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General terms and conditions and legal notices

Commercial terms and any specific terms related to the WIX.com host

Last revision: 09/24/2022

 

These conditions,

 (1) This wolffpipes.com website and/or the services, including any mobile applications connected to it (collectively the "Services") and any offer or sale of products (the "Products", "the article"...) through the Site, are owned and operated by Christophe WOLFF Auto-entrepreneur (hereinafter also referred to as "  us", " our” or “our”). These Terms of Business (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or Services and purchase Products.

(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms and agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing any Products. In these Conditions, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.

(4) This site is published by Christophe WOLFF, 23 rue de la Liberation 57870 TROISFONTAINES SIRET 493 177 752 00026, VAT exemption.

The publication director is Christophe WOLFF.

You can contact us :

 

This site is hosted by Wix.com

These Terms are provided in the French language.  In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

To use our Site and/or benefit from our Services, you must be at least 18 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms. as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.

In addition, before placing and confirming an order, you must read and agree to these Terms.

You can download and print these Terms.



1. Access to the site and customer obligations

Access to this site is open and free, but remains prohibited for any natural person under the age of 18. By placing an order, the visitor to this site becomes a customer and therefore must have the legal capacity. As the age of majority is not the same in each country, each visitor and/or client of this site should comply with the laws of his country of residence.

2. Products and Compliance

The purpose of Christophe WOLFF's website, wolffpipes, is to sell pipes and smoking accessories online. Their manufacture involving natural raw materials in their process, the accuracy of the data communicated on this site may be subject to variations and this despite the greatest care taken by Christophe WOLFF in their transcriptions. More generally, it is possible that errors may be present on this site, which the customer acknowledges and accepts. If such were the case and that the ordered object does not correspond to the expectations of the customer, this one will be able to exercise his right of withdrawal of 7 days after delivery in accordance with the legislation. The express condition for obtaining a refund is that the object will not have been used. Return shipping costs will be the responsibility of the customer.

 

3. Liability

 

Christophe WOLFF will not be held responsible for the good or bad use and/or maintenance of the product, also for any consequences that may result. Christophe WOLFF particularly requests the customer's attention concerning the sole and exclusive responsibility of the latter (the customer) as to the possession and use of the products which have been ordered on this site, their potential danger and above all, on the physical and/or material damage that these could cause, by leaving access to a minor, for example, by causing a fire, suffocation... list by way of example and by no means exhaustive.

 

4. Member Account Specific Terms Related to WIX.com Host


(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.


(2) If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence, by failing to take reasonable care to safeguard your login credentials.

 

(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.


(4) We may terminate or temporarily or permanently suspend your access to your Member Account without liability, in order to protect ourselves, our Site and our Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.

 



5. Order

Any order will only be validated after receipt and acceptance of payment. The products remain the property of Christophe WOLFF until full payment. Availability is subject to available stock. Normally, if the product is available for reservation on the site, it is therefore eligible for ordering. However, in the event of a break, Christophe WOLFF undertakes to notify the customer as soon as possible and by e-mail. The order will be canceled and fully refunded.

Christophe WOLFF reserves the right to cancel or refuse an order from a customer who has already had a dispute during a previous order. In this case, an email will be sent to inform the customer.

 

5.1 Purchase of Products, specific conditions related to the WIX.com host

  1. Any purchase of Products is subject to the Terms applicable at the time of such purchase.

 

(2) When purchasing a Product: (i) it is your responsibility to read the complete list of items before committing to purchase them; and (ii) placing an order on the site (by completing the payment procedure by pressing the "Buy" button or a similar button) may lead to a legally binding contract for the purchase of the relevant Product, unless otherwise specified otherwise in these Terms.

 

(3) You can choose from our selection of Products and place the products you intend to purchase in a basket by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have previously purchased. During checkout, you will be presented with a summary of all the Products that you have placed in your basket. This summary includes the essential characteristics of each product as well as the total price of all the products, the applicable value added tax (VAT) and the shipping costs, as the case may be. The payment page also gives you the opportunity to check and, if necessary, modify or withdraw Products, or modify quantities. If necessary, you can also identify and correct input errors using the edit function before making your order definitively binding. Any delivery time stated applies from receipt of your payment of the purchase price. By pressing the "Buy" button, you place a firm order to purchase the advertised Products at the price and with the shipping costs indicated. To complete the ordering process by clicking the "Buy Now" button, you must first accept these Terms as legally binding for your order by ticking the relevant box.

 

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarized again and which you can print out or save using the corresponding function. Please note that this is an automated message that only documents that we have received your order. It does not indicate that we accept your order.

 

(5) The legally binding contract for the purchase of the Products is only concluded when we send you a notice of acceptance by e-mail or when we deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is started immediately after your order has been submitted (for example, a money transfer electronic, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the "Buy" button.

 

(6) You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your card thus stored by its last four digits.

 


6. Price

The prices of each product are net, excluding tax (VAT not applicable art 293B of the CGI), in euros and excluding shipping costs. They are those applicable at the time of the order and will be invoiced on this basis. Apart from any order, prices may be revised without justification or notice. Shipping costs will be charged according to the destination, France, Europe or International. However, a flat rate and simplification can be applied and clearly indicated when ordering. This package covers all shipping costs.

The total price of the order is indicated in the basket and the shipping costs are calculated at the time of the payment procedure.

