TERM AND CONDITIONS OF SALE

Update January 20nd, 2019

 

PREAMBLE

The trade website « www.wenhuaduverge.com » (hereinafter referred to as the “Website”) is an electronic commerce website accessible via the internet and open to all users of the network (hereinafter referred to as "Internet User"). It is published by the company SARL MA WENHUA, French limited liability company, with a capital of 60.000 Euros, whose head office is situated at 31, rue de l’Abbé Groult, 75015 Paris, registered at Paris Trade and Company Register Number 808659825 00018 (hereinafter referred to as « Company ») with the Intercommunity VAT Number :

FR78 808659825

Tel. : 0033 (0)1.45.75.09.07

Email : contact@wenhuaduverge.com

The Website allows the Company to offer textile products and accessories for sale under the brand WENHUA DUVERGÉ (hereinafter referred to as « Products ») to Internet Users browsing the Website (hereinafter referred to as « Customers). For the application of the present, it is agreed that the Customer and WENHUA DUVERGÉ will be collectively referred to as the "Parties" and individually referred to as the "Party", and that when the Customer has confirmed an order he will then be referred to as the "Purchaser".

These Terms and Conditions of Sale apply to all Countries and to all sales made on the Website, shop’s terms and conditions of sale or another terms and conditions of sale are not applicable to sales via internet.

All orders of a Product offered on the Website imply the Purchaser’s acceptance of the general conditions of sale.

The Company reserves the right to amend the present Terms and conditions of sale at any time by publishing a new version on the Website. The Terms and Conditions are those in force on the date on which the order is placed.

Article 1 - Object

 

 

The present Terms and Conditions of sale govern the rights and obligations of the Parties resulting from the proposed Products’ online sale on the Website.

 

ARTICLE 2 - PRODUCTS - PRICE

2.1. Products

Only the Products appearing on the Website on the day on which the Customer consults it are offered for the sale whole world over. The product and price offers are valid, while stocks last, for as long as they are visible on the website.

The Products’ description is available in the section « Catalog » on the Website. The Photographs published on the Website are non-contractual. The Company is not liable for any error, which could appear on the Website. Every texts and pictures on the Website are copyright protected across the whole world, their copying is strictly prohibited.

2.2. Prices

The Prices are indicated in Euros and include Tax in European Union, excluding carriage and eventually customs charges. The Customer admits being informed about all Tax and charges before placing the order. Shipping costs appear on the screen at the end of the Products’ selection by the Costumer according to chosen carrier company.

The relevant Value Added Tax is the Value Add Tax in effect in France.

The Company can change prices at any time. However, the Products ordered are always invoiced at the price in effect at the order time.

The proposed prices include discounts and rebates that the Company would have to grant.

We do our best to ensure that information, descriptions and prices are correct. It is however possible that errors remain. If the ordered article’s shows itself incorrect, we will inform you as soon as possible and you will have the choice of confirming your order with the correct price or cancelling it. If we are unable to contact you, we will cancel the order.

ARTICLE 3 – VALIDITY OFFERS TO SALE’S PERIOD

The Products are offered for sale until the end of stocks. When ordering of some product become unavailable, the Customer will be informed, as soon as possible by email or by mail.

ARTICLE 4 – ORDER

4.1. Saving the order

All new Customers must fill in the necessary fields to create a customer account. The Customer must fill in the available form, providing the necessary information for his identification, including an email address and a password of his choice (which will be personal and confidential)  which will be used later to identify himself on the Website.

All Customers already in possession of a customer account must identify themselves by clicking on "Confirm" and inserting their email address and password.

The Customer wishing to place an order chooses the various Products by clicking on "Add to bag".

At any time the Customer may:

  •          Check the number of Products in his bag and obtain detailed information about each of them by clicking on "My bag";
  •          Continue selecting Products by clicking on the "Continue shopping" button;
  •          Complete his order by clicking on the "Order" button.

The Customer accepts that inserting these two pieces of identifying information serves as proof of his identity.

All nominative information have to be provided during an online sale as this information is necessary to order’s process and delivery as well as the invoices establishment. This information is strictly confidential.

Having acquainted himself with the order summary, once all the information requested has been completed by the Customer, and before payment, the latter acquaints himself with the general conditions of sale and attests to have done this by ticking the box provided.

After reading the order summary, once all requested information has been completed by the Customer, and before payment, the Customer becomes aware of the Terms and Conditions and attests to have done this by checking the provided box.

As soon as the order is validated, the Customer is redirect to different delivery services or withdrawal from the Store.

