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General Terms and Conditions of Sale (GTC)

General terms of sale

"Our general conditions of sale have been developed from a free and open source template that can be downloaded from the https://www.donneespersonnelles.fr/ website.
WI-PARIS manufactures and markets Products under the WI-PARIS brand, exclusively for consumers.

The Products are marketed via the Site. 

These GTC govern the use of the www.wi-paris.com Site, published by the company ARANXIAS/WI-PARIS, a limited liability company, whose registered office is at 81 rue de l'Amiral Roussin, 75015 Paris, with a share capital of 50,000 euros, registered with the Paris Trade and Companies Register under number 831 039 904 R.C .S Paris, represented by Mrs Jaky SAINSILY, as Manager, duly authorised for the purposes hereof ("WI-PARIS"). 

WI-PARIS can be reached by email by clicking on the contact form accessible via the home page of the Site or at the following address: [email protected].

Article 1: Definitions

In the context of these GTC, the following definitions will apply to all terms beginning with a capital letter, in the singular and plural:

· "Customer": the consumer, customer of WI-PARIS on the Site.
· "Order", "Commander" or "Order": the process of ordering one or more Product(s) by the Customer, from WI-PARIS, on the Site.
· "Account": the Customer's account, allowing to Order on the Site, accessible by his username and password, and containing his personal information and history.
· "General Conditions" or "GTC": this document.
· "Personal Data": personal data collected and processed by WI-PARIS.
· "Party": WI-PARIS and/or the Customer, taken individually and/or collectively.
· "Privacy Policy": wi-paris' privacy policy, accessible on the Site.
· "Product": the product or products marketed by WI-PARIS on the Site. These can be ready-to-wear products, or on pre-order from options chosen by the Customer. They consist mainly of swimsuits, beachwear and beach accessories.
· "Site": the site www.wi-paris.com, its components, as well as any other support of the site, such as a mobile application.

Article 2: Purpose

These GTC define the conditions under which WI-PARIS will market its Products to Customers on the Site.

Article 3: Rules governing the GTC

The Customer undertakes to read these GTC carefully before using the Site.

The Customer must be a natural person of legal age, and have legal capacity in his country of residence. 

If WI-PARIS is informed that a Customer does not comply with the terms previously indicated, WI-PARIS may delete his Account and cancel any Order, without notice and without incurring any liability.  

WI-PARIS reserves the right to modify the GTC at any time, notifying the Customer by email or by notification at his next connection on the Site.

In the absence of acceptance of the modified GTC by the Customer, WI-PARIS may delete the Account. The Customer may also delete his Account. 

In order to place an Order on the Site, the Customer must read and accept these GTC.

This acceptance will be expressed by ticking the box corresponding to the sentence of acceptance of these GTC when registering on the Site, having for example the mention "I acknowledge having read and accepted all the GTC" or another equivalent mention.

The GTC applicable to the use of the Site are those in force on that date, and the GTC applicable to the Order of Products are those that are accepted by the Customer at the time of the Order.

Article 4: Account

4.1. General

In order to Order on the Site, the Customer must create an Account.
It will create a username and password.
He must make sure that the password is strong enough and secure.
WI-PARIS will not be responsible in case of access to the Account by a third party, by a brute force attack. 

4.2. Use of the Account

The Customer is responsible for the security and use of the username and password of his Account. In particular, the Customer must ensure that they are used in accordance with these GTC.
WI-PARIS will not be liable in the event of unauthorized use of the Account by a third party, and will not be liable for any damage caused by such use.

If the Customer becomes aware that his Account is compromised or used without authorization, or any other security breach related to his Account, he must inform WI-PARIS as soon as possible.
WI-PARIS will not be responsible if it is impossible for the Customer to access his Account.

4.3. Security

The Customer undertakes not to act in the following way, without this list being exhaustive:
· Act in a manner that could compromise the operation of the Site.
· Reproduce the Site, in any way whatsoever, by any means and in any form,
· Attempt to access a third party's Account,
· Attempt to access the servers (outside normal use of the Site) or computers on the WI-PARIS network,
· Attempt to upload viruses, Trojan horses, or any other invasive or illegal program to WI-PARIS' servers,
· Extract data or computer code from the Site without prior written permission from WI-PARIS, including adapting, modifying, translating, transcribing, arranging, compiling, decompiling, assembling, disassembling, transcoding all or part of the Site.
· Use the Site in an illegal manner or in violation of these GTC or any applicable law.

