SCOPE OF APPLICATION
These terms and conditions apply to all uses of the Wanted Store website by natural or legal persons who are of legal age and/or legally capable.
This document applies, without restriction or reservation, to all sales concluded between the Parties in France and abroad. No particular condition may, except by express written agreement signed by both the Customer and the Seller, take precedence over these General Terms and Conditions of Sale and Use. If any clause of these general terms and conditions of sale is found to be null and void, the other clauses shall remain in full force and effect.
Any use of the Site implies that the User has read and agreed to these terms and conditions. Prior to confirming any order, the User must acknowledge having read and accepted the General Terms and Conditions of Sale and Use (T&Cs). No handwritten signature shall be required for this purpose. In any event, the T&Cs are accessible at all times from the Site. The Seller reserves the right to amend these terms and conditions in order to adapt them to the sales methods and operation of the Site and its Products.
Definitions
Customer: Any natural or legal person who holds a personal account on the Site.
Site: The Wanted Store e-commerce platform.
Seller: The professional supplier of products or services available for sale on the Site.
Product: Any item listed for sale on the Site and included in the catalogue.
User: Any person who visits the Site and/or requests the creation of a personal account.
Identification of the Seller and the Site
The sole trader Royal Agency is registered at 26 rond point des petits bois.
The Seller can be contacted:
By email at the following address: contact@royal-agency.fr
By post at the following address: 26 rond point des petits bois
The Wanted Store website is published by Royal Agency and hosted by O2Switch.
Purpose
The Seller operates an activity selling home goods and tableware products.
The Seller does not manufacture the products and acts solely as a reseller. In the course of its activity, the Seller may engage external professionals for the production, packaging and storage of products, which the Customer acknowledges and accepts.
In the course of providing its services, the Service Provider may engage external professionals, which the Customer accepts and acknowledges.
Pricing
Prices are freely set by the Seller. Prices in effect are those applicable on the date the order is placed, as communicated by the Seller. Additional charges or surcharges may apply depending on the nature of the Product, the Customer’s requirements, the chosen delivery method or other specific circumstances.
In any event, the total amount is communicated to the Customer before order confirmation and payment. Where applicable, any surcharges shall be expressly specified to the Customer. Prices are displayed in Euros (EUR) and are inclusive of all applicable taxes (VAT included).
No prior notice is required for the application of late payment penalties, which apply automatically from the first day of payment default. The amount of penalties is calculated by applying three times the applicable statutory interest rate to the outstanding sums. In addition, a fixed recovery fee of EUR 40 shall apply pursuant to Article D 441-5 of the French Commercial Code.
Payment Methods
The Customer selects their payment method at checkout and may pay by:
– Stripe
– Apple Pay
Products and Orders
Products
Products are those listed in the Seller’s catalogue or those proposed by the Seller to the Customer based on the Customer’s request and needs.
Purchases and Orders
Any purchase or order of one or more Product(s) by a Customer is processed upon request and subject to availability of the requested reference(s).
All requests must be submitted by the Customer:
– Via the website
Delivery
Delivery takes place in accordance with what was indicated and/or selected by the Customer at the time of placing the order.
The Seller will provide all information relating to the tracking of the shipment as soon as the order has been dispatched. The Seller undertakes to meet the announced delivery times. Any delay in the preparation and dispatch of the order will be notified to the Customer by email, telephone or SMS.
Delivery takes place in accordance with what was indicated to or selected by the Customer at the time of placing the order. Products are dispatched by a third party who will provide the Seller with all tracking information as soon as the order has been shipped. Upon receipt of this information, the Seller will forward it to the Customer. The Seller undertakes to meet the announced delivery times. Any delay in the preparation and dispatch of the order will be notified to the Customer by email, telephone or SMS.
Cancellations, Returns and Product Warranty
The Customer may cancel their order within 1 hour of confirming it, provided the order has not yet been handed over or dispatched.
The Customer may return the order in part or in full:
– Provided the product(s) have not been unwrapped and/or used.
