These general conditions of sale (CGU) apply to all e-commerce sites operated by Welkit sarl, including, but not limited to, welkit.com, welkit-planet.com, welkit-admin.com, welkit.be, welkit.ch, welkit.de, welkit.it, welkit.es, welkit.nl, welkit.pl, welkit.com, etc.
ARTICLE 1 - PURPOSE
These terms of use are concluded between any internet user browsing or having access to the functionalities of the Site (hereinafter referred to as "Internet User") and Welkit.
The site www.welkit.com (hereinafter referred to as the "Site") is edited and operated by the company Welkit sarl, limited liability company, registered at the RCS of Vannes under the number 950 566 000 and whose head office is located at 2525 Rue de Brocéliande 56380 Guer-Coëtquidan Bellevue FRANCE.
For the purposes of these, the Client is a natural person, of legal age making a purchase on the Site in their capacity as a consumer.
The Products offered on the Site are military and outdoor equipment products.
The use of the Site necessarily implies the acceptance of the CGU by the Internet User without reservation. These CGU are available at any time on the Site and appear at the bottom of the page. The version of the CGU applicable is the one in force on the day of navigation.
ARTICLE 2 - SITE FUNCTIONALITIES AND ROLE OF WELKIT
2.1 SITE FUNCTIONALITIES
From the Site, the Internet User can in particular:
- Discover the articles and services offered by the company Welkit;
- Make purchases according to the terms provided by the General Conditions of Sale of the Site;
- Publish reviews on the articles sold on the Site (after purchases or use of a product or service);
- Publish photos and/or videos related to articles sold on the Site;
- Participate in various games and contests offered by the Site;
- Access and respond to questions and/or answers from other users related to the products and services offered on the Site;
The list of functionalities is provided for information purposes only. The Site reserves the right to add or remove them, temporarily or permanently, without the consent of the Internet User.
2.2 ROLE OF WELKIT
On its e-commerce site, Welkit sells products from its catalog (Welkit brand products and/or third-party brand products). In this case, Welkit is the seller and the direct co-contractor of the Client.
ARTICLE 3 - ACCESS TO THE SITE AND FUNCTIONALITIES
Access to the Site is free for all Internet Users. Thus, any Internet User can freely consult the products listed on the Site.
Some functionalities such as displaying prices, ordering products/services, tracking orders, or depositing reviews require the creation of an account and are reserved for Clients.
3.1 THE WELKIT CLIENT ACCOUNT
Creating the account is free for the Client. The latter undertakes to provide Welkit with accurate and up-to-date data.
The Client can only create one Client account on the Site.
The Client account is personal. Therefore, the Client is responsible for any action carried out from their account.
It is the Client's responsibility to notify Welkit's customer service if they notice a fraudulent use of their account or suspect that their identifiers may have been disclosed. Indeed, Welkit does not have the possibility to verify the identity of the people accessing the Site and the Client's account.
Consequently, Welkit declines any responsibility for fraudulent use of the client account by a third party.
3.2 DELETION OF THE WELKIT CLIENT ACCOUNT
Welkit reserves the right to delete or temporarily block the Client's account, in particular in the event of non-compliance with the stipulations specified above, violation of the "BEHAVIOR ON THE SITE" article, failure to meet the payment obligation for orders, or non-compliance with the return policy.
The Client may request the deletion of their account. To do this, they must contact Welkit's customer service.
The Client acknowledges that in the event of the deletion of their account for any reason, they will no longer have access to all the functionalities of the Site, including the possibility of ordering Products or accessing their purchase history.
ARTICLE 4 - PAYMENT
The payment of orders is made directly via the Site according to the conditions provided by our General Conditions of Sale.
ARTICLE 5 - INTELLECTUAL PROPERTY
5.1 ON THE CONTENTS UPLOADED BY CLIENTS
All Contents (including texts, comments, files, images, photos, videos, works, etc.), possibly subject to property rights, intellectual property, right to the image or other private right remain the property of the User, subject to the limited rights granted by the license defined below to the company Welkit or the application, on a case-by-case basis, of other specific conditions previously accepted for specific services potentially available on Welkit's sites. Users are free to publish or not such Contents on the Site via in particular the "Photo Sharing" service and accept that these Contents become public and freely accessible in particular on the Internet. They acknowledge, undertake, and guarantee to have all the rights and authorizations necessary for such publication on the Site, in particular under the legislation in force and the rights to privacy, property, intellectual property, to the image, contracts or of any other nature. By such publication on the Site, Users are aware of engaging their responsibility as publisher of the Content under the law, and grant on the said Content, for the entire duration of publication, to Welkit, a non-exclusive, free, worldwide license, including the rights of reproduction, representation, uploading, display, performance, transmission, storage, as well as to sublicense, in particular to its subsidiaries, technical partners, and other users of the Site.
Users also authorize their name to be associated with the Content and accept that this association is not always made. By their publication, users authorize that a Content can automatically become accessible on the internet, in particular on other sites and/or blogs and/or web pages of the company Welkit including in particular the social network pages Welkit or users of Welkit sites may share certain Contents. Users can request Welkit to cease their publication.
