General terms and conditions of sale
BEST OF BOTH WORLDS
Limited liability company with a capital of 5000 euros
Registered with the Melun Trade and Companies Register under SIRET number 844112516
Whose head office is located at 621 avenue Blaise Pascal 77550 Moissy-Cramayel
Tel: 01.83.62.21.42
1. Seller's designation
This website is accessible at the internet address www.wminternationalstore.fr is published by Shopify.
BEST OF BOTH WORLDS customer service can be reached using the contact details provided above.
2. General provisions relating to the General Terms and Conditions of Sale, hereinafter referred to as "the GTC".
2.1 Purpose of the General Terms and Conditions:
These Terms and Conditions apply exclusively to the online sale of products by BEST OF BOTH WORLDS SARL on its sole e-commerce website www.wminternationalstore.fr. They are written in French and in case of doubt about the interpretation of any translation, only the original French version shall prevail.
Together with the order form validated by the consumer, they constitute the contractual documents enforceable against the parties.
2.2 Scope of application of the General Terms and Conditions
These Terms and Conditions of Sale govern exclusively the online sales contracts for products of BEST OF BOTH WORLDS SARL (hereinafter, "the seller") to buyers who are consumers (hereinafter, "the consumers"). Together with the order confirmation email, they constitute the sole contractual document. Under no circumstances may they impede the exercise of the consumer's right of withdrawal.
2.3 Availability and enforceability of the General Terms and Conditions
The terms and conditions are available to consumers on the website. www.wminternationalstore.fr
By validating the payment, the consumer acknowledges having accepted all the terms and conditions without reservation.
Confirmation of the order constitutes acceptance by the buyer of the Terms and Conditions in effect on the date of the order. The seller ensures the storage and reproduction of these Terms and Conditions in accordance with Article 1127-1 of the French Civil Code.
2.4 Modification of the General Terms and Conditions
The seller reserves the right to modify the terms and conditions at any time, in whole or in part, without notice and without having to pay any compensation to the consumer.
In the event of changes to the Terms and Conditions, the applicable Terms and Conditions are those in effect on the day of the order.
2.5 Severability Clause of the General Terms and Conditions
The possible invalidity of one of the clauses of the CGV does not entail the invalidity of the CGV as a whole, only the clause being deemed unwritten losing its effect.
The temporary or permanent inapplicability of one or more provisions of the terms and conditions by the seller shall not constitute a waiver by the seller of the other terms and conditions, which shall continue to have effect, to the seller's possible benefit.
3. Products
3.1 Characteristics
Consumers who wish to do so can obtain additional information about a product by making a request to the seller's customer service department.
Each product offered for sale on the site is accompanied by a description outlining its essential characteristics, in accordance with Article L.111-1 of the Consumer Code.
A consumer who places an order in the possible absence of information about a product is deemed to accept it in the actual condition in which it will be delivered.
Differences may exist, including but not limited to, the actual color of the product, its apparent material, and the finishes (closures, buttons, seams, etc.). The consumer cannot claim a minor modification as grounds for requesting a refund or exchange.
Product information is provided subject to typographical errors.
3.2 Compliance
The products comply with the requirements of current French law relating to the safety and health of persons, fairness in commercial transactions and consumer protection at the time they are placed on the market.
4. Price
4.1 Selling price
The selling prices are indicated for each of the products offered for sale on the site. www.wminternationalstore.fr, in euros, inclusive of all taxes, excluding delivery, transport and/or preparation fees. These additional fees, if any, are indicated before order confirmation and are charged separately.
The total amount due by the consumer for their order is indicated on the order confirmation page.
4.2 Modification
The seller reserves the right to change its prices at any time, without notice, upwards or downwards.
If the price of a product changes after an order has been placed by the consumer, the selling price of the product is that in effect on the day the order was placed by the consumer.
5. Offer
Online sales offers are available to all consumers located in metropolitan France and Corsica.
Online sales offers are valid while stocks last (unless otherwise specified).
The consumer accepts the offer using a double-click process: the consumer clicks once to validate their shopping cart, then is prompted to click a second time to confirm the order summary. This second click then allows them to access the secure payment page.
