GENERAL TERMS AND CONDITIONS OF SALE
The "https://shop.escpeurope.eu" website is entirely managed by WEEMATCH SARL, a company with a capital of €200,000, whose registered office is located at 45-47 rue Paul Bert in Boulogne Billancourt (92,100), registered with the Nanterre Trade and Companies Register under number 451 239 503, intra-community VAT number FR 04451239503 (hereinafter called "WEEMATCH")
It is specified in advance that these General Terms and Conditions of Sale (hereinafter referred to as the "GTCs") exclusively govern the online sales of goodies offered by ESCP Europe, and organised by WEEMATCH on the Site. The user of the site declares that he/she has read it and accepts without reservation all the clauses of the WEEMATCH clauses.
It is specified that even if it sells ESCP Europe's derivatives (goodies), WEEMATCH is an independent company. Consequently, ESCP Europe cannot and will under no circumstances be held liable for any direct or indirect damage suffered by buyers when using this website published by WEEMATCH.
ARTICLE 1: Definition and Application of the General Terms and Conditions of Sale
The GTC detailed below apply to all orders for products placed on the Site (hereinafter referred to as the "Products") with WEEMATCH by any natural person (hereinafter referred to as the "Customer").
The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being permanently available on the Site.
WEEMATCH reserves the right to adapt or modify the GTC at any time. The version of the T&Cs applicable to any Order in force is the one appearing online on the Site at the time of the Order. Consequently, the fact of concluding an order requires the prior and unreserved acceptance of these General Terms and Conditions by the Client by clicking on the button "I have read and unconditionally accept the General Terms and Conditions of Sale".
ARTICLE 2: Purpose of the site
The Site is an e-commerce site whose purpose is to market objects and derived products (goodies) bearing the ESCP Europe logo and/or name.
ARTICLE 3: Access to the site
Access to the Site is provided in particular from a computer, telephone, personal assistant or mobile terminal connected to a telecommunications network using the communication protocols used on the Internet network. You are informed that the cost of access and navigation on the Site is the exclusive responsibility of the Client.
The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond our control. However, an interruption for inventory reasons or technical maintenance necessary for the proper functioning of the Site and related equipment, or for any other reason, may be decided by WEEMATCH. The latter is not bound by any obligation of result concerning the accessibility of the Site. WEEMATCH is in no way responsible for interruptions and the consequences that may result from them. WEEMATCH reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Site, in particular for maintenance and updating operations. The Customer is informed that WEEMATCH may terminate or modify the characteristics of the Products present on the Site at any time, without notice.
ARTICLE 4: Registration on the Site
4.1 Registration form/ creation of customer account
The creation of an account is mandatory in order to place an order.
However, the Customer may create an account at any time to collect his personal information in order to complete an order more quickly ("my Account").
The Client's registration on the Site is validated by WEEMATCH after verification of the form completed by the Client. To this end, the Client must obligatorily:
- Proceed to his registration by filling in the mandatory fields provided for this purpose, which will contain the information necessary to take into account his registration, namely his first name, surname, valid e-mail address and password
- Confirm your registration by clicking on the "create an account" tab.
The Client receives an e-mail confirming registration.
When creating his Account, the Client must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the contact details or incomplete data, WEEMATCH cannot be held responsible for the impossibility of delivering Products. In this case, WEEMATCH reserves the right to cancel the order and/or delete the Customer's account.
A multi-step order validation system allows the Customer to return to his order before validating it and thus to verify the details entered, his acceptance of these GTC, and the products ordered.
By registering on the Site, the Client declares and guarantees to WEEMATCH that he/she is of legal age and has the legal capacity to contract a purchase.
Once registered, the Customer will be able to access the functionalities offered on his account at any time:
- personal information ;
- order history ;
- order in progress, monitoring of the Order and Delivery processing steps;
- credit notes and returns.
WEEMATCH reserves the right to delete the Customer's Account at any time, in particular in the event of non-payment of the Order, non-compliance with the GTC or infringement of a third party's right.
WEEMATCH reserves the right not to accept an Order, for a legitimate reason, for example, due to a foreseeable problem concerning the delivery to be made or the abnormality of the Order. Any new orders for which there is an arrears of payment or a dispute related to repeated difficulties in the delivery or availability of previous orders, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders, may be rejected.
