Terms of sale
Terms and Conditions of Sale
ARTICLE 1 - Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by WANDER NANA FZC LLC ("the Seller" or "Wander Nana") to consumers and non-professional buyers ("Customers or Customer") wishing to purchase the products offered for sale by the Seller ("Products") on the website www.wandernana.com. They specify in particular the conditions of ordering, payment, delivery, and management of any returns of the Products ordered by Customers. These General Terms and Conditions of Sale may be supplemented by specific conditions stated on the website prior to any transaction with the Customer. They are accessible at any time on the website www.wandernana.com and shall prevail, if applicable, over any other version or contradictory document. These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Customer's purchase is the one in effect on the website at the time the order is placed. Modifications to these General Terms and Conditions of Sale shall be binding on users of the website www.wandernana.com from the date of their posting and shall not apply to transactions concluded prior to that date.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website www.wandernana.com are as follows:
- Cherry Stems: fights bloating and water retention
- Express Cleanse: eliminates accumulated impurities, waste, and toxins in the body
- Goodbye Kilos: generates an appetite suppressant, draining, fat-burning, detoxifying effect and aids digestion
- Glute Band: elastic band for muscle training The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.wandernana.com. Before placing an order, the Customer must refer to the description of each Product to learn about its properties, essential characteristics, delivery times, and, in the case of continuous or periodic supply of a product, the minimum duration of the proposed contract. Specifically, the customer should refer to the description of each product to become aware of the composition, side effects, and contraindications of each. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the website www.wandernana.com are not contractual and shall not engage the responsibility of the Seller.
The contractual information is presented in French and is confirmed at the time of order validation by the Customer. The Products presented on the website www.wandernana.com are offered for sale in mainland France and internationally. In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
ARTICLE 3 - Duration of the Product offer
Product offers are valid within the limits of available stocks, as specified when placing the order.
ARTICLE 4 - Seller's contact information
The Seller's contact information is as follows: WANDER NANA FZC LLC License no. 2441 B-1107-22 Grand Tower, Ajman United Arab Emirates contact@wandernana.fr
ARTICLE 5 - Orders
5.1 Order Placement To place an order, the Customer must select the Products they wish to order on the website www.wandernana.com, add them to their cart, follow the online purchase procedure, and click "Pay Now." The Customer will then receive an email confirming the acceptance of their order. They will also be notified by email of the shipment of their order. An electronic ticket detailing the order will be attached to the Shipping Confirmation.
The Customer has the option to review the details of their order, the total price, and correct any errors before confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order and immediately report or rectify any errors. An order is recorded on the website www.wandernana.com when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies the Customer's acceptance, without restriction or reservation, of these General Terms and Conditions of Sale as well as the general terms of use of the website www.wandernana.com. The sale is only final after the Seller has sent the Customer an email confirming the acceptance of the order, which must be sent without delay, and after the Seller has received full payment. Any order placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the modalities described above, on the website www.wandernana.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order. Order validation by the Customer constitutes acceptance, without restriction or reservation, of these General Terms and Conditions of Sale. The Customer acknowledges having the necessary capacity to contract and acquire the Products offered on the website www.wandernana.com.
5.2 Order Modification Once confirmed and accepted by the Seller, as described above, the order cannot be modified.
5.3 Order Cancellation Once confirmed and accepted by the Seller, as described above, the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - Prices
The Products are provided at the prices in effect on the website www.wandernana.com at the time of order registration by the Seller. The prices are expressed in Euros, including VAT. The prices take into account any discounts granted by the Seller on the website www.wandernana.com. These prices are firm and non-revisable during their period of validity, as indicated on the website www.wandernana.com. The Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport, and delivery fees, which are invoiced separately, as indicated on the website www.wandernana.com and calculated prior to placing the order. If the Customer requests a shipping method that is faster or more expensive than the standard shipping, the additional delivery costs, as shown at the time of order validation by the Customer, will be entirely at their expense. The payment requested from the Customer corresponds to the total amount of the purchase, including these fees. An invoice is established by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 7 - Payment Conditions
The price is payable in full, in cash, on the day of order placement by the Customer, via secure payment by bank cards: Carte Bancaire, Visa, MasterCard, American Express, and other bank cards. Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In such a case, the Customer may request the cancellation of the payment and the refund of the corresponding amounts.
