Terms and Conditions of Sale of Online Services to Individual Consumers
Preamble
These general terms and conditions of sale apply to all services provided through the ouiwalk
website.
The ouiwalk website is a service provided by:
- ouiwalk company
- located at: 31 avenue Gazan 06600 Antibes
- website URL: https://wwwouiwalk.app
- email address: ouiwalk@ouiwalk.app
- phone: 0762106864
The customer declares to have read and accepted the general terms and conditions of sale prior to
placing the order. The validation of the order thus constitutes acceptance of the general terms and
conditions of sale.
Article 1 - Content and Scope of Application
These general terms and conditions of sale automatically apply to the following services:
Administrative Assistance.
They apply to the exclusion of any other conditions, particularly those applicable to sales on the
internet or through other distribution and marketing channels.
The sale is deemed to be concluded on the date of acceptance of the order or immediate purchase
by the seller.
Any order or immediate purchase implies unconditional adherence to these general terms and
conditions of sale, which prevail over any other conditions, except those expressly accepted by the
seller.
The buyer declares to have read these general terms and conditions of sale and accepted them
before making an immediate purchase or placing an order.
Article 2 - Pre-contractual Information
Before an immediate purchase or placing an order and the conclusion of the contract, these
general terms and conditions of sale are communicated to the buyer, who acknowledges having
received them.
The following information is clearly and understandably transmitted to the buyer:
- the essential characteristics of the service;
- the price of the service or the method of calculating the price and, if applicable, all additional
costs for transport, delivery, or postage, and any other possible costs;
- the date or deadline by which the service provider undertakes to provide the service, regardless of
its price, and any other contractual conditions;
- information regarding the identity of the provider, its postal, telephone, and electronic contact
details, and its activities;
- the procedures for handling complaints;
- the duration of the contract, when concluded for a fixed term, or the conditions for its termination
in the case of an indefinite-term contract;
- concerning digital content, any relevant interoperability of such content with certain hardware or
software, of which the professional has or should reasonably have knowledge.
The service provider must also communicate to the buyer, or make available to them, the following
information:
- legal status and form, contact details allowing rapid contact and direct communication with it;
- where applicable, the registration number in the trade and companies register or in the directory
of trades;
- for activities subject to an authorization regime, the name and address of the authority issuing it;
- for the provider subject to value-added tax and identified by an individual number in accordance
with article 286 ter of the general tax code, its individual identification number;
- for the provider who is a member of a regulated profession, their professional title, the EU member
state in which it was granted, and the name of the professional order or body with which they are
registered;
- any financial guarantee or professional liability insurance taken out by them, the insurer's or
guarantor's contact details, and the geographical coverage of the contract or commitment.
Article 3 - Order
By order, it is meant any order for services listed in the seller's price list, accepted by the seller,
accompanied by payment of any deposit provided for on the order form.
To be valid, any order must be placed on the seller's order forms, available to customers in its
stores.
Any order received by the seller is deemed firm and final.
It implies adherence to and full acceptance of these general terms and conditions of sale and
obligation to pay for the products ordered.
The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except as
provided by article L.211-28 of the Consumer Code.
Article 4 - Estimates
For services requiring the preparation of a prior estimate, the sale will only be considered final after
the establishment of an estimate by the service provider and sending to the buyer confirmation of
the acceptance of the order.
Estimates prepared by the service provider are valid for 7 days.
Article 5 - Performance of the Service and Termination of the Contract
Except for express special conditions specific to the sale, the performance of the service will be
carried out within 30 days from the receipt by the seller of a duly completed order.
In the event of the seller's failure to fulfill its obligation to perform on the date or upon the expiry of
the period specified above, or, failing that, at the latest 30 days after the conclusion of the contract,
the buyer may terminate the contract, under the conditions of articles L. 216-2 and L. 216-3 and L.
216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on
another durable medium if, after having instructed, under the same conditions, the professional to
provide the service within a reasonable additional period, the latter has not performed within that
period.