4.2 Login and password
An identifier (e-mail address) and a password, freely configurable and modifiable at any time, allow the Customer to access the Site. The username and password are strictly personal and non-transferable. The Customer is solely responsible for maintaining the secrecy of his password and identifier. The Customer is also responsible for all access to the Site using his username and password, unless proof of fraudulent use is provided.
In the event of loss, misappropriation or fraudulent use of his identifier and password by a third party, the Customer undertakes to notify WEEMATCH immediately by e-mail to the following address: firstname.lastname@example.org specifying his identifier. In the event that fraudulent use of the password is proven, WEEMATCH will contact the Customer to find the appropriate solution.
If you forget your password, an e-mail return procedure allows you to recover the use of your password. This procedure requires the identification and use of the e-mail address provided by the Client when requesting authorization (or modified in the event of an update).
ARTICLE 5 : Products
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are automatically updated in real time. However, a mistake in the update does not engage the responsibility of WEEMATCH. In the event of stock shortage, WEEMATCH undertakes to reimburse the Customer who has paid for his order by credit card by crediting his bank account with the amount paid... WEEMATCH takes the greatest care in the presentation and description of the Products to best satisfy the Customer's information. However, despite the best efforts made to represent the products on the Site, the photos are provided for illustrative purposes only. It is therefore possible that there may be a slight discrepancy between the photograph of the Product and the Product itself, which the Customer acknowledges and accepts. Under no circumstances may WEEMATCH be held liable.
In case of doubt or if you would like further information, you can contact WEEMATCH at the following address: email@example.com
It is specified that WEEMATCH only accepts the return of intact and unused Products, these two conditions being controlled before the return of the returned Products to stock. In the event of non-compliance with these two conditions, the Customer will not be able to exchange his Product or obtain a refund.
ARTICLE 6: Order
6.1 Ordering procedures
Only natural persons may place orders via the Site. For companies or associations, it is advisable to contact ESCP Europe directly at the following address: firstname.lastname@example.org
The Order is subject to compliance with the procedure set up by WEEMATCH on the site, including successive steps leading to the validation of the Order.
The Customer may select as many Products as he wishes to add to the basket (the "Basket"), within the limits of available stocks. The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before the validation of his Order. The Customer must tick the box relating to the acceptance of the T&Cs which will constitute acceptance of the T&Cs, the Products purchased, their price and the associated costs.
After confirming the content of his Order, the customer will definitively validate it by payment, guaranteeing that he is the holder or fully entitled to use the payment card. The order will only be valid and definitive once the corresponding price has been paid. Payment by credit card will be made on the PAYGREEN bank website. The latter offers customers the possibility of making a basket rounding or a free donation from the Customer to the ESCP Europe Foundation.
A confirmation email summarizing the Order information (Product(s), price, availability of the product(s), quantity, delivery times...) will be sent to the Customer by WEEMATCH. To this end, the Customer formally accepts the use of electronic mail for WEEMATCH's confirmation of the content of his Order.
The Customer may consult the history of his Order and download his invoice on the "my account" area of the Site, or request a paper edition from customer service.
It is recalled that the conclusion of the Order entails an obligation to pay. Orders must be paid immediately, no discount is provided.
6.2 Impossibility to process an order
It is recalled that WEEMATCH will be entitled to refuse an order in the event of unavailability of the product. Either the Customer must cancel his Order or he may wait until the Products are back in stock.
In addition, in the event of force majeure or an event beyond the control of WEEMATCH, (stock shortage due to external factors, such as theft, floods, fires, etc.) WEEMATCH shall not be liable to the Customer for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information on this Site, including after sending an e-mail confirmation of the Order.
ARTICLE 7: Prices and Payment Terms and Conditions
The prices of the Products are indicated on the Site in euros, including VAT (€ including VAT).
These prices are calculated excluding processing and shipping costs (the amount invoiced in addition will be indicated at the time of the final validation of your order) and, for deliveries outside French territory, excluding customs duties and other taxes (in particular videogram tax, eco-tax, etc.) which must be paid by the Customer directly to the carrier or any competent authority. These rights and sums are in no way the responsibility of WEEMATCH. They will be the responsibility of the Client and are his sole responsibility, both in terms of declaration and payment.