Payment data is exchanged in encrypted mode using the STRIPE protocol. Payments made by the Customer will only be considered final after the Seller has effectively received the sums due.
Furthermore, in the event of non-compliance with the payment conditions specified above, the Seller reserves the right to suspend or cancel the delivery of current orders placed by the Customer.
No additional fees, higher than the costs incurred by the Seller for the use of a means of payment, can be charged to the Customer.
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered to the address indicated by the Customer when placing the order on the website www.wandernana.com, in metropolitan France and internationally. Delivery is deemed to have occurred when the Customer physically takes possession or control of the Product. Unless otherwise specified or the unavailability of one or more Products, the ordered Products will be delivered in one shipment. The Customer has several delivery options:
- Delivery to a relay point within three (3) to seven (7) days from the date of shipment;
- Standard delivery within three (3) to seven (7) days from the date of shipment; and
- Express delivery within twenty-four (24) to forty-eight (48) hours from the date of shipment. Deliveries are made by an independent carrier to the address provided by the Customer when placing the order and to which the carrier can easily access. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the specified deadlines. To ensure these deadlines are met, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (such as street number, building, staircase, access codes, intercom names and/or numbers, etc.). The Customer will be able to track the progress of the delivery of their order via a tracking number provided to them upon confirmation of the shipment of their order. However, these deadlines are provided for information purposes only. If the ordered Products have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be resolved at the written request of the Customer, under the conditions provided for in Articles L 216-2, L 216-3, and L 241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding. However, delivery fees will not be refunded in the event that the Customer provided an incomplete or incorrect address or fails to collect their package from the relay point within the specified time frame. In the event of non-compliance with the delivered Product, the Seller undertakes to remedy the situation or refund the Customer, as indicated in the "Seller's Liability - Warranty" section. The Customer is responsible for checking the condition of the delivered Products. They have a period of thirty (30) days from the date of delivery to report any reservations or claims by email to contact@wandernana.fr (e.g., damaged or already opened package, incomplete package, etc.), with all supporting documents (including photos). After this period and failing to comply with these formalities, the delivered Products will be deemed conforming and free from any apparent defects, and no claims will be validly accepted by the Seller.
The Seller will reimburse or replace, at its expense and as soon as possible, the delivered Products that have been duly proven by the Customer to be non-compliant or affected by apparent or hidden defects, in accordance with the provisions of Articles L 217-4 and following of the French Consumer Code and those provided for in these General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 9 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products will be realized upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and the price, regardless of the date of payment and the delivery date. Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be realized upon physical possession of the Products by the Customer. The Products, therefore, travel at the Seller's risk and peril, except for the Customer's default.
ARTICLE 10 - Right of Withdrawal
The Customer has a period of fourteen (14) days from the date of receipt of the Products to exercise their right of withdrawal from the Seller, without having to justify any reasons or pay any penalty, in accordance with the legal provisions in force. To exercise their right of withdrawal, the Customer must notify the Seller of their decision to withdraw by means of an unambiguous declaration (e.g., letter sent by post, fax, or email) to the contact details mentioned in Article 4. The Customer may use the withdrawal form template attached to these General Terms and Conditions of Sale but is not obliged to do so. In order for the withdrawal period to be respected, the Customer must send their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period. In the event of withdrawal by the Customer, the Seller will reimburse the Customer for all payments received, including delivery costs (with the exception of additional costs arising from the Customer's choice of a delivery method other than the standard delivery method offered by the Seller) without undue delay and, in any event, no later than fourteen (14) days from the day on which the Seller is informed of the Customer's decision to withdraw. The Seller will reimburse the Customer using the same means of payment as that used by the Customer for the initial transaction unless the Customer expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Customer. The Seller may defer the reimbursement until the Seller has received the Products back or until the Customer has provided proof of shipment of the Products, whichever comes first. The Customer must return or send back the Products to the Seller, without undue delay and, in any event, no later than fourteen (14) days after the day on which the Customer has communicated their decision to withdraw from the contract. The Customer shall bear the direct costs of returning the Products.
