Terms & Conditions

Last update: 25/01/2024

Preamble

These general terms and conditions of sale, hereinafter referred to as the "Terms & Conditions", govern all relations between :

on the one hand, the company Wopilo Better Path (SAS with capital of €1,856.44, whose registered office is located at 76 avenue de Wagram, 75017 Paris, registered in the Paris Trade and Companies Register under number 827 485 467), hereinafter referred to as "the Seller"

and

on the other hand, natural persons, in their full legal capacity, wishing to make a purchase via this Internet Site*, hereinafter referred to as "the Buyer" or "the Buyers".

Purchases concern material products, hereinafter referred to as "the Products" or "the Product".

*: this Internet Site shall be deemed to be the one bearing the "Wopilo" sign accessible via its main URL wopilo.eu and shall hereinafter be referred to as "the Site".

The General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded between the Buyer and the Seller on the said Website through the conclusion of an online contract, hereinafter referred to as "the Contract", between them.

The Buyer and the Seller will hereinafter be referred to as "the Parties".

The Site is the property of Wopilo Better Path SAS in its entirety, together with all related rights. Any reproduction or use, in whole or in part, for any reason whatsoever, for commercial or non-commercial purposes, is prohibited. However, hypertext links to the Site are authorised without specific request.

The Site mentions the following information:

The (non-exhaustive) characteristics of the Products and services offered. Main characteristics such as dimensions, main material(s), finish(s), technical specification(s), illustration(s) and category(ies) of use of the Products.
The prices (see article 4)
The period of validity of the offer and the price
The terms of payment, delivery or performance
The existence of a right of withdrawal.

The main characteristics of the Products are presented on each page of the said Products on the Site. The Buyer must familiarise himself/herself with these before entering into the Contract.

Recommendations may be made by the Seller based on certain lifestyle habits of the Buyer (e.g. sleeping position). These recommendations are in no way intended to replace medical advice. It is the sole responsibility of the Buyer to choose the Product that best suits his/her needs.

These GCS are presented in English.

The site's legal notices can be accessed by clicking here.

Article 1 - Conclusion of the Contract

1.1 Purpose and scope of application

The purpose of these GCS is to define the rights and obligations of the parties in the context of a distance sale of Products and services offered on the Site.

They apply to all sales of Products and services offered on the Site, whether the order has been placed by telephone, by post, by e-mail or by Internet, it being understood that the Seller reserves the discretionary right to refuse to make a sale by a means other than that represented by the Site (a process commonly referred to as "e-commerce"); the other means mentioned being reserved in the event of technical impossibility for the Buyer to use the Site.

The Buyer acknowledges that, prior to or at the time of placing the order, he/she has read all of the aforementioned information and the General Terms and Conditions of Sale. The Buyer expressly declares that he/she accepts them in their entirety, without reservation.

Acceptance of the GTCS takes effect when the order is validated. The applicable GCS are those in force on the day the order is validated by the Buyer.

The Vendor reserves the right to modify the GTC at any time and without prior notice, in which case the modifications will be applicable to all orders placed after this modification, once posted on the Site.

As a consumer, the Buyer has specific rights governed by the law in force and in particular by the Consumer Code. The legal provisions for the protection of the consumer, including those referred to in the body of these GCS (for example, the right of withdrawal) shall not apply to any sale to a professional customer in the exercise of his professional activity.

1.2 Carrying out the order

Except in the specific cases referred to in article 1.5, orders are placed exclusively online on the Site by the Buyer.

The Buyer browses the various pages of the Site to find out about the Products available for sale. Each Product has a dedicated page containing the main characteristics described in the Preamble.

The Buyer may add the Product(s) to his/her virtual basket by clicking on the add to basket button. Once their basket has been completed, they go to the "Basket" page, which summarises the composition of their basket (quantities, price, sub-total and total before discount and carriage, without this list being limitative). Their basket can be modified at this stage.

