Terms of Sales 

These terms of Sale apply, without restriction or reservation, to all sales concluded solely by the consumer on Wake Up websites.

They can be printed and kept by the customer.

Consequently, the fact for the customer of ordering a product offered for sale on the Wake Up sites implies full acceptance of these general conditions of sale of which the customer acknowledges having read prior to his order.

In accordance with article L.111-1 of the Consumer Code, Wake Up communicates to the customer the following information:

 

Customer 

Wake Up offers the sale of its products on its websites to consumers who have the legal capacity necessary to place an order (hereinafter “the Customer”). Wake Up cannot be required to verify the legal capacity of each client.

 

Products 

The customer becomes aware of the essential characteristics of the products he wishes to order.

The products offered for sale on Wake Up's websites constitute Wake Up's offer, which reserves the right to modify this offer at any time and to change the list and ranges of its products.

The photos of the products presented on the Wake Up site are not contractual. However, Wake Up ensures that the photos and drawings faithfully reproduce the product and do not contain ambiguities regarding the notions in particular of dimension, weight, quality.

The lists of ingredients used in the composition of Wake Up brand products are regularly updated. Before using a Wake Up brand product, the Customer is invited to read the list of ingredients located on the packaging to ensure that the ingredients are suitable for their personal use.

The products are aimed at healthy people. It is exclusively up to the customer to seek the assistance of advice if he does not consider himself sufficiently informed.

 

Seller 

Wake UP is a brand of the company Fontviva SLU , with its registered office in Xixerella, carrer Ramon Armengol 4, Erts La Massana Andorra, registered under the number K-714507-L, business number 929686, Jeinafter with intra-community VAT number FR 509 184 908 14, hereafter “Seller”

Prices 

The sales price of the products indicated in euros is that in force at the time the order is placed. These prices do not include preparation and delivery costs, invoiced in addition to the price of the products purchased, according to the terms defined below and as indicated to the Customer at the time of validation of the order. Prices include value added tax applicable on the day of the order.

In particular, specific shipping costs per country will be applied according to transport costs per geographic area.

For deliveries to the French Overseas Territories (Martinique, Guadeloupe, Guyana, Réunion), and countries outside the EEC, the prices indicated do not include local taxes, customs duties which could be requested from the customer at the time of delivery of the order.

The offers presented by Wake Up are valid as long as they are announced on the site and while stocks last. Indications of product availability are provided at the time the order is placed, where applicable.

Wake Up reserves the right to modify its prices at any time, but the products ordered are invoiced at the price in effect at the time of the order.

 

Payment

The Customer has the possibility of checking the details of his proposed order and correcting any errors before validating his order.

From the moment the Customer confirms his order by clicking on the payment icon, he is considered to have knowingly accepted the content and conditions of the order and in particular these general conditions of sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the customer.

The sale will be final at the time of confirmation of the order by the Customer, without prejudice to the exercise by the Customer of his right of withdrawal (the terms of which are described below). This order will be confirmed by Wake Up by sending an email to the Customer containing all the information previously provided. Wake Up recommends that the Customer keep this email.

To make purchases on the Site, the Customer first creates a customer account. To create his account, the Customer provides his title, surname, first name, telephone number, email address, exact delivery address (floor, city, postal code, relay point). These elements are confidential. He is committed to providing true and honest information. In addition, he undertakes to inform the Seller of any change concerning said information.

This information is necessary for order management as well as for the commercial relationship between the Seller and the Customer.

The Seller is not responsible for entry errors and the resulting consequences (delay and/or delivery error). In this context, the costs incurred for reshipping the order are the responsibility of the Customer.

The Customer guarantees to the Seller that the means of payment used is valid and is not the result of a fraudulent transaction.

Only payment methods offered on Wake Up sites are accepted.

