www.wallaceparis.com (le « Site ») est édité par la Société Bennette,
société par actions simplifiée au capital de 1 000 €, dont le siège social
est sis 10 rue Claude Matrat 92130 Issy-les-Moulineaux, immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro 849 576 970 et dont le numéro de TVA intra-communautaire est FR50849576970 (ci-après « Bennette »).
ARTICLE 1 - Application of the general conditions of sale
The general terms and conditions of sale (the "GTC") detailed below apply to all product orders (the "Products") placed via the Site with Bennette by any person (the "Customer"). Prior to any order (the "Order"), the Customer must read the GTC. Bennette reserves the right, at any time and at its sole discretion, to change, modify, supplement or delete certain provisions of these GTC and the legal notice. The version of the GTC applicable to any sale is the one appearing online on the www.wallaceparis.com site at the time of the Order. Any new Order will be considered as full and complete acceptance of the modified GTC and legal notices.
ARTICLE 2 - Description of the Products - Information
The Products offered for sale are those described on the Site on the day of the consultation of the Site by the Customer, within the limits of available stocks. Each product is the subject of an information sheet accessible by clicking on the product photo. This sheet gives the essential characteristics: its designation, its size, its color and its price. The prices of the Products are indicated including all taxes (TTC). In the event of a change in the taxes applicable to the Products, Bennette reserves the right to apply any changes directly to the Products. Any Order placed by the Customer and accepted by Bennette may not be modified. Bennette reserves the right to change the Products and/or the characteristics of the Products at any time and without notice.
These indications are provided for information purposes only and are not exhaustive. The photographs are not contractual. In the event of an obvious error between the characteristics of the products and their representation on the Site or an updating error, regardless of its origin, Bennette shall not be held liable. In this regard, Bennette shall not be held liable for the cancellation of an Order for a Product due to the exhaustion of stocks.
Bennette takes the greatest care in the presentation and description of its Products to provide the best possible information to the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Bennette does not guarantee the accuracy or security of information transmitted or obtained through the Site. It is possible that the Customer may receive a piece of merchandise following an Order that was previously returned by another person. It is specified that Bennette only accepts the return of undamaged and unworn Products, these two conditions being checked before the returned Products are returned to stock.
ARTICLE 3 - Orders and Order Confirmation
3.01 Order Eligibility Criteria
The Customer may place an order for Products on the store, for delivery in metropolitan France and in Europe, for personal use of the Products, by the Customer or by the recipient(s) designated by the Customer. Any commercial use of all or part of the Products is forbidden.
3.02 Ordering Products and concluding the sales contract
Orders placed on the Web site are subject to compliance with the procedure set up by Bennette on the Web site, which includes successive steps leading to validation of the Order. The Customer may select as many Products as he or she wishes to add to the shopping cart (the "Shopping Cart"). The Shopping Cart shall contain a summary of the Products selected by the Customer, as well as the prices and fees associated with them. The Customer may freely modify the Shopping Cart before validating the Order. The validation of the Order shall constitute confirmation of the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated costs.
A confirmation e-mail summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Bennette. To this end, the Customer formally accepts the use of electronic mail for confirmation by Bennette of the contents of his/her Order. Invoices are available in the "my account" section of the Site. We invite you to read the terms and conditions for the processing of your personal data by Bennette by reading the legal notices.
3.03 Order Cancellation
Bennette reserves the right to refuse, at its sole discretion, the Order, including in the following cases:
(a) if the Product ordered by the Customer is sold out or no longer available,
(b) if the Customer's credit card issuer refuses to authorize payment of the purchase price,
(c) if Customer does not meet the above eligibility criteria for the Product Order,
(d) in the event of a breach of all or part of the Customer's obligations,
(e) in case of incorrect or incomplete delivery information,
(f) if the Order is abnormal for any reason.
ARTICLE 4 - Transfer of ownership and risks
4.01 Transfer of ownership of the Products The right to use the goods shall be transferred to the Customer upon full payment of the price of the Order.
