These general terms and conditions of sale (GTC) apply to all e-commerce sites operated by Welkit SARL, including, but not limited to, welkit.com, welkit-planet.com, admin.welkit.com, armurerie.welkit.com, etc.
ARTICLE 1 - PURPOSE
These General Terms and Conditions of Sale aim, on the one hand, to inform any potential buyer about the conditions and modalities under which the seller (hereinafter referred to as "Welkit" or the "seller") proceeds with the sale and delivery of products ordered on one of the Welkit sites (hereinafter and before the "site") and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by Welkit to the consumer (hereinafter and hereafter the "buyer"). They apply, without restriction or reservation, to all sales of products offered by Welkit on its e-commerce sites.
Consequently, the fact that the buyer orders a product offered for sale on one of the Welkit sites implies full and complete acceptance of these General Terms and Conditions of Sale, which the buyer acknowledges having read beforehand and declares to be of legal age and to have the legal capacity to contract, thereby allowing him to place an order on the Welkit site.
Welkit reserves the right to modify these GTC at any time. However, the General Terms and Conditions of Sale applicable to the order are those accepted by the buyer at the time of placing the order. The effective date of the GTC is the date of their publication.
ARTICLE 2 - COMPANY IDENTITY
Name: WELKIT
Address: 2525 Rue de Brocéliande 56380 Guer-Coëtquidan Bellevue FRANCE
Legal form: SARL, limited liability company
VAT number: FR56950566000
Registration number: 950 566 000 R.C.S. Vannes
Share capital: €459,300.92
Email: contact@welkit.com
ARTICLE 3 - ORDERS
3.1 PRICES
The selling prices of products sold online on the Welkit site are those in effect at the time of the order by the buyer. These prices may be changed by Welkit at any time. This modification will be indicated to the buyer before any order on the product sheet and in the buyer's shopping cart.
VAT is applied at the rate in effect at the time of ordering. The prices of products displayed on the Welkit site are excluding shipping costs. These will be communicated to the internet user on the summary screen when validating the order. The various shipping methods are provided for in the GTC below and are recalled on each site; they may be modified at any time by Welkit.
3.2 PRODUCT CHARACTERISTICS
The buyer can select one or more products from the various categories offered on the Welkit site.
Welkit may modify the range of products offered for sale on its sites at any time, particularly depending on constraints related to its suppliers, without prejudice to orders placed by the buyer. In accordance with Article L. 111-1 of the Consumer Code, the buyer may, prior to placing an order, become acquainted with the essential characteristics of the product(s) he wishes to order on the Welkit site.
The products comply with current French legislation. Welkit shall not be liable in the event of non-compliance with the legislation of the country in which the product will be delivered (e.g., in the event of prohibition of a product...). It is the buyer's responsibility to check with the local authorities in the country of delivery of the products the possibilities of importing or using the products and services he intends to order.
3.3 AVAILABILITY
The offers presented by Welkit are valid as long as they are announced on its sites and within the limits of available stocks.
In any event, and in the event of total or partial unavailability of products after placing the order, the buyer will be informed by email of the unavailability of the product and the total or partial cancellation of his order. The buyer may also, if applicable, choose one or more replacement items subject to stock availability.
3.4 ORDER
Any order implies acceptance of these General Terms and Conditions of Sale, the General Terms and Conditions of Use and the Privacy Policy, without prejudice to any specific contractual conditions concluded between the parties.
Before validating his order, the buyer has the possibility to check the details of his order project and to correct any errors.
The distance selling contract is concluded from the moment the buyer confirms his order by clicking on the "pay" button (hereinafter and above "the order"). It is considered as having knowingly accepted the content and conditions of the order in question, and in particular these General Terms and Conditions of Sale, the fact that his order implies an obligation of payment on his part, the prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the buyer. When the order is placed, the internet user receives a confirmation email; this confirmation email constitutes the sales contract between the parties. At this point, the payment has been authorized by the internet user and debited from his bank account.