By posting a review or comment on the product sheets of the Site, the user acknowledges that this review becomes public and grants to Welkit sites and its duly authorized partners the right to use, store, publish, translate, create derivative works, exploit, distribute and display the content, in whole or in part, of the review and/or comment, within the framework of the possible protection under intellectual property rights they could benefit from, and to use the name and/or first name provided with the review or comment for all purposes, including commercial and advertising, on all media, including internet, emailing (paper and/or online), display, signage, advertisements at the point of sale, leaflet, advertisement, magazine, television and radio media and similar supports, worldwide for a duration of 10 years.
5.2 INTELLECTUAL PROPERTY OF WELKIT
The present site is protected under intellectual property, notably copyrights, designs and models, trademarks, domain names, patents, know-how, software or databases. The company Welkit sarl and/or its partners remain the owner(s) of all these contents and associated rights.
On these contents, Welkit sarl grants you a limited, non-exclusive, revocable license without the right to sublicense for simple accesses, navigation, and use related to this site. This license does not grant you any other right, in particular for the commercial exploitation of these contents.
ARTICLE 6 - PERSONAL DATA
Welkit commits to processing data in compliance with applicable laws and regulations, and notably Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms (hereinafter the “Data Processing and Liberties Law”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).
Welkit's privacy policy is available here.
ARTICLE 7 - BEHAVIOR ON THE SITE
When browsing and using the services of the Site, the Internet User is prohibited in particular from:
- Committing any illegal act;
- Extracting or collecting personal data of users of the Site by any means;
- Extracting, recording, or exploiting, for purposes other than the sole display during navigation on the present Site, the contents of third parties subject to intellectual property rights, relating to privacy, personal data, or rights to the image;
- Storing, disseminating, or publishing any illegal, harmful, abusive, racist content, inciting hatred, revisionist, contrary to good morals, infringing on privacy, or infringing on the proprietary rights of third parties, including the right to the image of people and property, intellectual property right, or right to privacy.
- Storing, disseminating, or publishing, any information allowing to reveal, directly or indirectly, their political, philosophical, or religious opinions, union membership, health status, or sexual orientation;
- Posting content on behalf of a third party;
- Usurping the identity of a third party and/or publishing any personal information of a third party;
- Storing, disseminating, or publishing any content that could harm, directly or indirectly, the interests of the company Welkit.
In general, the Internet User undertakes to refrain from any behavior contrary to military ethics or the values and interests of the company Welkit.
ARTICLE 8 - DELETION OF CONTENTS
Welkit may terminate any registration and/or delete any profile and/or any content and/or any information published on the Site and/or prohibit the use and/or access to the Site, upon knowledge of non-compliance by the User with these general conditions of use or for technical reasons. This modification or deletion can be made without prior notice, notification, or warning, at any time and at the full discretion of Welkit.
The User also has the right to delete their Contents deposited on the Site. To do so, they must make a request to withdraw the Content by email to the address contact@welkit.com.
Any well-founded and legitimate request will be processed as soon as possible by Welkit without the latter being able to guarantee immediate deletion of access to the content, the User acknowledges that Welkit cannot be held liable in this respect, in particular due to the processing time of their request, technical constraint, or material impossibility to respond to it, especially in the case where the Content has been taken up by third parties.
ARTICLE 9 - LIABILITY
9.1 OPERATOR LIABILITY
Consultation and use of the Site are under the User's responsibility. The Site may host links to third-party sites. By clicking on these links, the User acknowledges that Welkit cannot guarantee the content of these sites and therefore agrees to access them at their own risk. Consequently, Welkit cannot be held responsible for damages resulting from access to and/or use of the Site and the information it contains.
The User is also informed that Welkit may temporarily interrupt access to the Site for technical reasons, including for maintenance reasons. The User accepts these interruptions and waives any claim in this regard. The use of the Site by the User implies knowledge and acceptance of the characteristics and limitations of the technologies inherent to the Internet, in particular concerning response times to consult or query the server hosting the Site, technical performances, risks of interruption, and more generally, any risk incurred during the transmission of data.
Therefore, Welkit cannot in any case be held responsible, without this list being exhaustive:
- For any information consulted on the Site that would not have been uploaded by Welkit
- For any malfunction of the network preventing the proper functioning of the Site
- For any loss of data
- For the malfunction of any application or software
- For the consequences of any computer virus, bug, anomaly, or failure
- For any damage caused to the User's computer.
9.2 USER LIABILITY
By using the Site, the User agrees to release the responsibility of the company Welkit and to guarantee it from any damage, costs, and fees, direct and indirect, resulting from:
- Any claim by a third party concerning any content posted on their behalf, in particular for violation of rights on the content published by the User on the Site or press offenses related to the elements sent or published on the Site;
- Any activity related to participation on the Site contrary to these general conditions, including for fraudulent purposes;
- The violation of these Terms of Use of the Site.
Welkit wishes to raise awareness among its Users regarding the publication of Contents, such as photo shoots or other photos of Users. Welkit draws the attention of its Users to the necessity of publishing or sharing photographs, images, or videos that are respectful and in line with military ethics and the values of the company Welkit.
ARTICLE 10 - MODIFICATION OF THE CGU
Welkit reserves the right to modify and update the General Conditions of Use without notice. To be informed of these possible modifications, Welkit advises the User to regularly reread the CGU, Legal Notices, GTC, and the privacy policy of the site.
