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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