I. General
1.1. The WITH-BY- (W-B) website, located at https://www.with-by.com/ (the "Website"), is an e-commerce platform created, developed, and managed by WITH-BY- ("WITH-BY-" and/or "we"), a simplified joint-stock company (SAS) with a capital of 1000 euros, registered with the Paris Trade and Companies Register under number 502 155 682, whose registered office is located at 234 rue du Faubourg Saint-Antoine, 75012 Paris, France, and represented by Mr. Johnny Rabines, as President. Our intra-community VAT number is: FR44939957494. You can reach our customer service by email at customers@with-by.com or via our contact form in the "Contact" section of our website.
1.2. The Website is published by WITH-BY-, located at 234 rue du Faubourg Saint-Antoine, 75012 Paris, France. The Website is hosted by IONOS SARL (7, place de la Gare, BP 70109, 57200 Sarreguemines Cedex, 431 303 775 RCS Sarreguemines, tel: 0970 808 911, info@IONOS.fr).
1.3. These General Terms and Conditions of Sale (the "GTC") create a contract between the customer ("Customer" and/or "you") and WITH-BY-. The Customer is an end-consumer, a natural person (and not a company) who purchases WITH-BY- products and accessories (the "Product(s)") for any use other than professional, resale, or distribution. Any purchase made for professional use, resale, or distribution purposes is strictly prohibited. Any person who does not fall within the definition of a Customer must contact WITH-BY- Customer Service by email at customers@with-by.com or via our contact form in the "Contact" section of our website.
1.4. We recommend that you read these GTC carefully before ordering WITH-BY- Products and/or Services on the WITH-BY- Website. By placing an order on our Website, you agree to be contractually bound by WITH-BY- and to comply with the provisions of these GTC and, where applicable, those specific to certain WITH-BY- Services. In addition, you accept WITH-BY-'s General Terms of Use and Privacy Policy, which generally apply to any use of the Website. WITH-BY- reserves the right to modify these GTC at any time and at its sole discretion. The modified provisions of the GTC will take effect on the "Last updated" date indicated at the bottom of this page and will apply to any new offer or order placed, regardless of the previous relationship between WITH-BY- and the Customer. Subject to proof to the contrary, the data recorded on the Website shall constitute proof of all transactions between WITH-BY- and the Customer.
II. Orders on the Website and Payment
Placing an order. 2.1. Orders are placed on our Website. 2.2. WITH-BY- only accepts orders for which delivery will be made in the countries where WITH-BY- sells on its Website. The list of eligible countries may be modified by WITH-BY-. Orders to countries not included in this list cannot be fulfilled by WITH-BY- for the time being. 2.3. The Customer must check that the details of their order and the prices indicated are correct at the time of validating their cart. Once the order has been placed, it cannot be modified, and the Customer will be responsible for it. This will be followed by WITH-BY- sending the Customer an electronic confirmation of their order to the email address indicated during the order (the "Order Confirmation"). The Order Confirmation serves as confirmation of receipt of the order by WITH-BY-, but not its acceptance. WITH-BY- reserves the right to accept or refuse an order, after it has been placed, at any time and for any reason, including but not limited to the reasons mentioned below. 2.4. WITH-BY- reserves the right to modify the price of Products at any time and to correct any pricing errors. When the price displayed on the Website for a Product is clearly erroneous (a low price), WITH-BY- reserves the right to refuse or cancel orders for said Product, even if the Customer has received an Order Confirmation and/or if payment for the order has been made. If you have paid for your order at an incorrect price and your order has been canceled, WITH-BY- will refund the amount of the price paid. 2.5. If the Customer provides incorrect information when placing their order, delays in processing are to be expected. WITH-BY- will in no way be held responsible for delays due to the Customer. WITH-BY- also reserves the right to cancel or refuse any invalid or incomplete order (for example: invalid or missing email address and/or billing or postal address, lack of essential information), in case of Customer insolvency or if there have already been payment problems or disputes with the Customer. In this case, an email notification of cancellation or refusal of the order will be sent to the Customer.
Product availability and fraud control. 2.6. The Customer acknowledges that the Products are offered for sale on the Website within the limits of available stock and production capacities. 2.7. In the event of unavailability of a Product, WITH-BY- undertakes to make its best efforts to inform the Customer before they receive the Order Confirmation. 2.8. To prevent fraud, WITH-BY- reserves the right to (i) request additional information from a Customer and/or (ii) reduce an abnormally high quantity of Products ordered.
Online payment. 2.9. Various secure payment methods are available for the purchase of Products available on the Website, depending on the geographical area where you order your Product, such as payment by debit or credit card, bank transfer, PayPal, or by WITH-BY- e-gift card. The list of different payment methods may be modified by WITH-BY- at any time. The Customer will only be debited once the order is received by WITH-BY- and the Customer has received the Order Confirmation by email. WITH-BY- will not fulfill any Product order until it has validated and received full payment. 2.10. The prices of the Products listed on the Website are indicated in the national currency of the Customer's country of domicile, including all taxes.
