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GTC WESTOCK EUROPE

 

These General Terms and Conditions of Sale are up to date as of March 10, 2021.

1. DEFINITIONS

Buyer(s): Refers to any legal person under private law, or a natural person registered in the Trade and Companies Register with a SIRET number and having the capacity to perform legal acts, holder of a customer account.

GCS: Refers to these general conditions of sale which govern the relationship between the buyer(s) and the Seller on the Platform.

Order: Refers to any act of purchasing a Product placed on the Platform.

Product: Refers to the products available on the Platform of any type.

Platform: Refers to the Internet Platform accessible at the address https://westock-europe.fr/ allowing in particular to connect the Buyers and the Seller.

Basket: Refers to the place on the Platform where the Buyer can find all of his Products selected for an Order, which he presents in the form of a list.

Seller: Refers to the owner of the WESTOCK EUROPE Internet Platform.

2. PREAMBLE

2.1 These General Conditions of Sale (hereinafter "GTC") are proposed by Mr. Mathieu RAMEL, auto-entrepreneur registered with INSEE since September 3, 2007, under number 500 455 7040 0030, whose registered office is located at 14 rue des Acacias, 78300 Poissy, France. His email address is m.ramel@westock-europe.fr.

2.2 The Platform is owned by Mr. Mathieu RAMEL and hosted by OVH domiciled at 2 Rue Kellermann 59100 ROUBAIX, reachable at +33 8 99 70 17 61.

2.3 The publication director is Mr. Mathieu RAMEL.

2.4 The Platform offers Buyers the possibility of buying Products online for their professional use according to a catalog accessible from the Platform, at wholesale prices, in clearance and with no minimum order quantity.

2.5 Before any use of the Platform, the Buyer must ensure that he has the technical and IT resources allowing him to use the Platform and order the Products, and that his browser allows secure access to the Platform. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

3. APPLICATION AND OPPOSABILITY OF THE T&Cs

3.1 The purpose of these T&Cs is to regulate the contractual relationship between the Buyer and the Seller resulting from the sale of a Product on the Platform as well as to define all the conditions under which the Products will be marketed. They therefore apply to any Order for Products placed on the Site by the Buyer.

3.2 The Buyer declares to have read and accepted these GCS before placing his Order.

3.3 The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Platform on the date the Order is placed.

3.4 Any contrary condition set by the Buyer would therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention.

3.5 The fact that the Buyer does not avail himself at any given time of any provision of these GCS, cannot be interpreted as a waiver to avail himself later of any provision of the said GCS.

4. CREATION OF A CUSTOMER ACCOUNT – SUBSCRIPTION TO THE PLATFORM – PLATFORM TEST

4.1 Creation of a Customer Account

To be able to access the Product catalog and order a Product on the Platform, the Buyer must create a customer account. The creation of a customer account must occur before any purchase.

When registering on the Platform and creating a customer account, the Buyer must communicate to the Seller his surnames, first names, quality, company name, SIRET number, postal address, e-mail address, telephone number of the representing.

4.2 Subscription to a Subscription

To be able to access the Product catalog and place Orders, the Buyer must also accept the T&Cs and subscribe to the subscription of his choice according to the two subscriptions offered by the Seller.

The first subscription is a monthly subscription at the rate of 9,90 (nine euros and ninety cents) euros including tax per month. This subscription is valid for a minimum period of 12 (twelve) months and is tacitly renewable. The second subscription is an annual subscription at the rate of 99 (ninety-nine) euros including tax per year with payment in one go and automatically renewable.

Payment for subscriptions is made by credit card in one or more instalments, depending on the type of subscription selected by the Buyer. The payments made will be secured by a data encryption procedure in order to avoid the interception of this information by a third party.

At the end of a period of 1 (year) after the subscription of the subscription whatever it is, the Buyer has the possibility of terminating it subject to a notice of 1 (one month) month.

For any termination of the subscription, within the aforementioned period, the Buyer must send the Seller his request for termination by email to the following address: contact@westock-europe.fr.

If the termination occurs after the direct debit made at the beginning of each month, the order is deemed to have been concluded for the month concerned, the Buyer cannot demand the cancellation of this order by citing his request for termination. The unsubscription is taken into account for the following month.

Unsubscription may also result from the Seller's decision if the latter notices abnormal use of the Platform and in particular if the Buyer orders an abnormal number of identical Products or if there is a payment dispute between the Parties.