4.2. Payment

The payment take place through the PAYPAL system either by credit card (Visa, Eurocard/Mastercard/American Express), or directly by PAYPAL account.

If the Customer wishes to pay for his order by card, he must provide the Credit Card number and, depending on the type of card used, the expiration date and the card’s security code.

The price owed by the Purchaser is the sum indicated on the order’s summary document.

In any event, the sum debited will correspond to the Product(s) actually delivered.

The server and the payment page are subjected to security protection by the S.S.L. (Secure Socket Layer) encrypting system in order to protect all data concerning means of payment as effectively as possible, and guarantee that at no stage the Purchaser’s bank details go through the Company’s computer system.

4.3. Order Confirmation

Confirmation of the shopping bag constitutes an electronic signature.

This signature has the same value between the Parties as a written signature and serves as proof of the totality of the order and the payability of the sums due to fulfill this order. As soon as the order is validated, the Customer becomes a Purchaser

4.6. Confirmation of the Order’s receipt

Following payment, an order summary document is sent to the Purchaser by email to the email address indicated by the latter.

This document serves as a confirmation of receipt and contains all the contract elements between the Parties and the Purchaser withdrawal possibility.

Article 5 - DELIVERY

The Company will make every effort to deliver the order within an average between 24 to 48 hours and a maximum of 10 working days from the day following the confirmation of the order by the Purchaser, in France, between 8 and 10 days on every other territories. During sales, this delivery time may be extended to 15 days.

It is stated that the orders registered on the Website on a Friday afternoon, Saturday or Sunday are processed the following Monday. Orders registered on the Website on a public holiday other than a Friday, Saturday or Sunday are also processed the following working day.

The Purchaser’s ordered Products are delivered in France, in every European Union countries and whole world over to the address indicated by the Purchaser on the definitive confirmation page for his order, with a delivery voucher. The Products can be delivered to another address than Purchaser’s one. Delivery made will not be guaranteed in the case of force majeure or transportation and/or postal services’ strike.

The Products are delivered under available stocks’ limites. Should the product ordered be unavailable, WENHUA DUVERGÉ will honour the order for the other products. The Customer will only be invoiced for the products actually dispatched.

Article 6 – Receipt of the order

After order receiving, the Purchaser will check the conformity of the received Products in order execution. Any anomalies concerning the delivery (namely: missing or damaged products, damaged packages) must be notified, within thirty (30) days of Products receipt by registered letter with acknowledgement of receipt.

IMPORTANT NOTE: The order will always shipped in only one shippememnt.

Unless there is a legitimate reason, any complaint made after thirty (30) days period following receipt of the Products will be considered inadmissible and the Company cannot be held responsible.

The Company has the right to ask the Purchaser to return every non compliant or damaged Product.

In the case of anomalous or abusive returns, the Company may refuse to fulfill any further orders.

Article 7 – RIGHT OF WITHDRAWAL

The Purchaser can exercise his right of withdrawal, without the need to provide any reason, fourteen (14) days from the date of ordered Product(s), except return fees.

The refund can be making only by bank trensfert in case of Payment by credit card or in case of expired card validity. The communication of bank details (RIB) is required to proceed to reimbursement.

The Purchaser will inform the Company of his decision to withdraw via a clear, unambiguous declaration :

  • by filling in the withdrawal form that may be accessed  here. Should the Purchaser choose this option, WENHUA DUVERGÉ will send confirmation of receipt of the withdrawal by email without delay.
  • Either by email via our contact form
  • Or by mail at :

WENHUA DUVERGÉ

31, rue de l’Abbé Groult

75015 PARIS FRANCE

 

The Purchaser must return the Product(s), at his own expense, in the original packaging and in perfect condition to the following address:

WENHUA DUVERGÉ Retours Internet

31, rue Legendre

75017 PARIS FRANCE

 

The Purchaser cannot be held responsible for the depreciation of the goods resulting from the necessary handling to ensure the conformity of the Product(s) to his expectations.

Should the aforementioned conditions be fulfilled, the Company will reimburse the Purchaser the full sum of his order, including the delivery fee (with the exception of any additional costs engendered by the fact that the Purchaser has selected a delivery method other than the least expensive standard delivery method proposed by the Company), without excessive delay and, in any case, at the latest fourteen (14) days from the date on which the Purchaser’s withdrawal decision was made known to the Company.

The Company may defer the refund until the returned Product(s) has (have) been received.

The Company will proceed with the refund using the same payment method that the Purchaser used for the initial transaction, unless the Parties agree on a different method. In any case, this refund will not occasion costs for the Purchaser.

