Terms and conditions of sale

Article 1 — Purpose, scope and acceptance

These general terms and conditions of sale ("Terms") govern all sales of products made on the Wegoodie website between Wegoodie, a brand operated by Welye SASU with a share capital of 1 000 €, registered with the Créteil 814 102 091 Trade and Companies Register (SIRET 814 102 091 00018, VAT no. FR30814102091), whose registered office is at 145 rue Alexandre Fourny, 94500 Champigny-sur-Marne, France("the Seller") and any person placing an order ("the Customer").

A Business Customer is any person acting for purposes within their trade, business, craft, profession or farming activity, including associations and public bodies. A Consumer is any natural person acting for purposes outside such activity. Some clauses below apply to only one of these categories and say so expressly. Mandatory provisions of the French Consumer Code apply to Consumers notwithstanding any clause to the contrary.

Placing an order implies unreserved acceptance of these Terms, which prevail over any document of the Customer, including its own purchasing conditions. The Seller may amend the Terms at any time; the applicable Terms are those in force on the date of the order, of which the Customer is invited to keep a copy.

Article 2 — Products

Wegoodie offers promotional products and corporate gifts, which may be customised (printing, engraving, embroidery). Photographs, on-screen renderings and descriptions are provided for guidance only. Products are offered subject to availability from the Seller and its suppliers.

Customised products are made to order. Customary industry tolerances apply: slight colour variations between the on-screen preview, the proof and the finished product; variations of a few millimetres in dimensions or in the position of the branding; and, for special productions, a delivered quantity within plus or minus 5% of the quantity ordered, invoiced on the actual quantity. Such variations do not constitute a lack of conformity.

Article 3 — Prices

Prices are shown in euros excluding VAT. French VAT at the applicable rate (20%) is added and the total price including VAT is displayed before the order is confirmed. Delivery costs and, where applicable, customisation costs are stated before the order is confirmed. The Seller may change its prices at any time; products are invoiced at the prices in force when the order is confirmed. In the event of an obvious pricing error, the Seller may cancel the order concerned and refund the Customer, without further compensation.

Article 4 — Orders

The Customer selects the products, configures any customisation, confirms the basket, enters delivery and billing details, then confirms the order. The sale is final once payment is confirmed (or, for payment by bank transfer, once the funds have actually been received). A confirmation e-mail summarising the order is sent to the Customer. The Seller reserves the right to refuse or cancel any order in the event of a supplier stock-out, a previous dispute, suspected fraud or an unusable print file; any sums paid are then refunded.

Article 5 — Payment

Payment is made online by bank card through our secure payment provider or, where offered, by bank transfer. Payment data is encrypted and never passes through our servers in clear text. No production is started and no lead time begins before funds have actually been received.For Business Customers, where deferred payment is accepted by the Seller, any late payment automatically incurs late-payment interest at the European Central Bank's most recent refinancing rate plus 10 percentage points, together with a fixed recovery fee of €40 (Articles L.441-10 and D.441-5 of the French Commercial Code).

Article 6 — Proof approval and Customer files

For any customisation, a digital proof is submitted to the Customer before production, unless the Customer expressly opts for direct production without a proof. Approval of the proof by the Customer constitutes final acceptance of the content, spelling, colours, dimensions and position of the branding: no claim relating to an element visible on the approved proof will be accepted. Where direct production without a proof is chosen, the Customer alone carries out these checks. The delivery lead time runs from approval of the proof (or from the order, for direct production) and from receipt of payment.

The Customer warrants that it holds all rights (trade marks, logos, images, text) required to reproduce the material it supplies, and indemnifies the Seller against any third-party claim in this respect. Files supplied in an unsuitable format or resolution may delay the lead time or incur artwork preparation costs, notified to the Customer before production.

Article 7 — Delivery, lead times and delays

7.1 Lead times

The indicative delivery lead time is 7 to 10 working daysfrom approval of the proof and receipt of payment, for delivery in mainland France, excluding special productions, large volumes and peak periods (in particular from 15 November to 31 December), for which a specific lead time is communicated. Lead times are expressed in working days and depend on the stock and production capacity of the Seller's suppliers and on carriers. Part deliveries are permitted where one item of an order is delayed.

7.2 Business Customers

Lead times are indicative only.A delay, whatever its cause, does not entitle the Business Customer to cancel the order, refuse the goods, withhold or defer payment, or claim any penalty or damages. A firm delivery date binds the Seller only if accepted in writing before the order; even then, the Seller's liability is limited to the shipping costs of the order concerned. Business Customers ordering for a dated event are advised to allow a margin and to say so before ordering.

