Terms and Conditions
The present “Terms and Conditions of Sale” apply to legal operations in connection with products marketed by WINSHIP SARL to its clients on its virtual boutique.
The following words or phrases shall have the following meanings hereunder:
Internet Boutique: shall designate ‘s Internet site on which the Products are presented and sold to clients.
Sales Order : refers to the sales contract concluded between WINSHIP SARL and the client of the Internet Boutique of WINSHIP SARL.
Product Index Card : shall designate all existing information pertaining to a product furnished by at the time said product is marketed on the Internet Boutique.
Products : shall designate all goods and services sold by WINSHIP SARL on its Internet Boutique.
Service : shall designate the selling of Products by WINSHIP SARL to clients of its Internet Boutique.
Transaction: shall mean all operations, secure processing, authorizations and agreements related to the payment of the price of Products ordered by credit card.
ARTICLE 1 – PURPOSE
The purpose of the present Terms and Conditions is to define the terms and conditions under which WINSHIP SARL offers and sells Products to its clients.
These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless previously waived in writing.
ARTICLE 2 – ACCEPTANCE OF THE CONDITIONS
The client acknowledges having read and understood the present General Terms and Conditions of Sale at the time of placing the Sales Order and expressly declares that he or she fully accepts them.
The present general conditions of sale govern the contractual relations between WINSHIP SARL and its customer, both parties accepting them without reserve.
ARTICLE 3 – PRODUCTS
The majority of the products offered by WINSHIP SARL to its customers are immediately available.
However, not all products marketed by WINSHIP SARL may or may not be available for purchase online.
ARTICLE 4 – ORDERING
The automatic recording systems are considered as proof of the nature, content and date of the Order.
WINSHIP SARL will confirm the acceptance of the Sales Order by sending a confirmation message to the client’s e-mail address. The sale will be concluded only after the sending of the said order confirmation.
WINSHIP SARL reserves the right to refuse or cancel any Sales Order placed by a client in the event of the client’s insolvency or in the event of non-payment of the Sales Order in question, or in the event of a dispute concerning the payment of a previous order.
The client is exclusively responsible for any information that he or she provides when making the Sales Order. WINSHIP SARL shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product ordered.
ARTICLE 5 – DELIVERY
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered, WINSHIP SARL will ship the Product(s) to the client within 8 working days.
All Products set out in the Sales Order transmitted to are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If applicable, the customer agrees to pay upon receipt, all taxes, duties, levies and other charges due for the delivery of the said products themselves; WINSHIP SARL shall not be held jointly and severally liable for any such charges.
The client or the recipient of the Product(s) agrees not to resell said Product(s), in whole or in part.
The delivery will be made by La Poste Suivi or Colissimo according to our convenience.
Our delivery rates are available by clicking on http://www.annabelwinship-shop.com/mag/fr/contact.php; in the left column of our site
In the event of a delay in delivery exceeding seven (7) days, the Customer may, if he so wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days from the delivery date initially provided for in the contract.
Upon receipt of the Products ordered, the client or recipient shall verify the proper functioning of the goods delivered and shall take note of the conditions of use indicated in the instructions for use.
In the event that one or more Products ordered are missing or damaged, the client or recipient must notify the carrier of this fact at the time of delivery.
In case of apparent defects, the customer has the right to return the goods under the conditions set out in the instructions for use.
Due to the availability of the Products ordered, an Order may be shipped to the client in successive segments.
In the event that the client wishes to have the Product(s) ordered delivered to two distinct addresses, two separate Sales Orders must be placed.
ARTICLE 6 – WITHDRAWAL
The customer has 14 days from the reception of the ordered Products to return them to WINSHIP SARL for exchange or refund. In this case, the client will have to send back the new Products, intact, with all the possible accessories, user’s manuals and documentations to the following address
24 rue des Vinaigriers
In the event of exercising the right of withdrawal, WINSHIP SARL undertakes to reimburse the sums paid by the customer, free of charge, with the exception of the cost of return.
The refund is due within a maximum of 14 days.
ARTICLE 7 – PRICES
The price is expressed in euro.
The price indicated on the product sheets does not include the inherent costs of transport.
The price indicated in the Order confirmation is the final price, including all taxes and including VAT. This price includes the price of the Products, the handling, packaging and storage costs of the Products, the shipping costs and the commissioning costs.
ARTICLE 8 – PAYMENT
The price invoiced to the client is the price indicated on the Sales Order confirmation sent by WINSHIP SARL.
The price of the Products is payable in cash by one of the means of payment proposed on the site the day of the effective order.
The Sales Order validated by the client will only be considered effective once the secure payment center has given its approval of the transaction and, if necessary, once the insurer has accepted responsibility for the risk.
ARTICLE 9 – APPLICABLE LAW
The present general conditions of sale are subject to French law.
ARTICLE 10 – LIABILITY
WINSHIP SARL shall not be held liable for any damages of any kind, be it material or immaterial or bodily, that may result from improper functioning or use of the Products sold.
The responsibility of WINSHIP SARL will, in any case, be limited to the amount of the order. In case of difficulties in the application of this contract, the customer and WINSHIP SARL reserve the possibility, before any legal action, to seek an amicable solution.
Otherwise, for professional customers, the Commercial Court of Nanterre is solely competent, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 – WARRANTY
In all cases WINSHIP SARL cannot be held responsible for the non-respect of the regulatory and legislative provisions in force in the country of reception. The liability of the WINSHIP SARL is systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the brand name or Product manufacturer.
The customer can contact the customer service by phone 01 71 37 60 46 or by email at firstname.lastname@example.org.
Answer: 48 hours.
ARTICLE 12 – LEGAL INFORMATION
The personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide such information shall result in the non-validation of the Order.
In accordance with the law “Informatique et Libertés”, the processing of personal information relating to customers has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).
The client has the right to access, modify, rectify or cancel any information concerning him/her (article 34 of the French law of January 6th 1978). Furthermore, WINSHIP SARL undertakes not to communicate, free of charge or with consideration, the contact details of its customers to a third party.