If the Buyer is satisfied with the basket, he/she clicks on the "Order" button to go to the "Check-out" page, where the contract is validated.

1.3. Validation of the Contract

Once the Buyer has reached the "Check-out" page, they must choose between using the "Quick" payment methods ("Quick payment by Paypal", "Amazon Pay", "Apple Pay", "Google Pay", "Shop Pay", without this list being exhaustive and depending on the availability of these services (cf. article 5)) or providing the information required to deliver their order:

E-mail
Name and first name
Delivery address

The e-mail serves as the Buyer's unique identifier so that the Seller can process the order electronically.

The delivery address is essential for the proper performance of the Contract. It is the Buyer's responsibility to ensure that the information provided is accurate (surname, first name, address, additional address, postcode, town, country, company, if applicable, optional elements such as digicode, floor, etc.).

The delivery address is also used by the Site to calculate automatic delivery charges.

Once all the details have been entered, the Buyer confirms this step by clicking on the "Continue to delivery" button. The Buyer is then presented with the possible delivery options and their prices (see article 8). The order total is updated according to the delivery option chosen. The Buyer then clicks on the "Payment" button to proceed to payment. The various possible options are displayed (see article 5). If necessary, the Buyer may enter a different billing address from the delivery address.

To confirm acceptance of the Contract and finalise the purchase, the Buyer is invited to click on the "Pay Now" button. By proceeding with this action, it is understood that the Buyer acknowledges and accepts the General Terms and Conditions of Sale (GTCS) associated with his/her purchase, as explicitly stated under the button: "By validating my order, I accept the General Terms and Conditions of Sale". The Contract will only be considered definitively concluded and valid once the payment process has been completed.

By validating his/her order, the Buyer validates the contract. The Vendor reserves the right to cancel or refuse any order from a Buyer with whom there is an ongoing dispute, particularly relating to the payment of a previous order.

The Seller reserves the right to cancel or refuse any order placed by a Buyer using the promotional code system fraudulently.

The Vendor reserves the right to suspend the execution of the order if certain information provided by the Buyer appears to be manifestly erroneous and/or incomplete or in the event of the detection of payment fraud by an automated system. It will then contact the Buyer to verify and/or correct and/or complete the information transmitted in order to resume execution of the order. If it is impossible to contact the Buyer within 7 working days, the Seller reserves the right to cancel the order and thus cancel the Contract.

1.4. Technical means for identifying and correcting errors; responsibilities

At any time prior to the conclusion of the Contract, the Buyer has the option of identifying and correcting any errors made when entering data, by repeatedly being reminded of said data during the ordering process.

Once the order has been placed, the Buyer will receive confirmation of the order by e-mail. They may also, if they have chosen to create a customer account (option available on the "Check-out" page), access this information at any time on the Site.

In the event of an error by the Buyer in entering their contact details or the place of delivery, resulting in the loss of the Product(s), the Buyer remains responsible for payment of the said lost Product(s).

No new order may be placed until the Buyer has paid in full any sums due in respect of previous orders.

In the event of an error on the part of the Buyer in entering his/her contact details or the place of delivery, resulting in the non-delivery of the Products and their return to the Vendor's logistics services, the Vendor may not be held responsible for the impossibility of delivery. In this case, the costs incurred for a new delivery will be borne by the Buyer and may be invoiced at their actual cost.

If an error is discovered after the Contract has been concluded, the Buyer must contact the Seller as soon as possible, although the Seller cannot guarantee that corrections will be taken into account in time to avoid the error materialising.

1.5. Special case of orders placed outside the Internet (by telephone, post or e-mail)

If the Buyer does not wish to place an order over the Internet via the Site even though it is accessible to him/her (for example: lack of comfort with the use of the Internet), the Seller may exceptionally and at his/her discretion decide to accept the conclusion of the Contract by telephone, post or e-mail.

