General Terms and Conditions of Sale
The present provisions establish the general terms and conditions of sale of the products offered by WouafWouaf company on its website under URL http://www.WouafWouaf.com
Your checking the box « I declare that I have taken notice of and accepted the general terms and conditions of sale » means both that you are purchasing the product offered and that you have accepted the present general terms and conditions of sale.
WouafWouaf company invites you to carefully read the following provisions.
WouafWouaf company hereby specifies that it is not possible to purchase a product without having accepted the present general terms and conditions of sale.
WouafWouaf company whose principal address is at 34 rue de la Gare, CH-1196 Gland, is registered with the Register of commerce and companies of the Canton de Vaud under number CH-550-1101881-1.
ARTICLE 1 - Purpose
The present General terms and conditions establish the rights and obligations of WouafWouaf company and of the client as regards the sale of the products offered on the website of the company.
The General terms and conditions of sale constitute the entire rights and obligations of WouafWouaf company and of the client, no other condition being susceptible of integration therein.
Sales are restricted to adult clients or to minors with a parental authorisation.
WouafWouaf company reserves the right to modify its general terms and conditions of sale at any time. In the event of a change, applicable terms and conditions shall be those in effect on the date of the client’s order.
ARTICLE 2 – Offer specifications
Products and services offered are those listed in the catalogue published on WouafWouaf company’s website.
Such products and services are offered within the limit of available stocks for a specified term; the attention of the client is drawn on the limit of availability in time.
WouafWouaf company makes the whole of the basic specifications of the offered products known to the client. Such specifications appear in connection with the picture illustrating the offer.
WouafWouaf company invites the client to read those specifications carefully. In general, these characteristics relate to the dimensions, quantity, colour and components of the offered products.
The client acknowledges that the picture representing the product on the website has only an indicative value. Alterations may indeed appear due to the processing of the picture.
The client acknowledges that the product will be shipped by parcel post.
The products and services offered for sale on WouafWouaf company’s website may be purchased and delivered only in Switzerland and abroad.
WouafWouaf company reserves the right to modify the country or countries of delivery at any time.
ARTICLE 3 - Prices
Prices are shown in CHF = Swiss Francs, conversion into EUR and US Dollars being given for comparison purposes only.
Prices shown in CHF in the catalogue are inclusive of all taxes, subject to possible rebates and to the VAT rate applicable on the date of the order; any change of rate may be applied to the price of the products or services.
Prices shown are guaranteed within the limits of available stocks.
WouafWouaf company reserves the right to modify prices at any time, provided that the price showing on the catalogue on the date of the order shall prevail subject to typographical error or omission.
Prices shown are exclusive of delivery costs which shall be invoiced in addition and specified to the client at the time of the final validation of the order.
ARTICLE 4 - Order
WouafWouaf company reserves the right to cancel or refuse any order from a client for whom the payment of a prior order is under dispute or who, in its opinion, would present any form of risk.
A client wishing to purchase a product of a service shall mandatorily:
- Fill in his/her basket with the selected products of services.
- Fill in a form on which to indicate all coordinates needed to register and create a client account (civil status, last name, first name, complete delivery and invoicing address, telephone number, eMail address and password) or, if already holding a client account, indicate his/her eMail address and password and validate his/her delivery and invoicing address.
- Select the mode of delivery and of payment; if the client holds a discount voucher, he/she shall enter his/her code in the appropriate box.
- Validate his /her order after verification.
Validation of the order carries the acceptance of the present general terms and conditions of sale, the acknowledgement of having the full understanding thereof and the waiver of invoking one’s own purchase or other conditions.
The client is then bound irrevocably and his/her acceptance may not be challenged, save for the implementation of articles 8 and 9.
The entire data provided and the registered validation shall constitute the proof of the transaction.
The validation shall have the value of signature and acceptance of the operations performed.
By validating the order, the client attests that he/she is either 18 years of age or holds a parental authorisation to proceed with the order.
The authorised minor shall inform his/her parental authority of the retrieval of his/her personal data, the latter being entitled to oppose the conservation and/or transmission thereof to third parties.
WouafWouaf company shall intimate the confirmation of the registered order via eMail.
ARTICLE 5 - Payment
Payment shall be effect upon ordering. Unless the server is unavailable, payment shall be effected immediately on the Internet with a credit card (Debit direct, Visa, Eurocard/Mastercard...) or via Paypal, MoneyBookers, ClickandBuy, and others.
The client represents and warrants that he/she holds the necessary authorisations to effect the selected payment.
When payment is effect by credit card, the payment order may be revoked for fraudulent use of the credit card in accordance with the convention entered into by and between the client and his/her bank.
ARTICLE 6 - Secured transactions
In order to ensure secured payments, WouafWouaf company’s website uses the secured payment services of PayPal, MoneyBookers, ClickandBuy, and others, so that financial information is never communicated to WouafWouaf company. PayPal, MoneyBookers, ClickandBuy, and others, encrypts and protects the number of the credit card once and for all.
The client pays online by indicating only his/her eMail address and password.
ARTICLE 7 - Delivery
WouafWouaf company shall deliver ordered products within 30 days of the order. Delivery times shown are purely indicative; when exceeding 30 days, the order may be cancelled and the Client reimbursed.
If the product is not available, the client shall be informed soonest and may cancel his/her order. He/she then may claim reimbursement.
