General conditions of sale
These terms and conditions of sale are entered into on the one hand by WINAWEIGHT, whose registered office is located at 5 rue de l'international, 91000 Evry, registered with the Trade and Companies Register of EVRY under number 9149737758, hereinafter referred to as "WINAWEIGHT" and managing the website WWW.WINAWEIGHT.FR, and, on the other hand, by any natural or legal person wishing to make a purchase via the website WWW.WINAWEIGHT.FR, hereinafter referred to as "the buyer".
Article 1: Preamble
Buyer: refers to any user who purchases a Product through the Site.
Order: refers to the process by which the Customer selects the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered, the delivery options, and has paid the amount due. Once finalized, the Order is processed by WINAWEIGHT , which will ship the ordered Products in accordance with these Terms and Conditions.
Contract: refers to these General Terms and Conditions and any specific conditions applicable to certain promotional offers. Therefore, the Customer waives the right to rely on any conflicting document that might contradict the Contract, and which would consequently be unenforceable against WINAWEIGHT.
Personal data: refers to all personal information relating to the Client (natural person) provided by him/her during the Ordering process.
Parties: refers jointly to WINAWEIGHT and the Users of the Site.
Products: refers to the products available for sale on the Site.
User: refers to any natural or legal person accessing the Site, whether they are a Client or not.
Article 2: Acceptance of Conditions
These terms and conditions of sale aim to define the contractual relationship between WINAWEIGHT and the buyer, and the conditions applicable to any purchase made through the website WWW.WINAWEIGHT.FR. Purchasing a product through this website implies the buyer's unreserved acceptance of these terms and conditions of sale, which the buyer acknowledges having read prior to placing their order. Before any transaction, the buyer declares, firstly, that the purchase of products on the website WWW.WINAWEIGHT.FR is unrelated to their professional activity and is limited to strictly personal use, and secondly, that they have full legal capacity to enter into this agreement under these terms and conditions of sale.
WINAWEIGHT reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its website. Therefore, the applicable terms and conditions will be those in effect on the date the order is placed by the buyer.
Article 3: Product Characteristics
The products offered are those listed on the WINAWEIGHT website, WWW.WINAWEIGHT.FR, subject to availability. WINAWEIGHT reserves the right to modify its product range at any time. Each product is presented on the website with a description outlining its main technical characteristics (capacity, use, composition, etc.). Photographs are as accurate as possible but are not contractually binding on the Seller. The sale of products presented on the WWW.WINAWEIGHT.FR website is intended for all buyers residing in countries that fully authorize the import of these products.
Article 4: Price
All prices displayed on the Site are in euros, inclusive of all taxes. WINAWEIGHT reserves the right to change its prices without prior notice. The prices applied to the Customer are those displayed on the Site at the time of their Order.
Article 5: Order
The User can browse the Site without obligation to purchase.
To place an order, the buyer selects the products of their choice on the website and adds them to their virtual shopping cart.
Creating a personal account on the Site is not necessary to place an Order. However, certain personal data from the buyer are required for the proper execution of the Order by WINAWEIGHT.FR
The buyer is required to provide complete, up-to-date, and accurate information; WINAWEIGHT cannot be held liable in this regard. The customer is informed that some of the requested information is mandatory for the proper execution of the order placed, which they expressly acknowledge.
The description of the Products is available to the buyer on the Site, which the buyer accepts and acknowledges.
Once the Order is finalized, WINAWEIGHT confirms acceptance by sending an email to the Customer at the address provided during the Order.
The order is validated once payment has been fully made and received by WINAWEIGHT.
WINAWEIGHT will send the Customer an invoice by email to the address provided during the Order process. The Customer is advised to save or print their invoice and keep it for their records.
WINAWEIGHT is committed to fulfilling validated Orders, within the limits of available stock.
In the event that one or more Products are unavailable after the Order has been placed, the Customer will be notified by email.
The Customer will have the choice of being reimbursed for the amount corresponding to the unavailable Products, or being delivered when the Products concerned are back in stock (except for permanent withdrawal from the catalogue).
In any event, WINAWEIGHT cannot be held responsible for any damage suffered by the Client, nor be liable for any damages.
WINAWEIGHT may modify the range of products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer.
Article 6: Payment
The Customer pays on the website www.winaweight.com by credit card from the Visa, Mastercard, Maestro and American Express networks via the secure payment platform Shopify payments.
Article 7: Delivery
Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. Orders are shipped via La Poste using COLISSIMO and MONDIAL RELAIS, a tracked delivery service requiring no signature upon receipt. Delivery times are estimates only; if delivery exceeds thirty days from the date of the order, the sales contract may be canceled and the buyer refunded. WINAWEIGHT may provide the buyer with the tracking number for their package via email. The buyer's order is delivered to their home by their postal carrier. If the buyer is not home, they will receive a delivery notice from their postal carrier, allowing them to collect the ordered products from the nearest post office within the timeframe specified by the postal service. The buyer assumes all risks associated with shipping from the moment the items leave WINAWEIGHT's premises. The buyer is required to check the condition of the packaging and its contents upon delivery, in the presence of the postal worker or delivery person. In the event of damage during transport, any claim must be made to the carrier within three days of delivery.
Article 8: Right of withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs.
Article 9: Personal Information and Protection of Personal Data
WINAWEIGHT is committed to protecting the confidentiality of information provided by the buyer, which may be required for the use of certain services. All information concerning the buyer is subject to the provisions of French Law No. 78-17 of January 6, 1978. As such, the user has the right to access, modify, and delete their personal information. They may submit a request at any time by mail to the following address: WINAWEIGHT, 5 rue de l'International, 91000 Evry, France.
Article 10: Intellectual Property
All elements of the website WWW.WINAWEIGHT.FR are and remain the exclusive intellectual property of the company WINAWEIGHT. No one is authorized to reproduce, exploit, or use in any way whatsoever, even partially, any elements of the website, whether in the form of photos, logos, visuals, or text.
Article 11: Responsibility
In the context of distance selling, WINAWEIGHT is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems.
Article 12: Applicable Law
In the event of a dispute, an amicable solution will be sought before any legal action is taken. Seeking an amicable solution beforehand does not interrupt the time limits for taking action under warranty.
These terms and conditions of distance selling are subject to French law.