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TERMS OF SALES

Effective 11/13/21

 

ARTICLE 1 - Scope

These General Conditions of Sale (known as "GTC") apply, without restriction or reservation.  to all sales concluded by the Seller with non-professional buyers ("The  Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the  Seller on the site www.thelinkfwi.com. The Products offered for sale on the site are the  following:

Press articles

Streaming videos

Online Advertising

The main characteristics of the Products and in particular the specifications, illustrations and  indications of dimensions or capacity of the Products, are presented on the site www.thelinkfwi.com  what the customer is required to take note of before ordering.  The choice and purchase of a Product are the sole responsibility of the Customer.  Product offers are valid within the limits of available stocks, as specified during the  placing the order.  These T&Cs are accessible at any time on the website www.thelinkfwi.com and will prevail over any  other document.  The Customer declares to have read these T&Cs and to have accepted them by ticking the  box provided for this purpose before the implementation of the online ordering procedure of the site  www.thelinkfwi.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitute  proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

The Link Fwi, SAS

Share capital of 300 euros

Registered with the Paris RCS, under number 903837607

15, rue des Halles, 75001 Paris

Email: thelinkfwi@gmail.com

Phone: 0782159041

Intra-community VAT number FR53903837607

 

The Products presented on the site www.thelinkfwi.com are offered for sale for the territories

following:

Dom Tom

Europe

Canada  

In the event of an order to a country other than metropolitan France, the Customer is the importer of the  or Products concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes  automatically on the invoice.  Customs duties or other local taxes or import duties or state taxes are likely  to be required. They will be charged to and are the sole responsibility of the Client.

ARTICLE 2 - Price

The Products are supplied at the prices in force appearing on the site www.thelinkfwi.com, when  the registration of the order by the Seller.  Prices are expressed in Euros, excluding and including tax.  The prices take into account any reductions that may be granted by the Seller on the site.  www.thelinkfwi.com.  These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right to  right, outside the period of validity, to modify the prices at any time.  Prices do not include processing, shipping, freight and delivery charges, which are  invoiced in addition, under the conditions indicated on the site and calculated prior to the  placing the order.  The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.  An invoice is established by the Seller and given to the Customer upon delivery of the Products.  orders.  Some orders may be subject to a previously accepted quote. The quotes drawn up by the  Seller are valid for a period of 3 months after their establishment.

ARTICLE 3 – Orders

It is up to the Customer to select the Products he wants on the site www.thelinkfwi.com  order, as follows:

The customer chooses a monthly subscription on thelinkfwi.com site. It will be debited each month at the  date he subscribed. By subscribing, he will access all the content produced by The Link Fwi. To know the  written articles and published videos. He can unsubscribe whenever he wants.  Product offers are valid as long as they are visible on the site, within the limit of stocks.  available.  The sale will only be considered valid after full payment of the price. It belongs to the Customer  verify the accuracy of the order and report any errors immediately.

Any order placed on the site www.thelinkfwi.com constitutes the formation of a contract concluded at  distance between the Customer and the Seller.  The Seller reserves the right to cancel or refuse any order from a Customer with which it  there would be a dispute relating to the payment of a previous order.  The Customer will be able to follow the progress of his order on the site.

Any cancellation of the order by the Customer will only be possible before the delivery of the Products.  (regardless of the provisions relating to the application or not of the legal right of withdrawal).

ARTICLE 3 Bis - Customer space - Account

In order to place an order, the Customer is invited to create an account (personal space).  To do this, he must register by completing the form that will be offered to him when he  order and undertakes to provide sincere and accurate information concerning his marital status and his  contact details, including their email address.  The Customer is responsible for updating the information provided. It is specified to him that he can  change by logging into their account.

To access his personal space and order history, the Customer must identify himself at  using his user name and password which will be communicated to him after his  registration and which are strictly personal. As such, the Customer refrains from any disclosure. In the  otherwise, he will remain solely responsible for the use that will be made of it.

The Customer may also request to unsubscribe by going to the dedicated page on his space.

personal or sending an email to: thelinkfwi@gmail.com. This will be effective within  within reason.

In the event of non-compliance with the general conditions of sale and/or use, the site www.thelinkfwi.com  will be able to suspend or even close a customer's account after formal notice  sent electronically and had no effect.

Any deletion of an account, for whatever reason, results in the pure and simple deletion of  any personal information of the Customer.

