Article 1 - GENERAL INFORMATION

Any order for products made remotely from WIZWEDGE, a limited liability company with a capital of 1,000,000 euros, whose registered office is located at 114 boulevard Camille Flammarion – 13004 Marseille – France, registered with the Marseille Trade and Companies Register under number 750 722 076 (the “Seller”) via its website https://wizwedge.com (the “Site”) by any consumer buyer, for their personal use (hereinafter the “Customer”) is governed by these general terms and conditions of sale (the “GTC”) which constitute the entire contractual relationship between the parties.

Any order can only be validated after unreserved acceptance of these General Terms and Conditions. The Customer's acceptance of the General Terms and Conditions is evidenced by an acceptance click provided for this purpose before any order validation. The applicable General Terms and Conditions are those in force at the time of order validation. The General Terms and Conditions prevail over any other document exchanged between the parties, regardless of when this document may have been brought to the attention of the Seller. Any special condition deviating from or adding to the General Terms and Conditions must be subject to prior written acceptance by the Seller.

Article 2 - ORDER

The ordering procedure consists of the following steps. The Customer selects the product(s) in which he/she is interested by clicking on the “Add to cart” box.

Each new addition to the basket is indicated to the Customer by the appearance of the number of items in the basket at the top right of the page.

At any time, the Client may:

- Obtain a summary of the products he has selected or modify his order by clicking on the basket, accessible at the top right of each page;

-Continue your product selection;

-Complete your product selection and order the products in your basket by clicking on the “Order with mandatory payment” tab, accessible in your basket.

To finalize the order, the Customer must identify himself, either by accurately filling in the fields of the form made available to him, on which he will include the information necessary for his identification and in particular his surname, first name, e-mail, postal address, telephone number, this information being obligatory for the processing and delivery of orders and the establishment of invoices, or by entering his username and password, if he is already registered.

Once logged in, the Customer fills in the field corresponding to the desired delivery address and then clicks on the box corresponding to the desired delivery method. The price corresponding to each delivery method is indicated.

Before confirming the order and proceeding to payment, a summary appears on the screen showing the Customer's choices, including the price of the products, their quantity and unit cost, as well as the total amount of the order, the Customer's contact details and the delivery address for the products. The Customer can modify their order and correct any errors at any time.

After checking the summary status of the order, the Customer clicks on the box "I confirm my basket" and must accept the general conditions of sale by checking the box provided for this purpose stating "I acknowledge having read and fully accept the Seller's general conditions of sale".

The Customer must then proceed to payment by clicking on the box "I confirm and pay for my order". Payment is made using the secure payment system "3D Secure" by credit card.

The order is then registered and cannot be modified, without prejudice to the application of article 5 of these T&Cs relating to the right of withdrawal.

Upon receipt of payment for the order, the Seller sends an acknowledgment of receipt to the Customer by email confirming the order.

Article 3 - DELIVERY

Products are delivered only to the countries listed on the Site.

Delivery is made within the time period corresponding to the delivery method chosen by the Customer.

This deadline is also indicated in the order confirmation email sent after receipt of payment for the order.

The products are delivered to the address provided when ordering and in accordance with the delivery method chosen by the Customer.

Article 4 - AVAILABILITY OF PRODUCTS

Unless otherwise stated, the prices of products on the Site are indicated in Euros (€) and include all taxes. For purchases outside Europe, these prices do not include any customs fees, which will remain the responsibility of the buyer.

The prices indicated do not take into account delivery costs which are invoiced in addition and the cost of which is communicated to the Customer before the final validation of his order and included separately in the order summary, it being specified that this summary also mentions the total price to be paid.

The products are offered for sale within the limits of available stocks at the time of the order placed by the Customer and as long as they are visible on the Site.

Article 5 - RIGHT OF WITHDRAWAL

The Customer has a right of withdrawal within 14 days of receiving their order. The Customer must notify the Seller of their wish to withdraw by email to sales@wizwedge.com.

The Customer must then return the products to the Seller within 14 days of communicating their decision to withdraw. Return costs are fully borne by the Seller for purchases in France, provided that the Customer uses the return label provided by the Seller. Otherwise, the Customer alone bears the return costs.

The Customer may be held liable by the Seller in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.

Only products returned in their original condition will be accepted and refunded.

All sums paid by the Customer will be refunded by the Seller to the bank card used to pay for the order no later than 14 days following the date on which the Seller becomes aware of the Customer's decision to withdraw. The Seller may defer reimbursement until the products have been recovered or until the Customer has provided proof of shipment of these products, whichever comes first.