In this case, the Buyer must first have expressly and explicitly notified the Vendor in writing that he/she has read and accepted the GTC in force on the Site at the time the order is placed. This agreement may be sent by e-mail (the e-mail address of which will serve as the unique identifier for the order) to the Seller's contact address in force or by means of the contact form available on the Site or by handwritten letter (signed and dated).

The full details of the Buyer (identity, delivery and invoicing) must be given alongside this agreement. In the case of a postal letter, a unique e-mail address must also be indicated, which will serve as an identifier for the order.

Once acceptance of the GCS has been received, a member of the Seller will select and add the Products to the shopping basket at the Buyer's request, and then select the chosen mode of transport. Before the Contract is validated, the Seller will check off acceptance of the GTCS in its own name on the basis of the Buyer's prior formal acceptance.

If the Site is not accessible to the Buyer and the Buyer has not given written notification of his express and explicit agreement to the GCS, the Contract cannot be concluded.

1.6. Archiving and access to the Contract

The Seller shall archive the GTC by date of update. At the same time, the elements covered by the Contract are automatically recorded by the order management system and time-stamped, as a reliable and durable medium.

If a customer account has been created, these elements are accessible to the Seller via the dedicated space on the Site.

In accordance with article L.213-1 of the French Consumer Code, Wopilo undertakes to keep all documentation relating to an Order for an amount equal to or greater than 120 euros including VAT. This information will be archived for a period of ten (10) years following the date of delivery of the Order. Wopilo guarantees access to this information to the Customer upon request to our Customer Service.

1.7. Proof of the Contract

In the absence of proof to the contrary, the data recorded in the Vendor's automatic order management system constitutes proof of all the elements contracted with the Buyer.

Article 2 - Geographic coverage

The Products sold on the Site can be delivered to the following countries: France, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg and Portugal (this list is not exhaustive).

More generally, the countries listed are deliverable for all Products transportable by standard postal service.

However, as the effective geographical coverage area is specific to each sale, due to the uniqueness of the physical characteristics (weight, dimensions, fragility) of the final parcel(s) to be delivered, it may vary at the Seller's discretion depending on the existing distribution agreements between the Seller's logistics service provider and the carriers under contract with the said service provider.

In other words, it is possible that one of the aforementioned delivery zones may not actually be available for a given order if the transport conditions available for the zone in question are insufficient to cover it.

Due to the "global" nature of the Internet, orders for the Products and services offered on the Site may be placed from any country, and a fortiori from the delivery countries listed above.

The Seller may, however, use filters on the Site to block and/or restrict orders from countries not covered by the offer.

Article 3 - Duration of the offer

The offers contained on the Site are valid for as long as the relevant Products remain online and available for sale, and while stocks last.

Article 4 - Prices

The prices of the Products and the total price to be paid for the Products and services offered are indicated in Euros (€), inclusive of all taxes (local VAT and other applicable taxes, in particular the eco-tax) for the countries of the European Union (eligible or which will be eligible at a later date for delivery). They will be invoiced exclusive of tax for countries outside the European Union that will be eligible for delivery at a later date.

The prices of the Products indicated do not include the contribution to the delivery costs (also known as delivery costs), which are invoiced separately and explicitly before the Contract is concluded. Delivery costs are calculated according to the place and method of delivery chosen by the Buyer. They are offered in a very large number of cases, displayed expressly and explicitly on the Site by clicking on the following link.

However, the prices of the Products include the costs of IT and administrative processing as well as handling, packaging and storage at the warehouse of the Seller's logistics service provider.

A detailed invoice is automatically provided, usually within a few minutes, by e-mail after the purchase (download link to the invoice).

If the order is delivered outside the European Union, it may be subject to taxes and customs duties depending on the country of final delivery and its current trade and customs policy.

It is the Buyer's responsibility to find out about these potential customs duties and taxes before entering into the Contract. Payment of these is the responsibility of the Buyer.

Any change in the applicable VAT rate may be reflected in the sale price of the Products and services offered.