Once this step is validated, the buyer cannot cancel his order. The sale will be final (subject to the exercise by the buyer of his right of withdrawal under the conditions provided for in these GTC). The change in the status of the order will be confirmed to the buyer by email.
Welkit recommends that the buyer keep these emails on paper or electronic media. The buyer is informed that the emails are sent to the email address provided by the buyer when creating his account. Also, in case of typing error in the email address concerned, or non-receipt of the order confirmation message, Welkit cannot be held responsible. In this case, the sale will be considered final, except in cases of order cancellation by Welkit, notably for product unavailability. The buyer may nevertheless exercise his right of withdrawal under the conditions provided for in these GTC.
Welkit reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the buyer, in the event of payment incident, or in the event of fraud or attempted fraud relating to the use of any of the Welkit sites, including on previous orders.
ARTICLE 4 - PAYMENT
The buyer guarantees to Welkit that he has the necessary authorizations to use the payment method he has chosen for his order when registering the order. Furthermore, the buyer declares to be of legal age and to have the legal capacity to contract, thereby allowing him to place an order on the Welkit site.
4.1 MEANS OF PAYMENT ON THE SITE
4.1.1 Credit card
The credit cards accepted on the Welkit site are as follows: Carte Bleue, Visa, American Express, and Mastercard.
4.1.2 Welkit gift card
The Welkit gift card is dematerialized and sent by email; it can only be used on the site on which it was generated, once or several times, up to its credit amount at the time of an order.
A gift card cannot be used to purchase other gift cards.
4.1.3 PayPal
The buyer can use his PayPal account to pay for his orders on the Site.
4.1.4 Online credit
Online credits are credits issued exclusively by Welkit and usable by their beneficiary only on the Welkit site on which they were generated. They are issued in the form of a virtual gift card and have a validity period of one year from their date of issue; they are not exchangeable for cash or any other means of payment.
4.1.5 Payment in installments or deferred payment with Alma
Payment in installments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its providers. All payments are protected by 3D Secure.
Amount of purchases
- Deferred payment D+30: Only purchases between €50 and €2,000 are eligible for payment with Alma.
- Deferred payment D+15: Only purchases between €50 and €2,000 are eligible for payment with Alma.
- 3X payment: Only purchases between €50 and €2,000 are eligible for payment with Alma.
- 4X payment: Only purchases between €100 and €2,000 are eligible for payment with Alma.
- 10X payment: Only purchases between €500 and €2,000 are eligible for payment with Alma.
Fees
By paying in installments with Alma, the buyer does not pay any fees. Except for the following cases:
- Deferred payment D+15: 1.35% per transaction
- Deferred payment D+30: 0.80% per transaction
- 4X payment: 2.35% per transaction
- 10X payment: 6.2% per transaction
Alma is a telepayment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 and following of the Civil Code.
Any termination of the GTC binding the seller and the buyer results in the termination of the TCU between Alma and the buyer.
4.1.6 Credit payment with Alma
Credit payment is available for the settlement of their purchases via our partner Alma; the execution of the payment is subject to the signing of the credit agreement proposed by Alma. The Seller accepts in advance the granting of credit concluded between Alma and the buyer in accordance with Article L312-46 of the Consumer Code. If Alma agrees to grant credit to the buyer, the amount will be paid by credit in accordance with Article L312-45 of the Consumer Code. Any refusal by Alma to grant credit for an order may result in its cancellation unless the buyer agrees to pay cash. Any termination of the GTC binding the seller and the buyer results in the termination of the credit agreement between Alma and the buyer. In the event of withdrawal, the buyer's fees and interest will be refunded in accordance with the regulations.
Payment security is ensured by Alma and its providers. All payments are protected by 3D Secure. Alma is a telepayment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 and following of the Civil Code.
In the event of a contract for the sale or provision of services with successive performance or delivered within sufficiently long periods, the Seller must specify in its GTC the start date of delivery or provision, for more details you can contact the Alma teams at support@getalma.eu.
