Terms and conditions of sale

Last updated on July 31, 2021

WEBSITE PUBLISHER

WHO WE ARE
SIREN : n°830 435 863
Head office : 30 rue de Paris 94227 Charenton Cedex - France
Email : [email protected]

ACCOMMODATION

Shopify
Head Office: Ontario, Canada

DATA PROTECTION ACT

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, modify, rectify and delete your personal data at any time. You can exercise this right by sending us a request by e-mail to the following address: [email protected].

The present conditions are intended for consumers who have full legal capacity. These conditions apply to all orders you place on this Site.

We look forward to receiving your comments at [email protected].

These terms and conditions are presented in French.

Between SAS New Online Challenge with a share capital of 1000 euros, publisher of the website http://www.whoweare.shop, whose registered office is located at 30 rue de Paris, 94220 Charenton le pont, France, registered with the R.C.S of Créteil under SIREN number 830 435 863. Who We Are can be reached by email at [email protected].

Hereinafter referred to as the "Seller".

On the one hand,

And the natural person of legal age or legal entity purchasing products or services from the Vendor, hereinafter referred to as "the Customer".

On the other hand,

It has been explained and agreed as follows:

PREAMBLE

The Seller is a publisher of Who We Are products and services exclusively for consumers, marketed through its Website: http://www.whoweare.shop.

The list and description of the products and services offered by the Vendor can be consulted on the aforementioned Site.

Article 1: Purpose

The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTCS) apply to all sales of Products made via the Vendor's Site and form an integral part of the Contract between the Customer and the Vendor. The Vendor reserves the right to modify these conditions at any time by publishing a new version on its Website.

The terms and conditions applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These GCS can be consulted on the Vendor's website at the following address: www.whoweare.shop. The Vendor also ensures that acceptance is clear and unreserved by providing a checkbox and a validation click. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the information necessary to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Vendor constitutes proof of all transactions.

Article 3: Products

The Vendor offers jewelry (rings, bracelets, necklaces, earrings and anklets) in 18-carat gold-plated (3 microns) and 925/1000 silver, rhodium-plated or not. Each product offered on the Site is accompanied by one or more photographs and a text describing the materials and colors. This information is not contractual.

The descriptions and photographs of the products sold on the Site are as accurate and true to life as possible. However, the colors, dimensions, textures and other characteristics of the Products may be altered by the screens or Internet browsers used to view them.

The Customer hereby acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and shall not incur the Vendor's liability in the event of error, omission or modification.

However, the Vendor undertakes to ensure that the photographic representation of the products on the Site is as faithful as possible to the product.

Article 4: How to order

Orders placed on the Site are subject to compliance with the procedure established by the Vendor on the Site, which comprises successive stages leading from the order to the conclusion of the sales contract:

• fill your virtual basket
• indicate quantities and version(s) of product required
• select a delivery method
• fill in the order delivery information
• select a payment method
• enter the details of the selected payment method
  
  

The Customer may select as many Products as he/she wishes. These will be added to the basket. The basket summarizes the Products selected by the Customer, together with their prices and charges. The Customer is free to modify the basket before validating the order.

Validation of the Order constitutes irrevocable acceptance, which may only be challenged within the limits set out in the present terms and conditions of sale. It automatically implies the Customer's acceptance of the products purchased, their price, the associated delivery charges and the general terms and conditions of sale. Validation of the Order concludes the sales contract.

In order to place an order, the Customer undertakes to communicate via the Site only the real and valid information necessary for the execution of the service which is the subject of the present GCS. The Vendor shall not be held responsible for any erroneous information transmitted by the Customer, resulting in the non-performance of the service covered by these GTS. The Customer may access and modify his data at any time in the "My Account" section.

All orders will only be considered validated once payment has been accepted. The Vendor reserves the right to refuse or cancel any order relating to a Customer in dispute over a previous order.

A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the Customer by the Vendor. To this end, the Customer formally accepts the use of electronic mail for confirmation by the Vendor of the contents of the order.

Article 5: Availability and presentation

Orders are accepted while stocks last. The permanent or temporary unavailability of a product does not in any way engage the responsibility of the Vendor and does not entitle the Customer to compensation or damages.

If the product and/or service ordered by the Customer is unavailable, the Vendor undertakes to inform the Customer as soon as possible and to offer a product and/or service of equivalent quality and price.

If the product and/or service is unavailable, and in the event of disagreement between the parties, the Customer will be reimbursed the amount he/she committed when confirming his/her order within 30 working days of the Customer's actual payment date.

The Vendor reserves the right to refuse any order for legitimate reasons, and more particularly if the quantities of products ordered are abnormally high for a Customer who is a consumer.