4.4. Link to Third Party Sites

The Site may contain links to third party sites as well as articles, photographs, text, graphics, images, design elements, music tracks, sound files, video sequences, information, applications, software and other content or elements owned by or emanating from third parties.

Accordingly:
· The posting of links to a third-party site or content belonging to a third party is not subject to the control of WI-PARIS,
· WI-PARIS does not guarantee the accuracy, relevance or completeness of third-party sites or content belonging to a third party,
· WI-PARIS cannot be held responsible for the content, accuracy, offensiveness, opinions, reliability, privacy practices and other practices of third party sites or content belonging to a third party,
·  Access to third-party sites or use of content belonging to a third party is at the Customer's own risk.
WI-PARIS can in no way be held responsible for any damage, direct or indirect, that may be caused by third party sites.

4.5. Closing the Account

In the event of a violation of the terms of the GTC by the Customer, or in the event of inactivity of the Customer for more than two (2) years (date of last connection), WI-PARIS may close and delete the Customer's Account, at its discretion, without the responsibility of WI-PARIS being called into question, without notice, and without any compensation being requested by the Customer.
All sums due to WI-PARIS by the Customer will remain due.
However, WI-PARIS may engage the responsibility of the Customer and claim damages in this respect, if the latter has not respected these GTC.

4.6. Account Data

The Customer undertakes to provide real and up-to-date information on his Account, which is used to process Orders.
In accordance with the Article "Personal Data" and the Privacy Policy, the Customer may also request the deletion of his Account, and exercise his rights under the Data Protection Act and the GDPR.In this case, the Customer's data will be deleted by WI-PARIS, unless they are necessary for WI-PARIS to comply with its legal and regulatory obligations.

Article 5: Price

5.1. Price

The price of the Products indicated on the Site is provided in euros all taxes included, including VAT and any other tax applicable on the date of Order.The price of the Products will be detailed at the time of each Order.
It will be necessary to add, if necessary, shipping costs, as described on the Site. 

For all Orders whose billing or delivery address is indicated outside the European Union and/or DOM-TOM, the price is calculated for all taxes included during the Order.Customs duties or other local taxes or import duties or state taxes may be payable in certain cases, and are borne by the Customer, who must ensure the declaration and payment to the competent authorities, under his own responsibility. 

The Customer is responsible for keeping himself informed of the formalities and rights to be settled, and WI-PARIS will not engage its responsibility in this respect.
WI-PARIS is free to modify its prices at any time, but undertakes to apply to any Order the price validated by the Customer. 

The Customer bears the price of access to the Site (internet access, computer terminal).
All payments are made net and without discount.
Payment is due immediately at the time of the Order, including for pre-order Products. 

5.2. Payment

The Customer may make his payment by credit card or by any other means offered by WI-PARIS. The Customer guarantees to WI-PARIS that he is the holder of the means of payment used for the purpose of payment of the Order and that he has sufficient funds to fully cover the payment of his Order.

By communicating his banking information during the sale, the Customer authorizes WI-PARIS to debit his card for the amount relating to the price indicated.
Unless specifically agreed by WI-PARIS, the Order will only be considered constituted when payment has been received by WI-PARIS.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center …), the debit of the sums due by the Customer proves impossible, the order will not be recorded by WI-PARIS.
Payment will be debited at the time of validation of the Order by the Customer. 

In the event of an impossibility to debit the sums due in payment of the Order, for any reason whatsoever, the Order will be canceled, without engaging the responsibility of WI-PARIS, and without prejudice to the damages that WI-PARIS may request to compensate its damage.
Payments by credit card are made by means of secure transactions provided by a payment provider acting according to the rules of the art.
The payment provider is Stripe, whose terms and conditions are available at the following address: https://stripe.com/fr/privacy

WI-PARIS has no access to any data relating to the Customer's means of payment with the exception of the last digits of his credit card. Payment is made directly in the hands of the bank or payment provider receiving payment from the Customer.
In case of difficulties or payment problem, the Customer can contact WI-PARIS at [email protected].

Article 6: Steps of the Order

6.1. Order Process

Prior to his first Order on the Site, the Customer must create an Account.

The Command follows the following steps:

  • The Customer visits the Site and chooses the Product after viewing its page.
  • The Customer chooses the options applicable to the Product he wishes to Order.
  • The Customer puts the Product in a basket.
  • The Customer indicates his Order information, and enters his payment information.
  • The Customer reads these GTC and accepts them.
  • The Customer checks the summary of the Order, and if necessary, corrects the errors.
  • The Customer validates the Order.

