General Terms and Conditions of Sale
Legal Information
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, the identities of the various parties involved in the creation and management of this website are set out below.
The website www.willythomas.com is published by:
- Company name: WILLYTHOMAS – Simplified Single-Member Joint-Stock Company (SASU)
- SIREN: 981 359 961
- SIRET (registered office): 981 359 961 00019
- Legal form: SASU – Simplified Single-Member Joint-Stock Company
- VAT number: FR12981359961
- Email: info@willythomas.com
- Address: 14 Passage du Caire, 75002 Paris, France
These General Terms and Conditions of Sale (hereinafter "GTC") define the contractual rights and obligations of the seller and the customer in the context of a remote and electronic sale of goods and products.
The GTC exclusively govern the relationship between the seller and the customer. They express the entirety of the parties' obligations. The customer is deemed to accept them without reservation; failing which, their order will not be validated.
In case of doubt regarding any condition of sale, the practices in force in the distance selling sector for companies with their registered office in France, as well as the Consumer Code, shall apply.
The seller reserves the right to occasionally modify the GTC. Changes will take effect upon publication online.
Article 1 – Catalogue or Online Store
Through the website, the seller provides the customer with a catalogue or online store accurately presenting the products for sale. Product photographs do not have any contractual value.
Products are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the seller's liability cannot be engaged on that basis.
Products are offered subject to available stock. The prices and applicable taxes for the sale of products are specified in the catalogue or online store.
Article 2 – Prices
The seller reserves the right to modify prices at any time by publishing them online. Only the rates in force at the time of the order shall apply, subject to product availability on that date.
Prices are shown in euros (excluding tax and including all taxes). They take into account the taxes applicable on the date of the order. Any change in tax rates will automatically be reflected in the prices of products listed in the catalogue or online store. If one or more taxes or contributions — including environmental ones — are introduced or modified, such changes may be reflected in the selling price of products.
The total amount of the order (including all taxes) is indicated prior to final validation of the order form. Full payment must be made at the time of ordering.
Article 3 – Online Order
The customer may complete an online order form via an electronic form. By doing so, the customer accepts the price and description of the products.
The customer must click in the designated area to accept these GTC for their order to be validated. The customer must provide a valid email address, through which all communication with the seller may take place.
The customer must also choose a delivery method and confirm their payment method. The seller reserves the right to place a hold on the customer's order in the event of non-payment, an incorrect address, or any other issue with the customer's account, until the issue is resolved.
Article 4 – Order Confirmation and Payment
This is an order with a payment obligation, meaning that placing an order requires payment by the customer.
4.1 Payment
The customer makes payment at the time of final order validation by providing their bank card number. The customer guarantees to the seller that they have the necessary authorisation to use this payment method and acknowledges that the information provided constitutes proof of consent to the sale and to the amounts due.
In the event of a dispute or fraudulent use of a bank card without physical use of the card (use of the card number only), any person may contest the transaction within 70 days from the date of the operation. To do so, please write to our support team at contact@willythomas.com with the subject line: Fraudulent use of my bank card. This right only applies if no actual use of the service provided has taken place.
Any dispute not submitted in accordance with the above rules and within the specified timeframe will not be considered, and the seller will be released from all liability.
The seller has implemented an order and payment verification procedure to provide reasonable protection against fraudulent use of a payment method. In the event of a refusal of authorisation or non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully settled a previous order or with whom a payment dispute is ongoing.
4.2 Confirmation
Upon receipt of the purchase validation and payment, the seller will send the customer a confirmation of the order form and a copy of the contract to the email address provided.
The seller is required to send the customer an invoice upon delivery. Delivery time is 48–72 hours.
Article 5 – Electronic Signature
In accordance with Law No. 2000-230 of March 13, 2000, the online submission of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement and express acceptance of all operations carried out, as well as acknowledgement that the amounts due are payable.
Article 6 – Proof of Transaction
Communications, orders, and payments between the customer and the seller may be proven through computerised records stored in the seller's computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium, considered in particular as a means of proof.
Article 7 – Payment Methods
All payment methods available to the customer are listed on the seller's website. The customer guarantees to the seller that they have any necessary authorisations to use the payment method chosen at the time of placing the order.
Article 7 – Returns Policy
You have a right of withdrawal of fourteen (14) days from receipt of your order to return items without having to justify a reason. Under Article L 121-21-8 5° of the Consumer Code, this right of withdrawal cannot be exercised if goods have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.
Damaged or Non-Conforming Products
In the event of delivery of an item that does not conform to your order or was damaged during transport, please contact us using the form in the after-sales service help section upon receipt of the parcel. A photo will be requested. We undertake to send you a replacement product or to fully refund the price of the item. The exchange or refund will be processed upon receipt of the damaged product in its original packaging.
Return Deadline
If we agree to replace a damaged or non-conforming product, you must return it to us within 15 days of the date on which we confirmed the replacement. Failure to do so within this period entitles us to charge the equivalent amount (including VAT) to the bank card used for the order. In such a case, a second sale under a suspensive condition will be deemed to have been completed.
Article 8 – Right of Withdrawal (Distance Sales Only)
The consumer has a period of fourteen (14) days from receipt of their order to exercise their right of withdrawal without having to justify any reason or pay any penalty, except, where applicable, for the cost of return shipping.
No withdrawal will be accepted — for obvious hygiene reasons — if the boxes, packaging, or containers of products from the Willy Thomas range (or any other brand sold on the Willy Thomas website) have been opened or unsealed prior to their return.
Article 9 – Force Majeure
The parties shall be exempt from their obligations in the event of a force majeure circumstance as defined by Article 1218 of the Civil Code that prevents performance. The party invoking such a circumstance must notify the other party immediately upon its occurrence and upon its cessation.
Force majeure events include all irresistible, unforeseeable, and unavoidable facts or circumstances that cannot be prevented despite all reasonably possible efforts, as defined by French case law, including: blockage of transport or supply means, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.
If the force majeure event lasts more than three months, these GTC may be terminated by the injured party.
Article 10 – Partial Invalidity
If one or more provisions of these GTC are declared null and void by application of a law, regulation, or final decision of a French court, the remaining provisions shall retain their full force and effect.
Article 11 – Applicable Law and Jurisdiction
The seller is established in France on a stable and permanent basis to effectively carry out its business activity. Accordingly, these GTC are subject to French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer shall first contact the seller to seek an amicable resolution. In the absence of an amicable agreement:
- A customer acting as a consumer may initiate proceedings before the court of their choice.
- A customer acting as a professional may initiate proceedings before the court of the jurisdiction where the seller's registered office is located.