All prices displayed are calculated with the value added tax (VAT) applicable in France on the day the Order is validated,
WEEMATCH reserves the right to change its prices at any time, but the Products will be invoiced on the basis of the prices in effect at the time of registration and payment of the Order, subject to availability.
In the event that there is a display error on the price, and that the actual price is higher than the price displayed on the Site, WEEMATCH will contact the Customer to ask him if he wishes to purchase the Product at its actual price or if he prefers to cancel his Order.
7.2 Delivery costs
Delivery costs are at the expense of the Customer and vary according to the weight of the Order.
The Customer is offered two methods of delivery, either at the address he himself has provided, or at a collection point, in accordance with what is provided for in Article 9 "Delivery" hereof.
The amount of delivery charges is indicated on the Order Summary.
7.3 Payment terms and conditions
Online sales are only available to holders of a valid credit card.
The payment of the Products is only made online by the payment site PAYGREEN for credit cards. The accepted credit cards are CB, Visa and Mastercard.
The Customer expressly acknowledges that the communication of his credit card number constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of cancellation of the Order for non-payment is sent to the Customer by WEEMATCH on the e-mail communicated by the Customer at the time of registration on the Site.
The Customer's account will be debited with the amount of the products purchased on the business day following the transaction.
WEEMATCH never has access to confidential information relating to the means of payment. The Customer's bank details will be requested for each new Order.
The data recorded by PAYGREEN constitutes proof of any financial transaction between the Client and WEEMATCH.
Any Order is considered as definitively validated when the payment centres concerned have given their agreement.
In the meantime, the Products remain the property of WEEMATCH until full payment of the price by the Customer. At the time the Customer physically takes possession of the Products ordered, the risk of loss or damage to the products is transferred to the Customer.
Finally, WEEMATCH reserves the right to cancel or refuse any Order if there is a dispute relating to the payment of a previous Order.
ARTICLE 8: Securing payments
The Site is the subject of efficient security systems. It has not only adopted the TLS (Transport Layer Security) encryption method but has also strengthened all scrambling and encryption procedures in order to protect all sensitive data related to payment methods as effectively as possible.
8.2 Authentication by 3D Secure
In order to prevent and fight against fraud and identity theft, the Site systematically offers a system for verifying the identity of credit card holders called "3D SECURE". According to this system, after entering the credit card number in the secure page, a message or call is sent by the cardholder's bank to the telephone number connected to it.
The order is suspended until the Customer has fully validated the "3D SECURE" identity verification process.
ARTICLE 9: Delivery
The shipping of orders, which will only be carried out after confirmation of payment, may be carried out in France and abroad.
The customer can track the delivery of his package thanks to the tracking number that is sent to him by e-mail.
Deliveries are made by Colissimo and/or Chronopost, only from Monday to Saturday depending on the option chosen by the Customer when validating his Order.
Delivery refers to the transfer to the Customer of physical possession of the Products (the "Delivery").
The delivery charges applicable to the Order are those mentioned on the Site at the time the Order is placed.
When WEEMATCH takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
By exception, the risk is transferred to the Customer from the delivery of the Product to the carrier when the latter is in charge of the transport by the Customer and not by WEEMATCH.
Delivery is made either to a selected collection point or to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, a natural person of his choice or a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In the event that it is impossible to carry out the Delivery, due to an incorrect delivery address or the Customer's failure to collect his Order from the selected collection point, no reshipment can be carried out and the Customer will be refunded within 5 (five) days of receipt of the Order's return by WEEMATCH.
When the Customer orders Products with different delivery times, the delivery time of the Order is based on the latest delivery time. WEEMATCH reserves the right to split shipments. The contribution to the processing and shipping costs will only be charged for one shipment.
WEEMATCH delivers Orders within a maximum period of 7 (seven) working days in principle for a Delivery in Metropolitan France and 15 (fifteen) working days for an international Delivery, this period being counted from the day following the validation of the Order. The day after a collection is put online, the delivery time may be increased by 10 (ten) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). WEEMATCH cannot under any circumstances be held responsible in the event of an impossibility of delivery of the package due to an inaccuracy or inaccuracy on the delivery address provided or in the event of absence at the address indicated.
WEEMATCH cannot be held responsible for any delay in delivery that is not due to its fault or justified by a case of force majeure.
Upon receipt of the Order, the Customer must ensure the conformity of the Products.