4.1.7 Bitcoin and other cryptocurrencies
Welkit offers you the possibility to pay with Bitcoin and other cryptocurrencies via the secure application Coinbase Commerce.
4.2 MEANS OF PAYMENT & RESTRICTIONS
4.2.1 Checks and cash
No payment by check or cash will be allowed on the Welkit site. No order will be taken into account and will therefore be canceled on the spot.
4.2.2 PayPal and Alma
PayPal and Alma do not authorize the use of their payment service for the purchase of knives, weapon accessories, or self-defense accessories and similar items. Payment by credit card remains available for such purchases.
4.2.3 Country Restrictions
Certain payment methods may not be available depending on the destination country, so Alma will only be available for purchases to France and Belgium.
4.3 ADMINISTRATIVE SALES & B2B
Any administrative order (hereinafter referred to as "Admin sales") or destined for a professional (hereinafter referred to as "B2B") must be paid before shipment. Welkit reserves the right to request full payment of the order upon validation thereof, for any order of items not listed on the Welkit website.
Authorized payments for Admin sales and B2B are payments by credit card, bank transfer, or administrative order.
Welkit may grant the buyer, based on their needs and history, a line of credit. Any late payment and/or exceeding of the credit line without prior agreement from Welkit will result in the closure of the credit line, in addition to the contractual provisions in case of late payment as defined below.
4.3.1 Discount
No discount will be granted for early payment.
4.4 PAYMENT TERMS
Every order implies payment. Orders are payable in the currency indicated on the website, including all mandatory taxes and contributions. Any bank charges remain the responsibility of the buyer (including in the case of a refund).
4.4.1 Late Payment
In case of total or partial default of payment for the goods delivered on the day of receipt, the buyer must pay Welkit a late penalty equal to three times the legal interest rate. The legal interest rate used is that in effect on the day of delivery of the goods. From January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014). This penalty is calculated on the total amount including tax of the amount still due, and runs from the due date of the price without any prior notice being required.
In addition to the late penalties, any amount, including the deposit, not paid on its due date will automatically entail the payment of a fixed compensation of 40 euros due for collection costs. Articles 441-6, paragraph 12, and D. 441-5 of the Commercial Code.
Welkit reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in case of default of payment or partial payment of any amount due by the buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Welkit website, including on previous orders.
4.4.2 Penalty Clause
In the event that Welkit has to resort to a third party to recover a debt, it reserves the right to charge collection fees to the creditor. These fees amount to 15% of the total amount including tax of the debt, with a minimum flat rate of 300 euros per debt.
4.4.3 Retention of Title Clause
Welkit retains ownership of the goods sold until full payment of the price, principal and accessories. In this capacity, if the buyer is subject to a judicial reorganization or liquidation, Welkit reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid.
4.5 SECURITY IN PAYMENT OPERATIONS
In the context of combating fraud on the Internet, information regarding the buyer's order may be transmitted to any third party authorized by law or designated by Welkit solely for the purpose of verifying the buyer's identity, the validity of the order, the payment method used, and the intended delivery.
Following this check, Welkit reserves the right to request a copy of the buyer's identity card and/or any information concerning the buyer's identity. Any buyer has the right to access, rectify, and delete personal data concerning them and processed by Welkit, under the conditions provided in the privacy policy.
Welkit uses several secure payment tools, called "Payplug," "PayPal," "Alma," "Coinbase Commerce." Payment security is based on buyer authentication and the confidentiality of all data. To ensure this security, these various payment tools use proven cryptographic techniques and comply with the various banking regulations applicable in France and the European Union.
ARTICLE 5 - DELIVERY AND RECEIPT
5.1 GENERAL RULES
The products ordered by the buyer in accordance with these GTC will be delivered to the address indicated by the buyer as the delivery address on the relevant order ("delivery address").