 

Payment security

When paying, the customer is automatically redirected to the secure online payment system chosen by the Seller. The Seller has no confidential information on the payment method used by the Customer. If the Customer wishes to keep the banking details relating to his transaction, it is his responsibility to record and print the payment certificate.

All banking transactions are carried out on Wake Up sites in a manner that complies with international standards for securing online payment by encryption of information in order to protect all data linked to personal information and means of payment.

 

Wake Up reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the customer, payment incident and/or fraud in the use of the site or the payment method chosen by the customer.

Transaction control

For the purposes of controlling orders, Wake Up may contact the customer by any means, with a view to validating a transaction and may, if necessary, request any supporting document deemed useful (relating to identity, and /or at home and/or by means of payment used), it is up to the Customer to provide the required supporting documents as soon as possible.

The customer is informed that the delay, failure or refusal to transmit the requested supporting documents will result in the cancellation of his order. Upon receipt of supporting documents and in the event of confirmation of the order by Wake Up, the delay in transmitting the documents requested by the customer will delay delivery of the order accordingly.

 

Bill 

An invoice is issued for each order. It is available in digital format on the Site for download or printing.

 

Delivery 

Delivery of the order is carried out by third-party transport providers mandated by the Seller.

The products are sent to the delivery address indicated by the Customer during the order process. Any order returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the customer's expense.

The order is delivered in one go. However, the Seller reserves the right to split the Customer's order into several shipments, at no additional cost to the Customer.

The recipient can trace their package using the package number they receive by email.

The Customer can choose delivery to their home or to a Relay Point.

The package is delivered directly to the delivery address, either to the recipient of the order, or failing that and at the initiative of the carrier to any other person present at the address who agrees to take delivery (a neighbor, a caretaker or concierge). In this case, the contact details of the latter will be indicated on a notice delivered to the mailbox at the address indicated.

When the package cannot be delivered according to the terms provided above, a notice of pending notice is left by the carrier in the recipient's mailbox indicating the carrier's contact details to arrange a delivery appointment.

In the event of delivery by Point Relais, the packages are available to the recipient for a period of 6 to 14 days depending on the relays. Packages that are not collected at the end of this period are returned to the Seller.

Any order validated and transmitted to the carrier cannot be canceled, except in the case where the Customer decides to exercise his right of withdrawal, according to the terms specified below.

When collecting their order, the Customer is invited to check the general condition of their package before signing and in the event of damage to refuse it. Signature constitutes acceptance of the packages as is.

 

Delivery time

Except in cases of force majeure, or due to a third party, the Seller endeavors to respect delivery times. In the event that the deadlines cannot be met, the Customer is informed by the Seller, by any means, in particular by email, SMS or telephone.

Delivery time is estimated at 7 working days for Mondial Relay and DPD.

Delivery time via GLS is estimated at 3 working days.

In the event of a delivery delay, the Seller suggests that the Customer notify him of this delay by contacting the Logistics Department in order to agree on the best solution together.

Upon delivery of the order to the Customer at the address indicated and after signing the delivery note by the Customer, the Seller has fulfilled its delivery obligation. The Seller therefore declines all liability in the event of subsequent loss or theft.

 

Dispute management and product returns

In the event of an incident during delivery or a dispute, the original packaging must be kept until the problem is resolved. The Seller advises the Customer to inform its Logistics Department within a maximum of 48 hours from delivery to the address indicated on its site. The Seller undertakes to provide a response to any request or complaint within a maximum period of ten (10) days from the date of receipt thereof.

 

The returned product(s) must be in perfect resalable condition. Any product incomplete or damaged by the Customer following handling other than those necessary to establish its nature, characteristics and proper functioning will not be refunded. The Seller recommends that the Customer indicate the invoice number to which the products relate and the return number on the package.

Reservation of title 

Wake Up reserves ownership of the products delivered until full payment of the price.

