Terms of service

Here is the translation of the "CONDITIONS GÉNÉRALES DE VENTE EN LIGNE WAÏLOA":

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**GENERAL TERMS AND CONDITIONS OF SALE ONLINE WAÏLOA**

**INTRODUCTION**

The sole proprietorship Waïloa located in the southwest of France can be contacted at the following email address: hello@wailoa.fr. Registered at the RCS/CMA of Tarbes under number 879 706 935 00035.

VAT number: FR10879706935

Registered office: 4 rue du comte de Puysegur 65200 Bagnères-de-Bigorre.

Telephone number: 06.69.44.32.76

Email address: hello@wailoa.fr

These general terms and conditions of sale apply to the online website and products sold by wailoa.fr.

Date of last update: July 20, 2023.

**ARTICLE 1 – OBJECT**

These conditions govern sales by the company Waïloa of ready-to-wear fashion, accessories, and decoration.

**ARTICLE 2 – PRICES**

The prices of our products are indicated in euros, inclusive of all taxes (VAT and any other applicable taxes on the day of the order), unless otherwise stated, and excluding processing and shipping costs.

For orders to countries other than Metropolitan France, you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Waïloa. They will be your responsibility and are your full responsibility in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to check with your local authorities on these matters.

All orders, regardless of their origin, are payable in euros. Waïloa reserves the right to change its prices at any time, but the products will be invoiced based on the rates in effect at the time of order validation and subject to availability.

Products remain the property of Waïloa until full payment of the price.

Please note: once you physically take possession of the ordered products, the risk of loss or damage to the products passes to you.

**ARTICLE 3 – ORDERS**

You can place an order online at: www.wailoa.fr.

Contractual information is presented in French and will be confirmed at the latest when your order is validated.

Waïloa reserves the right not to record a payment and not to confirm an order for any reason, especially in case of supply problems or difficulties concerning the order received.

**ARTICLE 4 – VALIDATION OF YOUR ORDER**

Any order placed on the website www.wailoa.fr implies full acceptance of these General Terms and Conditions of Sale online. Confirmation of the order implies your full acceptance of these general terms and conditions of sale, without exception or reservation.

All the data provided and the recorded confirmation will constitute proof of the transaction.

You declare that you have perfect knowledge of it.

Confirmation of your order will be deemed to be your signature and acceptance of the operations carried out.

A summary of the information of your order will be communicated to you via the email address confirming your order.

**ARTICLE 5 – PAYMENT**

Validating your order implies for you the obligation to pay the indicated price.

Payment for your purchases is made by credit card, Paypal, or other means of payment offered by our website.

The debit is only made at the time of shipment of the order. In the case of partial deliveries, only the products shipped are debited.

**ARTICLE 6 – RIGHT OF WITHDRAWAL**

In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to give reasons or pay penalties.

Returns must be made in their original condition and complete (labels, packaging, accessories, products, instructions). In this context, your responsibility is engaged. Any damage to the product on this occasion may be such as to defeat the right of withdrawal.

Return costs are at your expense.

In case of exercise of the right of withdrawal, Waïloa will refund the sums paid, within 14 days following the notification of your request and via the same means of payment as that used during the order.

It is agreed that personalized products are not subject to the right of withdrawal. This is explicitly stated in Article L.121-21-8 of the Consumer Code, which stipulates that the right of withdrawal does not apply to contracts for the supply of goods made to the consumer's specifications or clearly personalized.

**EXCEPTIONS TO THE RIGHT OF WITHDRAWAL**

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:

- The supply of services fully performed before the end of the withdrawal period and whose execution has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period.
- The supply of goods made to the consumer's specifications or clearly personalized.
- The supply of goods liable to deteriorate or expire rapidly.
- The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.
- The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items.

**ARTICLE 7 – AVAILABILITY**

Our products are offered as long as they are visible on the wailoa.fr website and within the limits of available stocks. For products not stocked, our offers are valid subject to availability from our suppliers.

In case of unavailability of a product after placing your order, we will inform you by email. Your order will be automatically canceled and no charge will be made or a refund will be issued.

Furthermore, the wailoa.fr website is not intended to sell its products in large quantities. Therefore, Waïloa reserves the right to refuse orders with a too high number of identical items.

**ARTICLE 8 – DELIVERY**

Products are delivered to the delivery address indicated during the order process, within the time indicated on the order validation page.

In case of delay in shipment, an email will be sent to inform you of any impact on the delivery time that has been indicated to you.

In accordance with legal provisions, in case of late delivery, you have the possibility to cancel the order under the conditions and modalities defined in Article L 138-2 of the Consumer Code. If, in the meantime, you receive the product, we will proceed to refund it and the shipping costs under the conditions of Article L 138-3 of the Consumer Code.

In case of delivery by a carrier, Waïloa cannot be held responsible for delays in delivery due exclusively to the unavailability of the customer after several appointment proposals.

Products made to order may take longer to be sent and delivered due to their production upon receipt of the order. Please allow an average of 15 days.

**ARTICLE 9 – WARRANTY**

All our products benefit from the legal conformity guarantee and the guarantee against hidden defects, as provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it can be returned, exchanged, or refunded.

All claims, requests for exchange or refund must be made by email to hello@wailoa.fr within 30 days from the date of delivery.

Products must be returned to us in the condition in which you received them with all elements (accessories, packaging, instructions, etc.). Shipping costs will be refunded upon presentation of receipts.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

**ARTICLE 10 – LIABILITY**

The products offered comply with current French legislation. Waïloa shall not be liable for failure to comply with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities regarding the possibilities of importing or using the products or services you intend to order.

Furthermore, Waïloa shall not be liable for damages resulting from misuse of the purchased product.

Finally, Waïloa's liability shall not be engaged for any inconvenience or damage inherent in the use of the Internet network, including service interruption, external intrusion, or the presence of computer viruses.

**ARTICLE 11 – APPLICABLE LAW IN CASE OF DISPUTE**

The language of this contract is French. These terms of sale are subject to French law. In case of dispute, French courts will have sole jurisdiction.

**ARTICLE 12 – INTELLECTUAL PROPERTY**

All elements of the website www.wailoa.fr are and remain the intellectual property and exclusive property of Waïloa. No one is authorized to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, elements of the site whether they are software, visual, creations, or sound. Any simple or hypertext link is strictly prohibited without express written consent from Waïloa.

**ARTICLE 13 – PERSONAL DATA**

Waïloa reserves the right to collect personal information and data about you. They are necessary for the management of your order, as well as for improving the services and information we address to you.

They may also be transmitted to companies contributing to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing, and payment.

This information and data are also kept for security purposes, to meet legal and regulatory obligations. We collect data such as: Title, Last Name, First Name, Email, Telephone, Postal Address, Delivery Address or even date of birth. The customer or prospect can request the deletion of this information at any time via our contact form.

In accordance with the law of January 6, 1978 and European