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General Conditions of Sale (GCS)

In force as of 15/06/2023

Article 1 – Scope

These General Conditions of Sale (the “GCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers” or “the Customer”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website wakademy.online.

The Products offered for sale on the website are the following:

  • video courses to learn the didgeridoo;
  • e-books to learn the didgeridoo;
  • workshops to learn the didgeridoo;
  • coaching to learn the didgeridoo.

The main characteristics of the Products, in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website wakademy.online, and the Customer must read them before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are valid while stocks last, as specified when the order is placed.

These GCS are available at all times on the website wakademy.online and shall prevail over any other document. The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose before starting the online ordering procedure on the website wakademy.online.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:

  • Gauthier Aubé, micro-enterprise registered with the Clénay Trade and Companies Register (RCS) under number 799 206 172
  • 3 rue du Mont Chauvin, 21410 Mâlain, France
  • contact@wakademy.com
  • +33 6 98 34 31 51

The Products presented on the website wakademy.online are offered for sale worldwide. For orders to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and the French overseas departments and territories, the price will automatically be calculated excluding tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. They will be borne by, and are the sole responsibility of, the Customer.

Article 2 – Prices

The Products are supplied at the prices in force shown on the website wakademy.online when the order is recorded by the Seller. Prices are expressed in euros, excluding and including tax.

Prices take into account any discounts granted by the Seller on the website wakademy.online. These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right to change prices at any time outside that period.

Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and given to the Customer on delivery of the ordered Products.

Article 3 – Orders

It is up to the Customer to select on the website wakademy.online the Products they wish to order, as follows: the Customer chooses the Product they wish to buy, then pays for the ordered Product. Once payment has been made, the Product is delivered directly to the Customer’s mailbox or member area. The Customer is then free to view their purchase whenever they wish.

Product offers are valid as long as they are visible on the website, while stocks last. The sale will only be considered valid after full payment of the price. It is up to the Customer to check that the order is correct and to report any error immediately.

Any order placed on the website wakademy.online constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order. The Customer can follow the progress of their order on the website.

Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible within 31 days at most after the Seller’s acceptance of the order, and as long as delivery has not taken place (independently of the provisions on whether or not the legal right of withdrawal applies).

Article 3a – Customer area, account

To place an order, the Customer is invited to create an account (personal area). To do so, they must register by filling in the form offered to them when ordering, and undertake to provide truthful and accurate information about their identity and contact details, in particular their e-mail address.

The Customer is responsible for keeping the information provided up to date. They are informed that they can change it by logging in to their account.

To access their personal area and order history, the Customer must identify themselves with their username and password, which will be sent to them after registration and are strictly personal. The Customer therefore undertakes not to disclose them. Otherwise, they alone will remain responsible for any use made of them.

The Customer may also request to be unregistered by going to the dedicated page in their personal area or by sending an e-mail to contact@wakademy.com. This will take effect within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the website wakademy.online may suspend, or even close, a Customer’s account after a formal notice sent electronically has remained without effect.

Any deletion of an account, for whatever reason, results in the outright deletion of all the Customer’s personal information. Any event due to force majeure resulting in a malfunction of the website or server, and subject to any interruption or modification in the event of maintenance, does not engage the Seller’s liability.

Creating an account implies acceptance of these general conditions of sale.

Article 4 – Payment terms

The price is paid by secure payment, as follows: payment by bank card. The price is payable in cash by the Customer, in full, on the day the order is placed.

However, where this option is indicated on the website wakademy.online, the Customer may pay according to the following conditions and schedule: one monthly instalment over 3 or 10 months.

In this case, if the Customer pays the sums due after the deadlines set above, and after the payment date shown on the invoice sent to them, late payment penalties calculated at the applicable legal rate on the amount including tax of the purchase price shown on that invoice will automatically be due to the Seller, without any formality or prior formal notice.

Late payment will make all sums owed by the Customer immediately payable, without prejudice to any other action the Seller may be entitled to take against the Customer in this respect.

In addition, if the above payment conditions are not met, the Seller reserves the right to suspend or cancel the delivery of the Customer’s orders in progress.

Payment data is exchanged in encrypted form using the protocol defined by the approved payment provider handling bank transactions on the website wakademy.online.

Payments made by the Customer will only be considered final once the sums due have actually been received by the Seller. The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions set out above.

Article 5 – Deliveries

The Products ordered by the Customer will be delivered in metropolitan France or worldwide. Deliveries take place within a few minutes, to the address given by the Customer when ordering on the website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or if one or more Products are unavailable, the ordered Products will be delivered in a single delivery.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these time limits are given for guidance only.