Welkit delivers to all countries in the world, including overseas departments and territories (DOM-TOM) and military postal sectors. All orders are prepared and shipped internally from the Welkit logistics center based in Guer-Coëtquidan, France. No preparation or shipment is carried out by a subcontracting company, except for special deliveries such as those concerning orders with strongboxes.
5.2 DELIVERY METHODS
The delivery methods listed below may not be offered for all products, so it may happen that certain delivery methods are not offered to the buyer as part of their order.
5.2.1 Delivery in Metropolitan France
Home Delivery
- Colissimo:
The package containing the ordered and paid products is deposited in the mailbox at the delivery address provided by the buyer.
In case the mailbox is insufficiently sized, the buyer or the recipient of the order receives a notice of attempted delivery, allowing them to pick up the package at the location indicated in this notice within 10 to 14 days.
- Chronopost:
The package containing the ordered and paid products is delivered by the Chronopost company against the electronic signature of an acknowledgment of receipt by the buyer or the recipient of the order.
The day before delivery, Chronopost informs the buyer by email that a delivery is scheduled for them. In case of unavailability, the buyer has the option to reschedule their delivery for a later date or change the delivery location (safe place, neighbor, nearby point). On the day of delivery, the buyer receives a notification indicating the delivery time slot and offering them again the option to reschedule or change the delivery location. If the package is made available at a nearby point, the buyer or the recipient of the order has the time frame indicated by Chronopost to pick up their package. After this period, the package will be returned to Welkit.
The electronic acknowledgment of receipt signed upon receipt of the package by the buyer, the recipient of the order, or the person designated by the buyer or the recipient of the order, constitutes proof of delivery by Welkit and receipt by the buyer or the recipient of the order of the ordered products. No dispute regarding the delivery itself is possible if the package appears to have been delivered, the carrier's computer system (flashing) being binding.
Express delivery via Chronopost is only valid for metropolitan France excluding Corsica.
Delivery to Relay Point
The package containing the ordered and paid products is deposited at the relay point selected by the buyer during their order.
The buyer of the order has a period of 8 days from the receipt of the email indicating the availability of their package at the specified relay point, to pick it up. Pickup is only possible upon presentation of identification and signature of the buyer or recipient of the order.
The signature affixed by the buyer or the recipient of the order constitutes proof of receipt by the buyer or the recipient of the order of the ordered products. No dispute regarding the delivery itself is possible, as the package can only be picked up upon presentation of an identity document.
5.2.2 Delivery outside Metropolitan France
We are able to ship your orders anywhere in the world, whether in Europe, the overseas departments and territories (DOM-TOM), or internationally.
For all shipments outside Metropolitan France, the amount of shipping costs is calculated based on the weight of the package and the destination country. Shipping costs will be displayed in your cart before payment of your order.
Delivery methods therefore differ from one country to another.
In general, upon delivery, a distribution slip or acknowledgment of receipt must be signed by the buyer or the recipient of the order. This acknowledgment of receipt constitutes proof of delivery by Welkit, and receipt by the buyer or the recipient of the order, of the ordered products.
5.2.3 Delivery to Military Postal Sectors
Any order shipped to a Military Postal Sector will be invoiced excluding tax (shipping costs excluded). As the prices indicated on the site are including tax, the VAT refund will be made within 48 business hours after validation of the order.
Deliveries to Military Postal Sectors can only be made by Colissimo. La Poste takes care of the buyer's package from our warehouses in Guer to the Poste Aux Armées, located in Vincennes, which then takes charge of the package for delivery to the area. This shipment can sometimes be quite long as it depends on the distance and frequency of military air shuttles. The contents of the package are insured, and this insurance is fully covered by Welkit, so that the buyer incurs no additional transport costs and their order travels safely.
Note: Since June 2003, any shipment of equipment containing a blade or aerosol is prohibited in all military postal sectors.
5.2.4 Delivery Times
Delivery times begin from the order confirmation.
Please note, the deadlines indicated below are subject to product availability. They include a preparation time of 0-2 business days for standard home delivery, to SP, or to a relay point, and 0-1 business day for express home delivery or to a relay point.