4.02 Transfer of Risk. When Bennette is responsible for shipping the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of delivery. By exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the carrier is entrusted with the transportation by the Customer and not by Bennette.
ARTICLE 5 - Terms of delivery of the Products
5.01 General Provisions.
The Products are delivered to the delivery address indicated by the Customer when placing the Order. Deliveries are only made to Metropolitan France, Monaco, Corsica and the following European countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom. Orders indicating an address with a single post office box cannot be taken into account.
Any Order delivered outside of France may be subject to possible taxes and mandatory customs duties during delivery, which are the sole responsibility of the Customer. Bennette is not required to check and inform the Customer of the applicable customs duties and taxes. To find out about them, Bennette advises the Customer to contact the competent authorities in his/her country.
5.02 Delivery times
Bennette does not deliver on Saturdays and Sundays. Any Order placed from Friday afternoon to Sunday evening will be processed on the following Monday.
5.03 Importance of delivery data
The accuracy of delivery data (delivery address and any details required for delivery) is essential. Any error or inaccuracy in the delivery address (street/venue/block number, identity of the recipient, identity of the company in the case of delivery to the workplace, code, intercom, etc.) may make delivery by the carrier impossible. In the event that it is impossible to deliver the Order to the recipient due to the incomplete or inaccurate nature of the delivery address provided:
(a) Bennette reserves the right to contact the recipient directly by telephone in order to complete the missing delivery information and other details required for proper delivery.
(b) The Customer acknowledges that the Products will be returned directly to Bennette and that the Order cannot be refunded. Any reshipment will be at the Customer's expense.
Article 6 - Complaints
6.01 Wallace Paris attaches particular importance to customer satisfaction.
6.02 Upon receipt of the package, we invite you to ensure the conformity of the delivery with your Order.
6.03 If the Products you have ordered are delivered to you damaged or defective or if the Products received do not correspond to the Products listed in the final Order Confirmation, you may make a claim by indicating your precise, dated and signed reservations either directly on the delivery slip or, at the latest, within twenty-four (24) hours following receipt of the Order, by contacting our customer service department :
- par courrier : SAS BENNETTE 10 rue Claude Matrat – 92130 Issy-les-Moulineaux
- by email : contact@wallaceparis.com
6.04 All requests for refunds or exchanges must be accompanied by the following: (i) the purpose of the request (e.g., partial/full refund or exchange), (ii) the reason for the return, (iii) proof of the loss suffered (photographs, shipping bill, etc.), (iv) a copy of the Order Confirmation e-mail indicating the Order reference number, (v) the delivery slip, and (vi) a list of the Products returned.
6.05 After analysis and acceptance of the complaint by Wallace Paris, you may return the Products that are the subject of the complaint, together with the delivery documents, under conditions that will be communicated to you by Wallace Paris after acceptance of the complaint.
Wallace Paris:
- refund the full price of the Order (including the shipping costs you incurred for the initial delivery of the Products and the cost of returning the Products upon presentation of a receipt), or
- will then ship you replacement items free of charge and reimburse you for the cost of returning the Products upon presentation of a receipt.
If you are returning the Products by mail, please also provide us with receipts showing the return shipping costs incurred if you are requesting a full refund.
Article 7 - Prohibitions
7.01 Use for commercial purposes (including sale of all or part of the Products) and processing of the Products is prohibited.
Article 8 - Right of withdrawal
8.01 The Customer has a period of fourteen (14) days from the receipt of the Product to exercise his right of withdrawal from Wallace Paris, without having to justify his reasons or pay any penalty. The Customer may then request an exchange (subject to availability) or a refund of the Product concerned. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
8.03 The right of withdrawal can be exercised on plain paper or using the withdrawal form attached to the GTC.
8.04 The Products shall be returned to SAS BENNETTE within fourteen (14) days following the notification of the Customer's decision to withdraw, accompanied by the purchase invoice, in their original packaging and in perfect condition allowing them to be marketed again in new condition. Damaged, soiled or incomplete Products will not be accepted.