The contract is considered terminated upon receipt by the professional of the letter or writing
informing them of this termination, unless the professional has performed in the meantime.
However, the buyer may immediately terminate the contract when the professional refuses to
provide the service or fails to fulfill its obligation to provide the service on the agreed date if this
date or deadline is an essential condition of the contract for the buyer. This essential condition
results from the circumstances surrounding the conclusion of the contract or an express request
from the consumer before the conclusion of the contract.
The costs and risks associated with this operation are borne exclusively by the service provider.
Except in cases of force majeure, the deposit paid at the time of the order is automatically acquired
and cannot be refunded.
Article 6 - Withdrawal Period and Refund
The buyer has a right of withdrawal of 14 days from the conclusion of the contract.
The professional must reimburse the buyer for the total amount paid, no later than 14 days from the
date on which it is informed of the buyer's decision to withdraw (Consumer Code, article L. 221-24),
unless justified delay.
In accordance with article L. 242-4 of the Consumer Code, when the professional has not refunded
the amounts paid by the buyer, the amounts due are automatically increased by:
- the legal interest rate if the refund occurs no later than 10 days after the expiry of the 14-day
period mentioned above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- and five additional points per new month of delay up to the amount of the product price, then the
legal interest rate.
Cancellation of the order after the withdrawal period
After the 14-day withdrawal period, in the event of cancellation of the order by the buyer, after
acceptance by the seller, for any reason other than force majeure, an amount corresponding to 15%
of the purchase amount will be retained by the seller as damages, in compensation for the damage
thus suffered.
Article 7 - Prices
Prices are firm and final. Unless expressly provided otherwise by specific conditions, the prices of
the services performed are those appearing in the price catalog on the day of the order.
They are expressed in legal currency and include all taxes.
Article 8 - Payment
Unless expressly provided otherwise by other terms, the price is payable in full at the time of the
order. No order can be processed without full payment by this date.
Payments made by the buyer will be considered final only after the effective collection of the sums
due by the service provider.
An invoice will be provided to the buyer upon request.
Article 9 - Guarantees - Generalities
9-1 Legal guarantee of conformity
ouiwalk guarantees the conformity of the goods sold under the contract, allowing the buyer to make
a claim under the legal guarantee of conformity provided for in articles L. 217-3 and following of the
Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the goods to take action;
- the buyer may choose between repair or replacement of the goods, subject to the cost conditions
provided for in article L. 217-17 of the Consumer Code;
- the buyer is not required to prove the non-conformity of the goods during the 24 months for new
goods (12 months for second-hand goods) following the delivery of the goods.
9-2 Legal guarantee against hidden defects
In accordance with articles 1641 and following of the Civil Code, ouiwalk guarantees against hidden
defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the
time of the sale of the goods and are of such a nature as to render the goods unfit for the use for
which they are intended. This guarantee must be implemented within two years from the discovery
of the defect.
The buyer may choose between canceling the sale or a price reduction in accordance with article
1644 of the Civil Code.
Article 10 - Intellectual Property
All technical documents, products, designs, photographs provided to buyers remain the exclusive
property of ouiwalk, the sole holder of the intellectual property rights to these documents, and
must be returned to it upon request.
Buyer customers undertake not to make any use of these documents that may infringe the
industrial or intellectual property rights of the supplier and agree not to disclose them to any third
party.
Article 11 - Competent Jurisdiction
All disputes to which the purchase and sale operations concluded under these general terms and
conditions of sale may give rise, concerning their validity, interpretation, execution, termination,
consequences, and follow-up, which could not be resolved amicably between the seller and the
customer, will be submitted to the competent courts under the ordinary law conditions.
For the definition of the competent jurisdiction, the seller elects domicile at 31 avenue Gazan
06600 Antibes.
Article 12 - Contract Language
These general terms and conditions of sale are drafted in the French language. In the event of
translation into one or more foreign languages, only the French text shall prevail in the event of a
dispute.