The Customer will then receive confirmation by e-mail of the payment of the Order, as well as an acknowledgment of receipt of the Order confirming it. He will receive a .pdf copy of these GTC.
Any Order is constituted only if WI-PARIS receives payment from the Customer. WI-PARIS will only send a confirmation of the Order upon receipt of payment. Otherwise, no Order is constituted.
The Order is then sent in accordance with WI-PARIS' commitments.

6.2. Refusal of the Order

In accordance with Article L121-11 of the Consumer Code, WI-PARIS reserves the right to refuse any Order for legitimate reasons, in particular in the event of payment problems, delivery problems following the provision of incomplete and/or imprecise information by the Customer, Abnormally high Orders compared to Orders usually placed by the Customer or Orders placed in bad faith.

6.3. Order Error

WI-PARIS can in no way be responsible for error in the choice of Product, option related to the Product, input errors by the Customer during the Order, or any other information provided that proves to be erroneous, nor for their possible consequences and in particular delays or delivery errors. In this case, if WI-PARIS accepts, on a commercial basis, a reshipment, the costs generated by a possible reshipment will be borne by the Customer.

6.4. Archiving

WI-PARIS will archive the transactions made on the Site, and the invoices on a reliable and durable medium constituting a faithful copy. Computerized records shall be considered by the Parties as evidence of communications, payments and transactions between the Parties.

Article 7: Products

7.1. Stocks

WI-PARIS undertakes to honor the Customer's Order within the limits of stocks of Products available only.
The stocks of Products are indicated on the page of each Product or prior to the Order.
By Ordering the Product, the Customer accepts the deadlines indicated by WI-PARIS, in particular if the Product is pre-ordered, manufactured on request or is not in stock on the date of the Order. If, however, the deadlines can be faster, the customer will be informed by email, and will thus be able to agree on a delivery date with the seller.
In case of Order of a Product in stock, the minimum delivery time is seven (7) calendar days.
In case of Order of a pre-ordered Product, Product on request or not in stock, the minimum delivery time is three (3) calendar weeks.
The Products are all in limited editions, and often in small quantities.
Some Products are available for pre-order, either because of certain options specific to the Customer's choice, or because of limited quantities available, which implies a longer delivery time related to the manufacture of the Product started once the Order has been placed.
The Customer is solely responsible for ensuring that the option of the Product he chooses, if any, is the relevant option for his needs.
In the event of unavailability of a Product for a period exceeding seven (7) working days, the Customer will be immediately notified of the foreseeable delivery times and the Product Order may be cancelled on simple request to Customer Service. The Customer may then request a credit note for the amount of the Product or its refund, which will be made within fourteen (14) days.

7.2. Offers

WI-PARIS is free to offer offers on Products, temporary or permanent (discounts, promotional offers, etc.).
WI-PARIS may terminate an offer on a Product at any time, which the Customer accepts.
The period of validity of the offer of the Products as well as their prices, is specified on the Site.

7.3. Legal guarantees

The essential characteristics of the Products are detailed on the page of each Product on the Site.
The photographs of the Products are provided for informational purposes only have no contractual value. They should not be considered by the Customer as a determining element of the consent to place an Order. WI-PARIS cannot be held responsible if the Products delivered are not identical in all respects to those presented on the Site.

The Customer is informed and accepts that the Products may be handcrafted, which will be specified on the Site, which may cause differences between the specifications of the Product and the Product as delivered.
The Customer is invited to read any information attached to the Product or on the Product or its packaging, in particular information related to any precautions for use, conditions and restrictions of use.
The Customer is required to ensure that the Products correspond to his expectations and needs, prior to the Order.

The Products are manufactured in compliance with the Community regulations applicable to them.
The Products marketed by WI-PARIS are subject to the legal guarantees of the Consumer Code and the Civil Code, and more particularly Articles L.217-4 to L217-14 of the Consumer Code (guarantee of non-conformity) or Articles 1641 to 1649 of the Civil Code (guarantee of hidden defects).

A lack of conformity occurs when:

  • The property is unfit for the use usually expected of a similar good;
  • The property does not correspond to the description given by WI-PARIS;
  • The property does not have the qualities advertised by WI-PARIS. 

In case of non-conformity of the Products or application of the guarantee of hidden defects, the Customer must notify WI-PARIS of the defects of the Product, including a detailed explanation of the problem encountered.