7.3 Consumers

The Seller delivers the product on the date or within the period indicated to the Consumer when ordering and, in the absence of such indication, no later than thirty days after the contract is concluded (Article L.216-1 of the French Consumer Code). If the Seller fails to do so, the Consumer may, after instructing the Seller by registered letter or in writing on a durable medium to deliver within a reasonable additional period, terminate the contract if delivery has still not taken place within that period (Article L.216-6). Sums paid are then refunded within fourteen days of termination. These provisions cannot be excluded by these Terms.

7.4 Force majeure and supply shortages

The Seller's obligations are suspended in the event of force majeure within the meaning of Article 1218 of the French Civil Code, including: strikes, blockage or failure of carriers, shortage of raw materials or energy, fire, flood, epidemic, administrative decision, or network failure. The Seller informs the Customer; the lead time is extended by the duration of the impediment and, if it exceeds sixty days, either party may cancel the unperformed part of the order, with sums paid being refunded. If a product becomes unavailable from the supplier after the order, the Seller offers the Customer an equivalent product, a later delivery or a refund of the items concerned, to the exclusion of any other compensation for Business Customers.

7.5 Transfer of risk

For Business Customers, goods travel at the recipient's risk: risk passes when the products are handed to the carrier. For Consumers, the risk of loss or damage passes when the Consumer, or a third party designated by the Consumer, takes physical possession of the products (Article L.216-4 of the French Consumer Code).

7.6 Receipt, reservations and claims

The Customer checks the condition and contents of the parcel on delivery. In the event of damage, missing items or an opened parcel, the Customer must record precise, dated and signed reservations on the delivery note and confirm them to the carrier by registered letter within three days, public holidays excluded (Article L.133-3 of the French Commercial Code), then inform the Seller within 48 hours with photographs via the contact form. Failing this, for Business Customers the products are deemed delivered in conformity and in good condition. Any claim by a Business Customer regarding the conformity of the products must reach the Seller within eight days of receipt. A parcel returned to the Seller because of an incorrect address, an absent recipient or non-collection is re-dispatched at the Customer's expense.

Article 8 — Right of withdrawal

Under Articles L.221-18 et seq. of the French Consumer Code, Consumers have 14 days from receipt of the products to withdraw from the contract without giving any reason. Exception:under Article L.221-28 3°, this right cannot be exercised for goods made to the Customer's specifications or clearly personalised (products with printing, engraving or embroidery). Details are set out in our returns policy. Business Customers have no right of withdrawal; an order for customised products cannot be cancelled once the proof has been approved.

Article 9 — Warranties

Consumers benefit from the statutory warranty of conformity (Articles L.217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code): they may obtain the repair, replacement or refund of non-conforming or defective products. For Business Customers, the warranty is limited to the replacement or refund of products acknowledged as defective by the Seller, to the exclusion of any compensation; the conformity of a customised product is assessed against the approved proof and the tolerances in Article 2.

Article 10 — Customer service and claims

Claims may be sent via the contact form, by e-mail to contact@wegoodie.com or by post to the registered office. The Seller undertakes to acknowledge receipt within two working days and to respond as soon as possible.

Article 11 — Liability

The Seller is not liable for non-performance of the contract in the event of force majeure or an unforeseeable and insurmountable act of a third party, nor for the consequences of using the products other than for their intended purpose. Towards Business Customers, the Seller's liability, on any ground, is limited to the amount excluding VAT of the order concerned, and indirect losses (loss of turnover, business, customers or reputation, missed events, replacement costs) are excluded. These limitations do not apply to Consumers where the law prohibits them.

Article 12 — Intellectual property

The elements of the website (the Wegoodie brand, text, images, configuration software) remain the property of the Seller. The Customer authorises the Seller and its suppliers to reproduce the material it supplies solely for the purpose of fulfilling the order. The Seller does not reproduce a Customer's work for marketing purposes without the Customer's consent.

Article 13 — Personal data

The data collected is required to process orders and is handled in accordance with our privacy policy.

Article 14 — Governing law and disputes

These Terms are governed by French law. In the event of a dispute, the Customer is invited first to contact the Seller at contact@wegoodie.com to seek an amicable solution. Under Regulation (EU) No 524/2013, Consumers may use the European online dispute resolution platform: ec.europa.eu/consumers/odr, or refer the matter to a consumer mediator. Failing an amicable solution, disputes with Consumers fall under the jurisdiction of the competent French courts; disputes with Business Customers fall under the exclusive jurisdiction of the Commercial Court of the Seller's registered office, even in the case of multiple defendants or third-party proceedings.

Article 15 — Language

These Terms are drawn up in French. This English translation is provided for convenience; in the event of any discrepancy, the French version prevails.