated documentation do not infringe the intellectual property rights or any other rights of any third party.

The sale of the Products does not confer any rights on the Customer over the brands or distinctive signs affixed by the Seller to the Products and the associated documentation.

Furthermore, the Seller remains the owner of all intellectual property rights, in particular, over photographs, presentations, studies, drawings, models, prototypes produced as part of the supply of the Products.

Consequently, the Customer is prohibited from any reproduction or exploitation, in particular of said photographs, presentations, studies, drawings, models and prototypes, without the express, written and prior authorization of the Seller.

Article 10 – Assurance

The Seller declares that it holds an insurance policy guaranteeing the financial consequences of the implementation of its tortious or contractual liability which may be incurred in the context of the sale of the Products.

Article 11 – Compliance with the General Data Protection Regulation

In accordance with the new legislation in force and in particular the General Data Protection Regulation, the Seller undertakes to protect the privacy of Customers using its website and to ensure the security and confidentiality of its Customers' personal data, in particular by taking all useful precautions to prevent this data from being distorted, damaged or accessed by unauthorized third parties.

The Seller acts as the controller of personal data and the free movement of such data.

The personal data of Customers may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, are involved in data processing.

All information collected is only used in the context of the Customer's commercial relationship with the Seller and is never shared with third parties or resold.

Customers’ personal data is collected for the following purposes:

• Management and processing of Orders (order, delivery, invoicing, order tracking, returns and refunds, etc.)
• Customer Relationship Management
• Strengthening and improving the communication of the Seller's Website by sending, in particular, newsletters and special offers based on the Customer's preferences noted on the Site
• The improvement and personalization of the services and offers proposed to the Client

In accordance with the GDPR, the Client has the right to access, rectify and oppose personal data concerning him/her under the conditions provided for by the law and regulations in force.

To exercise one or more of the aforementioned rights, the Customer must send a request by mail to the Seller's Customer Service.

Each request must be accompanied by a photocopy of an identity document bearing the Client's signature and specify the reply address.

The Customer accepts that the Seller may send him information relating to the Products and commercial offers by email or text message, subject to prior acceptance.

The Customer has the option at any time to object to these commercial prospecting mailings free of charge by clicking on the “unsubscribe” link in each email, by replying STOP by SMS or by making a request to Customer Service.

When consulting the Site, information relating to the navigation of the terminal may be recorded in “Cookies” files.

The Seller issues these cookies in order to facilitate the Customer's navigation on the Site.

They may also be issued by the Seller's partners in order to personalize the advertising offer sent outside the Site.

These cookies are only installed after acceptance by the Customer, continued browsing on the website being deemed acceptance.

The Customer may object to the use of these cookies by configuring their browser or by modifying the authorizations given via the cookie management link present at the bottom of each of the Seller's sites, knowing that access to certain services may require prior acceptance of cookies.

Article 12 – Right of withdrawal

The Customer has a period of 14 (FOURTEEN) days to exercise his right of withdrawal and make a return request for the Product(s) he has ordered.

The withdrawal period runs from the date of delivery of the Products to the delivery address indicated by the Customer, and in the absence of the latter, from the date of first presentation of the package containing the Products.

The Customer then has a period of 16 (SIXTEEN) days to return their package, by post, by carrier or by Collection Point to the following address indicated in article 15 of these general conditions of sale.

Returns are free for the Customer, provided that the delivery slip issued by the latter's Customer Service is returned to the Seller.

Any return made by the Customer without using the delivery slip issued by the Seller will be entirely at the Customer's expense.

The product(s) must be returned in their original packaging, in perfect condition for resale and accompanied by the invoice.

In the event of damage to the packaging or the product, the Seller may refuse the return, replacement or refund.

Any refund is excluded in the event that the product was returned damaged, already worn, or already washed.

As recalled in article 9 of these general conditions of sale, customizable Products are expressly excluded from the right of withdrawal, under article L.121-21-8 of the Consumer Code.

Article 13 – Applicable law

The contractual relations between the Customer and the Seller are governed by French law.

Any difficulty arising from the execution, interpretation or termination of these General Conditions of Sale and the Orders resulting therefrom, or more generally from the commercial relationship between the Seller and the Customer, not resolved amicably, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he has the option of resorting to conventional mediation, in particular under the aegis of the Consumer Mediation Evaluation and Control Commission, under the conditions provided for in the Consumer Code.

Article 14 – Election of domicile

For the purposes hereof, the Seller elects domicile at the following address:

OWAÏ / YUWA Company

160 Great Britain Avenue

31300 Toulouse

Article 15 – Contractual documents

The contractual relations between the Client and the Company are governed by the following documents, classified in the following ascending hierarchical order:

• The General Conditions of Sale and their possible annexes (including the Order model)
• The Orders

Under the provisions of Article 1119 of the Civil Code:

"In the event of a discrepancy between general conditions and specific conditions, the latter shall prevail over the former."