These general terms and conditions of sale (CGV) apply to all e-commerce sites operated by Welkit sarl, including, but not limited to, bulldogtactical.fr, bulldog-tactical-gear.com, bulldog-tactical-gear.fr, bulldog-tactical-gear.co.uk, bulldogtacticalgear.com, etc.
ARTICLE 1 - OBJECT
These General Terms and Conditions of Sale are intended, on the one hand, to inform any potential buyer about the conditions and modalities under which the seller (hereinafter “Bulldog Tactical” or the “seller”) proceeds with the sale and delivery of products ordered on one of the Bulldog Tactical sites (hereinafter and before the “site”) and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by Bulldog Tactical to the consumer (hereinafter and thereafter the "buyer"). They apply, without restriction or reservation, to all sales of the products offered by Bulldog Tactical on its e-commerce sites.
Consequently, the fact for the buyer to order a product offered for sale on one of the Bulldog Tactical sites implies full and entire acceptance of these General Terms and Conditions of Sale of which the buyer acknowledges having taken knowledge beforehand and declares to be of legal age and have the legal capacity to contract thus allowing him to place an order on the Bulldog Tactical site.
Bulldog Tactical reserves the right to modify these CGV at any time. However, the General Terms and Conditions of Sale applicable to the order are those accepted by the buyer at the time of placing the order. The effective date of the CGV is the date of their posting online.
ARTICLE 2 - IDENTITY OF THE COMPANY
Name: WELKIT
Address: 2525 Rue de Brocéliande 56380 Guer-Coëtquidan Bellevue FRANCE
Legal form: SARL, limited liability company
VAT number: FR56950566000
RCS Number: 950 566 000 R.C.S. Vannes
Share capital: 459 300,92 €
E-mail: contact@welkit.com
ARTICLE 3 - ORDERS
3.1 PRICES
The sales prices of the products sold online on the Bulldog Tactical site are those in effect at the time of the buyer's order placement. These prices may be changed by Bulldog Tactical at any time. This change will be notified to the buyer before any order on the product sheet and the buyer's shopping cart.
VAT is applied at the rate in force at the time of the order. The prices of the products displayed on the Bulldog Tactical site are exclusive of shipping costs. These will be brought to the internet user's knowledge on the summary screen when validating the order. The different shipping methods are provided below in the CGV and are reminded on each site; they may be changed at any time by Bulldog Tactical.
3.2 PRODUCT CHARACTERISTICS
The buyer may select one or more products among the different categories offered on the Bulldog Tactical site.
Bulldog Tactical is likely to modify at any time the assortment of products offered for sale on its sites, depending in particular on the constraints related to its suppliers, without prejudice to orders placed by the buyer. In accordance with article L. 111-1 of the consumer code, the buyer may, prior to his order, take knowledge, on the Bulldog Tactical site, of the essential characteristics of the product(s) he wishes to order.
The products comply with current French legislation. The responsibility of Bulldog Tactical cannot be engaged in case of non-compliance with the legislation of the country in which the product is delivered (e.g., in case of prohibition of a product...). It is up to the buyer to check with the local authorities of the country of delivery of the products the possibilities of importing or using the products and services he plans to order.
3.3 AVAILABILITY
The offers presented by Bulldog Tactical are valid as long as they are announced on its sites and within the limits of available stocks.
In any case, and in the event of total or partial unavailability of products after placing the order, the buyer will be informed by email of the unavailability of the product and the total or partial cancellation of his order. The buyer may also choose one or more replacement items subject to stock availability.
3.4 ORDER
Any order implies acceptance of these General Terms and Conditions of Sale, the General Terms of Use and the Privacy Policy, without prejudice to special contractual conditions concluded between the parties.
Before validating his order, the buyer has the possibility to check the details of his order project and to correct any errors.