 

Responsibility 

Wake Up undertakes to ensure the proper performance of the obligations resulting from the contract. However, Wake Up may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Client or to the unforeseeable and insurmountable act of a third party to the contract, or a case of force majeure (e.g. strikes, accidents, riots, fire, etc. constituting unforeseeable and irresistible events).

Wake Up cannot be held liable in the event of inconvenience or damage resulting from the use of the Internet network. The Seller reserves the right, without notice or compensation, to temporarily or permanently stop a service or all of the services offered from the Site and online stores, as well as to make all modifications and improvements that it may require. deems necessary or useful.

It is the Customer's responsibility to protect their technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, and to carry out any backup of their data. The Seller cannot be held responsible for this.

 

Service and complaints handling 

For any questions or complaints relating to the execution of the contract, the customer can contact Wake Up Customer Service, the address of which appears on the Wake Up sites.

 

Product availability 

The Seller does its best to ensure product availability. Product offers are valid as long as they are announced on the site and while stocks last. Information on product availability is provided to the customer at the time of ordering. If a product in the order is not available at the time of preparation, Wake Up will automatically send an email to the Customer.

The customer will then be able to:

  • replace the out-of-stock product with a product of the same amount (except in the case of a free product)
  • receive the rest of their order without the out-of-stock product, the amount will then be deducted from the total of the order and will not be invoiced to the customer (except in the case of a free product)
  • cancel the entire order.

Legal product guarantees 

Wake Up respects all of its legal guarantee obligations such as the legal guarantee of conformity provided for in articles L211-4 et seq. of the Consumer Code and the guarantee for hidden defects provided for in articles 1641 et seq. of the Civil Code.

In the event of a lack of conformity (goods unsuitable for the use usually expected of a similar good, which does not correspond to the description given by the seller or which does not possess the qualities announced by the seller or agreed with you) or defects hidden (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 only paid a lower price for it , if he had known them) of the product and in compliance with the conditions set by law, the Customer can send his complaint to Wake Up customer service.

Wake Up reminds its customers that products must be stored away from heat and humidity and are subject to an expiration date. Products which have not been stored under the aforementioned conditions will therefore be excluded from the guarantee.

 

Return under the right of withdrawal 

In accordance with article L121-21 of the Consumer Code, the customer has the legal right to withdraw from this contract without giving any reason within fourteen (14) calendar days from the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the products by signing the delivery note.

To exercise the right of withdrawal, the customer must notify his decision to withdraw from this contract by means of a declaration by email to the Quality Department whose address is indicated on the Wake Up Sites.

For subsequent orders of the same product, the legal right of withdrawal no longer applies.

Wake Up will refund the products, plus shipping costs calculated on the basis of the least expensive standard rate offered by Wake Up on its sites. Wake Up may defer payment until it has received the products in return.

 

Confidentiality, protection of personal data

Wake Up collects and processes personal data concerning the customer in computerized form, as part of order management as well as for other purposes detailed below. The Customer has a right of access, rectification, deletion, limitation and portability of his information as well as a right of opposition, and withdrawal of his consent, at any time, in particular concerning the receipt of our personalized offers.

The Customer can exercise this right by contacting Wake Up directly through its sites.

He can subsequently lodge a complaint with a supervisory authority. In France :

the CNIL 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07. Tel: 01 53 73 22 22).

The Customer's data is collected and processed by the Seller for the purposes detailed below:

  • Management of the relationship with the Customer, optimization of the user experience, response to requests and possible complaints from the Customer
  • Management of the Customer's consent and authorizations concerning the use of their personal data, in particular for sending newsletters and commercial solicitations electronically in application of the GPRD personal data regulations.
  • Management of the risk of fraudulent use of Customer data
  • Analyzes or statistics in response to surveys or requests carried out by public interest organizations, or administrations, or administrative or judicial authorities (example in the case of food risk)
  • Trace and administer the evidence that the Seller must provide in application of its legal or regulatory obligations or for needs related to litigation management (e.g. the necessary evidence concerning the exercise of the Customer's rights, evidence relating to orders)
  • Manage possible disputes, in particular related to the recovery of sums possibly owed by the Client in the event of payment incidents
  • Comply with the legal, tax or regulatory obligations applicable to the Seller's activity
  • Technical, organizational or cybersecurity operations related to anomaly detection and securing your data as well as our information systems from which your data is processed.

