Terms of sale
WE CURATE
TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS OF SALE
English translation
www.wecurate.fr
1. PURPOSE OF THE AGREEMENT
These General Terms and Conditions of Sale define the respective rights and obligations of WE CURATE and its customers in connection with the Products presented by WE CURATE on its website, www.wecurate.fr (hereinafter the “Website”). They apply exclusively between WE CURATE, SIRET No. 909 346 736 00012 (hereinafter “WE CURATE”), and any natural person acting as a consumer who visits or makes a purchase through the Website (hereinafter the “Customer”).
Through the Website, WE CURATE enables the Customer to order products online (hereinafter the “Product” or “Products”) in accordance with these General Terms and Conditions.
Any order placed through WE CURATE therefore entails the Customer’s full and unconditional acceptance of these General Terms and Conditions. WE CURATE reserves the right to amend these General Terms and Conditions at any time and without prior notice; the applicable terms are those in force on the date on which the Customer places the order.
The General Terms and Conditions of Sale currently in force are permanently available at www.wecurate.fr in a digital format suitable for printing and/or downloading, so that the Customer may reproduce or save them at any time.
2. PRODUCTS AND CONFORMITY
2.1. Products offered for sale are presented on the WE CURATE Website and are accompanied by a description.
2.2. Products offered by WE CURATE comply with the standards applicable in France.
Elements such as images, texts, graphics and all information and characteristics illustrating and/or accompanying the Products are provided for information purposes only and are not contractually binding, which the Customer acknowledges.
Accordingly, WE CURATE shall not be liable for any error or omission affecting such elements, or for any alteration made to them by suppliers and/or publishers.
3. CUSTOMER OBLIGATIONS
3.1. The Customer declares that they are at least 18 years old and have full legal capacity, or hold parental authorisation enabling them to place an order on the Website.
3.2. The Customer undertakes to provide WE CURATE with true, accurate and necessary information for the performance of the service provided under these General Terms and Conditions, as requested online and relevant to their situation, including a valid first name, surname, address, telephone number and email address.
The Customer shall be responsible for all consequences arising from the transmission of false or inaccurate information, where the use or disclosure of such information could be unlawful.
3.3. Once an order has been placed, WE CURATE sends the Customer a confirmation email and subsequently informs the Customer when the Products have been dispatched.
3.4. The Customer may amend their personal information in the “My Account” section.
4. ORDERS
4.1. All orders are confirmed only after payment has been accepted.
4.2. WE CURATE reserves the right to cancel or refuse an order in the event of a dispute with the Customer concerning a previous order.
4.3. WE CURATE may accept orders subject to available stock. The Customer is informed of the availability of Products sold on the Website when the order is confirmed.
If, despite WE CURATE’s vigilance, any Product is unavailable, WE CURATE will inform the Customer by email as soon as reasonably possible. The Customer may then cancel the order and, where applicable, obtain reimbursement of any sums already paid.
Temporary or permanent unavailability shall not give rise to any liability on the part of WE CURATE, nor shall it entitle the Customer to compensation or damages.
5. PRICES
5.1. Prices displayed on the Website are stated in euros, inclusive of French taxes (French VAT and any other applicable taxes), but exclusive of shipping, order-processing and packaging costs.
Shipping, order-processing and packaging costs are added to the Customer’s basket before final confirmation of the order.
Prices may be changed at any time without prior notice, in particular where tax or economic data change. Products are invoiced at the prices in force when the order is recorded.
6. DELIVERY
6.1. WE CURATE delivers its Products in France and throughout the European Union and may, upon request, deliver to other countries worldwide. Products are dispatched with a delivery note to the delivery address provided by the Customer when placing the order. Deliveries cannot be made to hotels or post-office boxes. Delivery times stated on the Website are estimates corresponding to average processing and delivery times. To ensure compliance with these timeframes, the Customer must provide complete and accurate delivery information, including, where applicable, the street number, building, staircase, access codes and intercom names and/or numbers.