The distance selling contract is concluded from the moment the buyer confirms his order by clicking on the "pay" button (hereinafter and before "the order"). It is considered as having accepted in full knowledge of the contents and conditions of the order in question and in particular these General Terms and Conditions of Sale, the fact that his order implies a payment obligation on his part, the prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the buyer. When the order is placed, the Internet user receives a confirmation email, this confirmation email constitutes the sales contract between the parties. At this time, the payment has been authorized by the Internet user, and is debited from his bank account.
Once this step is validated, the buyer can no longer cancel his order. The sale will be final (subject to the exercise by the buyer of his right of withdrawal under the conditions provided for in these CGV). The change in status of the order will be confirmed to the buyer by an email.
Bulldog Tactical recommends that the buyer keep these emails on a paper or electronic medium. The buyer is informed that the emails are sent to the email address provided by the buyer when creating his account. Also, in case of error in entering the email address concerned, or non-receipt of the confirmation message of the order, the responsibility of Bulldog Tactical cannot be engaged. In this case the sale will be considered as final, except in cases of cancellation of the order by Bulldog Tactical, in particular for unavailability of products. However, the buyer may exercise his right of withdrawal under the conditions provided by these CGV.
Bulldog Tactical reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in case of non-payment or partial payment of any amount that would be due by the buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of one of the Bulldog Tactical sites, including on the occasion of previous orders.
ARTICLE 4 - PAYMENT
The buyer guarantees to Bulldog Tactical that they have the necessary authorizations to use the chosen method of payment for their order, at the time of registering the order. Moreover, the buyer declares being of legal age and having the legal capacity to enter into contracts, thereby enabling them to place an order on the Bulldog Tactical site.
4.1 PAYMENT METHODS ON THE SITE
4.1.1 Credit Card
The credit cards accepted on the Bulldog Tactical site are: Carte Bleue, Visa, American Express, and Master Card.
4.1.2 Bulldog Tactical Gift Card
The Bulldog Tactical gift card is dematerialized and sent by email; it can be used on the site where it was generated, either in one or several times, up to the credit amount at the time of an order.
A gift card cannot be used to purchase other gift cards.
4.1.3 Paypal
The buyer can use their PayPal account to pay for orders on the Site.
4.1.4 Online Credit
Online credits are credits issued exclusively by Bulldog Tactical and can be used by their beneficiary only on the Bulldog Tactical site where they were generated. They are issued in the form of a virtual gift card and have a validity period of one year from their issue date; they are not exchangeable for cash or any other payment method.
4.1.5 Split or Deferred Payment with Alma
Split or deferred payment is available through our partner Alma. The security of payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase Amount
- Deferred Payment J+30: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
- Deferred Payment J+15: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
- Payment in 3X: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
- Payment in 4X: Only purchases between 100 € and 2 000 € are eligible for payment with Alma.
- Payment in 10X: Only purchases between 500 € and 2 000 € are eligible for payment with Alma.
Fees
When paying in installments with Alma, the buyer does not incur any fees. Except for the following cases:
- Deferred Payment J+15: 1.35% per transaction
- Deferred Payment J+30: 0.80% per transaction
- Payment in 4X: 2.35% per transaction
- Payment in 10X: 6.2% per transaction
Alma is a tele-payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Any termination of the CGV that binds the seller and the buyer, entails the termination of the CGU between Alma and the buyer.
4.1.6 Payment by Credit with Alma
Payment by credit is available for settling their purchases through our partner Alma, the execution of the payment is conditioned by the signing of the credit contract proposed by Alma. The Seller accepts in advance the granting of credit concluded between Alma and the buyer in accordance with article L312-46 of the consumer code. If Alma agrees to grant the credit to the buyer, the amount will be paid by credit in accordance with article L312-45 of the consumer code. Any refusal by Alma to grant credit for an order may lead to the cancellation of the order, unless the buyer agrees to pay in cash. Any termination of the CGV that binds the seller and the buyer, entails the termination of the credit contract between Alma and the buyer. In case of retraction, the costs and interests of the buyers will be refunded in accordance with the regulations.
The security of payments is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma is a tele-payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
In the case of a sales contract or service provision over a long period, the Seller must specify in its CGV the start time of delivery or provision, for more details you can contact the Alma teams at support@getalma.eu.
4.1.7 Bitcoin and Other Cryptocurrencies
Bulldog Tactical offers you the possibility to pay in Bitcoin and other cryptocurrencies via the secure Coinbase Commerce application.
4.2 PAYMENT METHODS & RESTRICTIONS
4.2.1 Checks and Cash
No payment by check or cash will be authorized on the Bulldog Tactical site. No order will be taken into account and will therefore be cancelled on the spot.
4.2.2 PayPal and Alma
PayPal and Alma do not authorize the use of their payment service for the purchase of knives, weapon accessories or self-defense accessories and similar items. Credit card payment remains available for this type of purchase.
4.2.3 Country Restrictions
Some payment methods are not available depending on the destination country, thus Alma may only be available for purchases to France and Belgium.
4.3 ADMINISTRATIVE SALES & B2B
Any administrative order (hereinafter and before the "Admin sales") or for a professional (hereinafter and before the "B2B") must be paid before shipment. Bulldog Tactical reserves the right to request full payment of the order upon validation of the order, for any order of items not referenced on the Bulldog Tactical site.
The authorized payments for Admin and B2B sales are payments by credit cards, transfer, or administrative mandate.
Bulldog Tactical may grant the buyer, depending on their needs and history, a line of credit. Any late payment and/or exceeding of the credit line without prior agreement from Bulldog Tactical will result in the closure of the credit line, in addition to the contractual provisions provided for in case of late payment and defined herein.
4.3.1 Discount
No discount will be granted for early payment.
4.4 PAYMENT TERMS
Every order implies payment. Orders are payable in the currency specified on the website, including all required taxes and fees. Any bank charges will be borne by the buyer (including in the case of a refund).
4.4.1 Payment Delay
In case of total or partial non-payment of the goods delivered on the day of receipt, the buyer shall pay Welkit a late payment penalty equal to three times the legal interest rate. The applicable legal interest rate is the one in effect on the day of delivery of the goods. Starting from January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014). This penalty is calculated on the total amount including taxes still due and runs from the due date of the price without any prior formal notice being required.
In addition to the late payment penalties, any sum, including the deposit, not paid on its due date will automatically trigger the payment of a lump sum indemnity of 40 euros for recovery costs. Articles 441-6, paragraph 12, and D. 441-5 of the Commercial Code.
Welkit reserves the right to suspend or cancel the execution of an order and/or delivery, regardless of its nature and level of execution, in case of non-payment or partial payment of any sum due by the buyer, in case of payment incidents, or in case of fraud or attempted fraud related to the use of the Welkit website, including for previous orders.
4.4.2 Penalty Clause
In the event that Welkit has to use a third party to collect a debt, Welkit reserves the right to charge collection costs to the creditor. These costs amount to 15% of the total amount including taxes of the debt, with a minimum flat fee of 300 euros per debt.
4.4.3 Retention of Ownership Clause
Welkit retains ownership of the goods sold until full payment of the price, principal, and accessories. In this regard, if the buyer is subject to receivership or judicial liquidation, Welkit reserves the right to claim, as part of the collective procedure, the goods sold and unpaid for.
4.5 SECURITY IN PAYMENT OPERATIONS
As part of the fight against internet fraud, information related to the buyer's order may be transmitted to any third party authorized by law or designated by Welkit solely for the purpose of verifying the buyer's identity, the validity of the order, the payment method used, and the intended delivery.
Following this check, Welkit reserves the right to request a photocopy of the buyer's identity card and/or any information related to the buyer's identity. Any buyer has the right to access, rectify, and delete personal data concerning them and processed by Welkit, in accordance with the conditions set out in the privacy policy.
Welkit uses multiple secure payment tools, namely "Payplug," "PayPal," "Alma," and "Coinbase Commerce." Payment security is based on buyer authentication and the confidentiality of all data. To ensure this security, these different payment tools use proven encryption techniques and comply with the various applicable banking regulations in France and the European Union.
ARTICLE 5 - DELIVERY AND RECEIPT
5.1 GENERAL RULES
The products ordered by the buyer in accordance with these T&Cs will be delivered to the address indicated by the buyer as the delivery address on the relevant order ("delivery address").
Welkit delivers to all countries in the world, including overseas territories and military postal areas. All orders are prepared and shipped internally from Welkit's logistics center based in Guer-Coëtquidan, France. No preparation or shipment is carried out by a subcontractor, except for special deliveries such as those involving safes.
5.2 DELIVERY METHODS
The delivery methods listed below may not be available for all products, so it is possible that some delivery methods may not be offered to the buyer as part of their order.
5.2.1 Delivery in Metropolitan France
Home Delivery
- Colissimo:
The package containing the ordered and paid products is placed in the mailbox at the delivery address provided by the buyer.
In case the mailbox is too small, the buyer or the recipient of the order will receive a delivery notice, allowing them to pick up the package at the location indicated in the notice within 10 to 14 days.
- Chronopost:
The package containing the ordered and paid products is delivered by Chronopost, with electronic signature acknowledgment by the buyer or the recipient of the order.
On the day before delivery, Chronopost informs the buyer by email that a delivery is scheduled. In case of unavailability, the buyer has the option to reschedule the delivery for a later date or change the delivery location (secure location, neighbor, nearby pickup point). On the day of delivery, the buyer receives a notification indicating the delivery time slot and offering the option to reschedule or change the delivery location. If the package is made available at a nearby pickup point, the buyer or the recipient of the order has the time frame specified by Chronopost to pick up the package. After this period, the package will be returned to Welkit.
The electronic acknowledgment signed upon receipt of the package by the buyer, the recipient of the order, or the person designated by the buyer or the recipient of the order, constitutes proof of delivery by Welkit and receipt by the buyer or the recipient of the ordered products. No dispute regarding the delivery itself is possible if the package appears to have been delivered, as the carrier's computer system (scanning) is the determining factor.
Express delivery via Chronopost is only valid for mainland France, excluding Corsica.
Delivery to Pickup Point
The package containing the ordered and paid products is deposited at the pickup point selected by the buyer during their order.
The buyer has 8 days from receiving the email indicating the availability of their package at the pickup point to retrieve it. Pickup is only possible upon presentation of identification and the signature of the buyer or the recipient of the order.
The signature by the buyer or the recipient of the order constitutes proof of receipt by the buyer or the recipient of the ordered products. No dispute regarding the delivery itself is possible, as the package can only be retrieved with proof of identity.
5.2.2 Delivery outside Metropolitan France
We are able to ship your orders anywhere in the world, whether it is in Europe, overseas territories, or internationally.
For all shipments outside Metropolitan France, the shipping costs are calculated based on the weight of the package and the destination country. The delivery fees will be displayed in your cart before you make the payment for your order.
Delivery methods may vary from one country to another.
In general, upon delivery, a distribution form or acknowledgment of receipt must be signed by the buyer or the recipient of the order. This acknowledgment of receipt constitutes proof of delivery by Welkit and receipt by the buyer or the recipient of the ordered products.
5.2.3 Delivery to Military Postal Areas
Any order shipped to a Military Postal Area will be invoiced without VAT (shipping costs excluded). Since the prices displayed on the website are inclusive of VAT, the VAT refund will be made within 48 working hours after order validation.
Deliveries to Military Postal Areas can only be carried out by Colissimo. La Poste takes care of transporting the package from our warehouses in Guer to La Poste Aux Armées, located in Vincennes, which then handles the delivery within the area. This transport can sometimes be quite lengthy depending on the distance and the frequency of military air shuttles. The content of the package is insured, and this insurance is fully covered by Welkit to ensure that the buyer does not incur additional transport costs and that their order travels securely.
Please note: Since June 2003, the shipment of items containing blades or aerosols is prohibited in all military postal areas.
5.2.4 Delivery Times
Delivery times begin upon order confirmation.
Please note that the times indicated below are subject to product availability. They include a preparation time of 0-2 working days for standard home delivery, military postal area delivery, or pickup point delivery, and 0-1 working days for express home delivery or pickup point delivery.
Delivery in Metropolitan France:
- Express home delivery (excluding Corsica): 24 to 48 working hours
- Standard home delivery: 2 to 4 working days
- Colissimo pickup point delivery: 2 to 5 working days
Delivery to Military Postal Areas:
- The delivery time varies depending on the time it takes for La Poste to transport the package from one La Poste office to La Poste Aux Armées and the location of the military postal area.
Delivery outside Metropolitan France:
- Colissimo Overseas Territories (DOM-TOM): 5 to 7 days depending on the destination (excluding potential customs processing).
- Colissimo International: 5 to 15 days (depending on the destination country and excluding potential customs processing).
5.2.5 Package Returned to Sender / NPAI
If the package is not retrieved within the timeframe indicated on the delivery notice, the package will be returned to Welkit. In this case, the buyer will be refunded the amount of the order, minus delivery costs, using the same payment method used for the purchase.
5.2.6 Participation in Shipping Costs
The delivery and preparation fees vary based on:
- The carrier responsible for your order: So Colissimo, Chronopost, or specialized carrier.
- The selected delivery option.
You can view the delivery fees that apply to your order in your cart before making your payment.
5.3 Tax & Customs Regulations
Clearance fees, octroi de mer (overseas customs duty), excise duties, and other additional fees that may result from the application of import rules specific to each country are the responsibility of the buyer. These taxes cannot be calculated by Welkit and are not included in the final amount of the order.
Please note: The buyer is required to order products in compliance with the legislation of the destination country. For example, in Switzerland, knives, batons, aerosols, and any defense systems are not authorized.
5.3.1 Intra-CEE Shipments
In no case can a shipment be subject to tax exemption if the destination country is part of the European Union.
5.3.2 Shipments outside the CEE
For countries not part of the CEE (European Economic Community), Welkit conducts tax-exempt sales, meaning that all items offered will have French VAT (Value Added Tax) reduced (20% or 5.5% for books).
Important to note: In some cases, the buyer may be considered an importer and required to pay applicable customs duties and the destination country's VAT. Welkit will not be held responsible for the application of these various taxes, and will not be obligated to refund these fees.
5.3.3 Shipments to Overseas Departments and Territories (DOM-TOM)
Sales are conducted tax-exempt; however, in most cases, the buyer will be required to pay the specific tax for DOM and TOM, known as octroi de mer (overseas customs duty). This tax depends on the value of the package and will be billed to the buyer or, if applicable, to the order recipient by La Poste upon delivery of the package. Welkit will not be held responsible for the application of these various taxes and will not be obligated to refund them.
5.3.4 VAT Refund
Since the prices indicated on the website are inclusive of VAT, the VAT refund will be processed within 48 working hours after order validation.
5.4 Anomaly, Damage, Lost Package
5.4.1 General Provisions
The buyer or the order recipient is advised to check the apparent condition of the package and the products upon delivery.
In the event of an anomaly concerning the package (damaged package, open package, signs of liquid, etc.) or the ordered product(s) (missing product(s), damaged product(s)), the buyer or the order recipient must follow the procedures described below (Articles 5.4.2 and 5.4.3 of these T&Cs) that correspond to the conditions of the order. Failure to follow the appropriate procedure excludes any recourse against the carrier and Welkit. Specifically, the buyer will not be entitled to any refund. The buyer or the order recipient will also not be entitled to request that Welkit redelivers the ordered products.
The buyer or the order recipient may also contact Welkit's Customer Service to learn about the return procedure for damaged product(s). The procedure for returning damaged products, as indicated by Welkit's Customer Service, must be strictly followed by the buyer. Otherwise, the buyer will not be entitled to any refund or exchange of the products in question.