III. Delivery and Receipt of Products ordered on the Website
3.1. Delivery costs are covered by WITH-BY- unless the Customer opts for a non-standard delivery method potentially offered during their order, in which case additional costs will be borne by the Customer. The amount of these costs is communicated to the Customer prior to the order validation stage. 3.2. The delivery dates indicated in the Order Confirmation are indicative and depend in particular on the manufacturing time of the Products. In the absence of delivery within thirty (30) days (or a longer period specifically indicated on the product sheet for on-demand manufacturing) from the date of the Order Confirmation, the Customer is entitled to request the cancellation of the sale and will be refunded the amount of the cancelled order as well as any delivery costs. 3.3. Delivery will be deemed to have been made when the Product is delivered by the carrier, under its sole responsibility, to the address indicated by the Customer. In case of a problem with the package delivery, WITH-BY- will contact the carrier to conduct an investigation, which may take up to thirty (30) days. After this period, a decision will be made by WITH-BY-, based on the results of the investigation and at its sole discretion. 3.4. If no one is available at the Customer's address to receive the delivery, the carrier will leave a delivery notice to the Customer with instructions to reschedule delivery for a specified period or to collect their order at a nearby relay point. 3.5. If the Customer cannot receive their order during the period the package is available at a relay point or does not accept a rescheduled delivery, WITH-BY- reserves the right to cancel the order and consequently refund the Customer (minus return costs) and put the Product back on sale. 3.6. Without prejudice to the legal warranty for Products resulting from applicable law, the Customer must check the apparent condition of the package and the Product upon receipt. 3.7. If the Product and/or its packaging is visibly damaged at the time of delivery (shipping damage), it is the Customer's sole responsibility to refuse delivery, make precise handwritten reservations on the delivery note, and immediately inform WITH-BY-. 3.8. The Customer must report any damage due to transport (crushed, open package, broken product) within a maximum of three (3) working days from the date of receipt. For conformity defects (breakdown, product not matching the description), legal warranty periods apply (see section VII). 3.9. If the Customer does not decline delivery of a Product whose packaging is visibly damaged without making reservations, recourse against the carrier may be limited.
IV. Retention of Title and Transfer of Risks
Retention of Title. 4.1. Unless otherwise agreed in writing, ownership of the Products sold is transferred to the Customer upon receipt by WITH-BY- of full payment, including any delivery costs and taxes. In the absence of payment for the order by the Customer, WITH-BY- reserves the right to reclaim the Products, at the Customer's sole expense, or to suspend their delivery. Transfer of Risks. 4.2. The transfer of risks relating to the Products to the Customer occurs upon receipt of the Products by the Customer at the address indicated in the Order Confirmation.
V. Right of Withdrawal
Time limit for exercising the right of withdrawal. 5.1. In accordance with articles L. 221-18 and following of the French Consumer Code, the Customer has a legal right to withdraw within fourteen (14) calendar days from the day after receipt of the Product purchased on the Website. In the case of an order for several Products delivered separately, the period runs from the receipt of the last Product by the Customer. If the fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
Extension of the Christmas returns period 5.1.1. Products purchased on with-by.com between December 1st and December 24th of the current year can be returned until January 31st of the following year. All other general conditions provided in WITH-BY-'s General Terms and Conditions of Sale still apply.
Conditions for exercising the right of withdrawal. 5.2. To exercise their right of withdrawal, the Customer must contact WITH-BY-, within a maximum of fourteen (14) days following receipt of their order, via the contact form available on the Website or by email at customers@with-by.com. 5.4. If the Customer exercises their right of withdrawal, the return costs are at their expense, unless otherwise explicitly stated by WITH-BY-. The Customer must return the goods no later than fourteen (14) days after communicating their decision to withdraw. The Customer is responsible for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of these goods. 5.5. All returns must be made according to Customer Service instructions. We recommend using a carrier that provides a tracking number. If the Product is lost or damaged during return transport organized by the Customer, responsibility lies with the Customer. 5.6. In case of suspected fraud or abuse, WITH-BY- reserves the right to refuse a refund or request additional documentation before proceeding with the refund. 5.7. The return must be complete (Product, accessories, instructions). If the return is incomplete or if the product has been damaged by the Customer beyond simple testing, WITH-BY- reserves the right to apply a discount on the refund corresponding to the loss of value of the Product. 5.8. The Product must be returned to the address that will be communicated to the Customer by Customer Service when validating the return request. 5.9. Subject to compliance with the conditions provided in this section, WITH-BY- will refund the Customer the total amount of the order (including standard delivery costs) within fourteen (14) days from the recovery of the Product or proof of its shipment. The refund will be made according to the payment method used when ordering.
VI. Force Majeure
WITH-BY-'s liability is expressly excluded, and a breach of its obligations or a violation of these GTC cannot be asserted against WITH-BY- in the event of losses, damages, or delays suffered by the Customer resulting from causes beyond WITH-BY-'s control, including but not limited to, cases of force majeure, wars, riots, natural disasters, epidemics, strikes, telecommunication failures, or power outages.