The reimbursement may be deferred until the Seller receives the returned products. The reimbursement method will be the same as the payment method used during the initial transaction.
10-2. Exclusions
In accordance with Article L.221-28 of the Consumer Code, the Customer cannot exercise the right of withdrawal for:
- Products tailored to the Customer's specifications or personalized at their request;
- Products that, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly; and
- Products that have been unsealed by the Customer after delivery and products that cannot be returned for reasons of hygiene or health protection.
ARTICLE 11 - Seller's Liability - Warranty
The Products sold on the website www.wandernana.com comply with the current regulations in France and, more broadly, in Europe. The Products provided by the Seller benefit from the legal warranty of conformity and hidden defects, without any additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- the legal warranty of conformity for apparently defective, damaged, or non-compliant Products,
- the legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use, under the conditions and according to the modalities mentioned in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Warranty against Hidden Defects).
It is recalled that within the framework of the legal warranty of conformity, the Customer has a period of two years from the delivery of the goods to take action against the Seller. The Customer may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code. The Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
The legal warranty of conformity applies regardless of any commercial warranty that may cover the Product. The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
In order to assert their rights, the Customer must inform the Seller in writing of the non-compliance of the Products within a maximum period of 14 days from the delivery of the Products or the discovery of the hidden defects within the time limits mentioned above and return the defective Products in the condition in which they were received, with all elements (accessories, packaging, instructions, etc.). The Seller will refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective. The shipping costs will be refunded based on the invoiced rate, and the return costs will be reimbursed upon presentation of supporting documents. Reimbursement for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's acknowledgment of the lack of conformity or hidden defect. The reimbursement will be made to the Customer's bank account. The Seller's liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify.
- Misuse, professional use, negligence, or lack of maintenance on the part of the Customer.
- Normal wear and tear of the Product, accidents, or force majeure.
The Seller's warranty is in any case limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 12 - Protection of Personal Data
In accordance with the law 78-17 of January 6, 1978, as amended by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the establishment of invoices, in particular. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders. The processing of the information communicated through the website www.wandernana.com complies with the legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data. The Customer has, in accordance with the current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding information concerning them. This right can be exercised by email to contact@wandernana.fr, accompanied by proof of identity.
ARTICLE 13 - Intellectual Property
The content of the website www.wandernana.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
ARTICLE 14 - Change in Circumstances
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who did not accept to assume a excessively onerous performance risk may request a renegotiation of the contract from their co-contractor.
ARTICLE 15 - Force Majeure
The Parties shall not be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 - Applicable Law - Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, the French text alone shall be binding in the event of a dispute.
ARTICLE 17 - Disputes
All disputes arising from the purchase and sale transactions concluded in accordance with these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences, and follow-up, which could not be resolved between the seller and the customer, shall be submitted to the competent courts in accordance with the common law. The Customer is informed that they can, in any case, resort to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission, Article L 612-1 of the Consumer Code) or to existing sectoral mediation bodies, the references of which are available on the website www.wandernana.fr, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 18 - Pre-contractual Information - Customer's Acceptance
The act of ordering on the website www.wandernana.com implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.
APPENDIX 1 - PROVISIONS RELATING TO LEGAL WARRANTIES
Article L217-4 of the Consumer Code The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when it was their responsibility under the contract or was carried out under their responsibility.
Article L217-5 of the Consumer Code To be in conformity with the contract, the goods must:
- Be suitable for the customary use of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer as a sample or model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, in particular in advertising or labeling;
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code The action resulting from lack of conformity is prescribed after two years from the delivery of the goods.
Article L217-16 of the Consumer Code When the buyer requests from the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the property in question, if the latter is subsequent to the request for intervention.
Article 1641 of the Civil Code The seller is bound by the warranty on account of hidden defects of the thing sold that render it unfit for the use for which it is intended or that so diminish this use that the buyer would not have acquired it or would have given it a lower price if they had known about them.
Article 1648, paragraph 1, of the Civil Code The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.
APPENDIX 2 - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.wandernana.com, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale. To the attention of WANDER NANA FZC LLC contact@wandernana.fr
- Order date: .........................................................
- Order number: ...........................................................
- Customer name: ...........................................................................
- Customer address: .......................................................................