Article 6: Retention of title

Products remain the property of the Vendor until full payment has been received.

Article 7: Prices and payment terms

- Price list

The prices displayed on the Site are expressed in euros, inclusive of all taxes (French VAT and other taxes applicable on the day of the order). Packaging and order processing costs are included in the price. However, shipping costs will be charged to the customer unless offered.

The Vendor may modify product prices or shipping costs at any time and without notice, in particular due to changes in the economic, legislative or fiscal framework. Products are invoiced on the basis of the price list in force when the order is validated. Any telecommunication costs incurred in accessing the seller's websites are at the customer's expense.

- Terms of payment

a) Payment by card

The customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider Stripe, based in the United States.

Bank details are collected by Stripe, which uses an encryption algorithm (PCI level 1 certification) - the highest level of certification.

Our banking solution is PCI DSS certified by VISA and MASTERCARD: this is an international security standard. It ensures the confidentiality and integrity of cardholder data, and safeguards the protection of card and transaction data. Your bank details are encrypted using SSL (Secure Socket Layer) technology. They will therefore not circulate unencrypted on the Internet and cannot be intercepted. The Vendor does not store your bank details under any circumstances.

Once the payment has been validated by the Customer, the transaction is immediately debited after the information has been verified. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order cancelled. Where applicable, the Vendor will notify the Customer of the cancellation of an order due to non-payment, to the e-mail address provided by the Customer when registering on the Site. The Vendor reserves the right to refuse a purchase in the event of suspected fraud.

b) Payment by Paypal

Purchases may also be paid for via Paypal. In this case, the Seller reserves the right to verify the validity of the PayPal account, that the balance is sufficient to cover the amount of the purchase and the validity of the Customer's billing address. The Seller reserves the right to refuse a purchase if fraud is suspected.

c) Payment in three instalments free of charge via Alma

The Seller offers its customers the Alma credit service for the settlement of their purchases and the execution of payment. Payment in three instalments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

By paying in instalments with Alma, the Customer does not pay any fees.

The possibility of payment in three instalments without fees is conditional upon the Customer's acceptance of the GCU or of the credit agreement proposed by Alma. Any refusal by Alma to grant credit for an order may result in the cancellation of the order.

Any termination of the GCS binding the Customer and the Seller shall result in the termination of the GCS or of the credit contract between Alma and the Customer.

Alma is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

d) Payment by Gift Card

Finally, payment for all or part of an order placed on our Site can be made using Who We Are gift cards.

Article 8: Promotional offers

As part of the 3POUR2 offer, any return of one of the three items ordered will de facto cancel the promotional offer. As the name suggests, this offer is only valid if you buy and keep three pieces of jewelry.

If you decide to return the free item, it will not be eligible for a refund, since by definition it was offered to you 🤓
If you decide to return one of the other two items, the original price of the free item will be deducted from the amount of your refund.

Finally, if you decide to return one of the invoiced items and the free item, we'll refund you the full amount of the item actually paid.

To sum up, here's a concrete example:

In the case of an offer where an item is offered to you for a minimum purchase, the offer will also be cancelled if you return one or more items to us and your total order no longer reaches the minimum amount required to benefit from the offer.

In this case, we can offer you the following solutions:

- A credit note valid for 1 year for the amount of jewelry returned (allowing you to keep your basket with the minimum amount required and continue to benefit from the offer).

- Payment, after the fact, for the item offered

If you find yourself in this situation, please contact us at [email protected] so that we can work together to find a solution.

Here's a concrete example:

As part of the "La Pratique" offer, if you decide to return one or more items from your order, bringing your basket to less than 120 euros, we will ask you to return the "La Pratique" box as well.

If you do not wish to return the "La Pratique" box, we will offer you the following solutions: 

- A credit note valid for 1 year for the amount of jewelry returned (to keep your basket at 120 euros or more)


- Payment for the "La Pratique" box after the event. 

Article 9: Delivery

In accordance with the provisions of article L 121-20-3 of the French Consumer Code, Products ordered are delivered within the times indicated on the Site and when the order is confirmed, and within a maximum of 30 working days from the order. Who We Are products are delivered worldwide. 

The delivery times indicated on the Site and at the time of order confirmation are only indicative and correspond to the average time required to process and deliver the jewelry.

For deliveries outside the European Union, the Customer may be subject to import duties and taxes.

In this case, the Customer will have to pay directly to the carrier the costs of customs clearance, customs duties and/or other taxes due on the importation of the products into the country of delivery.

The related formalities are also the sole responsibility of the Customer. The customer is solely responsible for verifying the possibility of importing the products ordered with regard to the laws of the territory of the country of delivery.

