General terms and conditions of sale
1 – OBJECTIVES AND FIELD OF APPLICATION
The present document entitled Terms and Conditions of sale of DALVIN a SAS (a simplified joint stock company) with a share capital of €2000, registered with the RCS Lyon (Trade and Companies Register in Lyon) under number 798 162 848, which has its registered office at 82 Rue du Château Gaillard 69100 Villeurbanne France (DALVIN/WOBZ). The general terms and conditions are applicable on the sale of products (cups, customisable cups, sports bottle and glasses) manufactured by DALVIN (the products) as well as to the services (the services) provided to professional and private customers (the customer) via the website www.wobz.com (the website).
All placing of an order implies the customer ́s full and unreserved acceptance of the Terms and Conditions, which take precedence over any contrary stipulations that may appear on the customer's order forms and/or any general terms and conditions of purchase, unless other conditions have been accepted by both parties.
The contract is offered in English and consist of the General Terms and Conditions, the specific conditions (order form), and the acknowledgement of receipt of the order specifying the descriptions and quantity of the products and/or the services, their prices and the terms of delivery and/or the packaging (the contract).
2 – DESCRIPTION OF THE PRODUCTS AND/OR THE SERVICES
The products and services are presented on the website with a product description allowing the customer to be informed of the main specifications, the selling price and any restrictions on sale (minimum or maximum quantity, for example). The descriptions of the products and services are given for information purpose only, WOBZ reserves the right to modify its catalogue at any time, subject to the current contracts.
Concerning the personalised products, the visual processing (the presentation/simulation of the RFP) of the positioning of the visual created by WOBZ, with the content provided by the customer is only indicative and may not be identical to the final product. Thus, in particular regarding the colour reproduction, as a result of the material of the chosen product, the quality of the content provided by the customer, and the screen resolution of the customer used for the visualisation. It is specified that no visual processing is carried out by WOBZ without an order.
3 – ORDER PROCESS
For any order above a certain quantity the order cannot be made online, but only on quotation and by exchange of emails. The quotations made by WOBZ are valid for a period of THIRTY (30) days. Signed quotations sent by the customer by email, are acknowledged by WOBZ as a confirmation of the order. In other cases, a minimum order quantity may apply to certain products.
3.1 - Ordering products and/or services
WOBZ confirms the reception of the order by sending a confirmation of reception which summarises the order by specifying the main specifications of the product and/or the service ordered, the price including VAT, the delivery date and contains a link to the Terms and Conditions which is downloadable and printable for the customer.
For customised products, the order is placed under the validation of the RFP (see article 3.2 below). In case of an order for services, if the customer wishes the execution of the services to begin before the expiry of the FOURTEEN (14) days of withdrawal period, he expressly expresses this request be ticking of the box provided for this purpose (for the effects of this request concerning the right of withdrawal, see below). In addition, the customer is reminded that, in accordance with the terms of Article L.221-28 5° of the French consumer codes, he has no right of withdraw if the products have been unsealed after the delivery, these products cannot be returned for reasons of hygiene and health protection.
3.2 – Validation of the RFP for orders of customised products
For customised products, the customer sends WOBZ the wished content of the customisation. WOBZ reserves the rights to refuse any order of customised products (i) that does not meet the minimum quality standards for manufacturing and/or printing and/or (ii) that is contrary to the laws and regulations. Regarding the content of the customisation, WOBZ can: (i) validate it, (ii) refuse it or (iii) provide a graphic service by applying additional fees. A link to a digital Ready For Print (RFP) is sent to the customer by email within FORTY-EIGHT 48 hours of the transmission of the content, making it possible for the customer to validate the positioning of the customised content on the personalised product, it is specified that the RFP cannot be reproduced identically particularly regarding the colour reproduction.
The customer may request minor modification on the RFP (spelling mistakes, colour changes...), it being specified that more than ONE (1) change will require an additional fee (more information on our FAQ. Any request to modify the RFP results in a postponement of the delivery date. The customer validates the RFP (final RFP) or cancels his order under the conditions below.
The final RFP allows the customer to check the requested content of the customisation as well as the visual appearance (the final product may vary). Consequently, after the validation of the final RFP, WOBZ cannot be held responsible in any way, for any errors made by the customer on the personalised product. The order will only be executed and the delivery date confirmed once the final RFP has been validated. A confirmation of reception of the validation of the final RFP is sent to the customer. The customer is reminded that, in accordance to the terms of Article L. 221-28 3° of the French Consumer Code, he has no right to withdraw from the contract in the case of an order of personalised products.
3.3 - Withdrawal period - Cancellation of order
Apart from the personalised products, the customer benefits from a withdrawal period (the terms of exercise and effects of which are specified below) of FOURTEEN (14) days after the day (i) of conclusion of the contract for services and (ii) where the customer or a third party other than the carrier indicated by him, physically takes possession of the goods or the last goods in the case of separate delivery of a single order.