4.3 Platform Test

In order to be able to assess the quality of the services and Products that are marketed by the Seller and therefore referenced in the Product catalog, the Seller gives the Buyer the opportunity to test the Platform for a period of 10 (ten) days.

The Buyer must provide his bank details when registering for the Platform test phase.

The termination of this period may be carried out before the expiry of the period of 10 (ten) days, by sending a request by email to the following address: contact@westock-europe.fr.

Failing termination within the time limit, the Buyer will be committed to a 12 (twelve) month subscription, with tacit renewal.

5. ORDERING PRODUCTS ON THE PLATFORM

5.1 The Products offered for sale are described and presented with the greatest possible accuracy in the Product sheet. Nevertheless, a minimal variation in the color of the Product(s) does not engage the responsibility of the Seller and does not affect the validity of the Order.

5.2 The Seller reserves the right to correct the content of the Product catalog at any time.

5.3 The Buyer selects the Product(s) he wishes to purchase, and can access the summary of his Order in the Shopping Cart at any time. He is then informed of the total amount of his Order.

5.4 The Buyer is not subject to any minimum purchase per Order.

5.5 The Buyer has the option of modifying his Order and correcting any errors in the list of Products and their number, before accepting his Order.

5.6 After accessing the Basket, the Buyer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the validation button.

5.7 After acceptance of the GCS and validation of his Order and so that the shipping costs can be charged to the order, the Buyer enters the details to which he wishes to obtain delivery of the Product(s) ordered, and of invoicing if they are different, as well as the means of delivery if necessary. The delivery costs are then calculated and are taken into account in the summary and the total amount of the Order.

5.8 After having validated his delivery details and, where applicable, invoicing, as well as the means of delivery, where applicable, the Buyer proceeds to the payment of his Order according to the methods specified below in article 7. Payment is worth acceptance of the order.

5.9 After payment of the Order, the Seller sends the Buyer an Order confirmation by email, summarizing the elements of his Order and the delivery addresses and, where applicable, the billing information provided. This confirmation leads to the conclusion of the contract between the Seller and the Buyer and binds them irrevocably.

5.10 Any Order will be the subject of an invoice which will be sent to the Buyer by email to the address provided, at the time of delivery of the Order.

6. PRODUCT AVAILABILITY

The Products are offered as long as they are visible on the site https://www.westock-europe.fr and within the limit of available stocks. For non-stocked products, offers are valid subject to availability from the Seller's suppliers.

In case of unavailability of a Product after placing the Order, the Buyer will be informed of the unavailability of the Product by email. The Order of the unavailable Product will be automatically canceled and the value of the Product will be automatically refunded to the Buyer using the same method of payment used.

7. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER

7.1 The prices are mentioned on the Platform in the descriptions of the Products, in euros and inclusive of all taxes, excluding delivery costs. The delivery costs are indicated during the validation of the Order. These costs depend on the Product(s), the offer and the means of delivery.

7.2 The total amount is indicated in the Shopping Cart, before the Buyer proceeds to payment. This total amount is indicated inclusive of all taxes.

7.3 The Order of Products on the Platform is payable in euros. Full payment must be made on the day of the Order by the Buyer.

7.4 Payments for Orders are made by bank card only.

7.5 As such, the Platform uses the STRIPE security system, a service provider specializing in online payment security. This system guarantees the Buyer the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Buyer and the secure system is therefore fully encrypted and protected. The Buyer's bank details are not stored electronically by the Seller or by the Platform.

7.6 The Buyer can only make a one-time payment by providing their credit card number, expiry date and cryptogram and pay on the Platform's secure payment interface.

7.7 Payment is secured by the 3D Secure process, which allows verification of the Buyer, owner of the credit card used, by SMS or validation with his bank.

7.8 The Buyer may use a promotional or discount code when paying for his Order on the Platform. This type of code is valid until its expiry date and according to the conditions specific to each code. A code represents a monetary value or percentage off.

7.9 The Buyer warrants to the Seller that he has the necessary authorizations to use the payment method, when paying.

7.10 The Seller reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Buyer to the Seller, in the event of a payment incident, or in the event of suspicion, fraud or attempted fraud relating to the use of the site and the payment of an Order.

8. DELIVERY

8.1 The Product(s) offered on the Platform can be delivered to mainland France (including Corsica), the list of delivery locations is subject to change.

8.2 The Seller undertakes to deliver the Product(s) within a period not exceeding 7 (seven) working days from the date of the Order. Delivery times are 48 (forty-eight) hours to 7 (seven) working days depending on the availability of the Products.