Article 5 - Secure payment methods

The price is paid solely by electronic payment via the Site. Several secure electronic payment methods are available:

Bank cards (Visa, Mastercard, American Express) via Mollie, Payplug, Shop Pay, Apple Pay (this list is not exhaustive)
Paypal
Sofort
Klarna
iDeal

Payments are made via the secure servers of the aforementioned payment partners. No of the Buyer's banking information passes through the Site.

Payments are secured by the latest protocols in force. Via Mollie, the 3DSecure protocol is activated (only for the first payment for Alma). It may not be required depending on the buyer's bank profile validated by an automated process.

For payment by Paypal or by credit card via Mollie, Payplug Amazon Pay, Shop Pay, Apple Pay (this list is not exhaustive), payment is in cash.

The Buyer must then use a bank card whose expiry date allows payments to be made according to the schedule displayed on Alma's secure server.

For a cash payment by credit card, the wording on the statement will be "wopilo.com" or "Wopilo".

Article 6 - Default of payment and retention of title

The Products ordered remain the property of the Vendor until the final and full payment of their price, including postage and taxes, in accordance with the terms of law no. 80 335 of 12 May 1980. This is notwithstanding the date of delivery of the said Products.

The Seller reserves the right to reclaim the Products ordered in the event of non-payment. In this event, and at the Vendor's first request, the Buyer undertakes to return any unpaid Products, at its own expense.

Any attempt at fraudulent use of a means of payment may also result in legal proceedings.

Article 7 - Order availability and lead time

7.1. Availability

Unless otherwise stated on the relevant Product page, the Products are held in stock in the warehouses of the Seller's logistics service provider.

7.2. Order lead time

The order will be carried out within the times specified on the Site, summarised on the "Contact & FAQ" page when the order is placed, unless otherwise specifically agreed between the Parties. "Contact & FAQ" page when the order is placed, unless otherwise specifically agreed between the Parties.

This period is understood to be the time required to prepare the order until it is handed over to the carrier by the Seller's logistics service provider.

The delivery time depends on the day and time the order is placed, which, except in the case of exceptional exogenous circumstances (e.g. a health crisis such as Covid-19), is defined as follows:

For all orders placed from Monday to Friday (excluding public holidays), Products are normally dispatched the same day for all orders placed before noon (French time)
For all orders placed between Friday 12 noon and Monday 12 noon (excluding bank holidays), the Products are dispatched on Monday
In the event of a public holiday, the delivery time is postponed to the next working day

In the event of an exceptional delay in the execution of the order in relation to the current deadline announced on the Site, the Seller undertakes to inform the Buyer as soon as possible and to specify the new execution deadline.

The Buyer will confirm by e-mail his/her choice either to accept the new deadline or to be reimbursed.

When the Buyer orders several Products at the same time and the announced availability times are different (in the case of a Product that is out of stock or on pre-order), the actual preparation time may be the longest, the entire order being prepared when all the Products that make it up are in stock. The Seller reserves the right to split these shipments, the contribution to shipping costs will be invoiced on the basis of a single shipment.

Article 8 - Delivery

The geographical delivery area corresponds to the geographical coverage of the offer. The Products are delivered to the address indicated by the Buyer when placing the order.

As explained in article 1.4, in the event of an error on the part of the Buyer in entering his/her contact details or the place of delivery, resulting in the loss of the Product(s), the Buyer remains responsible for payment of the said lost Product(s).

No new order may be placed until the Buyer has paid in full any sums due in respect of previous orders.

The Vendor reserves the right to choose a delivery method with signature for a certain order amount, without this generating any additional costs for the Buyer.

8.1. Delivery time

The Seller undertakes to take the necessary measures to enable the Products ordered to be delivered as quickly as possible, depending on the delivery method chosen.

The delivery times indicated on the Site are the average times usually taken by carriers, depending on the offer chosen, to deliver the order to the Buyer from the time it is picked up by the Seller's logistics department.