Shipping to Metropolitan France:
- Express Home Delivery (excluding Corsica): 24 to 48 business hours
- Standard Home Delivery: 2 to 4 business days
- Colissimo Relay Point Delivery: 2 to 5 business days
Shipping to Military Postal Sectors:
- The delivery time varies depending on the time it takes for La Poste to deliver the package to La Poste Aux Armées and the location of the postal sector.
Shipping outside Metropolitan France:
- Colissimo Overseas (DOM-TOM): 5 to 7 days depending on the destination (excluding any customs processing).
- Colissimo International: 5 to 15 days (depending on the destination country and excluding any customs processing).
5.2.5 Package returned to sender / NPAI
In the event that the package is not collected within the specified timeframe on the delivery notice, the package is returned to Welkit. In this case, the buyer will be refunded the amount of the order, minus outbound and return shipping costs, using the same payment method as the purchase. If the amount of outbound and return shipping costs exceeds the amount of the ordered item, payment for the difference may be requested.
5.2.6 Contribution to shipping costs
Shipping and handling fees vary depending on:
- The carrier handling your order: So Colissimo, Chronopost, or specialized carrier.
- The chosen delivery option.
You can view the shipping fees applicable to your order in your cart before payment.
5.3 TAX & CUSTOMS REGULATIONS
Customs clearance fees, local taxes, excise duties, and other additional charges resulting from the application of import rules specific to each country are the responsibility of the buyer. These taxes cannot be calculated by Welkit and are not included in the final order amount.
Note: The buyer is responsible for ordering products in accordance with the legislation of the destination country. For Switzerland, for example, neither knives, batons, aerosols, nor any defense systems are allowed.
5.3.1 Shipments within the EEA
Under no circumstances can a shipment be exempt from tax if the destination country is within the European Economic Area.
5.3.2 Shipments outside the EEA
For countries outside the EEA, Welkit sells products tax-free, meaning all items offered will be discounted by the French VAT (20% or 5.5% for books).
Important: In some cases, the buyer may be considered an importer and required to pay applicable customs duties and VAT in the destination country. Welkit will not be held responsible for the application of these various taxes, if any, and will not be obligated to refund these fees.
5.3.3 Shipments to Overseas Departments and Territories
Sales are made tax-free; however, in most cases, the buyer will be required to pay the specific tax for Overseas Departments and Territories known as "octroi de mer." This tax depends on the package value and will be invoiced to the buyer, or if applicable, to the order recipient, by La Poste upon package delivery. Welkit will not be held responsible for the application of these various taxes and will not be required to reimburse them.
5.3.4 VAT Refund
Since the prices on the site include VAT, VAT refund will be processed within 48 business hours after order validation.
5.4 ANOMALY, DAMAGE, LOST PACKAGE
5.4.1 General Provisions
The buyer or the order recipient is advised to check the apparent condition of the package and products upon delivery.
In case of anomalies concerning the package (damaged package, open package, liquid traces, etc.) or the ordered product(s) (missing product(s), damaged product(s)), the buyer or the order recipient must follow the procedures described below (Articles 5.4.2 and 5.4.3 of these Terms and Conditions) corresponding to the conditions of the order. Failure to comply with the appropriate procedure excludes any recourse against the carrier and Welkit. In particular, the buyer will not be entitled to any refund. The buyer or the order recipient will also not be entitled to Welkit re-delivering the ordered products.
The buyer or the order recipient may also contact Welkit Customer Service to inquire about the return procedures for the damaged product(s). The procedure for returning damaged products indicated by Welkit Customer Service must then be followed by the buyer. Otherwise, the buyer will not be entitled to any refund or exchange of the products in question.
5.4.2 Procedures to be Followed in Case of Damaged Package
Home Delivery
If the delivery person is present:
- Refuse delivery and immediately issue all reservations regarding the detected anomaly clearly and in detail. These reservations must be indicated by the buyer or the order recipient on the delivery slip.