8.3 The Buyer is informed by email, when his Order is ready, of its shipment. The Product(s) ordered is (are) delivered to the delivery address indicated by the Buyer when ordering under the conditions specified in article 4.1 of these GCS.

8.4 The Products are delivered via a carrier appointed by the Seller, who bears the risk of delivery. The Buyer will be informed of the progress of his Order and of the delivery by email: contact@westock-europe.fr.

8.5 The Buyer undertakes to inform the Seller of any change in billing and/or delivery details that may occur between the Order and the delivery, by sending, without delay, an email to the Customer Service email address. Failing this, in the event of a delay and/or delivery error, the Buyer cannot in any case engage the Seller's liability in the event of a delivery failure, and the Seller's Customer Service will contact the Buyer for a second delivery. at his own expense.

8.6 The Seller shall not be liable either if the non-receipt of the Product(s) is due to the fact of a third party outside its intervention or in the event of theft.

8.7 In case of return of the Order due to the absence of the Buyer, the latter will be notified of the passage remained unsuccessful by the carrier in charge of the delivery. The Buyer must contact the carrier directly, whose contact details are indicated on the carrier's tracking page, in order to schedule a new delivery or the collection of his package.

8.8 In the event that the Buyer does not withdraw his Order within the period provided by the carrier, the latter will no longer be available. The Buyer must then contact Customer Service in order to schedule a new Delivery of his Order, at his expense.

8.9 Unless otherwise stated at the time of the Order, delivery is subject to payment and at the expense of the Buyer. The delivery price will depend on the Buyer's location and will be indicated in euros including VAT.

8.10 Delivery entails the transfer of ownership of the Product(s) ordered.

9. RIGHT OF WITHDRAWAL

9.1 Buyers being professionals, they cannot benefit from the right of withdrawal provided for by the Consumer Code.

9.2 They cannot benefit from the exception provided for by article L121-16-1 either, because the following conditions cannot be met:
– The contract is concluded off-premises, ie outside the place where the professional usually carries out his activity, with the exception of contracts concluded at a distance which are not considered as contracts concluded off-premises;
– The contract does not fall within the scope of the professional's main activity;
– The professional does not employ more than five employees.

9.3 However, the Seller agrees to grant the Buyer, exceptionally, a withdrawal period of 10 (ten) days, during which the Buyer may request a return of the Product(s) to the following email: contact@westock-europe.fr.

9.4 The return must then be organized at the Buyer's expense within the same period of 10 (ten) days from receipt of the Product.

9.5 The Buyer must pack the Product(s) with care and remains free to choose the shipping method of his choice. He thus bears the risk and costs related to the return of the Product(s). The Product(s) must be returned in its/their original condition at the time of delivery and with all the packaging elements, accessories and instructions (even if the Product(s) has or have been unpacked).

9.6 Product(s) that meet all return requirements, returned complete and in as-delivered condition will be accepted.

9.7 In this case, the Seller shall reimburse the Buyer for the amount corresponding to the returned Product(s), according to the method of payment chosen by the Buyer during the initial transaction. This refund will not incur any costs for the Buyer. The refund is made as soon as possible.

10. CUSTOMER SERVICE

10.1 For any request for information, clarification or for any complaint, the Buyer must contact, as a priority, the Customer Service of the Seller, in order to allow the latter to try to find a solution to the problem.

10.2 The Seller's customer service is accessible by using the following email: contact@westock-europe.fr.

11. LEGAL, CONTRACTUAL AND COMMERCIAL GUARANTEES

11.1 Legal guarantee

All the Products offered by the Seller are subject to the legal guarantee against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article 1641 of the Civil Code: ''The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the Buyer does not would not have acquired, or would have given only a lesser price, if he had known them.'

Article 1648 of the Civil Code, first paragraph: ''The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.''

If the Buyer believes that he has received a Product which he considers to be defective or non-compliant, he must contact the Seller via the Platform, as soon as possible after receipt of the Order, specifying the defect or non-compliance. compliance in question.

It will be up to the Buyer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Buyer must allow the Seller every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Seller, the latter will then send the Buyer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will replace the Product whose the Seller would have had to note the lack of conformity, or the defect.

In the event that the exchange of the Product is impossible, the Seller will be required to reimburse the Buyer within fourteen days of receipt of the Product. The refund will be made by the same means of payment as that used for the initial transaction.

The responsibility of the Seller and the Platform would not be engaged for any material or immaterial damage caused by one of the Products.