The delivery time is understood to be the total of the preparation time (see article 7.2 - time taken to complete the order) and the delivery time.

Delivery is deemed to have taken place when the Product is handed over to the Buyer. In the event of delivery with the "with signature" option, the delivery note given by the carrier, dated and signed by the Buyer when the order is delivered, will constitute proof of transport and delivery.

8.2. Checking the condition of the parcel on delivery

On delivery, the Buyer or any person authorised to receive the parcel(s) must check the contents, conformity and condition of the Product(s).

Consequently, at the time of delivery, the Vendor recommends that the Buyer check the condition of the parcel(s) and the Products delivered before signing the acknowledgement of receipt of the parcel, where applicable.

In particular, the Buyer must check that the packages and goods are in good condition and conform to the order as soon as they are delivered and, if necessary, express complete and detailed reservations in writing.

If the Buyer or any person authorised to receive the parcel notes any apparent defects or anomalies, he/she must refuse delivery of the Products or issue precise and dated handwritten reservations (the words "subject to unpacking" having no value).The mention of the reservations made, accompanied by all the supporting documents relating thereto - in particular photos - shall be sent to the Seller's customer service department for transmission to its logistics service provider:

Better Path - Wopilo
23 rue Blondel
75002 Paris
France

Or by e-mail to support@wopilo.com

If the service provider responsible for delivering the parcel is the Post Office, the Customer must make a declaration of spoliation at the time of refusal.

To enable the Vendor to exercise its rights and defend its interests, if necessary against the carrier, reservations must be sent to the Vendor in writing, accurately and in detail:

within 3 working days for any visible and apparent disorders, damage or deterioration upon receipt before unpacking (damaged packaging, external signs of deterioration etc.
within 5 working days for any breakdowns, disorders, damage or problems of any kind visible only after unpacking

8.3. Delivery tracking

The Seller informs the Buyer of the delivery status by means of automatic e-mail communications, the information for which comes from the chosen carrier.

A tracking number is also sent when the carrier generates one for the Buyer. The Customer may, if necessary, consult the delivery tracking on the carrier's dedicated website.

If the Buyer notices an anomaly in this tracking, he/she must inform the Seller.

In the case of delivery against signature, a digicode or any other confidential code transmitted to the delivery person will also act as a signature

8.4. Late delivery

All delivery times indicated on the Site are considered to be working days (i.e. Monday to Friday) unless explicitly stated otherwise. In the event of delay, damage, total or partial loss, or any other problem, the Buyer may contact the Seller (via the "Contact Us" section).

In the event of a carrier strike, the Seller will inform the Buyer by e-mail or telephone of the possible delay in delivery if the parcel has already been dispatched, or will find another means of delivery if the parcel is in the process of being dispatched.

In accordance with the provisions of article L114-1 of the French Consumer Code, any "private individual" customer may request the cancellation of the contract in the event of a delay in delivery of more than 7 working days. In this case, the Company will refund the price of the cancelled order within 14 clear days of the request.

8.5. Procedures in the event of the recipient's absence

If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the Purchaser. The order must be collected from the address and in accordance with the arrangements indicated by the carrier, or a second appointment may be made in accordance with the said arrangements. In the event of failure to collect the order or to make a second appointment within the time limit set by the carrier, the order will be returned to the Vendor, who reserves the right to refund the price of the order, with carriage costs being borne by the Buyer.

Article 9 - "Trial nights" offer

9.1. Products purchased

The Seller may offer a "Trial Nights" commercial offer on all or some of the Products offered for sale.

In this case, a number of "trial nights" is expressed and is understood to be in working days from receipt of the order by the Buyer.

During this period, the Buyer may at any time request the return and reimbursement of the Product(s) ordered. To do so, the Buyer must contact the Seller (in particular via the contact form). No justification is necessary, but the Seller will ask the Buyer to understand the reason for the return and refund and will systematically offer advice on use and/or alternative solutions to enable the Seller to fully appreciate the suitability of the Product(s) they wish to return. If the Buyer subsequently requests the return of the Product(s), and the Buyer is still within the trial period, the returns procedure will then be sent to the Buyer.

