Conditions updated on 09/13/2023
1. OBJECT
These general conditions of sale apply without restriction or reservation to all online sales offered by Wooper on the website www.wooper.ch (hereinafter: "the Site").
The Site is an e-commerce platform, which allows Internet users (hereinafter: "Buyers") to acquire personalized and customizable wooden jewelry, offered for sale on the Site (hereinafter: "Products") .
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible at any time by a direct link at the bottom of the Site page and at the address https://wooper.ch/conditions-generales/
The applicable version of the general conditions is the one that can be viewed online on the Site on the date of the Buyer's order.
These general conditions of sale prevail over all other general or specific conditions not expressly approved by Wooper.
They may be supplemented, where appropriate, by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. IDENTITY OF THE SELLER AND CONTACT
The Site is operated by the Wooper brand, whose registered office is located rue des Vieilles Chenevières 78, 1897 Bouveret, Switzerland (hereinafter: "Wooper"), which offers the Products for sale.
Wooper can be contacted at the following coordinates, in particular for any complaint:
Registered company: Designperrin
Postal address:
Wooper
Damien Perrin
Chemin de la Sargnia 5
1905 Dorénaz
Telephone: 079 435 17 69
E-mail address: contact@wooper.ch
3. LEGAL CAPACITY AND ACCEPTANCE OF TERMS AND CONDITIONS
3.1.
Legal capacity The Site is accessible:
To any natural person having full legal capacity to engage under these general conditions.
A natural person who does not have full legal capacity can only access the Site with the consent of his legal representative. To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
3.2.
Acceptance of the general conditions The acceptance of these general conditions by the Buyer is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
4. CHARACTERISTICS OF THE PRODUCTS
4.1. Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wishes to order.
4.2.
The Products are offered for sale online within the limits of available stocks, or subject to the possibility of ordering them if necessary. In case of unavailability of the Product after placing the order, Wooper will inform the Buyer by email: his order will be automatically canceled and no debit will be made.
4.3. The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only bind Wooper for what is specifically indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color, their weight and their size may not correspond exactly to the photographs presented on the Site, given the very nature of the processes used, specific to artisanal production. .
These variations in no way alter the quality of the Products offered for sale and confirm their unique character.
4.4. Wooper undertakes to transcribe the customizations desired by the Buyer as they are on the jewelry and not to make any corrections, even spelling. It is up to the Buyer to check the text requested when placing the order.
5. ORDER
5.1.
Placing an order To place an order, the Buyer must select the Product of his choice and place it in his basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the items entered.
The order is deemed received by Wooper when it can access it.
As part of his order, the Buyer is invited to provide his contact details for delivery and billing purposes.
He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated. The Buyer guarantees that all the information he gives in the order form is accurate, up to date and sincere and is not vitiated by any misleading character.
He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.
5.2.
Order confirmation At the end of his order, the Purchaser receives by email a confirmation thereof which:
summarizes the elements of the order,
includes the general conditions in force on the day of the order,
includes the invoice corresponding to the order.
The Buyer must ensure that the contact details provided when ordering are correct and that they allow him to receive the order confirmation email.
Failing receipt of this, the Buyer must contact Wooper at the contact details mentioned in article 2.
Wooper recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when he can access it.
6. PRICE AND TERMS OF PAYMENT
6.1.
Prices The selling prices of the Products are displayed on the Site.
They are indicated in Swiss francs, all taxes included when ordering.
Wooper reserves the right, at its own discretion and under terms of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
In the event of delivery failure due to an incorrect or incomplete address provided by the Buyer, additional costs may be charged to him, as indicated in article 7.2.
The applicable price is the one displayed on the Site at the time of registration of the Buyer's order.
Attention: Outside the European Union as well as in the DOM-TOM, customs duties or local taxes are likely to be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to Wooper . These duties and taxes, of which Wooper cannot determine the exact amount in advance and of which it therefore cannot inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the proper fulfillment any declarations and/or related formalities.
6.2.
Terms of payment The full price of the Products is due upon ordering.
Payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that will be offered on the Site at the time of the order. The Buyer guarantees to Wooper
that he has the necessary authorizations to use the chosen payment method.
Wooper reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the Swiss legal interest rate will be automatically applicable to the unpaid amounts from the first presentation of a formal notice by registered letter AR.
6.3.
Invoicing Purchase invoices will be sent to the Buyer by any useful means.
6.4.
Retention of title Wooper retains full ownership of the Products sold until full payment has been received, delivery costs included.
7. DELIVERY
7.1.
Territory of deliveries Buyers are expressly informed that the Site only offers the delivery of Products to the following countries:
Switzerland
France
Belgium
Italy
Germany
Canada
Quebec
United States
7.2.
Delivery methods The delivery of the Products ordered on the Site is made to the address indicated when ordering by the Buyer as the "delivery address" (which may be different from the billing address), which cannot be located only in one of the countries referred to in Article 7.1.
In the event of delivery failure due to an incorrect or incomplete address provided by the Buyer, the latter is informed and expressly accepts that additional costs may be charged to him.
The Buyer is informed before the validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.
Order withdrawals, when they are offered, are free and planned according to Wooper's availability, which will set the place and time. If the Buyer cannot make the appointment offered by Wooper for any reason, the delivery costs in force will be invoiced to him. The order will only be shipped after receipt of these charges.
7.3.
Delivery times The Site mentions, for each Product offered for sale, indicative delivery times depending on the territories and delivery methods.
Failing delivery within the above period, the Buyer may cancel the order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered Wooper, according to the same terms, to make delivery within a reasonable additional time, it has not performed within that time.
The contract is considered resolved upon receipt by Wooper of the letter or writing informing it of this resolution, unless it has been executed in the meantime.