Article 8 - RETURNS

Returns include exchange, credit note and/or refund requests.

Without prejudice to the provisions of the legal guarantee, the Purchaser has thirty (30) days from the date of receipt of the order to request an exchange.

Only Products returned within this time frame, in their original packaging, not washed and not worn may be exchanged.

A delivery slip and return instruction will be attached to your order. Each Products’ return will need to have a return slip attached, completed by the client in his/her client account (tab "My Orders" then on “My returned products”), a post fees invoice (limited to 6 EUR in France, 9 EUR in other European countries and 16 EUR) and bank account details (R.I.B) and might be returned to the following address :

WENHUA DUVERGÉ Retours Internet

31, rue Legendre

75017 PARIS FRANCE

 

If at the time of the exchange request the Product(s) is (are) no longer available, the Company will provide a refund/credit of the purchase amount within fifteen (15) days from the receipt of the Product(s).

The return in store is possible for an exchange of an equal or superior amount of the product ordered. However, the refund is not available in store.

Note that the returns in store are unavailable during special sales (Private Sales or Sales).

Article 9 - GUARANTEE

9.1. Legal guarantee

In accordance with the legal provisions relating to the contract conformity and lack of conformity (Annex 1 of these conditions), the Company will refund or exchange any apparently faulty product, defaced or damaged or is not conform to your order.

All our Products benefiting from the legal guarantee scheme, provided in cas that the use was normal and that the care instructions have been followed.

9.2. Responsibility

The Company makes every efforts to satisfy the Purchaser and is responsible for the correct execution of these terms and conditions of sale.

Nevertheless, the Company is not liable in force majeure case, unpredictable and insurmontable case made by a third person or because of the non-compliance of the product to foreign law after the shipping to another country than France.

Article 10 – DATA PROCESSING AND CIVIL LIBERTIES

It is obligatory to provide the collected nominative information as part of the online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential and will not be shared with third parties, with the exception of any Company’s partners taking part of the accomplishment of the Order. Failure to provide this information will lead to automatic rejection of the order.

In accordance with French law no. 78-17 of 6 January 1978 relating to Information Technology, Files and Civil Liberties, as amended by law on 6 August 2004, the processing of nominative information collected on the Website is subject to a declaration to the National Commission for Data Protection and Liberties.

The Customer has the right to access, amend, correct and delete any information regarding him. If he considers that the information regarding him does not reflect reality, is incomplete or inaccurate, he can request its correction, updating or deletion, by mail at the following address:

WENHUA DUVERGÉ

31, rue de l’Abbé Groult

75015 PARIS FRANCE

Article 11 - COOKIES

This "COOKIES" section allows you to know more about the origin and use of browsing information processed during the consultation of our Site and the rights of users.

Thus, during the consultation of the WENHUA DUVERGÉ Website, information relating to navigation may be recorded in "Cookies" files installed on the user's terminal (computer, tablet, smartphone, etc.).

WENHUA DUVERGÉ issues these cookies to facilitate the navigation of the user on the Site.

Only the issuer of a cookie may read or modify information contained therein.

Reading or depositing some cookies may require the prior consent of the user. In this case, the user, having been duly informed via the information of the banner dedicated to cookies and information of these general conditions of sale, expresses his consent by continuing his visit on the Site.

Cookies have a lifespan after their first deposit in the user's terminal equipment.

11.1. Cookies issued by WENHUA DUVERGÉ

The cookies that WENHUA DUVERGÉ installs on the user's terminal, allow to recognize the browser used for the connection to the Site.

WENHUA DUVERGÉ issues cookies for the following purposes:

- facilitate your connection to the customer account by automatically recognizing you.

- Remember information entered in forms, manage access to reserved and personal areas such as the customer's account and his basket.

11.2. The choices concerning cookies

Several possibilities are offered to the user to manage cookies. Any setting will be able to modify its navigation on the Internet and its conditions of access to certain services requiring the use of Cookies.

• The user can configure his browser software so that cookies are saved in his terminal or, conversely, they are rejected, either systematically or according to their issuer.

• The user can also configure his browser so that the acceptance or the refusal of cookies are proposed to him punctually, before a cookie is likely to be registered in his terminal.

11.3. Parameters of the main browsers :

The user may at any time choose to block or disable these cookies by setting the browser on his computer, tablet or mobile, in accordance with the instructions set by his internet browser provider and appearing on the websites mentioned below.

