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Terms and Conditions

Terms and Conditions of Sale (TCS)

1.Purpose and Scope

These Terms and Conditions of Sale ("TCS") apply to contracts related to the sale of products by WwowW SAS (hereinafter "the Seller") concluded online on the website www.chakranoir.com ("the Site") or by any other means, between WwowW SAS ("the Seller") and any consumer customer ("Customer"), defined as any individual aged 18 or older who acts for purposes not within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, hereinafter referred to as the "Customer." In the event that one or more provisions of these TCS are deemed invalid or declared as such in accordance with legislation, regulations, or a final decision of a competent court, the remaining provisions shall retain their full force and effect. The Seller reserves the right to modify these TCS without notice and at any time; such modifications will be applicable to all orders placed after these modifications. In accordance with Article 1369-1 of the Civil Code, these General Terms and Conditions of Sale may be stored by anyone visiting the Site through computer recording and may also be reproduced by the Customer through printing.

2.Orders

Any order for products through the Site or by any other means implies the unreserved acceptance by the Customers of these TCS. Consequently, any order placed by the Customer can only be definitively validated after the express acceptance, without restriction or reservation, of these TCS.

2.1. Ordering Products

Orders are placed via the Site: www.chakranoir.com. The signing of the order form or validation of the shopping cart constitutes the Customer's unreserved acceptance of these TCS. An order becomes final only after the Seller's written acceptance.

2.2. Order Acceptance Conditions

For Customers, in accordance with Article L. 121-11 of the Consumer Code, the Seller reserves the right to refuse any sale or service provision for legitimate reasons.

2.3. Essential Characteristics of the Products

The Seller describes on the Site the essential characteristics of the products offered for sale. The products are those displayed on the Site at the time of the Customer's consultation. The offers are valid as long as they appear on the Site.

2.4. Visual Representation of the Products

The Seller presents the products through photographs and photomontages. The photographs serve as a portrayal of the products being worn; colors may vary during shooting or post-processing. Viewing them on differently calibrated screens may also alter perception. These color variations do not bind the seller. For optimal size selection, refer to the size guides accompanying the product photos.

2.5. Notices and Usage Instructions

Customers are invited to read the user manuals or any other information provided with the products, especially information related to any precautions, conditions, and usage restrictions.

3. Product Delivery Times

Orders are shipped within 3 to 5 business days from the receipt of payment. Delivery in metropolitan France is free for orders over 150 euros. Delivery times are generally as follows:

  • For France: 2 to 5 business days from the shipment of orders by the Seller;

  • For Europe: 3 to 15 business days from the shipment of orders by the Seller;

  • For the rest of the world: 3 to 15 business days from the shipment of orders by the Seller.

More precise deadlines will be indicated to Customers after receiving their payment, in the form of tracking numbers or emails specific to the carriers chosen for product transportation.

4. Transportation / Delivery

In accordance with Article L. 216-4 of the Consumer Code, any risk of loss or damage to the products is transferred to the Customer at the moment when the Customer or a third party designated by them, other than the carrier proposed by the Seller, physically takes possession of the products. Any specific packaging required by the Customer or by the laws and regulations of the receiving country will be subject to invoicing for the corresponding costs. In any case, the Customer must check shipments upon arrival. In case of missing or damaged goods during transportation, it is advisable for the Customer to make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within 3 days (excluding holidays) following delivery, by registered mail with acknowledgment of receipt (Article L133-3 of the Commercial Code). The mentions "subject to unpacking" and "subject to assembly" will not be accepted.

5. Return of Goods / Right of Withdrawal

The Customer has a right of withdrawal for the order of products, the exercise of which is detailed in the attached box.

6. Prices

All prices are those in effect on the day of the order. The Seller reserves the right to modify its prices at any time. The Customer is solely responsible for verifying the importation possibilities of the ordered products with respect to the law of the territory of the delivery country. Any customs duties or local taxes are the exclusive responsibility of the Customer.

7. Discount

No discount will be granted for early payment.

8. Payment Terms

Payment for orders is made by online payment following the instructions displayed on the Site. In the case of an order by email or through the "contact" tab on the website www.chakranoir.com, payment must be made by bank transfer to the account specified by the Seller. In case of late payment, the Seller may suspend any ongoing order until full payment is received.

9. Late Payment

In the event of late payment, late payment penalties may be applied, without any prior reminder, at a rate equal to the latest refinancing operation of the European Central Bank, increased by ten percentage points. These penalties will be due from the day following the settlement date until the full payment of the price, inclusive of all taxes.