- Report the refusal to Welkit Customer Service by email at contact@welkit.com.
If the delivery person is not present:
Do not open the package. Note: Opening the package excludes any recourse against Welkit.
- Return the unopened package to the Post Office within five business days of delivery
- Establish a "spoliation report" with La Poste.
- Report the refusal to Welkit Customer Service by email at contact@welkit.com.
Incident notification and reservation formulation must be made no later than 3 business days from the delivery date.
Delivery to a relay point or military postal sector:
- Do not accept the package. Note: Opening the package excludes any recourse against Welkit.
- Report the observed damages or deficiencies and make all claims and reservations to Welkit Customer Service by email at contact@welkit.com.
International delivery:
- Do not open the package. Note: Opening the package excludes any recourse against the local postal service, ColiPoste, and Welkit.
- Return the unopened package to the local post office within five business days of delivery
- Establish an anomaly report (the designation varies by country)
- Report the anomaly to Welkit Customer Service by email at contact@welkit.com.
Incident notification and reservation formulation must be made promptly and no later than 3 business days from the delivery date.
5.4.3 Procedure to be Followed in Case of Missing or Damaged Product
The buyer or the order recipient must report the absence or damage of the product to Welkit Customer Service by email at contact@welkit.com no later than 3 business days from the delivery date.
Welkit Customer Service may request any information regarding the identity of the buyer or the order recipient and carry out any necessary verification on this occasion.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 WITHDRAWAL PERIOD
Welkit extends the legal withdrawal period from 14 (fourteen) days to 30 (thirty) days from the day of shipment of the package containing the ordered products, allowing the buyer to exercise their right of withdrawal without having to justify their decision*.
*Except for gift cards and products benefiting from special delivery such as safes. In this case, in accordance with Article L. 221-18 of the Consumer Code, the buyer has a period of 14 (fourteen) days from the day of receipt of the package containing the ordered products to exercise their legal right of withdrawal without having to justify their decision, provided, however, that the gift card has not been used in whole or in part before the expiry of this period. Indeed, in this case, no right of withdrawal or refund in any form is provided.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders concerning:
- The supply of goods that have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection,
- The supply of goods made to the consumer's specifications or clearly personalized.
The buyer exercising their right of withdrawal under the conditions provided for in this article in terms of deadline and return modalities of the products, may obtain a refund or credit for the returned products from the order.
6.1.1 Refund & Credit
When the return entitles to a refund or credit, it is equal to the purchase price of the returned product(s).
The refund is made to the payment method used when placing the order, while the credit is generated in the form of a virtual gift card.
The deadline to receive a refund or credit is 10 business days from the receipt of the return.
Important: Outbound shipping costs are not refundable.
6.1.2 Exchange
Depending on the type of product and subject to stock availability, Welkit offers the buyer the possibility of exchanging the returned product(s). The desired exchange product should be indicated during the online return process.
6.2 RETURN CONDITIONS
- A product is not compliant with the order or does not suit.
For the return request to be accepted, the product must be returned new, complete without any signs of wear, and in its original packaging. Accessories (power cable, lens protector, pouch, etc.) sold with the product must also be present in the original packaging of the item. For example, a pair of shoes cannot be returned with only its original box or packaging; an additional cardboard box or shipping bag will be necessary (the packaging must not have any tape marks). If these conditions are not met, the merchandise return will be considered non-compliant and will not be refunded or exchanged by Welkit.
- A product is defective.
The return request procedure is carried out online via the platform provided for this purpose on the Welkit website.
Important: The transport of returned products is the responsibility of the buyer.
6.3 RETURN PROCEDURE
To return an item, the buyer or, if applicable, the order recipient, must initiate an online return procedure via the platform provided for this purpose on the Welkit website.
6.4 RETURN COSTS
The return costs amount to €1.95 for the following countries: mainland France, Belgium, Germany, Luxembourg, Monaco, Andorra. These costs will be deducted from the refunded amount. In case of our error or a manufacturing defect, return costs will be at our expense.