In the event of termination of the contract according to the above terms, the Buyer will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.
Wooper reserves the right in any case to approach the Buyer in order to offer him alternative solutions for reimbursement of the price of the Products and the delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.
7.4.
Damage The risks are borne by the Buyer once the order has left Wooper's premises. The Buyer is required to check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery slip.
Any protest relating to damage occurring during transport must be made by reasoned complaint to the carrier within 3 (three) days of delivery. A copy of this complaint will be sent to Wooper.
8. RIGHT OF WITHDRAWAL
We accept returns and exchanges.
Contact us within: 14 days after delivery.
We do not accept cancellations but do not hesitate to contact us if there is a problem with your order.
The following items cannot be returned or exchanged
Due to the nature of these items, unless they arrive damaged or defective, we cannot accept returns for:
Bespoke or personalized orders
Promotional items
9. LEGAL GUARANTEES
The Buyer benefits from the legal guarantees of non-conformity as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Wooper of this at the contact details mentioned in Article 2 hereof, indicating the nature of the defect, the non-compliance or the damage observed and by sending him any useful proof, in particular in the form of photograph(s).
Wooper will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. Wooper will bear the costs of this return.
The Products must imperatively be returned to Wooper in their original packaging.
They must be accompanied by a copy of the corresponding purchase invoice. Returns of Products that do not comply with the terms described above cannot be taken into account.
Wooper will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, Wooper will refund to the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Wooper informed it of the impossibility of replacing the Product.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
has a period of 2 (two) years from the delivery of the goods to act;
can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the consumer code;
is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
10. OBLIGATIONS OF BUYERS
10.1. Buyers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to the purchase of said Products.
10.2. It is also the Purchasers' responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
10.3.
Buyers are solely responsible for the content of the messages they choose to include on the Products (hereinafter referred to as: "the Content"). They guarantee to Wooper that they have all the rights and authorizations necessary for the distribution of this Content.
The Buyer is solely responsible if he asks Wooper to include on the Products ordered a sign protected by copyright or an intellectual property title for which he does not have any right or authorization.
In this case, the Buyer undertakes to use it exclusively in the private sphere, and not to distribute photographs or videos of said Product to the public, in particular through social networks, and guarantees Wooper in this respect.
In any event, Wooper cannot be held liable in this respect.
10.4. Buyers agree that said Content is lawful, does not infringe public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to involve the civil or criminal liability of Wooper.
Buyers are thus prohibited from writing on the Products, in particular and without this list being exhaustive:
Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
infringing Content, Content
detrimental to the image of a third party,
Content that is false, misleading or proposing or promoting illicit, fraudulent or misleading activities,
and more generally Content likely to infringe the rights of third parties or to be harmful to third parties, in any way and in any form.
11. WOOPER'S RESPONSIBILITY
11.1. Wooper undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, Wooper reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Wooper cannot be held responsible for temporary difficulties or impossibilities in accessing the Site which may be caused by circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
11.2. Wooper does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.
11.3. Wooper cannot be held responsible for the non-execution or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure. , in addition to those which are usually retained by the case law of the Swiss courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the existing security means on the market do not allow their eradication, as well as any legal, regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
11.4. In any event, the liability likely to be incurred by Wooper hereunder is expressly limited to the sole direct damages proven to have been suffered by the Buyers.
12. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Wooper within the Site are protected by all rights of applicable intellectual property or database producer rights. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Wooper are strictly prohibited and may be subject to legal proceedings.
13. PERSONAL DATA
Wooper practices a personal data protection policy, the characteristics of which are explained in the Privacy Policy, which the Buyer is expressly invited to read.
14. ADVERTISING
Wooper reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which Wooper will be the sole judge.
15. THIRD-PARTY LINKS AND SITES
Wooper can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Buyer would access via the Site.
Wooper accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own terms of use.
Wooper is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to which the Buyer would be directed through the Site and can in no way be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
16. PROHIBITED BEHAVIORS
16.1. The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into Wooper's systems, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the rights and financial interests , commercial or moral of Wooper or the users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or of the laws and regulations in force.
16.2. It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.
16.3. In the event of failure to comply with any of the provisions of this article or more generally, breaches of laws and regulations, Wooper reserves the right to take all appropriate measures and initiate any legal action.
17. CHANGES
Wooper reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.
18. LANGUAGE
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
19. APPLICABLE LAW AND JURISDICTION
Any user or customer of this Site hereby agrees to be subject to the exclusive jurisdiction of the Swiss courts in the event of any dispute arising from these Conditions or the use of the Site. In this case, Swiss law is applicable.
20.COPYRIGHT
Wooper respects the copyrights of others and requires users and customers of the Site to respect its own. As a user or customer, you should be aware that anything you see or read on the Site is owned or constitutes proprietary information or know-how of Wooper. By using the Site, you confirm that you understand and agree that the services and any software used in connection with our services contain confidential or proprietary information that is protected by various intellectual property laws. Any material downloaded from the Site should only be for private use and does not transfer any right or title of any kind.
Personalized wristbands can be photographed and these images can be shared by Wooper at any time as well, whether on websites, social networks, in physical stores and at events, in the form of images, videos, books and any support.
If a customer wishes not to have an image of his personalized bracelet shared on social networks, he must make the written request at the time of the order to Wooper, by email to contact@wooper.ch and have confirmation from Wooper in return.
Wooper reserves the right to photograph and nevertheless retain any image of these personalized wristbands for its own portfolio and websites.
Custom designs and creations belong entirely to Wooper and may be reproduced in part or in whole by Wooper.
The Designperrin company is responsible for the Wooper.ch brand