The products are delivered to the address indicated by the client when ordering. Any claim shall be introduced within 3 days from delivery by registered letter addressed as follows:
Société WouafWouaf - Service des réclamations
13 Rue du jura
The client shall verify the general appearance of the packaging of the delivered product; in the event of damages, he/she shall so report. In the event of the non-conformity of the delivered product, WouafWouaf company shall reimburse the client.
Standard shipping costs by « Swiss Post » parcel are invoiced in the amount of CHF 6 to 50, all taxes included, depending on the destination for an order of less than CHF 200.00 for an order exceeding CHF 200.00, all taxes included, these costs are forfeited irrespective of whether products on sale are included or not (unless specified otherwise on the website).
Delivered products remain the property of WouafWouaf company until remittance to the transporter for shipping once the client has paid the price.
WouafWouaf company reserves the right to refuse to process a delivery or to honour an order emanating from a client wholly or partly in default of payment of a prior order or with whom such a payment is being disputed.
ARTICLE 8 – Withdrawal Period
In accordance with the law, the client may withdraw an order within 7 days from the delivery of the ordered product and shall be entitled to return such a product to WouafWouaf company without justification.
If the client exercises his/her right of withdrawal in time, WouafWouaf company shall reimburse amounts paid within maximum 30 days provided the client has scrupulously followed the rules and timelines for returns specified at article 9 and recalled under « Return Requested » in the client’s account.
Any return not following this procedure shall see the corresponding processing time and repayment substantially delayed.
ARTICLE 9 – Repayment Conditions
Under the rubric “My Orders” of the client account, the client shall select the order concerned and, in the column “Return”, indicate the cause of the return for the order or orders intended to be returned to WouafWouaf company.
The client, then, shall tick the shipping mode for his/her return.
The client shall validate his/her return request on that same page.
WouafWouaf company shall confirm the taking over of the return to the client via eMail. This eMail shall constitute the return voucher and shall contain an identification number.
The client may either print this return voucher and enclose it in the return parcel or write it out clearly on the delivery voucher which, in any event, shall be enclosed in the return parcel.
All returns shall include the delivery voucher initially present in the parcel (a photocopy as the case may be) and the identification number of the return issued by WouafWouaf company so as to enable our logistics partner to handle the return within 24 hours from receipt.
Return of the parcel The client shall return the parcel at the address indicated in the eMail confirming the taking over of thereof.
Related shipping costs shall be borne by the client.
To be validated by our logistics partner, products returned shall not have been worn or washed, shall still show the original label and packaging (box, plastic bag, etc.) intact under pain of refusal and return to the originator.
In the event of errors attributable to WouafWouaf company (ground 1 “Defective Item” or ground 2 “the product received is not the ordered one” in the rubric “My Orders” of the client account), WouafWouaf company shall reimburse the return shipping costs assumed by the client. The client shall submit a transporter’s bill in order to be reimbursed.
The return procedure conditions specified above shall remain the same.
ARTICLE 10 – Discount Vouchers
Discount vouchers do not cover shipping costs.
Discount vouchers may not be cumulated.
Discount vouchers may not be exchanged for cash.
In the event of products returned for reasons not attributable to WouafWouaf company, discount vouchers may not be reused for a new purchase.
Reimbursements of returns shall bear solely on the amounts effectively paid, i.e., at the exclusion of that part covered by the discount voucher.
ARTICLE 11 – Intellectual Property
All elements of the WouafWouaf company website are and shall remain the sole intellectual property of WouafWouaf company.
No one is authorised to reproduce, exploit, re-advertise or use in any way, even partially, elements of the website whether they are software, video or audio.
Any simple link or by hypertext is strictly prohibited without the express written consent of WouafWouaf company.
ARTICLE 12 - Liability
Within the online sales process, WouafWouaf company is bound only by an obligation of means; its liability may not be called for an inconvenience or damage linked to the use of the Web such as losses of data, intrusions, viruses, service breakdowns, other involuntary problems or event of Force Majeure in accordance with the law and the prevailing case law.
ARTICLE 13 – Personal Data
The client warrants that he/she is aware that, for the proper processing of an order, personal data retrieved shall be subject to electronic processing.
In this connection, personal data may be communicated to business partners of WouafWouaf company.
The client shall be entitled to oppose such a communication by written mail addressed to the principal offices of WouafWouaf company.
In accordance with the law, the client enjoys as well of a right of access and of rectification in respect of any information concerning him/her in the files of WouafWouaf company.
WouafWouaf company is using cookies in order to identify the client when accessing its website.
The client may at any time deactivate the use of such cookies by selecting the appropriate parameters in his/her browser.
ARTICLE 14 – Applicable Law and Settlement of Disputes
The present general terms and conditions of sales are governed y Swiss Law.
In the event of a dispute, the client shall solicit WouafWouaf company first in order to agree on an amicable settlement.
The fact on the part of WouafWouaf company to waive recourse to the client’s failure to comply with any of his/her obligations under the present general terms and conditions of sales shall not be interpreted as a waiver of such obligations in the future nor of the right of the client to invoke such a failure at a later date.
ARTICLE 15 – Legal References and Contact
WouafWouaf company, with principal offices at 13, Rue du jura, P.O.Box 1196, Gland, Switzerland,
is registered with the Register of Commerce and Companies of Canton de Vaud under number
Copyright WouafWouaf© 2011, Register N°: CH-550-1101881-1