The customer acknowledges that he is considered the official importer and that he may, depending on the country, pay any customs duties which will be the responsibility of the recipient. These rights do not come under the responsibility of Christophe WOLFF, the customer makes it his business.


7. Method of payment

Payment by PayPal or credit card:
The Customer can choose to pay for his order through the PayPal system using his PayPal account or by bank card (Stripe) without having to create a PayPal account. The Customer can then carry out a transaction, according to the conditions and security standards provided specific to PayPal or Stripe.

 

Payment by bank transfer :
The Customer can request by message (email) the reservation of an article in order to pay for his purchases by bank transfer. After receipt and acceptance by Christophe Wolff of this request, the item will be reserved  and blocked for sale on the site, then the IBAN of the Crédit Mutuel professional account of Christophe WOLFF will be transmitted in return . The reservation is not possible directly on the site with this method of payment, the article remains available for sale until receipt of the email. There is therefore a risk that it will be purchased by another customer during this time.
By choosing payment by bank transfer, the item - after sending the return email accompanied by the IBAN - is reserved for 48 hours, during which time the customer is asked to send proof of his bank transfer by email. The order will only be validated and shipped after receipt of payment. Beyond 48 hours, without receipt of the proof of transfer email, the order will be considered abandoned by the customer and the item put back on sale on the site.


The data recorded and kept by Christophe WOLFF and/or the site administrator constitutes proof of the order and of all past transactions. The data recorded by the payment system constitutes proof of financial transactions.

8. Delivery

Orders are prepared and shipped within two working days after receipt of payment. Any order placed from Friday to Sunday evening will be processed the following Monday or Tuesday. During a holiday period, orders are possible, but shipments will only be made when business resumes. If this is the case, an information and warning note will be clearly visible on the site.

The customer must ensure that he has communicated the exact information concerning the delivery address when ordering.
Shipments in France are made by Colissimo with tracking, value insurance and signature or by carrier with a Relay Point, value insured, at the customer's choice. The price of the shipping costs will be calculated according to this choice and can be fixed. The amount of the latter is clearly indicated and added during the payment procedure. Delivery will be made in 48h to 72h, but this period is purely informative and cannot be guaranteed.
All shipments outside France to a country not served by Relay Points are made with tracking number and  reception against signature.
As soon as your order is handed over to the carrier, Christophe WOLFF cannot be held  responsible for delivery times which may be long or irregular, or for any deterioration of the products during transport.
Exceeding delivery times cannot give rise to deductions, damages or cancellation of an order in progress.
If your order has not been delivered within 30 days after shipment, and after finding the loss of the package, we offer to refund you. This can only be done after opening an investigation with the carrier who will confirm or not the loss of the package. Parcel search times can take up to 60 days.

In the event of damaged packages, the customer agrees to notify the carrier, the Relay Point and Christophe WOLFF, via the contact form, of his reservations within 3 days of receipt of the package.

9. Right of withdrawal, refund and warranty

The Customer has a right of withdrawal, which he can exercise without reason, within seven (7) days of delivery of the order. The return will be made by the customer and at his expense, as well as under his responsibility. The customer is responsible for any damage caused during the return transport, he is free to take out value insurance with the transport provider. Returned products must be in their original packaging, unused, in the condition in which he received them, and accompanied by all their accessories.
Reimbursement of products in the event of returns after withdrawal will be made by  Christophe WOLFF within a maximum period of 30 days after receipt of the returned products. It will be made by the method of payment chosen by the customer.

The legal warranty applicable on new products is 1 year from the date of receipt and on second-hand products (Estate), it is 30 days from the date of receipt.

10. Intellectual Property

The content of the wolffpipes website is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content without the prior written authorization of Christophe WOLFF is strictly prohibited and could be considered as an offense of counterfeiting.

 

11.1 Intellectual property specific terms related to the WIX.com host

 

(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.

 

(2) If the Products include digital content such as music or video, you are granted the rights specified for such content on the Site.

 

11.2 Exclusion of warranty for the use of the Site and Services specific conditions related to the host WIX.com


The Services, Our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for the Products you have purchased from us, as referred to in the “Product Warranty” section above, shall not be affected.

 

11.3_Compensation_specific_conditions_related to the WIX.com host
 

You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault .

 

11.4_Limitation of liability specific conditions related to the WIX.com host

 

  1. To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of revenue, profits, customers, data, contracts, and any loss or damage resulting from or related to,  business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) use, inability to use or results of use of this site, (iii) any website linked to this Site or the materials on such linked websites.

 

  1. We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code. 

 

 

11.5 Modification of the Terms or Services; termination specific conditions related to the WIX.com host


(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore consult them regularly. If we change these Terms materially, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.

 

  1. We may modify the Services, stop providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.

 

11.6 Links to third party sites specific terms related to the WIX.com host

 

The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.

 


12. Computing and Freedoms

In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.

 

 

13.  APPLICABLE LAW – JURISDICTION

 

These General Conditions of Sale are drawn up, executed and interpreted in accordance with French law. Any question not addressed in these clauses will be dealt with in accordance with French law. Any dispute must be subject to a prior attempt at amicable settlement. In the absence of an amicable settlement, jurisdiction is attributed to the Commercial Court of Strasbourg or Metz

LEGAL NOTICE

Company WOLFF PIPES

Christopher Wolff

23 Liberation Street

57870 Troisfontaines

FRANCE

SIREN/SIRET 493 177 752 00026

VAT not applicable, article 293 B of the CGI

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