For personalised products, the customer can cancel his order free of charge, as long as his order is not being handled, this status is notified to the customer by email and is available on the website. Except in cases of force majeure, any cancelling of an order in process, TWELVE (12) euros of cancellation fees will be charged the customer by WOBZ. In case of cancellation of an order by WOBZ, the customer will be reimbursed for the amount paid and WOBZ will be obliged a cancellation fee of TWELVE (12) euros in case of an order for customised products, after the confirmation of the final RFP by the customer.
4 - DELIVERY - TRANSPORT - DOMICILIATION - INSURANCE
The delivery time is given at the time of placing the order, the delivery date is being conformed at the time of the validations of the final RFP. Delivery dates may be modified in case of changes in the RFP and/or the order by the customer, accepted by WOBZ and subject to a confirmation of the receipt of the order. The delivery of the goods is made by a carrier chosen by WOBZ and is being delivered to the address indicated by the customer during the order process. As from the delivery, the customer has a period of FORTY-EIGHT (48) hours to notify the carrier of apparent defects or non-compliance of the product by issuing precise reservations on the delivery note, confirmed by post with confirmation of reception sent to the carrier (with a copy sent by email to WOBZ). After this period, the products are considered as conforming to the order and are neither being taken back nor modified. It is specified that the absence of reservations made in the above-mentioned forms and within the above deadlines does not prevent the exercise of the right of withdrawal or the rights under legal guarantees (see in the box below).
The customer is reimbursed for delivery costs in case of a delay in delivery of more than FORTY-EIGHT (48) hours. In addition, after a prior formal notice of SEVEN (7) days the customer may either terminate the contract and be reimbursed or request the application of late delay penalties.
5 - PRICE
Prices are in euros and are those in force on the day of the order or quotation, WOBZ reserves the right to modify its prices at any time. The prices indicated includes the costs of processing the order, transport and delivery, unless otherwise stated. The prices in the catalogue are indicated excluding VAT and do not take into account the VAT applicable on the day of the order. Quotations are free of charge and are made on the base of the amount excluding VAT/piece of the product list.
6 - TERMS OF PAYMENT
Unless otherwise specified, payment is due when ordering products and/or services. It is specified that WOBZ does not grant a discount, and that at no time may the sums paid be considered as a deposit or advance payment. Payment by direct debit card (with immediate debit) or SEPA.
Any delay in payment automatically results, and without prior formal notice, the application of late payment penalties, at a rate equal to three time the legal interest rate, as well as an invoice of a flat-rate penalty of FORTY (40) euros recovery costs. In addition, in case of a payment incident, WOBZ reserves its right to make any new order dependent on the provision of a warranty of the payment, in favour of WOBZ.
7 - PRODUCT CONFORMITY - WARRANTY
WOBZ is committed to manufacture the products and provide the services in accordance with the rules of the art. However, the customer acknowledges the variable nature of the appearance of the products due to the material used, in particular when they are personalised, as well as the need to inform and cooperate with the customer in the provision of the services. Consequently, WOBZ cannot be held responsible for variations in the colour and/or appearance of the products related to the appearance of customised elements according to the materials of the products, nor for any non-conformity and/or delay caused by delays and/or lack of information and/or cooperation of the customer. It is also reminded (i) that the customer is and remains solely responsible for the personalised content provided, in particular with regard to its legality and respect for the property rights of third parties, (ii) That the presentation/simulation (in particular the RFP) of the positioning of the visual created by WOBZ with the content provided by the customer is only indicative, and is likely not to be identical to the final personalised product in particular regarding to the reproduction of colours, this because of the material used in the chosen product, the quality of the content provided by the customer and the resolution of the screen used by the customer, and (iii) that the customers validation of the final RFP allows him to verify the content of the customisation. WOBZ cannot be held responsible in any way for the choice made by the customer or in case of error on the latter.
For the services, WOBZ ́s responsibility is in all cases limited to the amount excluding VAT of the contract. For the products, the customer benefits from the commercial guarantee and the legal guarantees (reproduced below: guarantee against hidden defects; legal guarantee of conformity).
8 - INTELLECTUAL PROPERTY
WOBZ is, and remains the owner of all its intellectual property rights, in particular those relating to the brand Wobz, associated to the domain name of the website www.wobz.com as well as to the products. The contract does not grant any right of ownership, use or reproduction of any of these elements, unless authorized in advance by WOBZ. As part of an order for personalised products WOBZ is the owner of the intellectual property rights of the visuals it creates from the content transmitted, and may therefor exploit and/or reuse them which the customer explicitly acknowledge and accepts. Regarding the customised content transmitted. the customer declares and guarantees that he has the rights to use all elements transmitted to WOBZ, and that it does not violates the intellectual rights of a third party. The customer is and remains responsible for the content transmitted, WOBZ assumes no responsibility in this matter, in particular in the case of violation. As a consequence, the customer shall compensate WOBZ for all the direct and/or indirect consequences they may suffer as a result of the violation of third parties ́ intellectual property rights through the transmitted content.