8.05 Les retours doivent être expédiés à l’adresse suivante : SAS BENNETTE, 10 rue Claude Matrat – 92130 Issy-les-Moulineaux
8.06 In the event that the right of withdrawal is exercised in the aforementioned terms, only the price of the Product(s) purchased and the delivery costs will be reimbursed, with the cost of returning the Product(s) remaining the responsibility of the Customer.
8.07 The exchange (subject to availability) or refund will be made within fourteen (14) days from the receipt by Wallace Paris of the Products returned by the Customer under the conditions of this article.
Article 9 - Warranty
9.01 Wallace Paris guarantees that, on the day of delivery, the Products comply with (i) the Order and (ii) the regulations in force in France. Wallace Paris therefore offers the legal warranties of conformity and hidden defects according to the following terms.
(a) Legal warranty of conformity
In accordance with Article L.217-4 and following of the Consumer Code, the Customer may, in the presence of a non-conforming product, request within a period of two years from the delivery of the goods, the repair or replacement of the non-conforming product.
(b) Warranty for hidden defects
Wallace Paris shall also be bound by the legal warranty for hidden defects affecting the Products delivered and rendering them unsuitable for the use for which they were intended, in accordance with the conditions set forth in Articles 1641 to 1649 of the French Civil Code, provided that the Client proves the hidden defect and takes action within a period of two years as of the discovery of the defect.
In the event that the warranty for hidden defects is invoked, the Customer may choose between rescission of the sale or a reduction in the purchase price.
9.02 These guarantees can be exercised by contacting Wallace Paris customer service at the address indicated in article 13 below.
Article 10 - Liability
10.01 Each party shall be liable for direct, foreseeable and proven damages resulting from a breach of its obligations hereunder.
10.02 Neither party shall be liable for consequential damages within the meaning of French jurisprudence.
10.03 Wallace Paris shall not be held responsible for any non-performance or delay in the performance of any of its obligations as described in the GTCs that is due to force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code, as well as all risks related to bad weather (including extreme heat), war, riots, fire, strikes, accidents and the impossibility of being supplied, in particular in the event of the failure, whatever the cause, of one of its suppliers or delivery services.
Article 11 - Completeness
If any provision of the T&Cs is held to be invalid or unenforceable pursuant to any law, regulation or final decision of a court of competent jurisdiction, such provision shall be modified to make it valid or shall be deemed unwritten but shall not invalidate or render void the remaining provisions of the T&Cs which shall remain in full force and effect.
Article 12 - Applicable law - Jurisdiction
12.01 The GTC are governed exclusively by French law.
12.02 In the event of a claim not amicably resolved by the Parties, and in accordance with Article L.612-1 of the Consumer Code, the Customer may have recourse to a mediation service free of charge. The mediation service may be called upon for any consumer dispute which has not been resolved.
The Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http: //ec.europa.eu/consumers/odr/.
In the absence of amicable resolution, any dispute relating to the interpretation of the GTC, the execution or the breach of a sale, the interpretation, the execution or the termination of the present contract shall be submitted to the legally competent courts.
Article 13 - Contact us
You can contact us at the following addresses:
- SAS BENNETTE – Service Clients Wallace Paris, 10 rue Claude Matrat – 92130 Issy-les-Moulineaux ;
- Email: contact@wallaceparis.com.
APPENDIX - SAMPLE WITHDRAWAL FORM
(Complete and return this form and the order number only if you wish to exercise your right of withdrawal).
- A l’attention de SAS BENNETTE – Service Clients Wallace Paris – 10 rue Claude Matrat – 92130 Issy-les-Moulineaux
E-mail: contact@wallaceparis.com
I hereby notify you of my withdrawal from the contract for the sale of the goods not listed below:
Ordered on .................(date of order) and/or received on .................(date of delivery)
Name of the Consumer Client :
Consumer Customer Address:
Signature of the consumer customer (only in case of notification of this form on paper)
Date: