ARTICLE 1 - SCOPE OF APPLICATION

 

These General Terms and Conditions of Sale (the "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers" or "Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the qawa.shop website.

The General Conditions of Sale do not apply to professionals. The Seller reserves the right to refuse or cancel any order from a professional and in particular from a professional reseller.

The Products offered for sale on the site are the following:

Clothing

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the qawa.shop website which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when placing the order.

These GTC are available at any time on the qawa.shop website and will prevail over any other document.

The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure of the qawa.shop site.

Unless proven otherwise, the data recorded in the computer system of the Seller constitute proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Postal address: DRG

         STR 2067, ALFRED NACCACHE STREET

         1100 BEIRUT, LEBANON

Email : contact@qawa.shop

The Products presented on the site qawa.shop are offered for sale in the following territories:

France, Spain, Holland, Belgium, Luxembourg.

In case of an order to a country other than France, the Customer is the importer of the concerned Products.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.

 

ARTICLE 2 - PRICES

 

The Products are supplied at the prices in force on the qawa.shop website, at the time the order is registered by the Vendor.

Prices are expressed in Euros, excluding VAT and including VAT.

The prices take into account any discounts granted by the Seller on the qawa.shop website.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to change prices at any time.

The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice drawn up by the Vendor shall be given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 - ORDERS

 

It is the Customer's responsibility to select on the qawa.shop website the Products he/she wishes to order, according to the following procedures:

The Customer chooses a Product that he puts in his basket, Product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error.

Any order placed on the qawa.shop website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

 

ARTICLE 4 - CUSTOMER AREA – ACCOUNT

 

The modalities of creating a customer space are available in our conditions of use of the site. These are available at the bottom of the page.

 

ARTICLE 5 - PAYMENT CONDITIONS

 

The price is paid by secure payment, according to the following methods:

• Payment by credit card
• Or payment by Paypal

The price is payable in full by the Customer on the day the order is placed.

The payment data are exchanged in encrypted mode through the protocol defined by the approved payment provider involved in banking transactions made on the site qawa.shop.

Payments made by the Customer shall be considered final only after the Seller has effectively collected the sums due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

 

ARTICLE 6 - DELIVERIES

 

The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones:

Spain, Holland, Belgium, Luxembourg.

We ship mainly with the following carriers: Colissimo and Mondial Relay. The choice of the carrier is made according to the destination of the sending and the choice of the customer.

Packages are generally dispatched within 48 hours after receipt of order. Any order placed after Thursday 6pm will be sent the following Monday.

The delivery time and rate vary according to the carrier chosen by the customer.

Your purchases may be shipped in multiple packages due to the size of some products. A tracking number is provided with each shipment.

Delivery is the transfer to the Customer of physical possession or control of the Product.

Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within 1 month after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding.

The deliveries are ensured by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.

When the Customer has himself/herself chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, on the basis of an estimate previously accepted by the Customer.

The Customer is required to check the condition of the products delivered. The Customer has a period of 14 days from the date of delivery to make claims by e-mail, accompanied by all related documents (notably photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

 

ARTICLE 7 - TRANSFER OF OWNERSHIP

 

The transfer of ownership of the Products from the Vendor to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.

 

ARTICLE 8 - RIGHT OF WITHDRAWAL

 

According to the terms of article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GCS.

The returns are to be made in their original state and complete (packaging, labels...) allowing their remarketing in new condition, accompanied by the purchase invoice.

Products that are sold out, damaged, soiled or incomplete are not accepted.

Items purchased from Qawa must be returned in perfect and unused condition, free of deterioration, stains, smell or any condition that would prevent them from being sold as new. Items must also be returned in their original packaging including all labels and possible items included as part of the packaging, within 14 days of receipt of shipment, in order to receive a refund.

Once we have received your return, inspected the items and are able to confirm that these are unworn, undamaged and the tags are intact, we will initiate the refund process.

You will receive a confirmation email the moment this process is completed and the refund is initiated, provided the above requirements are fulfilled.

There is no possibility of processing a change of product or size. In order to process an exchange, the customer must return the purchased item and make a new purchase of the desired item on the website.

The refund shall be made within 14 days of receipt by the Seller of the Products returned by the Customer in accordance with the conditions set out in this article.

 

ARTICLE 9 - SELLER'S LIABILITY - GUARANTEES

 

The Products supplied by the Vendor benefit from:

- The legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order.

- The legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

"The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where appropriate :

- If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- If it has the qualities that a buyer can legitimately expect in relation to the public statements made by the seller, the producer or his representative, particularly 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 accepted by the latter.

Article L217-12 of the Consumer Code

"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article 1641 of the Civil Code.

"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Article L217-16 of the Consumer Code

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.

The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Reimbursements, replacements or repairs of Products deemed to be non-conforming or defective shall be made as soon as possible and at the latest within 14 days of the finding by the Seller of the non-conformity or hidden defect. This refund can be made by bank transfer or cheque.

The responsibility of the Vendor shall not be engaged in the following cases

- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

- In case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller's warranty is, in any case, limited to the replacement or refund of Products that do not conform or are affected by a defect.

 

ARTICLE 10 - PERSONAL DATA

 

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.

 

10.1. Collection of personal data

The following personal data is collected on the qawa.shop website

Account opening

When creating a customer/user account:

Name, First name, Email address, Date of birth, Declaration of majority, Password.

Payment

In the context of the payment of the Products offered on the qawa.shop website, the latter records financial data relating to the bank account or credit card of the Customer/user.

 

10.2. Recipients of personal data

The personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractors is (are):

• Transport providers
• The providers of payment institutions

 

10.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

 

10.4. Limitation of processing

Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.

 

10.5. Duration of data retention

The Seller will keep the data collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.

 

10.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

10.7 Enforcement of Customer and user rights

In accordance with the regulations applicable to personal data, Customers and users of the qawa.shop website have the following rights:

- They can update or delete the data concerning them in the following manner:

By contacting us directly by email: contact@qawa.shop

- They can delete their account by writing to the email address indicated in Article 11.3 "Controller".

- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 11.3 "Data controller".

- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 11.3 "Data controller".

- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 11.3 "Data controller".

- They may also request the portability of data held by the Seller to another service provider

- Finally, they may object to the processing of their data by the Seller

These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.

The person in charge of processing must give a reply within a maximum of one month.

In case of refusal to grant the request of the Customer, this one must be motivated.

The Customer is informed that in case of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 11 - INTELLECTUAL PROPERTY

 

The content of the qawa.shop website is the property of the Seller and its partners and is protected by French and international laws on intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.

 

ARTICLE 12 - APPLICABLE LAW - LANGUAGE

 

The present GTC and the operations resulting from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

 

ARTICLE 13 - DISPUTES

 

For any complaint, please contact the customer service at the e-mail address of the Seller indicated in ARTICLE 1 of these GTC.

The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.

The Customer is also informed that he can also resort to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded in application of the present GTC and which have not been amicably settled by the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

 

ANNEX I - WITHDRAWAL FORM

 

Withdrawal Form

Date _____________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on qawa.shop, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

To the attention of DRG

STR 2067, ALFRED NACCACHE STREET

1100 BEIRUT, LEBANON

I hereby notify the withdrawal of the contract for the following item:

- Order of (indicate date)

- Order number: ..........................................

- Customer's name: ..........................................

- Customer's address: ..........................................

 

Customer's signature (only in case of notification of this form on paper)