The Customer has a period of 14 days from receipt of the order to request a return.
Return shipping costs are the Customer’s responsibility and must be arranged within 14 days.
All returns must be submitted to and accepted by the Seller prior to dispatch.
Regarding Product warranties, the applicable French and European legal and regulatory provisions governing sales to consumers shall apply.
Right of Withdrawal and Cooling-Off Period
In accordance with the French Consumer Code, individual Customers have a 14-day cooling-off period to exercise their right of withdrawal from the conclusion of a distance selling contract. This right also applies to sale items, second-hand goods and clearance stock. The right of withdrawal only applies provided the Customer has not used the ordered Products. Any Product that has been unwrapped, damaged or used by the Customer shall not be eligible for the right of withdrawal. Exercising the right of withdrawal after the ordered Product(s) have been dispatched will require the Customer to return the goods to the Seller at the Customer’s own expense. The same applies to outbound shipping costs if the order has already been dispatched and/or received.
To exercise their right of withdrawal, the individual Customer must send a written declaration by post or electronically to the contact details provided above in these T&Cs, before the expiry of the 14-day period.
The Seller makes available to its Customers a withdrawal form template worded as follows:
« To the attention of Wanted Store,
Ordered on / received on: XXX
Consumer’s name: XXX
Consumer’s address: XXX
Date: XXX
Consumer’s signature: XXX »
The Seller will process the refund within 14 days from the date on which the Customer exercised their right of withdrawal and following receipt of the returned Products if they had already been dispatched. The refund will be made using the same payment method as that used by the Customer for the initial transaction.
Liability
The Seller’s liability shall not under any circumstances extend to direct or indirect consequences, whether to persons or property, of a malfunction of a product sold, subject to mandatory public order legal provisions. The Seller’s liability is strictly limited to the amounts of the Products sold. The Seller’s liability cannot be engaged in the event of the Customer’s failure to comply with these T&Cs. Liability shall not be engaged in the event of misuse of the purchased Product(s), any modification to the functionality or intended use of the Product(s), or any cause beyond the Seller’s control. Any delivery delay resulting from a cause external to the Seller and beyond their control shall not be attributable to the Seller.
For any claim brought by the Customer against the Seller concerning the manufacturing, packaging or storage of Product(s) (except those stored by the Seller), a warranty claim or intervention against the relevant manufacturer(s), supplier(s) or other party shall be initiated.
Intellectual Property
In accordance with Article L122-4 of the French Intellectual Property Code, «any total or partial representation or reproduction made without the consent of the author or their successors in title is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process whatsoever». The Customer holds only a right of use for the Products, their content and all elements whether visual or audio, texts, layouts, illustrations, photographs, documents and all elements that may be made available, in accordance with their intended use, instructions, user guide and applicable legal and regulatory provisions.
The Seller retains all copyright and industrial and intellectual property rights relating to the brand, products, designs, models, photographs, catalogues and technical documentation, which may not be copied, reproduced or reused without prior written authorisation.
Resale is strictly prohibited.
Failure to comply with these provisions may result in legal proceedings.
Personal Data Protection
In accordance with French Law No. 78-17 of 6 January 1978 and the provisions of the General Data Protection Regulation (GDPR) No. 2016/679, the Customer has the right to query, access, modify, object to and rectify their personal data by contacting the Seller:
By email at the following address: contact@wanted-store.fr
By post at the following address: 26 rond point des petits bois 27950 La Chapelle Longueville
Force Majeure
The Seller’s liability cannot be engaged if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a force majeure event within the meaning of Article 1218 of the French Civil Code.
Applicable Law and Jurisdiction
These terms and conditions are governed by French law. Disputes shall be governed by French law and submitted to the jurisdiction of the competent French courts in the event of any dispute or litigation arising between the Parties.
Terms and Conditions of Use of the Site
Users
Each User undertakes to make appropriate use of the Site, to provide accurate information regarding their organisation, contact details and all information communicated when registering.