If delivery is delayed by more than 30 business days and the Product has not yet been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt and request reimbursement. If the Product was dispatched before WE CURATE received the cancellation request based on a delivery delay exceeding 30 business days, WE CURATE will reimburse the Product and the initial delivery costs after receiving the Product back complete, in its original condition and with all labels intact.
WE CURATE undertakes to keep the Customer informed of the progress of the order.
If a delivery is damaged, already opened, or contains missing Products, the Customer must notify both the carrier and WE CURATE by any appropriate means, subject to all necessary reservations, within three days of receipt of the Product.
WE CURATE shall not be liable for the consequences of any delivery delay that is not attributable to it.
7. PAYMENT
Payment in full must be made when the order is placed. Under no circumstances shall payments be treated as deposits or advance payments. The Customer may pay by credit or debit card (Visa or Eurocard/Mastercard) or by PayPal, in accordance with this Article.
For each transaction, the Customer must provide the card number shown on the front of the card, the card expiry date and the security code shown on the back of the card (the final three digits).
By communicating their bank-card number, the Customer authorises WE CURATE to debit the Customer’s account for the amount of the order.
Cash-on-delivery shipments will not be accepted under any circumstances.
WE CURATE retains title to the Product until the Customer has paid the purchase price in full. Purchases are processed securely. The payment solutions used by WE CURATE are secure. For payments by bank card, including credit card, Visa and e-Carte Bleue, all information provided by Customers to WE CURATE is strictly protected in order to ensure data integrity and security.
8. PRODUCT EXCHANGES AND RETURNS
RIGHT OF WITHDRAWAL
Within fourteen (14) days of receiving the order, the Customer may request the return or exchange of one or more Products.
To do so, the Customer must first request the return or exchange by email at contact@wecurate.fr.
Once the return request has been approved by WE CURATE, the Product must be returned to WE CURATE. The cost of returning the Product or Products shall be borne by the Customer.
Any return or exchange is made at the Customer’s risk. The Product must be returned within one week, in its original packaging and original condition, unused, unworn, unwashed and with the anti-counterfeiting tag attached.
If the Customer does not return the Product within one week after WE CURATE has approved the return procedure, the return shall be deemed cancelled and the Customer must retain the Product.
The returned Product shall be reimbursed within a maximum of fifteen (15) days after receipt by WE CURATE, by crediting the amount due to the Customer’s bank account.
Return shipping costs are borne by the Customer, except where WE CURATE delivered a damaged Product or a Product different from the one ordered.
If the Customer fails to comply with these terms, including the return or exchange conditions, WE CURATE shall not reimburse the Product.
Purchases concluded at the professional seller’s business premises and collected in person are not subject to the statutory 14-day right of withdrawal provided for under Articles L221-18 et seq. of the French Consumer Code, as that right is reserved for distance contracts and off-premises contracts.
9. LIABILITY
At every stage, from access to the Website and the ordering process through to dispatch of the parcel and after-sales services, WE CURATE is subject only to an obligation to use reasonable endeavours. WE CURATE shall not be liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusions, computer viruses, or any event classified as force majeure under applicable law and case law.
10. INTELLECTUAL PROPERTY
The Customer is under no circumstances authorised to download or modify all or any part of the Website or its content, including listed Products, descriptions, images and videos.
Neither the Website nor any part of it may be reproduced, copied, sold or commercially exploited without WE CURATE’s express prior written authorisation.
More generally, all copyrights, trademarks, other distinctive signs and ownership or intellectual-property rights appearing on the Website remain the exclusive property of WE CURATE.
The Customer must therefore respect all intellectual-property rights and may under no circumstances use the trademarks appearing on the Website or on the Products, or file any trademark application that would infringe the owner’s rights, unless otherwise expressly agreed in writing.
The same applies to all other intellectual-property rights.