5.4.2 Procedures to Be Followed When the Package Is Damaged
Home Delivery
If the delivery person is present:
- Refuse the delivery and immediately make all reservations regarding the detected anomaly, in a clear and detailed manner. These reservations must be indicated by the buyer or the order recipient on the delivery driver's receipt.
- Report the refusal to Welkit's Customer Service by email at contact@welkit.com.
If the delivery person is not present:
Do not open the package. Note: opening the package excludes any recourse against Welkit.
- Return the unopened package to the Post Office within five working days from the date of delivery.
- Create a "spoliation report" with La Poste.
- Report the refusal to Welkit's Customer Service by email at contact@welkit.com.
Notification of incidents and the formulation of reservations must be made no later than 3 working days from the date of delivery.
Delivery to Pickup Point or Military Postal Area:
- Do not accept the package. Note: opening the package excludes any recourse against Welkit.
- Report the damages or discrepancies observed and make all claims and reservations to Welkit's Customer Service by email at contact@welkit.com.
International Delivery:
- Do not open the package. Note: opening the package excludes any recourse against the local postal service, ColiPoste, and Welkit.
- Return the unopened package to the local post office within five working days from the date of delivery.
- Create an anomaly report (the name may vary by country).
- Report the anomaly to Welkit's Customer Service by email at contact@welkit.com.
Notification of incidents and the formulation of reservations must be made promptly and no later than 3 working days from the date of delivery.
5.4.3 Procedure to Be Followed in Case of Missing or Damaged Product
The buyer or the order recipient must report the absence or damage of the product to Welkit's Customer Service by email at contact@welkit.com no later than 3 working days from the date of delivery.
Welkit's Customer Service may request any information regarding the identity of the buyer or the order recipient and carry out any necessary verifications on this occasion.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 WITHDRAWAL PERIOD
Welkit extends the legal withdrawal period from 14 (fourteen) days to 100 (one hundred) days from the day of receiving the package containing the ordered products, allowing the buyer to exercise their right of withdrawal without having to provide a reason*.
*Except for gift cards and products with special delivery, such as safes. In this case, in accordance with Article L. 221-18 of the Consumer Code, the buyer has 14 (fourteen) days from the day of receiving the package containing the ordered products to exercise their legal right of withdrawal without having to provide a reason, provided that the gift card has not been used in whole or in part before the end of this period. In this case, no right of withdrawal or refund in any form is provided.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders related to:
- The supply of goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection,
- The supply of goods made to the consumer's specifications or clearly personalized.
The buyer exercising their right of withdrawal under the conditions specified in this article in terms of time and return procedures may obtain a refund, a credit, or an exchange for the returned products from the order.
6.1.1 Refund & Credit
When the return entitles the buyer to a refund or credit, it is equal to the purchase price of the returned product(s).
The refund is made to the payment method used when placing the order, while the credit is generated in the form of a virtual gift card.
The period to receive a refund or credit is 10 working days from the receipt of the return.
6.1.2 Exchange
Depending on the type of product and subject to stock availability, Welkit offers the buyer the option to exchange the returned product(s). The desired product for exchange should be specified during the online return procedure.
6.2 RETURN CONDITIONS
- A product does not match the order or is unsuitable.
In order for the return request to be accepted, the product must be returned in new condition, complete without any signs of wear, and in its original packaging. Accessories (power cable, optical protector, pouch, etc.) sold with the product must also be present in the original packaging of the item. For example, a pair of shoes cannot be returned with only its original box or packaging; an additional box or envelope will be required (the packaging must not have any tape marks). If these conditions are not met, the return of the merchandise will be considered non-compliant and will not be refunded or exchanged by Welkit.
- A product is defective.
The return request procedure is carried out online through the platform provided for this purpose on the Welkit website.
Important: The transport of returned products is the responsibility of the buyer.
6.3 RETURN PROCEDURE
To return an item, the buyer or, if applicable, the recipient of the order, must initiate an online return procedure through the platform provided for this purpose on the Welkit website.