If a Product is sent by after-sales service, such as an exchange or the dispatch of an additional Product, the period of the "Trial Nights" commercial offer is extended by its initial duration from the date of receipt of the Product by after-sales service.

If no after-sales service action is desired by the Buyer or can be envisaged, or if after after-sales service action, the Buyer confirms his or her wish to be reimbursed, the Seller will send him or her a returns note for delivery to a carrier chosen by the Seller.

Returns are at the Seller's expense (prepaid returns voucher) as part of this offer. However, the Seller reserves the right to cover the cost of returns only once per order in the event of multiple returns.

The Buyer then undertakes to return the Product(s) concerned (as well as any packaging, accessories and documents still in his/her possession) to the carrier within 15 working days. After this period, the Seller reserves the right to refuse the request for return and reimbursement.

On receipt of the returned Product(s), the Vendor will check and then reimburse the Products. The Buyer will be informed by e-mail.

Reimbursement will be made by the means of payment initially used by the Buyer.

No return, or de facto refund, will be made if it is made on the Buyer's initiative without informing the Seller and waiting for the Seller's validation and return slip.

Even more so, the Vendor will not reimburse any return costs advanced by the Buyer if the latter has taken the initiative to return the goods using the carrier of his/her choice.

If the return period is exceeded, the return of the product(s) will not be accepted by the seller.

9.2. Products offered

The Vendor is free to offer, as part of general or individualised commercial operations, certain Products, whether or not they are displayed on the Site, whether or not they are likely to be the subject of an ad hoc Contract.

If the Product(s) offered are linked to the order independently of its content, then the Buyer wishing to return his/her entire order must also return the Product(s) offered.
If the Product(s) offered are linked to one or more Products ordered that do not make up the entire order, then the Buyer wishing to return the Product(s) ordered that made it possible to obtain the Products offered must also return said Products offered.

Failing the return of the said Products offered, the Vendor reserves the right to deduct the value of the missing Products from the refund.

For Products which are available on the Site and which may form the subject of a Contract, the sale value will be retained (reference price in force when the initial Contract was concluded).

For Products which are not available on the Site or which cannot form the subject of an ad hoc Contract, the cost value will be retained (cost price at the time of conclusion of the initial Contract).

Article 10 - Complaints

Claims for non-conformity of the Product(s) delivered with the order must be made in writing (by post or e-mail, or via the contact form) directly to the Seller.

In the event of an error in one or more Products, the Buyer undertakes to contact the Seller as soon as possible. The Buyer must return the Product(s) within 15 working days of receipt, to the address indicated by the Seller, on condition that the Product(s) is/are returned unopened, in their original condition and packaging, with the accompanying documents. The Seller will bear the cost of returning the goods in accordance with the terms and conditions communicated to the Buyer at the time of contacting the Seller.

Upon receipt of the returned Product(s), the Seller will resend, at its own expense, the Product(s) initially ordered. Exception is made in the event of the Product being out of stock or disappearing from the range offered on the Site. In this case, the Vendor will refund the price of the Product to the Buyer (as paid by the Buyer when the order was placed) after offering the Buyer either to wait for the Product to be restocked or a substitute Product, and after these two offers have been refused by the Buyer.

If the complaint relates to all the Products in the order and these are reimbursed, the Vendor will also reimburse any carriage costs paid by the Buyer.

Article 11 - Force majeure

The following are expressly considered to be cases of force majeure, in addition to those usually accepted by case law (war, riot, fire, etc.), total or partial strikes, whether internal or external to the Vendor, governmental or legal restrictions, breakdowns in computer and/or telecommunications resources, including networks and in particular the Internet.

The occurrence of a case of force majeure will initially suspend performance of the order ipso jure.