6. Order
6.1 Steps for concluding the online sales contract:
To place an order, the consumer must fill their virtual shopping cart with the items they wish to order. To do this, they select the desired product, indicate its size and color if applicable, the desired quantity, and then click on "add to cart".
The customer is then redirected to a summary page of their choices, allowing them to check their order and possibly correct or modify it.
Once the selection is confirmed, the customer must click the "validate order" button. This second click constitutes full and unconditional acceptance of the Terms and Conditions and forms the contract.
An order registration confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide accurate and precise information when placing an order.
This information must be such as to enable the seller and the carrier to carry out their obligations under the best conditions.
This includes, but is not limited to, the consumer's contact email address, their full delivery address, their name, surname, and telephone number.
The seller is not liable for any errors in data entry or partial or incomplete data entry by the consumer, without regard to the guarantees against hidden defects or the commercial guarantee to which the consumer is legally entitled.
6.2 Order Modification
Any modification to an order by the consumer after its confirmation is subject to the seller's acceptance and the availability of the products requested.
The modification request can only be considered before the order is prepared. The preparation time is generally 24 (twenty-four) hours, but it may be shorter and no guarantee can be given to the customer regarding this timeframe.
The seller is not required to consider a late modification request (received after the order has been prepared).
6.3 Order Validation
The seller reserves the right to refuse any order for legitimate reasons.
The seller reserves the right to refuse any order from a consumer with whom there is an ongoing dispute (not yet resolved).
In case of refusal, the consumer is fully reimbursed within a reasonable time, and in any event less than 30 (thirty) days.
6.4 Unavailability of ordered products
If one or more products in an order are unavailable, the seller will inform the consumer within a reasonable timeframe and offer a product of equivalent quality and price. If the consumer prefers, they can receive a refund or a credit note usable on the website.
7. Contract
7.1 Conclusion
The sales contract is formed when the consumer double-clicks to validate their order.
7.2 Resolution
The contract can be terminated by the seller in the following cases:
– Consumer's refusal to take delivery of the ordered products,
– Resolution: Return of the package to sender due to inaccurate information provided.
– Non-payment of the price (without prejudice to any legal action against the consumer).
In all the cases mentioned, other than the legal right of withdrawal, the amount of any deposits paid remains with the seller as compensation.
8. Withdrawal
From the date of receipt of the products, the consumer has a legal withdrawal period of 14 (fourteen) days without having to justify themselves or pay any penalty.
Any return shipping costs are the responsibility of the consumer.
To exercise this right, the consumer must complete and send the withdrawal form found at the end of these Terms and Conditions to the consumer service department.
Following this request, the consumer is assigned a return number.
The consumer returns the products without undue delay, if they wish, accompanied by the return number to facilitate the processing of their request, to the seller:
BEST OF BOTH WORLDS / WM INTERNATIONAL
621 Avenue Blaise Pascal
77550 Moissy-Cramayel
The consumer will be reimbursed within 14 (fourteen) days of the date of receipt of the products, provided that the products arrive at the seller's premises in their original packaging, complete, in perfect condition, with their labels attached, unworn, unwashed, and accompanied by the original invoice and return slip. Any return that does not meet these criteria will not be accepted and the product will be returned to the consumer.
The risks associated with returning a product fall on the consumer. It is their responsibility to take all necessary precautions to ensure the safe return of the item (packaging, protection). If a shipment is delivered without signature confirmation and not received by the seller, the consumer is responsible for providing proof of delivery.
Without this proof, no refund can be issued. No refund will be processed if the returned product has not arrived at the seller's address.
That is why we strongly recommend that all consumers who wish to make a return request a registered delivery with a declaration of the value of the product and insurance, and delivery against signature.
Proof of delivery is then constituted by the affixing of the BEST OF BOTH WORLDS company stamp on the recommendation slip or by the signature of the person in charge of returns.
8.1 Mediation
In accordance with Article L. 612-1 of the Consumer Code, within one year of their written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of initiating a request for amicable resolution through mediation with
SAS Mediation Solution
222 Chemin de la Bergerie, 01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr ,
email: contact@sasmediationsolution-conso.fr
9. Payment
The price is payable in full after order confirmation.
Payment is made on an independent, secure platform.