6.4 RETURN COSTS
Return costs are free for the following countries: Metropolitan France, Belgium, Germany, Luxembourg, Monaco, Andorra, regardless of the reason for the return.
Important: For returns from Overseas Departments and Territories (DOM-TOM), as well as other countries within and outside the European Economic Community (EEC), return costs are the responsibility of the buyer, or if applicable, the recipient of the order.
6.5 ABUSIVE OR NON-COMPLIANT RETURNS
In the case of an abusive return or if the buyer, or if applicable, the recipient of the order, has not followed or applied the instructions above, the return of the order will be considered non-compliant and treated as such.
ARTICLE 7 - WARRANTIES
7.1 LEGAL WARRANTIES
All products sold on the site are covered by the legal conformity warranty (as defined in Articles L217-4 and following of the Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 and following of the Civil Code), allowing the buyer to return defective or non-compliant products at no cost.
7.1.1 Legal Conformity Warranty
French consumer law provides the following regarding the legal conformity warranty:
- Article L217-4: "The seller delivers a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for defects of conformity resulting from the packaging, assembly instructions, or installation when the latter has been charged to him by the contract or has been carried out under his responsibility."
- Article L217-5: "The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter."
- Article L217-12: "The action resulting from the lack of conformity is barred by two years from the delivery of the good."
7.1.2 Warranty Against Hidden Defects
French civil law provides the following regarding the warranty against hidden defects:
- Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the thing sold that render it unfit for its intended use, or that reduce its use so much that the buyer would not have acquired it, or would have paid a lower price if he had known about them."
- Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of forfeiture, within one year from the date on which the seller can be relieved of apparent defects or non-conformities."
7.1.3 Exclusion of Warranties
Products modified, repaired, integrated, or added by the buyer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover products damaged during transport or due to improper use.
7.2 PROCEDURES FOR IMPLEMENTING LEGAL WARRANTIES
When acting under the legal conformity warranty, the buyer:
- has a period of two years from the delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal conformity warranty applies independently of any commercial warranty that may be granted.
The buyer may decide to implement the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the buyer can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
For any inquiries regarding legal warranties, the Buyer must contact Welkit's Customer Service via the "Contact Us" section of the site.
7.3 CONSEQUENCES OF IMPLEMENTING WARRANTIES
Under the legal conformity warranty, Welkit, at the buyer's choice:
- will either replace the product with an identical product subject to stock availability,
- or refund the price of the product if it proves impossible to replace a product.
Under the warranty against hidden defects, Welkit, according to the buyer's choice, will:
- either refund the full price of the returned product,
- or refund part of the price of the product if the buyer decides to keep the product.
7.4 COMMERCIAL WARRANTY
Some products sold on the Welkit site benefit from an additional commercial warranty offered by the manufacturer, the duration of which is indicated on the product page or packaging. This warranty covers parts and labor but does not apply in cases of misuse, damage, or negligence.
The commercial warranty is the responsibility of the manufacturer. Welkit does not perform any repairs or part replacements; therefore, Welkit can only connect the buyer with the manufacturer's warranty service for the respective product. Please note that Welkit cannot be held responsible if the manufacturer fails to fulfill its commercial warranty, and as a result, Welkit is not obligated to replace the concerned product or refund it in whole or in part.
ARTICLE 8 - RESERVATION OF OWNERSHIP
Welkit retains full ownership of the products sold until full payment, including principal, fees, taxes, and mandatory contributions.
ARTICLE 9 - INTELLECTUAL PROPERTY
The Welkit brand, as well as all illustrations, images, and logos, and any content appearing on the site, are and will remain the exclusive property of Welkit or the holder of the relevant intellectual property rights.
Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, logos, or any other content on the site for any reason and on any medium without the express, written, and prior consent of Welkit or the holder of the relevant intellectual property rights is strictly prohibited. The same applies to all copyrights, designs, and patents appearing and/or used on the site.