Finally, it is reminded that when the Customer (or a third party designated by the Customer) physically takes possession of the Products ordered, the risk of loss or damage to the Products is transferred.
ARTICLE 10: Product Availability
Products and prices are valid as long as they are visible on the Site and within the limits of available stocks.
Information on the availability of the Products is provided to the Customer at the time the Order is placed. For technical reasons related to the impossibility of displaying the stock and refreshing the pages in real time, stock differences are therefore always possible.
In the event of unavailability, the Customer will be informed by e-mail of an indicative date of the arrival of the Product. The Customer may then decide to cancel his Order or wait until the Products are back in stock.
Information on the availability of the Products is provided on the product sheet at the time your Order is placed. As this information comes directly from WEEMATCH's suppliers, errors or modifications may exceptionally exist.
If payment has already been made, WEEMATCH undertakes to reimburse the Customer by crediting his bank account with the amount paid for his Order.
ARTICLE 11: Right of withdrawal
11.1 Terms and Conditions
To exercise his right of withdrawal, the Customer has a period of fourteen (14) days following receipt of the Product, without having to justify his decision, in accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code.
The Client must inform WEEMATCH of the exercise of its right of withdrawal by sending a letter to the following address: WEEMATCH, 45-47 rue Paul Bert, Boulogne Billancourt (92 100), or an email to email@example.com.
To formalize his retraction, the Customer can send an e-mail via the "Contact us from the shop" form.
In this case, WEEMATCH will immediately send the Customer an acknowledgement of receipt of the withdrawal.
Within fourteen (14) days following the communication of its decision to withdraw, the Customer must return the delivered Product(s) to WEEMATCH.
WEEMATCH will refund to the Customer the intrinsic price of the Product ordered and returned, to the exclusion of any other form of compensation in any form whatsoever.
In addition, and with the exception of the exclusions referred to in Article 11.2 below, the Customer may obtain a refund of the "one-way" delivery costs of the Order corresponding to the pro rata value of the returned Product in relation to the amount of the Order and excluding any additional costs.
The refund will be made by the same method of payment as the one used for the initial transaction. The refund of all sums paid by the Customer, including one-way delivery charges, will be made as soon as possible and at the latest within fourteen (14) days from the date on which he is informed of the consumer's decision to withdraw. WEEMATCH may defer the refund until receipt of the Product(s) or proof of shipment of the Product(s), whichever comes first. When the fourteen (14) day period expires on a Saturday, Sunday or statutory or non-working day, it is extended until the next business day.
In accordance with Article L.221-23 of the Consumer Code, the costs of returning the Products shall be borne by the Customer, except in the event of non-conformity of the Products delivered with the Order, which shall be borne by WEEMATCH.
If the deadlines are not met, WEEMATCH will not refund any money.
In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to:
- the delivery of Products which cannot be returned for reasons of hygiene or health protection, if the Customer has unsealed them or which, after having been delivered, have been mixed inseparably with other articles;
- the delivery of audio or video recordings or computer software when the Customer has unsealed them after the Delivery;
- the delivery of Products that have been manufactured according to the Customer's specifications or clearly customized;
- the supply of Products likely to deteriorate or expire quickly.
ARTICLE 12: Return of Products - Refund
12.1 Return of Products
In accordance with the provisions of Article L. 121-21-3 of the Consumer Code, the Customer must return by post to WEEMATCH, within a period of fourteen (14) days following the communication of his decision to withdraw, the Product(s) delivered to the following address: FI
For defective Products:
SNCF Great Train Return Service
45-47 rue Paul Bert
For returns of Products in their original packaging:
WEEMATCH / ESCP EUROPE file
Garonor Ouest, PROLOGIS Building No. 26
93600 Aulnay sous Bois
Product return service
Telephone: 01 48 63 63 05 64
Opening hours from Monday to Thursday: 9am-1pm / 2pm-5pm
The delivered Product(s) must be returned with the delivery note, in its (their) original, complete packaging (accessories, instructions...) in perfect condition for resale.
Retraction can never be exercised if the Products have been, even partially, consumed, washed, soiled, damaged or used. Products returned incomplete, damaged or soiled will not be returned or exchanged.
The costs of returning the Products ordered are the responsibility of the Customer. The transport and routing of the returned Products are also the responsibility of the Customer.