Important: For returns from Overseas Departments and Territories, and other countries within and outside the EEA, return costs are the responsibility of the buyer, or if applicable, the order recipient.
6.5 ABUSIVE OR NON-COMPLIANT RETURN
In case of abusive return or if the buyer, or if applicable, the order recipient, has not read or applied the above instructions, the return of the order will be considered non-compliant and treated as such.
ARTICLE 7 - WARRANTIES
7.1. LEGAL WARRANTIES
All products sold on the site benefit from the legal conformity guarantee (as defined in Articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 and following of the Civil Code), allowing the buyer to return defective or non-compliant products at no cost.
7.1.1 Legal Conformity Guarantee
French consumer law provides the following regarding the legal conformity guarantee:
- Article L217-4: "The seller delivers goods in conformity with 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 when it was made their responsibility by the contract or carried out under their responsibility."
- Article L217-5: "The goods comply with the contract if they: 1° Are fit for the usual purpose of such goods and, where applicable: - if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
- Article L217-12: "Action resulting from lack of conformity is barred two years from delivery of the goods."
7.1.2 Guarantee against Hidden Defects
French civil law provides the following regarding the guarantee against hidden defects:
- Article 1641 of the Civil Code: "The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them."
- Article 1648 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. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be relieved of visible defects or non-compliance."
7.1.3 Exclusion of Guarantees
Products modified, repaired, integrated, or added by the buyer are excluded from warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged during transport or due to improper use.
7.2 PROCEDURES FOR IMPLEMENTING LEGAL WARRANTIES
When exercising the legal conformity guarantee, the buyer:
- Has a period of two years from the delivery of the goods to act;
- May choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- Is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal conformity guarantee applies regardless of any commercial warranty that may be granted.
The buyer may decide to implement the warranty against hidden defects in the sold item within the meaning of Article 1641 of the Civil Code. In this case, the buyer may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
For any inquiries regarding legal warranties, the Buyer must contact Welkit Customer Service via the Contact Us section.
7.3 CONSEQUENCES OF IMPLEMENTING WARRANTIES
Under the legal conformity guarantee, Welkit, at the buyer's choice:
- Either replaces the product with an identical product subject to available stock,
- Or refunds the price of the product if replacing a product proves impossible.
Under the legal warranty against hidden defects, Welkit, according to the buyer's choice, undertakes, after evaluating the defect:
- Either to fully refund the price of the returned product,
- Or to refund part of the price of the product if the buyer decides to keep the product.
7.4 COMMERCIAL WARRANTY
Some products sold on the Welkit website benefit from an additional commercial warranty offered by the manufacturer, the duration of which is indicated on the product page or packaging. This warranty covers parts and labor but does not apply in cases of misuse, damage, or negligence.
The commercial warranty is the responsibility of the manufacturer. Welkit does not carry out any repairs or part replacements; therefore, Welkit can only connect the buyer with the manufacturer's warranty service for the relevant product.
Note: Welkit cannot be held responsible in the event that the manufacturer fails to apply its commercial warranty. In such cases, Welkit is not obliged to replace the concerned product or refund the full or partial price of the returned product.
ARTICLE 8 - RESERVATION OF OWNERSHIP
Welkit retains full ownership of the products sold until the full payment of the total price, including principal, fees, taxes, and mandatory contributions.
ARTICLE 9 - INTELLECTUAL PROPERTY
The Welkit trademark, as well as all illustrations, images, logos, and any content appearing on the site, are and will remain the exclusive property of Welkit or the respective intellectual property rights holder.
Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, logos, or any other content of the site for any reason and on any medium without the express, written, and prior consent of Welkit or the respective intellectual property rights holder is strictly prohibited. The same applies to all copyrights, designs, and patents appearing and/or used on the site.