11.2 Commercial warranty

The Buyer has a period of one (1) year from receipt of the Product(s) to implement the commercial warranty offered by the Seller.

This warranty allows the Buyer to return a defective Product to the Seller so that it can be replaced or repaired.

However, this warranty cannot be implemented if the Product is damaged for one of the following reasons:
- Broken ;
- Humidity ;
– Apparent shock;
- Humidity ;
– Oxidation.

The request for implementation of the commercial guarantee must be made by email to the following address: contact@westock-europe.fr. The body of the email should also include the following information:
- Date of the order ;
– Order number;
– Detail of the article;
– Types of problems observed;
- Object of the request.

The shipment must then be organized at the Buyer's expense according to the same terms as for the exercise of the right of withdrawal provided for in article 9 above.

12. BUYER'S OBLIGATIONS

12.1 The Buyer undertakes to comply with the terms of these GCS.

12.2 The Buyer agrees to use the Platform in accordance with the Seller's instructions.

12.3 The Buyer agrees that he only uses the Platform for his professional use, in accordance with these T&Cs. In this regard, the Buyer agrees to refrain from:

– To use the Platform in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;
– To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Platform, with the exception of the technical sheet of the Product which may be used for professional activity of the Buyer;

To use the photographs of the Products as appearing on the Platform without having obtained the prior and written consent of the Seller;

– To decompile, reverse engineer, disassemble, modify, display in a form readable by the Buyer, attempt to discover any source code or use any software activating or comprising all or part of the Seller's website;
– To attempt to obtain unauthorized access to the computer system of the Seller's website or to engage in any disruptive activity, decreasing the quality or interfering with its performance or deteriorating its functionality;
– To use the Platform for abusive purposes by deliberately introducing viruses or any other malicious program;
– Infringe the intellectual property rights of the Seller;
– To disparage the Platform and/or the Products as well as the Seller on social networks and any other means of communication.

12.4 If, for any reason, the Seller considers that the Buyer does not comply with these GCS, the Seller may at any time, and at its sole discretion, remove its access to the Platform and take all measures including any civil legal action. and criminal charges against him.

13. RESPONSIBILITY

13.1 The Seller implements all appropriate measures to ensure the Buyer the supply, under optimal conditions, of quality Product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Buyer or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Seller's liability were to be engaged, it could in no case accept to compensate the Buyer for direct or indirect damages or damages whose existence and/or quantum would not be established by evidence.

13.2 The Platform may contain links to other sites (to social networks in particular) not published or controlled by the Seller, who cannot be held responsible for the operation, content or any element present or obtained through of these sites.

13.3 The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and cannot be interpreted as an express or tacit endorsement, by the Seller, of these sites and these elements. or their contents.

13.4 The Seller is not responsible for the availability of these sites and cannot control their content or validate the advertising, the Product(s) and other information disseminated on these websites.

13.5 It is expressly stipulated that the Seller shall in no case be held responsible, in any way whatsoever, for the event that the Buyers' computer equipment or electronic messaging system rejects, for example due to anti-spam, the e-mails sent by the Seller, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the follow-up e-mail(s) 'dispatch.

13.6 The Buyer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Seller would never have contracted.

14. PERSONAL DATA

14.1 The Seller attaches great importance to respecting personal data and takes all necessary measures to ensure the confidentiality and security of Buyers' personal data.

14.2 As part of the supply of the Product(s), the Seller collects personal data from Buyers and in particular the following data:
- E-mail adress
- First name
- Last name
– SIRET number
– Postal address and delivery address
- phone number

14.3 The Seller collects and processes the personal data of Buyers, as data controller, for the following purposes:
– Supply of the Product(s) on the Platform;
- Order management ;
– Management of returns, exercise of the right of withdrawal, payment, invoicing, etc.;
– Information on the Products, and on the activities of the Seller;
– Response to any questions/complaints from Buyers;
– Development of statistics;
– Management of requests for rights of access, rectification and opposition;
– Management of outstanding payments and litigation;
– Improvement of its services.

14.4 Data relating to the management of Buyers' personal data is kept for the strictly necessary period as defined by the General Data Protection Regulations of May 23, 2018.

14.5 Data may be transferred abroad.

14.6 The Seller may communicate personal data in order to cooperate with administrative and judicial authorities.

14.7 The Buyer has a right to access, update, rectify and delete his personal data. He can make the request at any time to the Seller, responsible for processing.

14.8 The Buyer may also at any time withdraw his consent to the processing granted and oppose the processing, for legitimate reasons.