Customers
Each Customer undertakes to keep their data up to date whenever they use it on the Site. They also undertake not to engage in unlawful or illegal activities, not to distribute content or propaganda contrary to public decency, good faith or public order.
Registration Process
Each User must provide the information requested by the Site when creating an account, namely:
– Last name
– First name
– Postal address
– Email address
– Phone number
The User will create a personal and unique password at this stage. The Customer must accept these general terms and conditions of sale and use, which can be downloaded at any time. Upon validation of the account creation, a confirmation email will be sent to the address provided.
Order Process
Every order requires the prior creation of a personal account or login to an existing account, where applicable. The Customer will have access to all information about the Products, their description and reference, prior to any order confirmation. The order process is as follows:
– Selection of one or more available Product(s) from the Site and addition of the product(s) to the online shopping basket,
– After selection and before confirming the order, the Customer can view their basket and a summary of the selected Product(s), the unit price of each item, any applicable shipping costs and the total amount. They may add or remove items.
– The Customer then enters their delivery information and selects their preferred payment method.
– The order is confirmed once payment has been accepted. The Customer then receives all information relating to the order confirmation.
The Customer has access to all legal information contained in the general terms and conditions of sale and use (which may be consulted or downloaded at any time) and in the order confirmation email (which may be printed at any time).
Liability Relating to the Use of the Site
The Site shall not be held liable for damage and losses of any nature that may result from errors or omissions in content, unavailability of the Site, or the transmission of viruses, malicious or harmful programmes, despite the fact that all technological measures aimed at preventing such issues have been implemented. The Site disclaims all liability in respect of any consequences arising from a User accessing the Site via an unsecured and/or faulty internet connection.
Appendix
Article L217-5 of the French Consumer Code (as per French law):
«A product conforms to the contract: 1° If it is fit for the purpose usually expected of a similar product and, where applicable: if it corresponds to the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer may legitimately expect having regard to the public declarations made by the seller, the producer or their representative, in particular in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.»
Article L127-6 of the French Consumer Code (as per French law):
«The seller is not bound by the public declarations of the producer or their representative if it is established that they were unaware of them and were not legitimately in a position to know them.»
Article L127-7 of the French Consumer Code (as per French law):
«Non-conformities which appear within twenty-four months from the delivery of the product are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the product or the alleged non-conformity.»
Article L127-8 of the French Consumer Code (as per French law):
«The buyer is entitled to demand that the product conforms to the contract. However, the buyer may not contest conformity by invoking a defect that they were aware of or could not have been unaware of when contracting. The same applies when the defect originates from materials supplied by the buyer.»
Article L127-9 of the French Consumer Code (as per French law):
«In the event of a non-conformity, the buyer may choose between repair and replacement of the product. However, the seller may not proceed according to the buyer’s choice if that choice entails a cost that is manifestly disproportionate relative to the other option, taking into account the value of the product or the extent of the defect. The seller is then required to proceed, unless impossible, with the option not chosen by the buyer.»
Article L127-10 of the French Consumer Code (as per French law):
«If repair and replacement of the product are both impossible, the buyer may return the product and receive a refund of the price, or keep the product and receive a partial refund. The same option is available: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s claim; 2° Or if this solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the product and the use they are seeking. However, rescission of the sale may not be pronounced if the non-conformity is minor.»
Article L127-11 of the French Consumer Code (as per French law):
«The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These provisions do not preclude the award of damages.»
Article L127-12 of the French Consumer Code (as per French law):
«The action arising from a non-conformity is time-barred after two years from the delivery of the product.»
Article L127-13 of the French Consumer Code (as per French law):
«The provisions of this section do not deprive the buyer of the right to bring the action arising from latent defects as set out in Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or non-contractual nature recognised by law.»
Article L127-14 of the French Consumer Code (as per French law):
«The right of recourse may be exercised by the final seller against successive sellers or intermediaries and against the manufacturer of the tangible movable property, in accordance with the principles of the Civil Code.»