Any event due to a case of force majeure resulting in a malfunction of the site  or server and subject to any interruption or modification in the event of maintenance, does not  Seller's responsibility.

The creation of the account entails the acceptance of these general conditions of sale.

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following terms:

payment by credit card and paypal  

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the provider

approved payment service for banking transactions carried out on the site  www.thelinkfwi.com.

Payments made by the Customer will only be considered final after receipt  effective by the Seller of the sums due.  The Seller shall not be required to deliver the Products ordered by the Customer if  the latter does not pay him the full price under the conditions indicated above.

 

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in metropolitan France.

Deliveries are made within _______________ to the address indicated by the Customer when  of his order on the site.  Delivery is constituted by the transfer to the Customer of the physical possession or control of the  Product. Except in special cases or unavailability of one or more Products, the Products ordered  will be delivered at once.  The Seller undertakes to make its best efforts to deliver the products ordered by the Customer  within the time limits specified above.  If the Products ordered have not been delivered within _______________ after the date  indicative of delivery, for any reason other than force majeure or the act of the Customer, the sale may  be resolved at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and  L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the  no later than fourteen days following the date of termination of the contract, to the exclusion of any  compensation or retention.

Deliveries are made by an independent carrier, to the address given by the Customer.  when ordering and which the carrier can easily access.  When the Customer has himself taken charge of using a carrier that he chooses himself, the  delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier  who accepted them without reservations. The Customer therefore acknowledges that it is up to the carrier to  to make the delivery and has no warranty claim against the Seller in the event of a defect  delivery of the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the  products ordered, duly accepted in writing by the Seller, the related costs will be subject to  additional specific invoicing, on estimate previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. It has a delay of #254 Maximum Delay  for... from delivery to make complaints by _______________,  accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing  to have complied with these formalities, the Products will be deemed to be compliant and free from any defect  apparent and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at his expense, the Products delivered  whose lack of conformity or apparent or hidden defects have been duly proven by the  Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and  those provided for in these T&Cs.

The transfer of the risks of loss and deterioration relating thereto will only be carried out when the  Customer will take physical possession of the Products. The Products therefore travel at the risk and  Seller's perils except when the Customer has chosen the carrier himself. As such, the risks  are transferred when the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment  of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 - Right of withdrawal

According to the terms of article L221-18 of the Consumer Code "  For contracts providing for the regular delivery of goods during a defined period, the period runs from  from the receipt of the first good. »  The right of withdrawal can be exercised online, using the attached withdrawal form and  also available on the site or any other statement, unambiguous, expressing the  willingness to withdraw and in particular by post addressed to the Seller at the coordinates  postal or email indicated in ARTICLE 1 of the GCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.)  allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not taken back.

The return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14  days from receipt by the Seller of the Products returned by the Customer within  conditions provided for in this article.

ARTICLE 8 - Seller's liability - Warranties

The Products supplied by the Seller benefit from:

- the legal guarantee of conformity, for defective, spoiled or damaged Products or  not corresponding to the order,

- the legal guarantee against hidden defects resulting from a defect in material or design  or manufacturing affecting the products delivered and rendering them unfit for use,

 

Provisions relating to legal warranties

Article L217-4 of the Consumer Code

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity  existing at the time of delivery. It also responds to defects of conformity resulting from the packaging,  instructions for assembly or installation when this has been charged to it by the contract  or was carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that this one has  presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the declarations  public information made by the seller, by the producer or by his representative, in particular in the  advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to  any special use sought by the buyer, made known to the seller and that the latter has  accepted. »

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed by two years from the issue of the

good. »

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  unsuitable for the use for which it is intended, or which diminish this use so much that the buyer does not  would not have acquired it, or would have given only a lesser price for it, if he had known them. »

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years  from the discovery of the defect. »

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee which has been  granted during the acquisition or repair of movable property, a restoration covered by the  warranty, any period of immobilization of at least seven days is added to the duration of the warranty  which remained to run. This period runs from the request for intervention by the buyer or the  provision for repair of the property in question, if this provision is subsequent to the  request for intervention. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the  non-conformity of the Products or the existence of hidden defects from their discovery.

The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed not  compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be  reimbursed on presentation of receipts.