For more details, the user can also consult the site of the CNIL and in particular the page: https://www.cnil.fr/fr/recommandation-sur-les-cookies-quelles-obligations-pour-les-responsables-de-sites-quels-conseils

• On Mozilla Firefox :

Open the "Tools" menu, then select "Options"; click on the "Privacy" tab then choose the desired options or follow this link: http://support.mozilla.org/fr/kb/activer-desactiver-cookies

• On Microsoft Internet Explorer :

Open the "Tools" menu, then select "Internet Options"; click on the "Privacy" tab then the "Advanced" tab choose the desired level or follow the following link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

• On Safari :

Choose "Safari> Preferences" and then click on "Security"; In the section "Accept cookies" choose the desired options or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari

• On Google Chrome :

Open the configuration menu (wrench logo), then select "Options"; click on "Advanced Options" then in the "Privacy" section, click on "Content Settings", and select the desired options or follow this link: https://support.google.com/chrome/answer/95647?hl = en

• On iOs :

http://support.apple.com/kb/HT1677?viewlocale=fr_FR

The user can also type "cookies" in the "help" section of his browser to access the setting instructions.

WENHUA DUVERGÉ is in no way responsible in any way whatsoever for the content or functioning of any of the social networks, including those that may be linked to the Site.

Article 12 – VARIOUS STIPULATIONS

12.1. Force Majeure

The Company will not be liable for the total or partial non-performance of its Terms and Conditions of sale obligations, if such this non- performance is caused by a case of force majeure, recognised as such by case law.

 

The Parties agree, as soon as possible, to decide on the way in which the order will be handled during the case of force majeure.

 

Beyond a period of one (1) month interruption due to a case of force majeure, the Parties will be released from their obligations towards each other.

12.2. Entirety

The present Term and Conditions of sale and the order summary sent to the Purchaser form a single agreement between the parties.

 

12.3. Conservation and archiving of the transactions

The archiving of invoices is carried out in a reliable and durable format so that it corresponds to a identic and durable copy.

12.4. Applicable law – Competent jurisdictions

The present Term and Conditions of sale and the contractual relations between the Company and the Purchaser are subject to French law. In the case of litigation, exclusive authority is attributed to the competent French courts. The Company is nonetheless committed to finding an amicable solution before any judicial action.

Article 12 – DELIVERY COUNTRIES

On the website https://www.wenhuaduverge.com/, the Company delivers its Products in the countries across the whole world.

 

ANNEXE I : French Consummation Law terms- Legal guarantee of conformity

Article L.211-4

The seller is required to deliver a product, which conforms to the contract and is held liable for any lack of conformity, which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging of the assembly instruction, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.

Article L.211-5

To conform to the contract, the product must:

1° Be suitable for the purpose usually associate with such a product and, if applicable:

-    Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

-    Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L.211-6

The seller is not bound by the public statements or the producer or his representative if it is established that he was unaware of them and could not rightfully be expected to have been aware of them.

Article L.211-7

In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery.

The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.

Article L.211-8

The buyer is entitled to demand that the product conform to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself.

Article L.211-9

In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.

The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.

Article L.211-10

If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.

He has the same option:

  1.       If the solution requested, proposed or agreed pursuant to Article L.211-9 cannot be implemented within one month of the buyer making his claim;
  2.       Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.

The sale shall not be cancelled, however, if the lack of conformity is minor.

Article L.211-11

The provisions of Articles L.211-9 and L.211-10 shall be applied at no cost to the buyer. Those same povisions shall not impede the awarding of damages.

Article L.211-12

Action resulting from lack of conformity lapses two years after delivery of the product.

Article L.211-13

The provisions of the present section do not deprive the buyer of the right to bring an actin on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature to which he is entitled under the law.

Article L.211-14

An action for indemnity may be brought by the final seller against the successive sellers or intermediaries and the producer of tangible movable property, pursuant to the principles of the Civil Code.

ANNEXE II – French Civil code – Warranty against defects in the good sold

Article 1641

The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1648 part 1

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.

 

 

ANNEXE III – WITHDRAWAL FORM MODEL

(Please complete and send this form only if you wish to withdraw from the contract)

 

To the attention of:

WENHUA DUVERGÉ

31, rue de l’Abbé Groult

75015 PARIS FRANCE

 

I/We *) hereby inform you *) of my/our withdrawal from the contract regarding the sale of the products) below:

__________________________________________

__________________________________________

__________________________________________

__________________________________________

__________________________________________

 

Ordered on:

Received on:

Name of Consumer:

Address of consumer:

Date:

 

(*) Delete as applicable