ARTICLE 10 - SIGNATURE AND PROOF
Welkit ensures a high level of site security and works to protect the personal data of its customers. However, the buyer must also maintain the security of their personal data by not disclosing their username (email address) and/or password to anyone and by regularly changing their password. In this regard, Welkit cannot be held responsible for the disclosure of the buyer's information to anyone who has used their username and/or password. In this regard, the use of the buyer's username and/or password will constitute proof of their identity, and the amounts corresponding to the products entered in the order will become due upon validation of the order. Welkit cannot in any case be held responsible for the fraudulent use of this information. The provision of the credit card number and the final validation of the order will constitute acceptance of the said order and will make the amounts entered for the products on the order due. The computerized records kept in the computer systems of Welkit and its partners will be considered as evidence of the communications, orders, and payments that have occurred between the parties.
The parties agree that all data, information, files, and any other digital element exchanged between the parties will constitute admissible, valid, enforceable evidence with the probative value of a private document.
The parties undertake not to contest the admissibility, validity, enforceability, or probative value of the aforementioned electronic elements, whether in nature or in electronic format, on the grounds of their electronic nature. In the absence of evidence to the contrary, these elements will be valid and enforceable between the parties in the same manner, under the same conditions, and with the same probative value as any document established, received, or retained in writing.
Important: Outbound shipping costs are not refundable.
11.1 CAPACITY
The buyer, prior to placing an order, declares to have full legal capacity, allowing them to commit to these General Terms and Conditions of Sale. Welkit is in no way obligated to verify the legal capacity of its visitors and buyers. Consequently, if a person without legal capacity orders items on the site, their legal representatives (parents, guardians, in particular) would assume full responsibility for that order and would be required to pay the price.
11.2 LIMITATION OF LIABILITY
Welkit's liability for the obligations under these CGV cannot be engaged in cases where the non-performance of its obligations is attributable to a third party, even if foreseeable, the fault of the buyer, or the occurrence of a force majeure event as defined by French courts or any other event that has not been reasonably under the exclusive control of Welkit. The information accessible on the site is provided "AS IS" without any warranty, whether implied or explicit, concerning, among other things, the integrity, accuracy, timeliness, non-infringement, availability, reliability, or completeness of the information, products, accessories, or services appearing on Welkit's website or their suitability for the use the buyer intends. WELKIT DISCLAIMS ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING FROM THE USE OF THE SITE. IN THE EVENT THAT WELKIT'S LIABILITY MUST BE ESTABLISHED AND HELD LIABLE FOR DAMAGE SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, SUCH LIABILITY IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO WELKIT. Any claim filed by a user, including any buyer, against Welkit must be made within 6 months from the occurrence of the event that is the subject of the claim.
ARTICLE 12 - PROCESSING OF PERSONAL DATA
Welkit collects personal data from the buyer as well as, if applicable, from the recipient of the order. The purposes, recipients, storage periods, and conditions under which Welkit collects and processes personal data are presented in the site's privacy policy, which details all information related to the processing of personal data and the rights of individuals concerned in connection with these processes.
ARTICLE 13 - AMENDMENTS
Welkit reserves the right to modify and update the General Terms and Conditions of Sale without notice. To be informed of any such changes, Welkit advises the buyer, and in general, all users, to regularly review the CGV, Legal Notices, and General Terms of Use, and the site's privacy policy. The order will be subject to the CGV in effect at the time of the order.
ARTICLE 14 - GENERALITIES
14.1 PARTIAL INVALIDITY
If one or more provisions of these CGV are held to be invalid or declared as such under a law, regulation, or as a result of a definitive decision by a competent court, the other provisions shall remain in full force and effect.
14.2 NON-WAIVER
The failure of either party to enforce any of the obligations set forth in these CGV shall not be interpreted for the future as a waiver of that obligation.
14.3 APPLICABLE LAW AND JURISDICTION
Any dispute relating to the interpretation and performance of these general terms and conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Vannes.
14.4 DURATION
The CGV apply for the entire duration of the posting of products offered by the company Welkit until the end of the warranty periods. In any case, the "liability" clause will survive the expiration of the CGV.