If, after a period of 3 months, the parties establish that the case of force majeure persists, the order will be automatically cancelled, unless both parties agree otherwise.

Article 12 - Right of withdrawal

The Buyer, as a "private individual" within the meaning of the French Consumer Code, has a right of withdrawal for a period of 14 clear days from the day following receipt of the order.

If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

Products not covered by the "Trial Nights" commercial offer (see Article 9) are subject to the withdrawal conditions set out in this article. The same applies to Products covered by the commercial offer with a number of "Trial Nights" of less than 14 clear days, for the proportion of days in excess of the number of "Trial Nights". In the event that the Customer exercises his/her right of withdrawal, the Products must be returned to the Vendor without undue delay and, at the latest, within 14 working days following communication by the Customer of his/her decision to withdraw.

If the withdrawal takes place after delivery, the Buyer must ensure that the Products returned have not suffered any depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products.

Unless they cannot be returned normally by post due to their nature, the Products must be returned by the Buyer, at his own expense (unless otherwise stated on the page of the Product concerned or decided by the Seller) and accompanied by all their accessories (notices, etc.) so as to enable the Seller to proceed with their resale at a later date. No retraction will be accepted if the Products have become unfit for sale due to the Buyer's own fault.

No return will be accepted if it is taken on the Buyer's initiative without having notified the Seller and awaiting its acknowledgement of receipt (and any instructions).

If the above conditions are met, the Vendor undertakes to reimburse the sums paid, including the initial delivery costs, no later than 14 days from the date on which the Vendor is informed of the Customer's wish to withdraw. This refund date may be deferred until the products concerned have been recovered or until proof of shipment of the products has been provided.

The return address will be indicated by the Vendor to the Buyer after contact has been made.

The refund will be made by the means of payment initially used by the Buyer. However, the Vendor remains solely responsible for deciding on the method of reimbursement.

The Seller may also offer the Buyer a refund in the form of a credit note for a future order on the Site, which the Buyer is free to refuse.

Article 13 - Guarantee

The Products sold are covered by:

The legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order (in accordance with Article L217-4 of the French Consumer Code)
The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use. (In accordance with Articles 1641 to 1649 of the French Civil Code)

The Buyer also benefits from a guarantee against any defects that may be present in a Product delivered for a period of 3 months from the date of delivery, subject to normal use in accordance with the recommendations made in the instruction manual(s) and other document(s) attached to the Product(s).

The Seller shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Buyer, or in the event of normal wear and tear of the Product, accident or force majeure.

The photographs, graphics, illustrations and videos presented on the Site are not contractual and the Seller cannot be held liable for them.

The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

In order to exercise the warranty, the Buyer must inform the Seller, who will then tell him/her how to return the product and initiate the procedure. If the product is not returned, the Seller will not be able to initiate a procedure for reimbursement or replacement of the product.

Provided that the return under guarantee is justified, the Product will be exchanged for an identical Product and sent to the Buyer at the Seller's expense, except in the event of stock shortage or disappearance of the good from the range offered on the Site. In this case, the Vendor will refund the price of the Product to the Buyer in accordance with the price paid at the time of purchase and not the price in force at the time of return.

Article 14 - Personal data

The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the order not being validated.

In accordance with the French Data Protection Act , the processing of nominative information relating to the Buyer has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under number 2066963.

The Buyer has the right to access, modify, rectify and delete data concerning him/her (article 34 of the law of 6 January 1978), which he/she may exercise by contacting Wopilo Better Path SAS, 76 avenue de Wagram, 75017 PARIS - France or by email at the following address: contact@wopilo.com.

14.1 Collection of personal data

For the purposes of concluding the contract, the following information is collected:

Last name
First name
Postal address and associated information
E-mail

When the Site is used, the following may be collected: the URL of the links via which the Buyer accessed the Site, the user's access provider, the Buyer's Internet Protocol (IP) address.