Deliveries cannot be made to hotels, businesses or post office boxes. The Vendor undertakes to dispatch purchased items within a maximum of 3 working days following the order.

However, during busy periods such as Christmas, the Seller reserves the right to extend the delivery time to 5 working days.

From the order dispatch date, average delivery times are as follows:

2 to 5 working days by recorded delivery for France

4 to 10 working days by recorded delivery for Europe and the rest of the world

It is specified that any request for a change of delivery address made by the Customer after the order has been registered may result in an extension of the delivery time.

The Seller and the carriers being distinct and independent entities, the Seller cannot be held responsible for any delay, delivery error or loss of parcel attributable to La Poste.

Article 10: Right of withdrawal and refund procedure

In accordance with article L. 121-20 of the French Consumer Code, "the consumer has a period of fourteen clear days to exercise his or her right of withdrawal without having to justify his or her reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods". [...] The period mentioned in the previous paragraph runs from receipt for goods (the Carrier's order tracking system being proof of this) or acceptance of the offer for services".

The right of withdrawal may be exercised by contacting the Seller by e-mail at [email protected] or by requesting a return (refund or exchange) here: https://retour.whoweare.shop within 14 clear days of receipt of the package, as evidenced by the carrier's stamp (La Poste).

Please note that exchange requests will only be accepted for ring size errors.

Due to the festive season, all orders placed between December 1st and December 20th 2022 will benefit from special return conditions. In accordance with article L121-21 of the French Consumer Code, customers usually have 14 days to exercise their right of withdrawal. Customers who have placed an order between December 1 and 20, 2022 and who have exceeded the legal 14-day period may claim a credit note (only) within 30 days of receipt of their orders.

This request must be made within 14 working days of receipt of the order by the customer. In addition, the cost of returning items will, where applicable, be borne by the customer. Please also note that no refunds or new exchanges will be accepted once an initial exchange has been validated and received by the customer.

To be eligible for a refund, the Customer must return the item intact, unworn, in its original packaging and accompanied by the original invoice. 

The Vendor reserves the right to refuse the return of any product worn, incomplete, damaged, scratched, soiled or modified by the Customer. In this case, the jewel will be returned to the Customer, who will not be entitled to any refund.

Likewise, any jewel from which the original protection (protective film against micro-scratches) has been removed cannot, under any circumstances, be reimbursed and will also be returned to the Customer.

If the right of withdrawal is exercised within the aforementioned period, the customer will be responsible for the shipping costs of returning the products.

For both exchanges and returns, it is up to the customer to choose the carrier of their choice. However, customers are strongly advised to choose a delivery method with order tracking, and to keep a proof of delivery and tracking number.

Shipping costs related to the return of a non-conforming product or a product with a manufacturing defect in accordance with Article 10 will be reimbursed to the Customer.

For reasons of hygiene and health protection, piercings cannot be returned or refunded.

The following are also excluded from the right of withdrawal and do not entitle the holder to a refund:

- Personalized products or products made to the customer's specifications;
- Products that cannot be separated from other items sold in batches/boxes;
- Gift cards;
- Non-compliant use and maintenance, as well as defects in use or maintenance;
- Deterioration due to incorrect handling, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
- Deterioration due to an external event (lightning, water damage, etc...);
- Interventions carried out on the jewel by any person not authorized by the Vendor's After-Sales Service, as well as damage resulting from such intervention.

After receipt and verification of the returned items, and subject to these return conditions, a confirmation email will be sent to you. 

We will then refund your order by crediting your bank account within 14 days of receiving your return.

This will automatically be applied to your original credit card or payment method.  

Please note that if you return only part of your order, you will not be reimbursed for the (flat-rate) delivery costs. 

In the case of a return of an order originally shipped abroad, please note that we will only issue a refund. We do not accept size exchanges. If you would like an item in a different size, you will need to place a new order.

The Customer is also responsible for any customs duties incurred when returning products from a foreign country. The Vendor strongly advises its customers to return products by Colissimo or Lettre Max. Customers may also choose the carrier of their choice, who will then take full responsibility for the risks associated with the return.

It is therefore recommended to keep proof of this return, which implies that the products are returned with parcel tracking, or by any other means giving a certain date.

Article 11: Defective products and warranty

- Hidden defects or lack of conformity  

Products are covered by the legal warranty of conformity and the legal warranty against hidden defects. Inappropriate maintenance, abnormal or non-compliant use of the products, as well as the consequences of such use or external causes, are excluded from the scope of the contractual warranties.

In accordance with the legal provisions concerning conformity and hidden defects, the Vendor undertakes to refund or exchange defective products or products that do not correspond to the order. A latent defect or lack of conformity is proven when the Customer provides proof by any means whatsoever that the product contains a latent defect or lack of conformity.