The consumer's bank details are not accessible to the seller. They do not pass through any of the seller's servers. Only trusted third parties responsible for encryption process this information digitally to ensure complete transaction security and optimal protection of bank data.
The provisions of Article 1359 of the Civil Code are inapplicable to sales concluded remotely.
BEST OF BOTH WORLDS accepts CB, Visa, and Eurocard/Mastercard cards issued on bank accounts domiciled in the European Union. The consumer's bank card will be debited upon confirmation of their order. To this end, the consumer guarantees that they are the cardholder and that the name on the card is indeed their own. The consumer must provide the sixteen-digit card number and expiry date, found on the front of their bank card, as well as, if applicable, the security code found on the back.
10. Delivery
The seller undertakes to hand over the products to its carrier within 7 (seven) business days (excluding pre-orders) after receipt of full payment for the order. This period is extended to 10 (ten) business days for the following periods: winter and summer sales, "flash" sales and private sales, and the end-of-year holiday season (from December 1st to January 10th).
Delivery delays cannot give rise to payment or claim of compensation from the seller in the event that such a delay is either attributable to the consumer, or to an insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.
The products are delivered to the address indicated by the consumer on the order form.
A consumer who accepts a product without raising any objections with the carrier accepts it as is. They then forfeit any right to make a claim regarding the delivery.
In the event of damage or partial loss of the product, the consumer must make reservations on the delivery note upon receipt, a copy of which is sent to the professional seller, and within 3 (three) days following this receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt.
If the product does not conform to the order, the consumer must submit a complaint to customer service in order to obtain a replacement of the product or possibly a cancellation of the sale.
11. Guarantees
All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Under these guarantees, the seller undertakes, at the consumer's option, to refund or exchange defective products or products that do not correspond to the order.
Any claim made under these guarantees must be sent by registered letter with acknowledgment of receipt to the following address:
BEST OF BOTH WORLDS / WM INTERNATIONAL
621 Blaise Pascal Avenue
77550 Moissy-Cramayel
Products covered by warranties must be returned new, complete, and in their original condition and packaging after the claim has been received and confirmed by customer service. WM INTERNATIONAL
The consumer will be reimbursed for return postage costs no later than thirty days after the seller receives the product.
12. Responsibility
12.1 Transfer of ownership and transfer of risks
The transfer of ownership of the products WM INTERNATIONAL will only intervene for the benefit of the consumer after full payment of their price by the consumer.
However, the transfer of risk to the consumer will only occur upon delivery, that is, at the time the products are handed over. WM INTERNATIONAL to the delivery address indicated by the consumer.
12.2 Disclaimer of liability
The seller cannot be held liable for non-performance or improper performance of the contract due to the buyer's actions, an insurmountable and unforeseeable act of a third party to the contract, or force majeure.
Proof of the obligation is provided by producing the delivery receipt for the packages to the carrier.
12.3 Defective product
In the event of damage caused by a defective product, the consumer should seek to hold the manufacturer liable, who can be identified from the information mentioned on the product packaging.
13. Termination Clause
The cancellation of the order in the cases provided for in these Terms and Conditions will be pronounced by registered letter with acknowledgment of receipt and will be acquired by right without judicial formality.
14. Intellectual Property
The content reproduced on this website, which is the exclusive property of the publisher, is protected by copyright, trademark, and patent law. All texts and images presented on the seller's online sales site are protected worldwide by copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these terms and conditions of sale.
Any reproduction and distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal proceedings for infringement.
15. Dispute Resolution
All complaints should be sent to the following address:
BEST OF BOTH WORLDS / WM INTERNATIONAL
621 Blaise Pascal Avenue
77550 Moissy-Cramayel
In the event of a dispute between the seller and the consumer, the latter may initiate a conciliation procedure directly with the seller in order to settle the dispute, without the intervention of a third natural or legal person.
16. Territorial jurisdiction
For any dispute relating to an order placed on the online sales site www.wminternationalstore.fr for any dispute relating to these Terms and Conditions, the competent court will be that of the seller's domicile.
17. Applicable Law
The parties agree to use mediation to try to find an amicable solution to their dispute and to only resort to legal action if mediation fails.
These Terms and Conditions are governed by French law.