Terms and conditions
COMPANY IDENTIFICATION
The website awakeconcept.com is published by the company AWAKE CONCEPT Limited Liability Company, with capital of €11,636
Head office is located at 12 rue philippe de girard - 75010 - Paris - France
Registered with the RCS of Paris under the number 84927110100016
Director and Founder: Lilian Thibault
Contact : contact@awakeconcept.com
Hébergeur : Shopify, 151 O'Connor Street Ground Floor Ottawa, Ontario K2P2L8
VAT number: FR63849271101
PREAMBLE
These general conditions of sale apply to all sales made on the website awakeconcept.com
Website awakeconcept.com is a service of the company AWAKE CONCEPT located 12 rue philippe de girard - 75010 - Paris - France
Site internet : awakeconcept.com
email : contact@awakeconcept.com
Website awakeconcept.com sells solar and mechanical watches, watch accessories and other advertising items that may be related to the main activity. The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
ARTICLE 1 - PRINCIPLES
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the awakeconcept.com website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions of sale from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until: 01/01/2025
ARTICLE 2 - CONTENT
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the awakeconcept.com website.
These conditions apply to purchases made on the awakeconcept.com website and delivered worldwide. These purchases concern the following products:
- Watches
- Watch accessories.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the consumer code.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the property
- the price of the good and/or the method of calculating the price
- and, if applicable, all additional costs of transport, delivery or postage and all other possible costs payable
- in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever their price
- information relating to the identity of the seller, to his postal, telephone and electronic contact details, and to his activities, those relating to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and the procedures for implementing guarantees and other contractual conditions.
ARTICLE 4 - THE ORDER
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks. The buyer will be informed of any unavailability of the product or the goods ordered. For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. Please note that AWAKE CONCEPT is not responsible for the payment of duties and taxes upon receipt of a product.
For any question relating to the follow-up of an order, the buyer contact our customer service (via the form at the bottom of the page), on the following days and times: Monday to Friday, from 10 a.m. to 7 p.m.).
ARTICLE 5 - ELECTRONIC SIGNATURE
The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller via our contact form.
ARTICLE 6 - ORDER CONFIRMATION
The seller provides the buyer with a copy of the contract, by e-mail.
ARTICLE 7 - PROOF OF THE TRANSACTION
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
ARTICLE 8 - PRODUCT INFORMATION
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
ARTICLE 9 - PRICE
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are in euros. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
ARTICLE 10 - METHOD OF PAYMENT
This is an order with payment obligation, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's site. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .
Payment of the price is made in full on the day of the order, according to the following methods: Shopify Payment, Stripe or Paypal (if available) and by credit card.
ARTICLE 11 - AVAILABILITY OF PRODUCTS - REIMBURSEMENT - CANCELLATION
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 4 days from the day following that on which the buyer placed his order, according to the following methods: Colissimo or Chronopost (depending on the logistics provider contracted by AWAKE CONCEPT)
For deliveries in the DOM-TOM or another country, the terms of delivery are the same. Deliveries are not possible in Russia and Ukraine.
For products indicated in Pre-order, the delivery time is clearly indicated on the product sheet. This time may fluctuate depending on the volume of pre-orders.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.
ARTICLE 12 - DELIVERY TERMS
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the methods and the deadline specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliverer will leave a delivery notice in the mailbox, which will allow the parcel to be collected from the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by email or simple mail to the seller at the address indicated in the site legal. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).
ARTICLE 13 - DELIVERY ERRORS
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.
The complaint may be made, at the choice of the buyer:
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo (or Chronopost), to the following address: AWAKE CONCEPT , 12 rue philippe de girard - 75010 - Paris - France
Return costs are the responsibility of the seller for all orders whose value exceeds €800.
ARTICLE 14 - PRODUCT WARRANTY
Legal guarantee of conformity and legal guarantee against hidden defects
The AWAKE CONCEPT company guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee. defects of the thing sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the property to act;
- the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code;
- the buyer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods, following the delivery of the goods.
Furthermore, it is recalled that
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.