This data will not be accessible to the public.

The data processed by the Seller comes from:

  • of the Customer's account
  • of the Customer's activity with the Seller, in connection with its suppliers and partners - social networks in connection with the Seller.

Data retention period

The data collected concerning the Customer will be kept for the duration necessary to achieve the purposes above, increased by the legal limitation period.

 Some may be retained for longer due to specific legal obligations or with regard to applicable legal limitation periods. For example, data may be kept for:

  • 6 years for tax documents
  • 10 years for accounting documents
  • the entire duration of the dispute and until all avenues of appeal have been exhausted

Finally, in the event of exercise of their rights by the persons concerned, the data relating to identity documents may be kept for the applicable legal limitation periods, i.e. for a maximum period of 3 years.

 

Cookie management 

When consulting Wake Up sites, information relating to the navigation of the Customer's terminal (computer, tablet, smartphone, etc.) may be recorded in text files called "Cookies", installed on their browser.

Unless the Customer decides to deactivate cookies, he accepts that the Site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you on the site.

Cookies allow the Seller, in particular:

  • to measure and analyze attendance and use of the Site, its sections and Services offered,
  • to memorize the display preferences of the Customer's browser and to adapt the presentation of the Site during their visits, according to the viewing or reading hardware and software that their terminal includes and which are used for navigation on the Site navigation,
  • to memorize information relating, for example, to a form that the Customer has completed or to a service (registration, access to your account) or information that he has chosen (services subscribed to, contents of his basket),
  • to allow the Customer to access reserved areas of the Site or the Seller's Services, such as his personal account, using identifiers or personal data concerning the Customer and previously communicated by him, allowing him, where applicable, to access personalized content,
  • to implement security measures,
  • to send the Customer personalized messages specifically intended for them.

 

The Seller may include on its Site computer applications from third parties, which allow it to share content from the Site with other people or to make these other people aware of the Customer's consultations or their opinions concerning content of the Site. Site. This is particularly the case for “Share”, “Like” buttons from social networks such as Facebook, Twitter, Instagram, etc.

The social network is likely to identify the Customer using this button, even if the Customer did not use it when consulting the Site. This type of application button can allow the social network concerned to follow navigation on the Site, simply because the social network account is activated on the browser (open session) of the Customer while browsing the Site.

The Seller has no control over the process used by social networks to collect information relating to the Customer's navigation on the Site and associated with the personal data they have. The Seller recommends that the Customer consult the conditions of use of their data on these social networks.

 

Intellectual property 

The Seller is the owner of all intellectual and industrial property rights relating to the websites and the Wake Up brand or holds the related usage rights.

Access to this website does not confer on the Customer any right to the intellectual property rights relating to the site which remains the exclusive property of the Seller.

The general structure of the site, but also the elements accessible on the site, in particular in the form of texts, photographs, animated or non-animated images, icons, maps, sounds, videos, software, database, data and all other elements making up the site. site are the exclusive property of the Seller.

The Client may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever, all or part of the site without the prior written authorization of the Seller.

 

Disputes 

In the event of disputes, the Customer may, first of all, contact the Seller's Customer Service in order to seek an amicable solution.

In the absence of an amicable agreement between the Parties, the dispute will be submitted to the Andorran courts, unless otherwise provided by law.

 

Modification of these terms of sale 

Wake Up reserves the right to modify the content or characteristics of these general conditions of sale at any time. Each order gives rise to acceptance of the general conditions of sale in their current version. If the general conditions of sale are modified, they will only apply to orders concluded as of said modifications.

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and reach.