ARTICLE 13: Legal guarantees
The Customer may avail himself of the legal guarantee of conformity provided for by the Consumer Code with the Seller, in particular the following articles:
- Article L.217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility".
- Article L.217-5 of the Consumer Code: "The good is in conformity with the contract:
1. If it is specific to the use usually expected of a similar property and, if so:
-if it corresponds to the description given by the seller and has 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 in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted".
It is recalled that as part of the legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the property to take action against its seller, in accordance with Article L. 217-12 of the Consumer Code;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods, except for second-hand goods.
In addition, the provisions of the legal guarantee of conformity do not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognised by law.
Article 1641 of the Civil Code provides that "The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them".
This action must be brought by the purchaser within two years of the discovery of the defect.
In this case, the Customer may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
For a refund, the Customer should contact WEEMATCH customer service at the following address: firstname.lastname@example.org .
WEEMATCH will refund or exchange Products that are apparently defective or do not correspond to the Customer's order.
The Products must be returned to WEEMATCH in the condition in which the Customer received them with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions. Shipping costs will be refunded to the Customer on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal
ARTICLE 14: Liability
WEEMATCH is obliged to deliver Products in accordance with the contractual provisions.
The Products are considered to comply with the contractual provisions if the following conditions are met:
- they must conform to the description and possess the characteristics set out on the Site; (ii) they must be adapted to the purposes for which such Products are generally designed;
- they must meet the quality and strength criteria that are generally accepted for products of the same kind and can reasonably be expected.
However, the Customer is advised to use his product with caution. WEEMATCH cannot be held liable for any misuse.
WEEMATCH may also not be held liable in the event of delay or failure if the delay or failure is due to a cause beyond its control: fortuitous event or case of force majeure as defined by the law in force. preamble
WEEMATCH can under no circumstances be held responsible:
- in the event of false information or an error in the entry of his contact details by the Client;
- in the event of incorrect use of identifiers or the procedure for concluding the Order;
- in the event of a manifest error in the display of a derisory price. preamble
Regarding the security of the Site, WEEMATCH undertakes to make its best efforts to secure it. Nevertheless, since no site is inviolable, its liability cannot be called into question if undesirable data are imported and installed on the Site without its knowledge, or if, conversely, the data transmitted by the Customer to manage its order are misappropriated, damaged, lost or used unlawfully by third parties.
WEEMATCH shall also not be liable for any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise damage any functionality of a computer or interfere with its proper functioning, including any transmission resulting from the downloading of any content by the Customer, the software used by the Customer to download the content, the Site or the server that provides access to it. In this respect, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer equipment and any other device to protect them against any bugs, viruses or other such programming routines that may be harmful.
The Client is also solely responsible for the use he makes of the Site and WEEMATCH shall not be liable for any claim and/or procedure made against him.
On the other hand, the Site contains a number of hypertext links to other websites. Insofar as WEEMATCH cannot control these external sites and sources, WEEMATCH cannot be held responsible for the availability of these external sites and sources, and cannot assume any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. In addition, WEEMATCH shall not be liable for any proven or alleged damage resulting from or in connection with the use or reliance on the content, goods or services available on these external sites or sources. Finally, within the limits authorised by law, WEEMATCH cannot be held liable in the event that the content of these other sites contravenes the legal and regulatory provisions in force. You must therefore comply with the general terms and conditions of use of these sites.
ARTICLE 15: Miscellaneous provisions
The invalidity in whole or in part of one or more provisions of the General Terms and Conditions, pursuant to a legal or regulatory provision or a court decision that has become final, shall not entail the invalidity of the other provisions or of the part of the provision that is not subject to invalidity.
ARTICLE 16: Complaint - Dispute
For any complaint, the Client will contact WEEMATCH at the following address:
ESCP EUROPE Complaint Service
45-47 rue Paul Bert
or by e-mail: email@example.com
The Client is informed that he may in any event resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the mediator appointed is:
73 boulevard de Clichy, 75009 Paris
Telephone: 01 49 70 15 53
The Client is also informed that he can also use the Online Dispute Resolution (ADR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
These General Terms and Conditions of Sale are subject to French law.
All disputes to which the purchase and sale transactions concluded pursuant to these GTCs and which have not been the subject of an amicable settlement between the seller or by mediation, may be submitted to the competent French courts under the conditions of ordinary law.