If the complaint falls within the framework of the lack of conformity or a hidden defect, WI-PARIS may then, at the Customer's choice:

  • Either deliver a Product of equivalent quality and price, within the limits of available stocks.
  • Either refund the price of the Product Ordered within thirty (30) calendar days of receipt of the Product by WI-PARIS. This refund will be made to the Customer's bank account, the information of which will be provided by the Customer to WI-PARIS.

The Customer has a period of two (2) years from the Order to implement this guarantee.
The delivery costs of a new Product will be borne by WI-PARIS.
In case of implementation of the guarantee, the Customer must contact customer service at the e-mail address listed in these GTC.
WI-PARIS will then inform the Customer of the procedure to be followed for the return, and if necessary, the refund of the Product.

Article 8: Risks and Ownership

The Products are the property of WI-PARIS until full payment of the Order by the Customer.
The risks on the Products are transferred from WI-PARIS to the Customer upon signature of the delivery report of the Order by the Customer.

Article 9: Delivery

9.1. Delivery terms

The terms of delivery will be indicated on the Site and validated by the Customer when Ordering.

9.2.Shipping costs

The delivery costs will be indicated to the Customer before any payment and are invoiced in addition to the price indicated on the Site.
A free shipping offer may sometimes be offered for certain Products, and will be indicated on the Site with its practical modalities.
If the Order contains other Products not subject to this offer, delivery costs may be invoiced in proportion to the Products not subject to this offer, at the discretion of WI-PARIS.
Any Order of more than one hundred and fifty (150) euros all taxes included will benefit from free shipping costs.

9.3. Place of Delivery

The Site has no geographical limitation of delivery, Orders can be shipped worldwide.
Delivery costs vary according to the place of delivery, appear on the Site, and are indicated to the Customer before the Order.
The delivery will be made to the place indicated by the Customer at the time of his Order, who must ensure that he has not made an error in entering his place of delivery.
The Customer undertakes to provide factual information to enable the delivery of the Order.

9.4.Customs

In the event of delivery of a Product outside the territory of the European Union and in the DOM-TOM, the Customer declares himself the importer of the Product and accepts that in such a case WI-PARIS may be materially unable to communicate to him exact information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Any tax not indicated during the Order process may be charged to the Customer by the country concerned, having regard to the applicable legislation.

9.5.Delivery time

Except in cases of force majeure, WI-PARIS will make its best efforts to deliver the Products within the deadlines indicated during the Order.
This period does not take into account the preparation time of the Order.
In case of impossibility to respect this deadline due to the fault of the carrier, WI-PARIS can not however be held responsible for the delay.
WI-PARIS will make its best efforts to inform the Customer of any delay.
The Customer will be notified by WI-PARIS of the date of shipment, by email. 

When an Order contains several Products, they may have different delivery times, as follows:

  • If the Product is indicated in pre-order, it is necessary to take into account the longer manufacturing time of it, an approximate period being then indicated by WI-PARIS when ordering.
  • If in the same order, the Customer has selected available Products, Pre-order Products, all Products will be shipped at the same time, which may cause a longer delivery time. The Customer will be informed at the time of the Order. The Customer is invited to place several different Orders if he wishes to obtain the Products available first more quickly.

It is the Customer's responsibility to ensure that the Order can be received by himself or any person present at his delivery address.
In case of absence of the Customer on the date scheduled for delivery, and if the package is returned to WI-PARIS in case of non-withdrawal of it by the Customer, WI-PARIS may ask the Customer to pay the delivery costs if the latter wishes the Order to be returned to him.
A delivery is presumed to have been made as soon as the carrier's control system records the provision of the Order to the Customer (delivery against signature).

9.6.Refusal of parcel

The Customer or the person receiving the Order may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, Broken Product …). Any anomaly must then imperatively be indicated on the delivery note, in the form of handwritten reserves, accompanied by the signature of the Customer or the person receiving the Order. To exercise his right of refusal, the Customer or the person receiving the Order must open the damaged or defective package(s) in the presence of the carrier and make him take back the damaged goods, or at the latest return the package within seven (7) calendar days from delivery.
Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and WI-PARIS will not be required to accede to the Customer's request to exercise the right of refusal.
If the Customer's package is returned to WI-PARIS by post or by other postal service providers, WI-PARIS will contact the Customer upon receipt of the returned package to ask him the follow-up to his Order.
If the Customer has refused the package by mistake, he may request its return by paying in advance the postal costs for the new shipment. Postal costs must be paid, even for Orders whose shipping costs were offered at the time of the Order. 