Article 13 - Mediation and Dispute Resolution
The buyer may resort to conventional mediation, notably with the Consumer Mediation
Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution
method (conciliation, for example) in the event of a dispute.
In the event of a dispute, the contact details of the mediator to whom the buyer may address are as
follows: mediator of FEVAD e-commerce, xxx, 60 rue La Boétie, 75008 Paris, __________.
In accordance with article 14 of Regulation (EU) No. 524/2013, the European Commission has set
up an Online Dispute Resolution platform, facilitating independent out-of-court settlement of
online disputes between consumers and professionals in the European Union. This platform is
accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 14 - Applicable Law
These general terms and conditions are subject to French law.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the
buyer will first contact the seller to seek an amicable solution.
Article 15 - Protection of Personal Data
Data collected:
The personal data collected on this site are as follows:
- account opening: when creating the user's account, their name; first name; email address; phone
number;
- connection: when the user logs into the website, it records, in particular, their name, first name,
login data, usage data, location, and payment data;
- profile: using the services provided on the website allows for the completion of a profile, which
may include an address and a phone number;
- payment: as part of the payment for products and services offered on the website, it records
financial data related to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning
the user's communications is temporarily stored;
- cookies: cookies are used as part of the website's use. The user has the option to disable cookies
from their browser settings.
Use of personal data
The personal data collected from users are intended to provide the services of the website, improve
them, and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the terms of use of the payment services;
- verification, identification, and authentication of data transmitted by the user;
- offering the user the possibility to communicate with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history,
according to their preferences;
- prevention and detection of fraud, malware (malicious software), and management of security
incidents;
- management of any disputes with users;
- sending of commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in
relation with third-party banking and financial companies with which it has contracted;
- when the user posts, in the free comment areas of the website, information accessible to the
public;
- when the user authorizes the website of a third party to access their data;
- when the website resorts to service providers to provide user assistance, advertising, and
payment services. These providers have limited access to the user's data, as part of the
performance of these services, and have a contractual obligation to use them in accordance with
the provisions of the applicable data protection regulations;
- if the law so requires, the website
may transmit data to follow up on complaints filed against the website and comply with
administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset sale, or judicial reorganization procedure,
it may be required to transfer or share all or part of its assets, including personal data. In this case,
users would be informed, before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software, and physical measures in terms of
digital security to protect personal data against alteration, destruction, and unauthorized access.
However, it is to be noted that the internet is not a completely secure environment and the website
cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights,
which they can exercise by making their request to the following address: ouiwalk@ouiwalk.app
The right of access: they can exercise their right of access, to know the personal data concerning
them. In this case, before implementing this right, the website may request proof of the user's
identity in order to verify its accuracy.
The right to rectification: if the personal data held by the website is inaccurate, they can request the
updating of the information.
The right to delete data: users may request the deletion of their personal data, in accordance with
the applicable data protection laws.
The right to limit processing: users may request the website to limit the processing of personal data
in accordance with the scenarios provided for by the GDPR.
The right to object to data processing: users may object to their data being processed in
accordance with the scenarios provided for by the GDPR.
The right to data portability: they may request that the website provide them with the personal data
that they have provided, to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of
personal data at any time. If a modification is made to this personal data protection clause, the
website undertakes to publish the new version on its website. The website will also inform users of
the modification by email, at least 15 days before the effective date. If the user does not agree with
the terms of the new wording of the personal data protection clause, they have the possibility to
delete their account.
These General Terms and Conditions for online services to individuals were created on the Rocket
Lawyer website.
Annex
Withdrawal form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal form
To the attention of:
ouiwalk,
located at 31 avenue Gazan 06600 Antibes,
telephone number: 0762106864,
email address: ouiwalk@ouiwalk.app.
I hereby notify you of my withdrawal from the service contract, ordered on: .........
First and last name of the consumer: .................
Consumer's address: .................
Date: ..................
Consumer's signature