11. WARRANTIES AND PERSONAL DATA
WE CURATE undertakes to use its Customers’ confidential information solely for the operation of its Website.
For the purpose of processing an order, the personal data collected will be processed electronically, which the Customer acknowledges. Such data may be shared with WE CURATE’s technical service providers.
WE CURATE may also use technical tools to obtain non-personal information about users in order to improve the functionality of the Website, for example by tracking the number of visitors to particular pages.
In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004, the Customer has a right of access to and rectification of personal data held in WE CURATE’s files.
Any request must be sent by email to contact@wecurate.fr.
12. FORCE MAJEURE
If an event of force majeure occurs, the affected party must notify the other party within fifteen (15) days of the event by registered letter with acknowledgement of receipt.
In addition to events commonly recognised as force majeure by French courts and case law, the following are expressly deemed to constitute force majeure or unforeseen events: total or partial strikes, lockouts, riots, boycotts or other industrial action or commercial disputes, civil unrest, insurrection, war, severe weather, epidemics, blockage of means of transport or supply for any reason, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, changes in laws or regulations governing forms of marketing, IT failures, telecommunications blockages, including wired and wireless telecommunications networks, and any other event beyond the parties’ control that prevents the normal performance of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force-majeure event, without compensation.
If the force-majeure event continues for more than three (3) months, the relevant agreement shall automatically terminate without compensation to either party.
13. GENERAL PROVISIONS
13.1. SEVERABILITY
If any provision of these General Terms and Conditions is declared invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed unwritten and shall not affect the validity of the remaining provisions.
13.2. UPDATES
These General Terms and Conditions may be amended at any time and without prior notice by WE CURATE. The applicable terms are those in force on the date on which the Customer places the order.
These General Terms and Conditions of Sale are permanently available at www.wecurate.fr in a digital format suitable for printing and/or downloading, so that the Customer may reproduce or save them at any time.
13.3. GOVERNING LAW - JURISDICTION
These General Terms and Conditions are governed by French law as regards both substantive and procedural rules. Any dispute shall first be subject to an attempt at amicable settlement.
If no amicable settlement is reached, jurisdiction shall lie with the competent French courts, including where there are multiple defendants or third-party proceedings.
13.3. APPLICABLE LAW - JURISDICTION
These General Terms and Conditions are governed by French law as regards both substantive and procedural rules. Any dispute shall first be subject to an attempt at amicable settlement.
If no amicable settlement is reached, jurisdiction shall lie with the competent French courts, including where there are multiple defendants or third-party proceedings.
13.4. REPRODUCTION OF APPLICABLE STATUTORY PROVISIONS (ORDINANCE NO. 2005-136 OF 17 FEBRUARY 2005, FRENCH CONSUMER CODE AND FRENCH CIVIL CODE)
Article L. 211-4 of the French Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.
Article L. 211-5 of the French Consumer Code
To conform to the contract, the goods must:
1. Be fit for the purpose ordinarily expected of similar goods and, where applicable:
correspond to the description given by the seller and possess the qualities presented to the Customer in the form of a sample or model;
possess the characteristics that a Customer may reasonably expect having regard to public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2. Or possess the characteristics defined by mutual agreement between the parties, or be fit for any particular purpose sought by the Customer, made known to the seller and accepted by the seller.
Article L. 211-12 of the French Consumer Code
Any action arising from a lack of conformity is time-barred two years after delivery of the goods.
Article 1641 of the French Civil Code
The seller is liable under the warranty against hidden defects in the goods sold where such defects render the goods unfit for their intended use, or diminish that use to such an extent that the buyer would not have purchased the goods, or would have paid a lower price, had the buyer been aware of them.
Article 1648, paragraph 1, of the French Civil Code
Any action arising from hidden defects must be brought by the buyer within two years of discovering the defect.
You may contact WE CURATE by telephone on (+33) 6 28 64 69 77.