9 - CONFIDENTIALITY - PROTECTION OF PERSONAL DATA
9.1 - Confidentiality
Each party commits itself throughout the duration of the contract for two (2) years from its termination for any reason whatsoever to keep all documents and information about the other party strictly confidential, regardless of their nature and their medium or method of transmission known to them and in particular about the products (the confidential information). Each party commits itself (i) not to disclose these information to third parties, without the prior written consent of the other party, (ii) not to use them for reasons other than the proper execution of the contract, (iii) to disclose these only to employees and/or external service providers who need them, and are under an obligation of confidentiality and non-disclosure, (iv) to return to the party concerned, upon request and in any case upon termination of the contract, all its confidential Information (including copies) (v) to take all necessary precautions to ensure the confidentiality, integrity and security of the confidential information, (vi) to immediately inform the other party in case of observation or presumption of disclosure of the confidential information to unauthorized persons and/or breach of their integrity or security.
9.2 - Protection of personal data
Each party commits itself to respect the laws and regulations concerning the protection of personal data of the other party (including the physical persons concerned of the other party). In this regard, each of the parties specifies the purpose of the processing is the execution of the contract, for its duration as well as of the guarantee and limitation periods, and, if necessary, the provision of information on the products and services offered by WOBZ. Each party commits itself to take measures to ensure the confidentiality, integrity and security of the data thus collected, which shall under no circumstances be transferred to any third party whatsoever who does not provide the same guarantees. Each party recalls that the other party (including the persons concerned of the other party) has a right of access, corrections, portability, deleting and removing personal data and minimization and treatment of opposition for legitimate reasons, the treatment and the right to define post-mortem instructions, exercisable at the following address: email@example.com as well as the right to file a claim for the personal data protection (National Commission on Informatics and Liberty - the CNIL).
10 - COMMERCIAL REFERENCE
The customer authorizes WOBZ to use the customer ́s trademark, trade name or brand as a reference on any paper or digital commercial document, including on the website and its other websites.
11 – PROBATIVE EVIDENCE OF ELECTRONIC EXCHANGES
Electronic writings between the parties are probative evidence regarding to the contract and in particular with the validation of the final RFP by the customer. Consequently, it is explicitly agreed that unless there is an obvious error, the data stored by WOBZ have evidential validity between the parties in case of a dispute.
12 - MEDIATION
When he is a consumer in accordance to the consumer code, the customer has the right to use a mediation service free of charge. The online dispute resolution platform is available at this address: https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest
The mediator on whom WOBZ depends, is Fevad and can be reached:
- By email: firstname.lastname@example.org
- By post: FEVAD, 60 rue la Boétie - 75008 PARIS
The dispute can only be examined by the consumer mediator when: (i) the customer proves that he has attempted to resolve his dispute directly with WOBZ by submitting a written complaint to the following address email@example.com and (ii) the customer has submitted his request to the mediator within a period of less than one (1) year from the date of his written complaint to WOBZ.
13 – TERMINATION - SETTLEMENT OF DISPUTES
The contract ends automatically by the realisation of the sale and/or the service(s) or in the event of non-performance of an obligation referred to in articles 3,4,6,7,8 and/or 9 of the contract, and by formal notice sent by the creditor of the obligation by registered letter with acknowledgment of receipt to the other party, remained unsuccessful at the end of a THIRTY (30) day period followed by the reception of the formal notice.
The Terms and Conditions are governed by French law with the exception of any conflict that would imply the application of another law and the Vienna convention on the international sales of goods.
WITHOUT PREJUDICE TO THE CONSUMER MEDIATION PROCEDURE, AND FOR THE PROFESSIONAL CUSTOMER WHO FAIL THE SETTLE THEIR DISPUTES WITHIN THIRTY (30) DAYS OF THEIR OCCURRENCE, ANY DISPUTE OF THE CONTRACT SHALL BE SUBMITTED TO THE RELEVANT COURTS IN ACCORDANCE WITH THE CODE OF CIVIL PROCEDURE AND, WHERE APPLICABLE ARTICLE R. 631-3 OF THE CONSUMER CODE.
Annex: Form for using the right of withdrawal
Signature precede by the words; “read and approved”
Template for a withdrawal or cancellation form
Please complete and return this form if you wish to withdraw from the contract or cancel your order
To the attention of: DALVIN (Wobz) SAS, 82 rue Château Gaillard - 69100 Villeurbanne - France- Email to:firstname.lastname@example.org
I/we hereby notify you of my/our withdrawal/cancellation for the sale of the goods/for the following service as mentioned below.
Name of the customer(s)
Address of the customer(s)
(Only if this form is notified on paper)