10. Resolutive Clause

In the absence of full payment on the due date, the sale may be automatically resolved without prejudice to any other damages that the Seller may claim.

11. Retention of Ownership

The Seller retains ownership of the sold goods until full payment of the price, including principal, fees, and taxes. The payment is considered made when the Seller's account is irrevocably credited.

12. Guarantee

The Customer benefits from the legal guarantee of conformity and the guarantee against hidden defects. Details are provided in the attached box.

13. Intellectual Property

The Seller retains full ownership of the intellectual property rights to the name "Chakra Noir" and all graphic elements related to the products presented on the Site. Any unauthorized reproduction is strictly prohibited.

14. Data Protection

The Seller processes the Customer's personal data in accordance with applicable regulations. The Customer may exercise their rights by contacting the Seller.

15. Technical Problems - Hypertext Links

The Seller is not responsible for any technical problems encountered on the Site. Hypertext links may lead to third-party sites; the Seller disclaims any responsibility for the content of these sites.

16. Liability - Force Majeure

The Seller is not liable for any failure to perform its obligations in the event of force majeure, as defined by French jurisprudence.

17. Disputes - Mediation

Any dispute concerning the interpretation and execution of these general terms and conditions of sale is subject to French law.

In the event of a dispute, customers must first contact the sellers Guillaume Peroua & Perrine Dejust through the website via the contact tab.

If the Seller's complaint request fails or there is no response within one (1) month, the customer may resort to a mediation procedure by contacting the Center for Consumer Mediation of Justice Conciliators (CM2C), either through the online dispute declaration service: https://cm2c.net/declarer-un-litige.php, by email at the following address: cm2c@cm2c.net, or by mail at the following address: 14 rue Saint Jean, 75017 Paris. Alternatively, customers can access the European Online Dispute Resolution platform at the following address: http://ec.europa.eu/odr. The consumer is free to accept or refuse mediation, and Article R. 631-3 of the Consumer Code is applicable.

Customers acknowledge having read these general terms and conditions of sale and accept them without reservation.

Consumer Information - Right of Withdrawal

If you are a consumer within the meaning of the Consumer Code, the following provisions apply to you:

RIGHT OF WITHDRAWAL

Annex

You have the right to withdraw from the present contract without giving any reason within a period of fourteen days. The withdrawal period expires fourteen days after the day (i) the contract is concluded, if it is a service contract, or (ii) you, or a third party other than the carrier and designated by you, physically takes possession of the goods, if it is a sales contract. To exercise the right of withdrawal, you must notify the Seller at the address indicated on the withdrawal form of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post, fax, or email). You can use the withdrawal form template, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and, in any case, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any case, this reimbursement will not incur any fees for you. We may defer the reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earliest.

You must return or return the goods to the Seller without undue delay and, in any case, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to be met if you return the goods before the expiration of the fourteen-day period. You will have to bear the direct cost of returning the goods to the extent that it can be sent by post. Your liability is only engaged in relation to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods.

LEGAL WARRANTIES

The following legal warranties apply regardless of any commercial warranty granted.

Excerpts from the Consumer Code:

Legal Warranty of Conformity

  • Art. L. 217-4: The Seller delivers goods that conform to the contract and is responsible for conformity defects existing at the time of delivery. It is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these were made its responsibility under the contract.

  • Art. L. 217-5: The goods conform to the contract if it:

    1. Is suitable for the customary use of a similar good, and, where applicable:

      • It corresponds to the description given by the Seller and possesses the qualities that the Seller presented to the buyer in the form of a sample or model;

      • It has the qualities that a buyer can legitimately expect given the public statements made by the Seller, the producer, or their representative, particularly in advertising or labeling;

    2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the Seller's attention and accepted by them.

  • Art. L217-7: Conformity defects appearing within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For used goods, this period is set at six months.

  • Art. L. 217-9: In the case of a conformity defect, the buyer chooses between repairing and replacing the goods. However, the Seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the Seller must proceed, unless impossible, according to the option not chosen by the buyer.

  • Art. L. 217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

  • Art. L. 217-16: When the buyer asks the Seller, during the commercial warranty period granted to them during the acquisition or repair of a movable good, for restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or the availability for repair of the property in question, if this availability is later than the request for intervention.

Excerpts from the Civil Code

On the guarantee of defects of the thing sold

  • Article 1641: The Seller is liable for hidden defects in the item sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given it a lower price, if they had known about them.

  • Article 1644: In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded, as will be determined by experts.

  • Article 1648: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.


 

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