This data is intended for :

Managing the operation and optimisation of the
Site- Verifying, identifying and authenticating the data transmitted by the Buyer
Preventing and detecting fraud, malware and managing security incidents
Managing any disputes with the Buyer
Sending commercial and advertising information according to the Buyer's preferences (see article 14.3.)

With the express and explicit agreement of the Buyer, data relating to the Buyer's lifestyle and habits (e.g. sleeping position) may also be collected by means of questionnaires. This data enables the Seller to make recommendations regarding the choice of Product(s) best suited to the Buyer.

In any event, the Vendor only collects personal information relating to the Buyer for the purposes of certain services offered by the Site. The Buyer provides this information with full knowledge of the facts, in particular when he/she enters it him/herself. It is then specified to the Buyer whether or not he/she is obliged to provide this information.

14.2. Recipient of personal data

Personal data is reserved for the sole use of the Seller and its employees.

No personal information of the Buyer is published without his/her knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of the Seller and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the Purchaser.

14.3. Limitation of processing

Unless the Buyer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

14.4. Data retention period

The Vendor will keep the data collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability. The Customer has the right to be forgotten at any time. In accordance with the regulations in force, all customers may exercise their right to have their personal data erased. To do so, the Customer is invited to send an explicit request to the Vendor, who will proceed to delete the data concerned as soon as possible, unless the retention of the data is required by the legislation or regulations in force.

14.5. Exercise of the Buyer's rights with regard to personal data

In accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), the Buyer has the following rights:

or deleting data concerning them (via their customer area or by written request to the Seller)
Deleting their account
Exercising their right to access their personal data The Buyer must provide a valid form of identification to make this request.

To exercise his/her rights, the Buyer may contact the Seller by post (address given above) or by e-mail (or via the contact form).

14.6. Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.

However, the Internet is not a completely secure environment and the Site cannot guarantee the total security of the transmission and storage of information.

Article 15 - Intellectual property

The Vendor holds the intellectual property rights to the Site and the right to distribute the elements appearing on the Site, in particular the photographs and videos for which the Vendor has obtained the necessary authorisations from the persons concerned.

Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the Site, their use and their provision to third parties are formally prohibited.

Article 16 - Entirety of the contract, non-renunciation and nullity

These GCS express the entirety of the obligations of the Parties. No other general or specific condition communicated by the Buyer may be incorporated into or derogate from these GCS.

The fact that the Seller does not avail itself of a breach by the Buyer of any of its obligations may not be interpreted as a waiver of the obligation concerned and of the right to avail itself of this breach at a later date.

If one or more of the stipulations of these GCS is held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 17 - Disputes; applicable law

In the event that these GCS are drawn up in one or more languages other than French, only the French text will be deemed authentic in the event of a dispute.

For any complaint, the Buyer may contact the Seller by e-mail or post.

The Buyer is also reminded that, in accordance with article L 612-1 of the Consumer Code, he/she has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute between him/her and the Seller.

These GCS shall be executed and interpreted in accordance with French law. In the event of a dispute which has not been settled amicably between the Buyer and the Seller, or by mediation, the competent court will be determined in accordance with the provisions of articles 46 and 48 of the French Code of Civil Procedure.

Article 18 - Combating waste and the circular economy

The Seller's unique identifier in the Agence De L'Environnement et de la Maîtrise de l'Energie (ADEME) national register of marketers is FR025943_10BBIS.

This same number FR025943_10BBIS guarantees that Wopilo Better Path SAS, by joining Éco-maison, is complying with its regulatory obligations under Article L 541-10-1 10° of the French Environmental Code.

Wopilo Better Path SAS is registered with ADELPHE under the identifier FR332455_01KVMJ.

In accordance with the regulatory obligations of article L 541-10 of the French Environment Code, Wopilo Better Path SAS is registered with Refashion in the national register of those placing textile products on the market, under the following number : FR332455_11QOAQ.