9.7.Delivery or exchange error

In the event of a delivery or exchange error (if the right of withdrawal is applicable), any Product to be exchanged or refunded must be returned to WI-PARIS in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false maneuver of the Customer can not be attributed to WI-PARIS.

9.8.Late delivery

Any delay in delivery compared to the scheduled date, and except in case of force majeure, may result in the resolution of the sale at the initiative of the Customer, upon written request from him by registered letter with acknowledgment of receipt coupled with a sending by email to WI-PARIS customer service, which enjoins WI-PARIS to make the delivery within fifteen (15) days.
The Customer will then be reimbursed, at the latest within fourteen (14) days of the date on which the contract was terminated, of all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

9.9.Loss by the carrier

WI-PARIS cannot be held liable for indirect or immaterial damages and prejudices caused to the Customer, whatever the cause, related to the loss or damage of the shipment by the carrier, nor for the financial consequences, direct or indirect, resulting therefrom.

Article 10: Withdrawal

In accordance with Article L. 121-20 of the Consumer Code, the Customer has fourteen (14) clear days to exercise his right of withdrawal, without having to justify reasons or pay penalties, with the exception, if applicable, of return costs.
On a commercial basis, WI-PARIS extends this period to thirty (30) calendar days.
This period runs from the receipt of the Order.
The right of withdrawal can be exercised by the Customer by contacting WI-PARIS at the address [email protected] by completing the withdrawal form or by providing the same information in the email:

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the property below:

Ordered the ()/received the ( )

Consumer name:

Address of the consumer:

Date:

(*) Delete the unnecessary mention.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remain the responsibility of the Customer. It is up to the Customer to provide proof of his return, by sending the request by registered mail to the address of the warehouse;

Mr. SAINSILY

402 bât H res. guava trees

Dugazon

97139 Abyss

with acknowledgment of receipt coupled with an email to WI-PARIS customer service.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless expressly agreed by the Customer for WI-PARIS to use another payment method, and insofar as the refund does not incur any costs for the Customer.
WI-PARIS also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place.
By way of exception to the foregoing, and pursuant to the Article. L. 221-28 of the Consumer Code, the right of withdrawal does not apply to the supply of Products made to the consumer's specifications or clearly personalized and to the supply of Products that cannot be returned for reasons of hygiene or health protection.
WI-PARIS will inform the Customer if the right of withdrawal is not likely to apply to an Ordered Product, prior to the Order. The Customer will notify his agreement by ticking a box to this effect.

Article 11: Return of Products

This Article applies to the return of the Products in the event of withdrawal or exercise of legal guarantees by the Customer (conformity and / or hidden defects).
No Product purchased on the Site may be taken back in stands or ephemeral shops.
Returns of the Products are to be made in their original condition and complete (packaging, accessories, instructions …) so that they can be remarketed in new condition. They must not have been used, damaged, soiled or washed by the Customer.
They must be returned complete, with their sachets and/or labeled in appropriate packaging and accompanied by the return slip (to be completed online and printed by going to the Account).
If possible, they must be accompanied by a copy of the proof of purchase.
The transfer of risk will be made upon receipt of the Product by WI-PARIS, after verification of its condition and signature of the carrier's voucher.
The Customer must make the return by a solution allowing a tracking of the package.
The return costs are the responsibility of the Customer. The delivery costs invoiced at the time of shipment of the Order are refunded only in the context of the exercise of the right of withdrawal within thirty (30) days from the date of receipt of the package and only if the Customer returns the entirety of his Order.

The Products must be returned to the following address:

Mr. SAINSILY

402 bât H res. guava trees

Dugazon

97139 Abyss

GUADELOUPE

WI-PARIS cannot be held responsible for any loss or damage occurring during transport.

In the event of loss or damage during transport, the Customer must contact his carrier directly. If the items are not received at the warehouse, WI-PARIS will not be able to process the return.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
The Customer will be refunded the price of the Product within thirty (30) calendar days of receipt of the Product by WI-PARIS. This refund will be made to the Customer's bank account, the information of which will be provided by the Customer to WI-PARIS.

Article 12: Complaints

If necessary, the Customer may submit any complaint by contacting WI-PARIS at the following address: [email protected]
He must indicate his precise contact details and the reason for the complaint.
WI-PARIS will respond as soon as possible.

Article 13: Intellectual property rights

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights appearing on the Site are and remain the exclusive property of WI-PARIS or its partners who have duly authorized WI-PARIS to use them.