14.9 The Seller takes care to secure the Buyers' personal data in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons. .

14.10 Obligations of Buyers:
– Buyers acknowledge that the personal data disclosed by them is valid, up-to-date and adequate;
– Buyers undertake not to infringe the privacy, image and protection of personal data of any third party and thus not to communicate to the Seller the data of third parties without their consent.

14.11 Under Decree No. 2012-436 of March 30, 2012 relating to the retention and communication of data and the General Data Protection Regulations, the Buyer is informed that the site host has the obligation to keep for a period of one year from the day of content creation, for each operation contributing to the creation of content:
– Information allowing the user to be identified;
– Data relating to the communication terminal equipment used;
– The technical characteristics, date, time and duration of each communication;
– Data enabling the recipient or recipients of the communication to be identified.

14.12 In the event of termination of the contract or closure of the account, the host must also keep as archives, for one year from the day of termination of the contract or of the closure of the account, the information provided during the subscription of a contract (Order) by the Buyer or when creating an account, namely:
– Identifier of this connection;
– The surname and first name or the company name;
– The associated postal addresses;
– The pseudonyms used;
– The associated email or account addresses;
– Telephone numbers;
– The password as well as the data allowing it to be checked or modified, in their latest updated version.

15. COOKIES AND STATISTICAL TOOLS

15.1 As part of the use of the Platform by Buyers, the Seller may use cookies.

15.2 In accordance with CNIL deliberation number 2020-091 dated September 17
2020, the Seller informs Buyers that cookies record certain information which is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Platform. An alert message asks each person visiting the website https://westock-europe.fr/ if they wish to accept or refuse cookies.

15.3 The Buyer visiting the Platform home page will be informed:
– the specific purposes of the cookies used;
– the possibility of independently opposing each cookie and changing the settings by changing the settings of your browser;
– the possibility of accepting the deposit of each of the cookies on his terminal.

15.4 To guarantee the Buyer's free, informed and unequivocal consent, the banner will not disappear until he continues browsing.

15.5 The Buyer will be informed and will have to reformulate his consent each time he is redirected to a page outside the Platform.

16. SECURITY

The Buyer undertakes not to compromise the security of the Platform. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Seller's information system. The Buyer may not harm or hinder the Seller's information system either. Otherwise, the Seller may take any action against it and in particular incur criminal liability under Articles 323-1 and following of the Penal Code.

17. INTELLECTUAL PROPERTY

17.1 All of the elements appearing on the Platform are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the Seller. All these rights are reserved for the whole world.

17.2 In principle, the Buyer may not freely use the visual elements present on the Platform and in particular the photographs of the Products, with the exception of the technical descriptions of the Products and this, in accordance with article 12.3 of these GCS. Also, if the Buyer wishes to use the photographs of the Products, he must seek prior authorization from the Seller by sending an email to the address contact@westock-europe.fr specifying the photograph of the Product in question as well as the scope of use of said photograph.

The Seller may or may not authorize such use at its sole discretion. Any exploitation without prior express and written authorization from the Seller or outside the authorized perimeter will be under the sole responsibility of the Buyer who must, if necessary, respond to all claims or actions that may be brought against the Buyer. He must also guarantee the Seller if the latter were to be sought because of this unauthorized use.

 17.3 The WESTOCK EUROPE name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on the Platform are and will remain the exclusive property of the Seller.

17.4 No title or right whatsoever to any element or software will be obtained by downloading or copying elements from the website https://westock-europe.fr/. It is strictly forbidden for any Buyer to reproduce, publish, edit, transmit, distribute, show, remove, delete, add to the Platform and the elements and software it contains, nor modify them or carry out any work in them. based on, nor sell or participate in any sale in connection with this Platform, the elements of this Platform or any related software.

17.5 The Seller grants the Buyer a non-exclusive license to use the website linked to the Platform. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use only.

17.6 Any use by the Buyer of the company names, trademarks and distinct signs belonging to the Seller is strictly prohibited except in the case of the express and prior agreement of the Seller.

18. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

18.1 These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.

18.2 In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GCS, the Buyer may decide to submit the dispute with the Seller to a mediation procedure. agreement or any other alternative dispute resolution method.

18.3 The Buyer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution organizations approved in France: https://webgate. ec.europa.eu/odr/.

18.4 In the event of failure of this mediation procedure or if the Buyer wishes to seize a court, the rules of the civil procedure code will apply, the courts of Paris having sole jurisdiction.