Article L127-15 of the French Consumer Code (as per French law):
«A commercial warranty means any contractual commitment given by a professional to a consumer with a view to reimbursing the purchase price, replacing or repairing the product, or providing any other service in connection with the product, in addition to their legal obligations to guarantee conformity of the product. A commercial warranty is the subject of a written contract, a copy of which is handed to the buyer. The contract specifies the content of the warranty, the terms of its implementation, its price, duration, territorial scope, and the name and address of the guarantor. In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal conformity warranty referred to in Articles L. 217-4 to L. 217-12 and the warranty against defects of the thing sold under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to invoke it.»
Contract
The sole trader Royal Agency, established in La Chapelle Longueville, with SIRET number 981 833 866 000 16.
The Seller operates an activity selling home goods and tableware products.
Purpose
The purpose of this Contract is to define the terms and conditions of production, sale and delivery of the Seller’s Products to the Customer.
The Seller may engage external professionals, which the Customer accepts and acknowledges.
Order Terms
Any request may be submitted by the Customer:
– Via the website
The order will be dispatched by the Seller to the Customer’s address from the date of purchase of the Product.
The Customer may return the order in part or in full:
– Provided the product(s) have not been unwrapped and/or used.
The Customer has a period of 14 days from receipt of the order to request a return.
All returns must be submitted to and accepted by the Seller prior to dispatch.
Return shipping costs are the Customer’s responsibility and must be arranged within 14 days.
Regarding Product warranties, the applicable French and European legal and regulatory provisions governing sales to consumers shall apply.
Pricing and Payment Terms
In consideration of the Product(s) which are the subject of this Contract, the Customer shall owe the amount corresponding to the purchased product. Said amount shall be payable upon receipt of the invoice.
Payment must be made by:
– Stripe
– Apple Pay
– Paypal
No early payment discount will be granted. No prior notice is required for the application of late payment penalties, which apply automatically from the 31st day following the invoice date. The amount of penalties is calculated by applying the applicable statutory interest rate to the outstanding sums. In addition, a fixed recovery fee of EUR 40 shall apply pursuant to Article D441-5 of the French Commercial Code.
Rights, Obligations and Commitments of the Parties
The Parties undertake to carry out their respective tasks in accordance with best professional standards and to comply fully with the provisions of this Contract.
The Seller undertakes to honour its commitments, fulfil the order(s), meet the announced timeframes and notify the Customer without delay of any delay or anomaly identified. The Seller undertakes to ensure optimal quality of its Products. The Seller accepts liability for Products sold to the Customer within the limits of applicable legal and regulatory provisions, and limited to the amounts of the Products Sold. However, the Seller shall under no circumstances be held liable for any damage or incident arising from use of the Products that is not in accordance with their intended purpose, or from improper storage conditions. The Seller’s liability cannot be engaged in the event of modification of the Products by the Customer or a third party. The Customer’s liability may be engaged if the damage or incident is attributable to their own actions or in the case of shared liability.
For any claim brought by the Customer against the Seller concerning the manufacturing, packaging or storage of Product(s) (except those stored by the Seller), a warranty claim or intervention against the relevant manufacturer(s), supplier(s) or other party shall be initiated.
The Customer, for their part, undertakes to settle the order(s) in accordance with the provisions set out above. They undertake to use the Product(s) in accordance with their intended purpose and to inform the Seller without delay of any anomaly or defect identified.
Intellectual Property and Exploitation Rights
In accordance with Article L122-4 of the French Intellectual Property Code, «any total or partial representation or reproduction made without the consent of the author or their successors in title is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process whatsoever».
The Customer acknowledges holding only a right of use for the Product(s) delivered by the Seller, their content and all elements, whether visual or audio, texts, layouts, illustrations, photographs, documents and all elements made available in the context of this Contract. The Service Provider retains all copyright and intellectual and industrial property rights relating to brands, models, designs, photographs, catalogues and documentation. Any translation, adaptation, transformation, reproduction or modification without the Seller’s consent is strictly prohibited and may result in legal proceedings.