VII. Warranty
WITH-BY- Commercial Warranty 7.1. Without prejudice to the Legal Warranty, WITH-BY- guarantees the Products for a period of twenty-four (24) months against any material manufacturing and material defects, subject to normal use of the Product (the "WITH-BY- Warranty"). 7.2. The WITH-BY- Warranty begins from the date of receipt of the Product. 7.3. The WITH-BY- Warranty does not cover damage resulting from normal wear and tear, accident, mishandling, inappropriate or negligent use (shock, fall, immersion), or intervention by an unauthorized third party. 7.4. To activate the warranty, the Customer must contact Customer Service. The Product must be returned carefully protected, ideally in its original packaging or in packaging offering equivalent protection for transport. If the Product arrives broken at customer service due to insufficient packaging by the Customer, the warranty may be refused. 7.5. WITH-BY- covers return costs in the event of a proven defect under warranty. 7.6. WITH-BY-, at its discretion, will repair the Product or replace it with a replacement product of equivalent characteristics. Replaced parts become the property of WITH-BY-. 7.7. As part of its CSR policy, WITH-BY- reserves the right to use certified recycled components for repair.
Legal Warranty 7.10. Regardless of the commercial warranty, WITH-BY- remains liable for conformity defects of the Product under the conditions provided in articles L. 217-1 and following of the French Consumer Code, as well as for hidden defects of the sold product under the conditions provided in articles 1641 and following of the French Civil Code. 7.11. In the event that a Customer finds a defect, they must contact WITH-BY- via the Contact section of the Website or by email. 7.12. The consumer benefits from a period of two years from the delivery of the goods to act. They can choose between repair or replacement of the goods, subject to the cost conditions provided by article L. 217-9 of the French Consumer Code. They are exempt from providing proof of the existence of the conformity defect of the goods during the 24 months following delivery of the goods.
Appendix to article D. 211-2 of the French Consumer Code: The consumer has the right to invoke the legal conformity warranty in the event of a conformity defect appearing within two years of delivery. The consumer may obtain a price reduction or cancellation of the contract if the professional refuses to repair or replace the goods, or if this does not occur within 30 days. The consumer also benefits from the legal warranty against hidden defects (article 1641 of the Civil Code) for two years from the discovery of the defect.
VIII. Limitation of WITH-BY-'s Liability
8.1. WITH-BY- cannot be held responsible for damages resulting from improper use of the Product by the Customer. 8.2. WITH-BY-'s liability to the Customer shall not be limited or excluded (i) in case of death or personal injury caused by WITH-BY-'s negligence, (ii) for fraud, or (iii) for any cause that cannot be excluded by law. 8.3. WITH-BY- is not responsible for delivery delays attributable to the carrier (except in its capacity as the responsible sender to the consumer). 8.4. WITH-BY- is not responsible for products sold by unauthorized resellers.
IX. Data Protection
9.1. WITH-BY- collects and processes the Customer's personal data (name, address, email, phone) for order management, delivery, and invoicing. 9.2. This data may be communicated to WITH-BY-'s service providers (carriers, payment solutions) necessary for the execution of the order. 9.3. In accordance with the GDPR and the Data Protection Act, the Customer has a right to access, rectify, erase, and portability of their data. To exercise this right, the Customer can contact WITH-BY- at customers@with-by.com. 9.4. For more details on the management of cookies and data, the Customer is invited to consult our Privacy Policy accessible on the Website.
X. Anti-Fraud Measures
10.1. As part of the fight against internet fraud and to ensure the security of transactions carried out by our customers:
- Order verification: WITH-BY- reserves the right to verify personal data and request supporting documents.
- Risk Analysis: Transactions are subject to automated analysis (Shopify, Stripe, etc.).
- Right of Suspension: WITH-BY- reserves the right to suspend any order presenting a high risk.
- Reporting: Any attempt at fraud will be prosecuted.
10.3. WITH-BY- may request additional information and documents from the Customer. In the event of non-compliance within the given timeframe, WITH-BY- may be forced to cancel the order.
XI. Governing Law, Mediation, Jurisdiction
11.1. These GTC are governed by and interpreted in accordance with French law. 11.2. In the event of a claim not resolved amicably by WITH-BY-, and in accordance with Article L.612-1 of the Consumer Code, the Customer may have recourse free of charge to the consumer mediation service to which we belong: CNPM - MÉDIATION CONSOMMATION. This mediation service can be contacted:
11.3. The Customer is informed that recourse to the mediator can only take place after having first attempted to resolve the dispute directly with WITH-BY- by means of a written complaint. 11.4. Failing amicable resolution, any dispute relating to the interpretation or execution of these GTC will be submitted to the competent courts under the conditions of common law (generally the court of the defendant's place of residence or the place of effective delivery of the Product).