ARTICLE 10 - SIGNATURE AND PROOF
Welkit ensures a high level of site security and works to protect the personal data of its customers, but the buyer must also maintain the security of their personal data by not disclosing their identifier (email address) and/or password to anyone and by regularly changing their password. Accordingly, Welkit cannot be held responsible for the disclosure of the buyer's information to any individual who has used their identifier and/or password. In this regard, the use of the buyer's identifier and/or password will serve as proof of their identity, and the enforceability, upon order validation, of the corresponding amounts. Welkit cannot in any case be held responsible for the fraudulent use of this information. Providing the credit card number and the final validation of the order will serve as proof of acceptance of said order and will make the amounts entered for the products on the order payable. Computerized records, kept in the computer systems of Welkit and its partners, will be considered as evidence of communications, orders, and payments made between the parties.
The parties agree that all data, information, files, and any other digital elements exchanged between them will constitute admissible, valid, opposable evidence with the probative force of a private agreement.
The parties undertake not to contest the admissibility, validity, opposability, or probative force of the aforementioned electronic elements, based on their electronic nature. Unless proven otherwise, these elements will be valid and opposable between the parties in the same manner, under the same conditions, and with the same probative force as any document that would be established, received, or kept in writing.
ARTICLE 11 - LIABILITY
11.1 CAPACITY
The buyer, prior to placing their order, declares that they have full legal capacity to commit themselves under these General Terms and Conditions of Sale. Welkit cannot be held responsible for verifying the legal capacity of its visitors and buyers. Consequently, if a person without legal capacity orders items on the site, their legal representatives (parents, guardians, in particular) would assume full responsibility for this order and would have to pay the price thereof.
11.2 LIMITATION OF LIABILITY
Welkit's liability for its obligations under these GTC cannot be engaged in the event of non-performance of its obligations due to a third party's act, even if foreseeable, the fault of the buyer, or the occurrence of force majeure as defined by French jurisdictions or any other event not reasonably under Welkit's exclusive control. The information accessible on the site is provided "AS IS" without any warranty, whether implied or express, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability, or completeness of the information, products, accessories, or services appearing on the Welkit site or their suitability for the buyer's intended use. WELKIT DISCLAIMS ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING FROM THE USE OF THE SITE. IN THE EVENT THAT WELKIT'S LIABILITY SHOULD BE ESTABLISHED AND UPHELD DUE TO DAMAGE SUFFERED BY THE BUYER AND EXCLUSIVELY ATTRIBUTABLE TO PLACING AN ORDER, IT IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO WELKIT. Any claim filed by a user, including any buyer, against Welkit must be made within 6 months following the occurrence of the event giving rise to the claim.
ARTICLE 12 - PROCESSING OF PERSONAL DATA
Welkit collects personal data from the buyer as well as, if applicable, from the recipient of the order. The purposes, recipients, retention periods, and conditions under which Welkit collects and processes personal data are presented in the site's privacy policy, which details all information related to the processing of personal data and the rights of the individuals concerned with these processing operations.
ARTICLE 13 - AMENDMENTS
Welkit reserves the right to modify and update the General Terms and Conditions of Sale without notice. To be informed of any such modifications, Welkit advises the buyer, and generally any user, to regularly review the GTC, the Legal Notices and General Terms of Use, and the privacy policy of the site. The order will be subject to the GTC in force at the time of the order.
ARTICLE 14 - GENERAL PROVISIONS
14.1 PARTIAL INVALIDITY
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, regulation, or following a final decision of a competent court, the other provisions shall remain in full force and effect.
14.2 NON-WAIVER
The fact that one party does not avail itself against the other party of a breach of any of the obligations set forth in these GTC shall not be construed for the future as a waiver of the obligation in question.
14.3 APPLICABLE LAW AND JURISDICTION
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute shall be brought before the Commercial Court of Vannes.
14.4 DURATION
The GTC apply for the entire duration of the products offered by Welkit until the end of the warranty periods. In any event, the "liability" clause will survive the expiry of the GTC.