Article 6 - GUARANTEES - CLAIMS

Complaints : Upon delivery of the order, the Customer must immediately check the conformity and condition of the products in relation to the order in the presence of the carrier. In particular, the Customer must check the quality and quantity of products, their condition and their characteristics.

If the products do not conform to the order or are damaged, the Customer must, where applicable, make any reservations and complaints to the carrier or refuse delivery if the package is damaged or open, and send their complaints by registered letter addressed to WIZWEDGE – 114 boulevard Camille Flammarion – 13004 MARSEILLE, or by email to sales@wizwedge.fr within 7 days of delivery, specifying and fully justifying the reasons for the complaint. No complaints will be taken into account after use of the products. No spontaneous returns, without the Seller's agreement, will be accepted.

Legal guarantee : The Seller guarantees against defects in conformity of the products and hidden defects under the conditions provided for by articles L. 211-4 to L. 211-13 of the Consumer Code and by articles 1641 to 1648 and 2232 of the Civil Code.

In accordance with the provisions of Article L. 211-15 of the Consumer Code, Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full below:

Article L. 211-4 of the 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. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."

Article L. 211-5 of the Consumer Code: “ To comply with the contract, the goods must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

• correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
• present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ”

Article 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them .”

Article 1648 paragraph 1 of the Civil Code: “ The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. ”

In the event of a lack of conformity, the Customer:

• benefits from a two-year action period from the delivery of the product
• may choose between repair or replacement of the goods, subject to the conditions provided for in Article L. 211-9 of the Consumer Code in the event that the cost of the option chosen by the consumer would be disproportionate taking into account the value of the goods or the extent of the defect
• is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the guarantee against hidden defects in the item sold provided for by Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with the terms of Article 1644 of the Civil Code.

Article 7 - DATA PROTECTION ACT

The Seller collects personal data provided by the Customer, particularly when placing an order on the Site. This information is used by the Seller to process orders and manage customer relations. The Seller is authorized to send all information relating to its products and to transmit its commercial offers via the Customer's email address.

In accordance with the French Data Protection Act of 6 January 1978, as amended, the Client has the right to access, rectify, and delete their personal data. The Client may exercise this right at any time by sending an email to sales@wizwedge.fr, stating their first and last name, address, and the purpose of their request.

Article 8 - RESERVATION OF OWNERSHIP:

The products ordered remain the property of the Seller until full payment of the price by the Customer, in principal and interest. In the event of a payment incident on the agreed due date, the Seller reserves the right to implement all useful measures to recover the products.

Article 9 - FORCE MAJEURE

The Seller shall not be liable in the event of non-performance or partial performance of its obligations under the contract, if such non-performance is caused by an event constituting force majeure, including in particular strikes, fire, explosion, floods, serious accidents, earthquakes, or in the event of the occurrence of any events beyond the control of the Seller.

Article 10 - APPLICABLE LAW – MEDIATION – COMPETENT JURISDICTION:

These T&Cs are subject to French law.

In the event of a dispute arising from an order placed subject to these General Terms and Conditions, the Customer must send their complaints by registered letter to WIZWEDGE – 114 boulevard Camille Flammarion – 13004 MARSEILLE, or by email to sales@wizwedge.fr within 7 days of delivery, specifying and fully justifying the reasons for the complaint. No complaints will be taken into account after use of the products. No spontaneous returns, without WIZWEDGE's agreement, will be accepted.

If the dispute is not resolved after such a complaint, the Customer has the option of resorting to an alternative dispute resolution method.

The Customer has the right to use, free of charge (excluding any legal and expert fees), a consumer mediator with a view to amicably resolving the dispute between him and the Seller, provided that (i) the consumer has previously attempted to resolve the dispute directly with the Seller by means of a written complaint as indicated above, (ii) his request is not unfounded and (iii) the dispute has not already been examined by another mediator or by a court. The Customer has one year from his written complaint to the Seller to submit his request to the mediator.

The Client may send his request by mail to the Mediation and Amicable Settlement Center for Bailiffs (Médicys), at the following address: Médicys – 73 Boulevard de Clichy – 75009 Paris – France or
– by email: contact@medicys.fr. or
– online at the following address: www.medicys.fr.
For any additional information on the mediation procedure, the consumer client can consult the Médicys website (http://www.medicys.fr) or contact Médicys directly by telephone at 01 49 70 15 93.

Any dispute relating to an order or to the application or interpretation of these General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of the Marseille area, regardless of the place of delivery of the products.