Refunds, replacements or repairs of Products found to be non-compliant or  defective will be carried out as soon as possible and at the latest within 30 days following the  finding by the Seller of the lack of conformity or the hidden defect. This refund may be  made by bank transfer or cheque.

The responsibility of the Seller cannot be engaged in the following cases:

 non-compliance with the legislation of the country in which the products are delivered, that it belongs to the

Customer to verify,

 in case of misuse, use for professional purposes, negligence or defect  maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or  force majeure.

 The photographs and graphics presented on the site are not contractual and do not  can engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of  Non-conforming products or affected by a defect.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale  of the Products and their delivery / delivery, entrusted to the Seller. These personal data  are collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the site www.thelinkfwi.com are the  following:

Account opening

When creating the Client / user account:

Surnames, first names, postal address, telephone number and e-mail address.

Payment

Within the framework of the payment of the Products offered on the site www.thelinkfwi.com, this one records

financial data relating to the Customer's / user's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors to  performance of the contract and to ensure the efficiency of the sale and delivery of  Products.

The category or categories of co-contractor(s) is (are):

 Payment institution providers

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and  from May 25, 2018 of Regulation 2016/679 on the protection of personal data

staff.

9.4 limitation of processing

Unless the Customer expresses his express agreement, his personal data is not  used for advertising or marketing purposes.

9.5 Duration of data retention

The Seller will keep the data thus collected for a period of 5 years, covering the time of  the prescription of the applicable contractual civil liability.

9.6 Security and privacy

The Seller implements organizational, technical, software and physical measures in  digital security to protect personal data against alterations,  destruction and unauthorized access. However, it should be noted that the Internet is not an environment  completely secure and Seller cannot guarantee the security of transmission or storage  information on the Internet.

9.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and  users of the site www.thelinkfwi.com have the following rights:

 They can update or delete the data concerning them in the manner

next :

By sending an email to thelinkfwi@gmail.com requesting the deletion of data or by  deleting his account.

 They can delete their account by writing to the email address indicated in article 9.3 “  Data controller »

 They can exercise their right of access to know the personal data concerning them  by writing to the address indicated in article 9.3 "Data controller"

 If the personal data held by the Seller is inaccurate, they may  request the update of the information of the information by writing to the address indicated at  Article 9.3 "Data controller"

 They can request the deletion of their personal data, in accordance with  applicable data protection laws by writing to the address given at  Article 9.3 "Data controller"

 They can also request the portability of the data held by the Seller to a

other provider

 Finally, they can object to the processing of their data by the Seller

These rights, provided they do not conflict with the purpose of the processing, may be exercised by  sending a request by post or e-mail to the Data Controller whose  contact details are given above.

The controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer's request, the latter must be motivated.

The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place

de Fontenoy, 75007 PARIS) or seize a judicial authority.

The Customer may be asked to tick a box in respect of which he agrees to receive emails at  informative and advertising nature on the part of the Seller. He will always have the possibility of withdrawing his  agreement at any time by contacting the Seller (contact details above) or by following the link of  unsubscribe.

 

ARTICLE 10 - Intellectual property

The content of the site www.thelinkfwi.com is the property of the Seller and its partners and is  protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to  constitute an offense of counterfeiting.

ARTICLE 11 - Applicable law - Language

These T&Cs and the resulting operations are governed by and subject to French law.  These T&Cs are written in French. In the event that they are translated into a  or several foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the Seller's postal or email address.  indicated in ARTICLE 1 of these GCS.

The Customer is informed that he may in any case resort to conventional mediation, with  existing sectoral mediation bodies or any alternative method of settling disputes  disputes (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

_______________

_______________

_______________

E-mail : _______________.

The Customer is also informed that he can also use the Online Payment platform  Litigation (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded pursuant to these  CGV and which would not have been the subject of an amicable settlement between the seller or by mediation, will be

submitted to the competent courts under the conditions of common law.

Made on https://www.legalplace.fr

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APPENDIX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the

order placed on www.thelinkfwi.com except exclusions or limits to the exercise of the right of

withdrawal according to the applicable General Conditions of Sale.

To the attention of SAS, The Link Fwi

15, rue des Halles, 75001 Paris

I hereby notify the withdrawal of the contract relating to the property below:

- Order of (indicate the date)

- Order number: ............................................ ...............

- Client name : ............................................. ..............................

- Customer's address: ............................................ ..........................

Signature of the Client (only in the event of notification of this form on paper)

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