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 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 welkit.com (hereinafter referred to as the "Site") is published and operated by the company Welkit sarl, limited liability company, registered with 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 terms, the Client is a natural person, of legal age, making a purchase on the Site 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 GTC by the Internet User without reservation. The present GTC are available at any time on the Site and are listed at the bottom of the page. The version of the GTC 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 notably:
- Discover the articles and services offered by the company Welkit;
- Make purchases according to the terms provided by the General Terms and Conditions of Sale of the Site;
- Post reviews on the articles sold on the Site (after purchases or use of a product or service);
- Post 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 regarding the products and servicesoffered 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 Internet User's consent.
2.2 ROLE OF WELKIT
On its merchant site, Welkit sells the products from its catalog (Welkit brand products and/or third-party brand products). In this case, Welkit is the seller and the direct contracting party of the Client.
ARTICLE 3 - ACCESS TO THE SITE AND FUNCTIONALITIES
Access to the Site is free for any Internet User. Thus, any Internet User can freely consult the products listed on the Site.
Certain functionalities such as displaying prices, ordering products/services, tracking orders, or posting reviews require the creation of an account and are reserved for Clients.
3.1 THE WELKIT CLIENT ACCOUNT
Creating an 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 taken from their account.
It is the Client's responsibility to notify Welkit's customer service if they notice any fraudulent use of their account or suspect that their credentials may have been disclosed. Indeed, Welkit cannot verify the identity of the persons accessing the Site and the Client's account.
Consequently, Welkit declines all responsibility for any 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, particularly in case of non-compliance with the stipulations specified above, violation of the article "BEHAVIOR ON THE SITE," failure to pay for orders, or non-compliance with the return policy.
The Client can request the deletion of their account. To do so, they must contact Welkit's customer service.
The Client acknowledges that in case of deletion of their account for any reason, they will no longer have access to all the functionalities of the Site, including the ability to order Products or access their purchase history.
ARTICLE 4 - PAYMENT
Payment for orders is made directly via the Site according to the conditions provided by our General Terms and Conditions of Sale.
ARTICLE 5 - INTELLECTUAL PROPERTY
5.1 ON CONTENT POSTED BY CLIENTS
All Content (including texts, comments, files, images, photos, videos, works, etc.), potentially subject to property rights, intellectual property rights, image rights, or other proprietary rights, remains 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 the sites of the company Welkit. Users are free to publish or not such Content on the Site, notably via the "Photo Sharing" service, and accept that this Content becomes public and freely accessible, notably on the Internet. They acknowledge, undertake, and guarantee that they have all the necessary rights and authorizations for such publication on the Site, notably under the applicable legislation and rights to privacy, property, intellectual property, image, contracts, or any other nature. By such publication on the Site, Users are aware of engaging their responsibility as the publisher of the Content under the law and grant on said Content, for the entire duration of the publication, to Welkit, a non-exclusive, free, worldwide license, including the rights of reproduction, representation, loading, display, execution, transmission, storage, as well as sublicensing, notably 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 may not always be made. By their publication, users authorize that Content may become automatically accessible on the Internet, notably on other sites and/or blogs and/or web pages of the company Welkit, including notably the pages of Welkit's social networks or users of Welkit's sites who may share certain Content. Users can request Welkit to stop their publication.
By posting a review or comment on the product pages of the Site, the user acknowledges that this review becomes public and grants the sites of the company Welkit 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 may benefit from, and to use the name and/or first name provided with the review or comment for all purposes, notably commercial and advertising, on all media, including the Internet, emailing (paper and/or online), display, tagging, point-of-sale advertising, leaflet, advertisement, magazine, television and radio media, and similar media, worldwide and for a duration of 10 years.
5.2 INTELLECTUAL PROPERTY OF WELKIT
This site is protected under intellectual property rights, including 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 access, navigation, and use related to this site. This license does not grant you any other rights, particularly for commercial exploitation of these contents.
ARTICLE 6 - PERSONAL DATA
Welkit undertakes to process data in compliance with applicable laws and regulations, including Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms (hereinafter the "Data Protection Act"), and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on 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
By browsing and using the services of the Site, the Internet User is prohibited 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 mere display during navigation on this Site, third-party content subject to intellectual property rights, privacy rights, personal data, or image rights;
- Storing, disseminating, or publishing any illegal, harmful, abusive, racist, hate-inciting, revisionist content, contrary to good morals, infringing on privacy, or infringing on the proprietary rights of third parties, notably the right to the image of persons and property, intellectual property rights, or the right to privacy;
- Storing, disseminating, or publishing any information that directly or indirectly reveals political, philosophical, or religious opinions, union membership, health status, or sexual orientation;
- Posting content on behalf of a third party;
- Impersonating a third party and/or publishing any personal information of a third party;
- Storing, disseminating, or publishing any content that may directly or indirectly harm 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 - CONTENT DELETION
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 becoming aware of the User's non-compliance with these general terms of use or for technical reasons. This modification or deletion may be made without notice, notification, or prior warning, at any time and at Welkit's sole discretion.
The User also has the right to delete their Content posted on the Site. To do so, they must submit a request for Content removal by email to contaact@welkit.com.
Any legitimate and well-founded request will be processed as soon as possible by Welkit, without Welkit being able to guarantee immediate removal of access to the content. The User acknowledges that Welkit cannot be held liable in this regard, particularly due to the time required to process their request, technical constraints, or material impossibility to respond, especially if the Content has been reproduced by third parties.
ARTICLE 9 - LIABILITY
9.1 OPERATOR'S LIABILITY
Consultation and use of the Site are under the responsibility of the User. The Site may host links to third-party sites. By clicking on these links, the User acknowledges that Welkit cannot guarantee their content and therefore agrees to access them at their own risk. Consequently, Welkit cannot be held responsible for any damages resulting from access 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, notably for maintenance purposes. 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 technologies inherent to the Internet, particularly regarding response times for consulting or querying the server hosting the Site, technical performance, risks of interruption, and, more generally, any risk incurred during data transmission.
Consequently, Welkit cannot be held responsible, without this list being exhaustive:
- For any information consulted on the Site that was not posted by Welkit;
- For any network malfunction preventing the proper functioning of the Site;
- For the loss of any 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'S LIABILITY
By using the Site, the User agrees to release the company Welkit from liability and to indemnify it for any damages, costs, and expenses, direct and indirect, arising from:
- Any third-party claim regarding any content posted on their behalf, notably 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 terms, including for fraudulent purposes;
- Violation of these Terms of Use of the Site.
Welkit wishes to raise awareness among its Users regarding the publication of Content, such as user photos or other images. Welkit draws the attention of its Users to the need to publish or share respectful and compliant photographs, images, or videos with military ethics and the values of the company Welkit.
ARTICLE 10 - MODIFICATION OF THE GTC
Welkit reserves the right to modify and update the General Terms of Use without notice. To be informed of these possible changes, Welkit advises the User to regularly review the GTC, Legal Notices, GTC, and the site's privacy policy.