In the event of a hidden defect or lack of conformity, the Customer undertakes to inform the Vendor's customer service department of his request for an exchange within 72 hours by e-mail to the following address: [email protected], taking care to communicate his order number.

The Vendor will send an e-mail to the Customer acknowledging receipt of the request and informing the Customer whether or not the request for exchange or refund has been accepted.

The Customer must then return the defective product in its original packaging, together with the original invoice, to the following address:

Who We Are
30 rue de Paris
94227 CHARENTON CEDEX
FRANCE

The Vendor reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered. We advise you to check the apparent condition of the products in the presence of the delivery person.

Upon receipt of the defective product, the Vendor will exchange or refund the product, which will be returned to the Customer as soon as possible, and at the latest within thirty days of receipt of the defective product.

Products soiled, damaged or modified by the Customer are not considered defective. Likewise, defects caused by the Customer do not engage the responsibility of the Seller.

The Vendor also reserves the right to refuse a refund or exchange if the defective product returned by the Customer is incomplete or does not present a major objective defect.

The Vendor will under no circumstances exchange the product received if it does not correspond or no longer corresponds to the Customer's tastes.

Article 12: Commercial warranty

In addition to the legal warranties referred to in Article 10 to which the Seller is bound, there is a commercial warranty which covers the repair of jewelry (replacement of clasp, broken chain, etc.).

The customer may request the application of this warranty by mail (by returning the Product to us) with proof of purchase.

This guarantee is free of charge, and the Customer undertakes to reimburse shipping costs (from Metropolitan France only).

This warranty runs from the date of delivery of the Product for a period of one (1) year.

This commercial warranty does not apply in the event of :

• and defects in use;
• deterioration due to incorrect handling, improper or abnormal use, or intentional or accidental physical alteration
• in the event of abnormal maintenance or lack of maintenance and hygiene;
• in case of natural wear ;
• work carried out on the jewel by any person not authorized by Customer Service, as well as damage resulting from such work.

Article L 217-16 of the French Consumer Code (Code de la consommation): When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least 7 days is added to the remaining warranty period. This period runs from the date of the buyer's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

Article 13: Deposit permanent bracelet appointment

An appointment for the fitting of a permanent bracelet that is not kept or is cancelled at least 24 hours in advance will not entitle you to a refund of the deposit paid. If you are unable to attend, please cancel your appointment by sending us a short e-mail to [email protected].
If you wish to reschedule your appointment, please feel free to simulate an appointment on our website to see which slots are still available, then send us an e-mail to [email protected] so that we can reschedule your appointment!

Article 14: Protection of personal data

Personal information relating to the Customer is essential for the processing and delivery of orders and the preparation of invoices.

The Vendor undertakes not to divulge to third parties the information communicated by Customers on the Site. This information is confidential. It will only be used to process orders and follow up commercial relations, and will be treated with the utmost confidentiality in view of the personal data communicated by the Customer. For more information, please consult our privacy policy here.

The Customer has the right to access, modify, rectify and delete data concerning him/her (article 34 of the French law of January 6, 1978), which he/she may exercise by contacting the Vendor. You can exercise this right by sending us a letter to the following address:

Who We Are
BP 30116
94223 Charenton Le Pont Cedex
France

Article 15: Effect of the contract

The contract is fully effective from the moment it is concluded and cannot be unilaterally terminated by either party, unless the customer makes use of his right of withdrawal under the conditions laid down in articles L 221-18 et seq. of the French Consumer Code.

Article 16 : Intellectual property

The Customer acknowledges that the Who We Are Products and distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of the Seller.

The Customer shall refrain from any act of reproduction or use of product models, packaging, trademarks or distinctive signs, inventions, techniques or know-how used by the Seller, as well as any act tending to the appropriation of these elements, whether or not they are protected by the Seller through a patent, trademark, registered design or copyright.

Article 17: Settlement of disputes

In the event of a dispute, the Customer must first contact the Vendor's Customer Service Department by e-mail at [email protected].

If no solution is found within 21 days of the request, the customer may refer the matter to the Commission Paritaire de Médiation de la Vente Directe, 1, rue Emmanuel Chauvière - 75015 - Paris, Tel : 01 42 15 30 00, E-mail : [email protected]website http://mediation-vente-directe.fr/ which will seek an amicable settlement free of charge. This Commission has exclusive competence to handle, within the framework of a mediation process, any disputes between the Vendor and the Customer. 

Article 18: Applicable law, language and disputes

The present General Conditions and accepted orders are subject to French law. The language of the present General Terms and Conditions and of accepted orders is French. In the event of a dispute, the French courts shall have exclusive jurisdiction.