General terms and conditions of sale
The purpose of this document is to define the terms and conditions under which, on the one hand, Wikilean , proposes for sale different products related to its activities.
Any sale made through this site is subject to compliance with these terms.
Wikilean is declared under the number of Siret 49530891800020.
The customer is a professional
Article 1: scope of the general terms and conditions of sale
Placing an order implies full and complete acceptance by the customer of these terms and conditions. They are always available on the website. The general terms and conditions of sale constitute the only agreement between the parties and prevail over any other document. They can be changed at any time. The new general terms and conditions of sale will apply to any order subsequent to their availability on the site.
Article 2: ordering
For any order, the customer must create a ” customer account ” on the site www.wikilean.com and identify with this account every login on the site.
WikiLean is then responsible for transmitting the customer’s order to the supplier(s) concerned. The execution of the order, namely invoicing and delivery, is the exclusive responsibility of the relevant WikiLean provider.
It will confirm to the customer the order placed once the payment actually received by the supplier under the conditions hereafter defined.
WikiLean undertakes to keep its website up to date and to present for sale only products available for sale. However, due to the processing time of the information, it may happen that exceptionally, a product presented on www.wikilean.com is no longer manufactured and sold by the supplier.
In this case, WikiLean undertakes to inform the customer as soon as possible and to offer him a similar replacement product. If no substitute product was available or the customer refused this product, the customer could terminate his order without charge or compensation.
WikiLean may not be held responsible for the unavailability of a product if it has complied with the above procedure.
WikiLean also reserves the right to withdraw any product from the catalogue without notifying the customers and without the latter being able to avail themselves of any harm. In this regard, it is recalled that the photos appearing on the site are non-contractual.
ARTICLE 3: prices and terms of payment
The prices displayed are the prices of the suppliers. They are understood in euros, ATI net of all discounts and rebates and excluding delivery costs.
The price applicable to the order is the price in force, as posted on the website, at the time of ordering.
The delivery fee will be communicated to the customer at the order. Please note that for the products to be downloaded, there is no delivery fee.
Payment is made online by bank transfer or card.
The order will only be confirmed by WikiLean after receipt of payment.
WikiLean cannot be held responsible for the fraudulent use of the customer’s means of payment by a third party.
ARTICLE 4: execution of the order
4.1. Delivery times
Delivery times depend on the type of product ordered. They include the preparation of the order, the handling of the parcel by the carrier and the transport time.
Delivery times start to run only after the customer has paid the order.
Delivery times will be provided as an indication at the time of the customer’s order and for each product.
4.2. Terms of delivery
Deliveries are carried out by the supplier at his own risk and according to his terms, once the order has been confirmed. Upon ordering, the customer will be informed of the delivery conditions and the delivery costs of each supplier.
The products ordered via the site www.wikilean.com are delivered in metropolitan France and Corsica but can not be delivered in any way: in p.o. boxes, on military bases, in the United States, in Canada and in China.
The products are delivered to the address indicated by the customer when ordering. WikiLean shall not be held responsible for any erroneous information provided by the customer.
The customer is obliged to check the goods at the time of receipt and to report any anomaly on the delivery note.
The goods will be considered accepted if no complaint has been made to WikiLean by registered letter, fax or email within 3 days of receipt. After this period, no further claims will be accepted by WikiLean.
If the claim is recognized as justified, WikiLean will process the customer’s claim with the relevant supplier and propose a solution to the customer within 3 days of receipt by WikiLean of the customer’s claim.
In case of return of the product, the cost of return is borne by the customer.
ARTICLE 5: LIABILITY
WikiLean is not in any way manufacturing products that it presents on its website. Therefore, in the event of a non conformable or defective product, only the supplier may incur liability, which the customer agrees. All items from suppliers can be provided on request.
WikiLean is not responsible for the execution of the order by the supplier and in particular the fulfilment of the delivery deadlines.
In the event of force majeure or extraordinary circumstances, WikiLean cannot be held responsible for a defect in the transmission of the order to the supplier or for the failure to update the website regarding the availability of the products.
ARTICLE 6: INTELLECTUAL PROPERTY
The intellectual property rights on the documents contained in the site and each of the elements created for this site are the exclusive property of WikiLean or its suppliers, and in particular the trademarks and other intellectual property rights cited . The reproduction of any document published on the site is only authorized for the exclusive purposes of information for personal and private use. Any other use is counterfeit and sanctioned under intellectual property.
ARTICLE 7: PERSONAL DATA
This website has been the subject of a CNIL declaration under number 1758948. The customer is informed that by purchasing products on the site www.wikilean.com, WikiLean will have access to personal data concerning him. This data will only be used by WikiLean and its suppliers for the purposes of executing the customer’s order and for the need of this business relationship. They will be kept by WikiLean for the duration of the commercial relationship and for one year after the last contact between the client and WikiLean.
In accordance with the provisions of law No. 78-17 of 6 January 1978, as amended by the law of 6 August 2004, on information technology, files and freedoms, the client is informed that he has a right of access, rectification and deletion of the data personal information about him. To exercise this right, he must send an email to: firstname.lastname@example.org.
ARTICLE 8: APPLICABLE LAW AND COMPETENT JURISDICTION
These general terms and conditions are subject to French law.
Any dispute between the parties relating to the interpretation or execution of these proceedings shall be subject to the jurisdiction of the procedural code.
The client is an individual
The following provisions are applicable in addition to the general terms and conditions of sale of WikiLean in the event that the customer is a consumer within the meaning of the consumer code. They are not applicable to the Professional client.
ARTICLE 9: DELIVERY DEADLINE
The delivery times provided for in article 4 of the WikiLean general conditions of sale may not exceed 15 days after receipt of payment by the supplier.
ARTICLE 10: RIGHT TO RETRACTATE
As from the receipt of the goods, the customer has a period of seven (7) free days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except for the costs of return.
To exercise this right, the client must contact WikiLean by email at: email@example.com
WikiLean takes care to inform the provider.
The customer within 30 days to return the product (s) to the supplier from the time he notified the exercise of his right to WikiLean.
The products must imperatively be in new condition, without any traces of use, be accompanied by their accessories and instructions for use or installation and carefully packaged in their original packaging.
The supplier will reimburse the customer for the price of the product (s) and delivery costs within a maximum of 30 days from the time the customer notifies him or her to exercise his right of withdrawal. It is recalled that the return costs remain the responsibility of the customer.
ARTICLE 11: GUARANTEES
The products presented on the website www.wikilean.com benefit from the legal guarantee of conformity as well as the guarantee against latent defects, in accordance with the legal provisions in force (articles L211-1 to L212-1 of the consumer code-articles 1641 to 1649 of the French Civil Code).
In all cases, the return conditions described in the procedure relating to the right of withdrawal shall apply.
ARTICLE 12: COMPETENT JURISDICTION
Article 8 of the general terms and conditions of sale of WikiLean is not applicable to the consumer customer and the competent jurisdiction in the event of a dispute will depend on the relevant rules of competence.