No assignment of intellectual property rights is made through these GTC. 

Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited, and could constitute an act of infringement, for which WI-PARIS could implement all the means at its disposal to defend its rights.

Article 14: Liability

Only direct damage caused to the Customer will be likely to engage the responsibility of WI-PARIS. No indirect damage will be likely to engage the responsibility of WI-PARIS.

This limitation of liability applies to any type of consequential damages, including but not limited to operating losses, loss of turnover, loss of orders, loss of profits, loss of data or other information, loss of goodwill, loss of expected savings, damage to image and reputation, loss of opportunity. 

WI-PARIS will also not be liable for damages caused by malware, viruses or any inaccuracy or omission of information, unless the damage results from a deliberate act or gross negligence on the part of WI-PARIS. 

In any case, and if the exclusions of liability of this Article do not apply, the liability of WI-PARIS vis-à-vis the Customer for damage is strictly limited to the amount of the Order source of the damage.

Article 15: Force majeure

The fulfilment of the obligations of the seller at the end of the present is suspended in the event of a fortuitous case or force majeure which would prevent its execution.
WI-PARIS will notify the Customer of the occurrence of such an event as soon as possible.
For the purposes of these GTC, force majeure is understood as any unforeseeable, irresistible event external to the Parties within the meaning of French law and jurisprudence.
In the event of the occurrence of a case of force majeure, WI-PARIS will make its best efforts to resume the performance of its obligations as soon as possible.
If force majeure remains, WI-PARIS may terminate its obligations to the Customer, reimburse him, without incurring his liability.

Article 16: Protection of personal data

As part of the provision of the Site and the provision of Orders, WI-PARIS may collect and process Personal Data.

This collection and processing is governed by the Privacy Policy, accessible at the following address: https://wi-paris.com/confidentialite.

Article 17: Mediation

In accordance with the provisions of Articles L612-1 et seq. of the Consumer Code, the Customer has the possibility, in the event of a dispute with WI-PARIS, to use Medicys' mediation service free of charge: https://conso.medicys.fr

  • electronically: [email protected]
  • or by post: Medicys, 73 boulevard de Clichy, 75009 Paris

Alternatively, in the context of a dispute between the parties and following a failure of a written complaint by the Customer to customer service or in the absence of a response from this service within a reasonable period of one (1) month, the Customer, consumer, may resort to any alternative dispute resolution method and in particular to a mediation procedure by accessing the European online dispute resolution platform at the following address:  https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR who will try, independently and impartially, to reach an amicable resolution of the dispute. 

The Client remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.

Article 18: Applicable law and disputes

The GTC are governed by French law.

Any dispute relating to the execution or interpretation of these GTC, not resolved amicably between the Parties, will be submitted to the competent court of the seat of WI-PARIS, including in matters of summary proceedings, a warranty appeal or a plurality of defendants, and regardless of the country of origin of the Customer.

Article 19: General

19.1. Compliance with legislation

WI-PARIS makes the Site available and supplies the Products in compliance with French regulations. 

The Customer must be aware of local and national laws to ensure that he can use the Site.

19.2. Entire Agreement

These GTC prevail over any other stipulation potentially applicable to the relationship between WI-PARIS and the Customer. These GTC cancel and replace any prior commitment of the Parties relating to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.

19.3. exclusivity

No exclusivity is concluded between the Parties by the acceptance of these GTC. The Parties remain free to contract with third parties of their choice.

19.4. Survival of certain stipulations

The end of these GTC, for any reason whatsoever, shall not be valid for clauses whose nature or content requires their maintenance. 

19.5. Partial invalidity

If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, they will be deemed unwritten the other stipulations will retain all their force and scope.

19.6. Non-waiver and tolerance

The fact that WI-PARIS does not rely on a breach of any of the obligations referred to in these GTC with the Customer cannot be interpreted for the future as a waiver of the obligation in question and does not have the effect of granting the Customer acquired rights.
A defect or delay in the exercise of a right by WI-PARIS cannot be interpreted as a waiver of this right.

19.7. Independence

Neither Party may make a commitment in the name and/or on behalf of the other. In addition, each Party remains solely responsible for its acts, allegations, commitments, service, products and personnel.

19.8. Evidence

The Parties agree that all electronic communications, including e-mail, shall demonstrate among themselves.
In particular, the Customer acknowledges the evidentiary value of WI-PARIS' automatic registration systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.