1. PREAMBLE
These Terms and Conditions of Sale (hereinafter the “ T&Cs ”) govern the distance sale of WeKady products to consumers within the meaning of the French Consumer Code. They set out the rights and obligations of WeKady (hereinafter the “ Seller ”) and its customer (hereinafter the “ Customer ”).
The T&Cs are made available in a clear and durable manner before the contract is concluded and are accepted by the Customer when placing the order. In the event of any contradiction, specific terms expressly accepted in writing shall prevail over these T&Cs.
2. SELLER IDENTITY & CONTACT
The Seller is the companyWeKady. Identity information (legal form, share capital, registered office address, registration, etc.) is as communicated in contractual documents and/or the website legal notices.
If certain mandatory information (registration, address, etc.) appears on an invoice, a quote, an order confirmation or the website legal notices, it forms an integral part of the pre-contractual information.
3. SCOPE
The T&Cs apply to any order for products offered by WeKady and concluded remotely with a Customer acting as a consumer, within the meaning of the introductory articles of the French Consumer Code.
The T&Cs may be amended at any time. The applicable version is the one in force on the date of the order.
4. PRODUCTS
The products offered are described as accurately as possible (essential characteristics, options, compatibilities, visuals). Photographs and renderings (e.g., colors) are provided for indicative purposes and may vary depending on screens and shooting conditions.
Offers are valid while stocks last and/or within the announced production capacities. In the event of unavailability after an order is placed, the Customer will be informed as soon as possible and may obtain a refund of the amounts paid for the unavailable product.
5. PRICES
Prices are indicated in euros, all taxes included (incl. VAT), unless otherwise stated. Delivery costs and any other potential fees are specified before final validation of the order.
WeKady reserves the right to change its prices at any time, without affecting orders already paid and confirmed.
6. ORDER
The ordering process allows the Customer to review the details of the order and its total price, correct any errors, and then definitively confirm the order.
The contract is formed when the Customer has confirmed the order and, where applicable, when payment has been accepted. A confirmation is sent to the Customer on a durable medium (e.g., email), summarizing the essential information.
WeKady reserves the right to refuse or cancel an order for legitimate reasons, including : inability to deliver, non-payment, previous payment incident, suspicion of fraud, abnormally high order, or an ongoing dispute.
7. PAYMENT
Payment is made using the methods offered at the time of the order. Unless otherwise stated, the price is payable immediately upon ordering.
The Customer guarantees that they have the necessary authorizations to use the chosen payment method. The order will only be processed after effective collection and/or validation of payment.
8. DELIVERY
Delivery means the transfer to the Customer of physical possession of the product. Delivery times, when indicated, are communicated before the order is validated.
In accordance with Article L216-1 of the French Consumer Code, in the event of exceeding the agreed deadline (excluding force majeure), the Customer may terminate the contract under the legal conditions after a formal notice has remained unsuccessful, and obtain a refund in accordance with applicable provisions.
The Customer must check the condition of the parcel and the product upon receipt. In the event of an anomaly (damaged parcel, missing or damaged product), the Customer must make precise reservations with the carrier and contact WeKady as soon as possible, keeping any supporting evidence (photos, shipping label, etc.).
9. RIGHT OF WITHDRAWAL (ARTICLE L221-18 ET SEQ. OF THE FRENCH CONSUMER CODE)
The Customer has a period of14 daysfrom receipt of the product to exercise the right of withdrawal, without having to justify the decision and without bearing any costs other than those provided by law.
To exercise this right, the Customer may notify the decision to withdraw by any unambiguous statement (for example by email tocontact@wekady.com). The Customer may use a model withdrawal form, but this is not mandatory.
9.1. Effects of withdrawal
In the event of a valid withdrawal, WeKady will refund the price of the returned product(s) and, where applicable, standard delivery costs (the additional cost of an express delivery method chosen by the Customer is not refunded), no later than 14 days from the day WeKady is informed of the decision to withdraw.
WeKady may defer the refund until the goods have been recovered or until the Customer has provided proof of shipment, whichever occurs first (Article L221-24).
9.2. Return of products
The Customer shall send back or return the product(s) to WeKady without undue delay and no later than 14 days after communicating the decision to withdraw.
Return costsare borne by the Customer, unless otherwise indicated to the Customer at the time of the order or exceptionally covered by WeKady with written confirmation.
The product must be returned in perfect resale condition, with its accessories, instructions and packaging if possible. The Customer may be held liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the product.
9.3. Statutory exceptions
The right of withdrawal does not apply to the cases provided for by Article L221-28 of the French Consumer Code, in particular for goods made to the consumer’s specifications or clearly personalized.
If a product is offered as “ personalized ” or “ made-to-measure ”, the existence of an exception to the right of withdrawal will be reminded before ordering.
10. STATUTORY WARRANTIES
Independently of any commercial warranty that may be offered, the Customer benefits from the statutory warranties in force.
10.1. Statutory warranty of conformity (Articles L217-3 et seq. of the French Consumer Code)
The Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery, in accordance with applicable legal provisions.
- The Customer may request that the goods be brought into conformity (repair or replacement), or failing that, a price reduction or termination of the contract, under the conditions provided by the French Consumer Code.
- The Customer is exempt from proving the existence of the lack of conformity during the applicable statutory period from delivery, under the conditions provided by law.
10.2. Warranty against hidden defects (Articles 1641 to 1649 of the French Civil Code)
The Customer may decide to invoke the warranty against hidden defects of the sold item within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between rescission of the sale or a price reduction, in accordance with Article 1644 of the French Civil Code.
10.3. Practical arrangements
For any request relating to statutory warranties, the Customer is invited to contact WeKady atcontact@wekady.comdescribing the observed defect and attaching, if possible, photos, the order number and the date of receipt.
11. LIABILITY
WeKady cannot be held liable for damage resulting from improper use, non-compliant maintenance, modification of the product, assembly not in accordance with instructions, or use not intended.
WeKady’s liability cannot be engaged in the event of non-performance or improper performance due either to the Customer’s actions, the insurmountable and unforeseeable actions of a third party to the contract, or a case of force majeure within the meaning of Article 1218 of the French Civil Code.
In any event, the provisions of these T&Cs do not deprive the Customer of the rights granted by law.
12. PERSONAL DATA (GDPR)
Personal data collected as part of an order and/or a contact request are processed by WeKady for the purposes of managing requests, customer relations, invoicing and, where applicable, delivery.
The Customer has the rights provided by applicable regulations (access, rectification, erasure, objection, restriction, portability) and may exercise them by contacting WeKady viacontact@wekady.com.
For more information, please refer to the privacy page when available on the website.
13. INTELLECTUAL PROPERTY
All elements of the website and content related to WeKady (trademarks, logos, texts, visuals, design, etc.) are protected by intellectual property law. Any unauthorized reproduction, representation or use is prohibited.
14. APPLICABLE LAW — DISPUTE RESOLUTION — MEDIATION
These T&Cs are governed by French law.
In the event of difficulty, the Customer is invited to contact WeKady in order to seek an amicable solution.
In accordance with the French Consumer Code, the Customer may use, free of charge, a consumer mediator, under the terms that will be communicated to the Customer upon request and/or via the legal information on the website when available.
Use of the European Online Dispute Resolution (ODR) platform is also possible for disputes related to an online purchase within the EU.