If the ordered Products have not been delivered within 7 days of the indicative delivery date, for any reason other than force majeure or the Customer’s own actions, the sale may be cancelled at the Customer’s written request 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 no later than fourteen days after the date the contract was terminated, excluding any compensation or deduction.

If the Customer makes a special request concerning the packaging or transport of the ordered Products, duly accepted in writing by the Seller, the related costs will be invoiced separately, on the basis of a quote previously accepted in writing by the Customer.

The Customer must check the condition of the Products delivered. They have 31 days from delivery to make any claims by e-mail, together with all relevant supporting documents (photos in particular). After this period, and if these formalities have not been complied with, the Products will be deemed to comply with the order and to be free of any apparent defect, and no claim can validly be accepted by the Seller.

The Seller will refund or replace, as soon as possible and at its own expense, any delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 et seq. of the French Consumer Code and those provided for in these GCS.

The transfer of the risks of loss and damage will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except where the Customer has chosen the carrier themselves. In that case, the risks are transferred when the goods are handed over to the carrier.

Article 6 – Transfer of ownership

Ownership of the Products will only pass from the Seller to the Customer once the Customer has paid the price in full, whatever the delivery date of those Products.

Article 7 – Right of withdrawal

Under Article L. 221-18 of the French Consumer Code: “The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone canvassing or off-premises, without having to give reasons for their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph runs from the day of: 1° the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4; 2° receipt of the goods by the consumer or a third party, other than the carrier, designated by them, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the conclusion of the contract.

In the case of an order for several goods delivered separately, or of an order for goods made up of multiple lots or parts delivered over a defined period, the period runs from receipt of the last item, lot or part.

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first item.”

The right of withdrawal may be exercised online, using the withdrawal form attached (Appendix I) and also available on the website, or by any other unambiguous statement expressing the wish to withdraw, in particular by post sent to the Seller at the postal or e-mail address given in Article 1 of the GCS.

Returns must be made in their original, complete condition (packaging, accessories, instructions…), so that they can be resold as new, together with the purchase invoice. Damaged, soiled or incomplete Products will not be taken back. Return costs are borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of the Seller’s receipt of the Products returned by the Customer under the conditions set out in this article.

Article 8 – Seller’s liability, warranty

The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity, for Products that are defective, damaged or do not correspond to the order;
  • the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered Products and making them unfit for use.

Provisions on legal guarantees

Article L. 217-4 of the French Consumer Code
“The seller is required 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, the assembly instructions or the installation where this was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”

Article L. 217-5 of the French Consumer Code
“The goods are in conformity with the contract: 1° If they are fit for the use usually expected of similar goods and, where applicable: if they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model; if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; 2° Or if they have the characteristics agreed by the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.”

Article L. 217-12 of the French Consumer Code
“Action resulting from a lack of conformity is time-barred two years after delivery of the goods.”

Article 1641 of the French Civil Code
“The seller is bound by a warranty against hidden defects in the thing sold which make it unfit for its intended use, or which so reduce that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.”

Article 1648, first paragraph, of the French Civil Code
“Action resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect.”

Article L. 217-16 of the French Consumer Code
“Where, during the commercial warranty granted to the buyer on the purchase or repair of movable goods, the buyer asks the seller for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining term of the warranty. This period runs from the buyer’s request for intervention or from when the goods in question are made available for repair, if this is after the request for intervention.”

To assert their rights, the Customer must inform the Seller in writing (e-mail or letter) of the non-conformity of the Products or the existence of hidden defects from the time of their discovery. The Seller will refund, replace or have repaired the Products or parts under warranty found to be non-conforming or defective.

Shipping costs will be refunded on the basis of the amount invoiced, and return costs will be refunded on presentation of receipts. Refunds, replacements or repairs of Products found to be non-conforming or defective will be carried out as soon as possible and no later than 7 days after the Seller has established the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Seller cannot be held liable in the following cases: non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to check; misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer; normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the website are not contractual and cannot engage the Seller’s liability. In any event, the Seller’s warranty is limited to the replacement or refund of non-conforming or defective Products.

Article 9 – Personal data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products and their supply or delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of personal data

The personal data collected on the website wakademy.online is as follows:

  • Opening an account: when the Customer / user account is created, surnames, first names, postal address, phone number and e-mail address.
  • Payment: as part of the payment for Products offered on the website wakademy.online, the website records financial data relating to the Customer’s / user’s bank account or credit card.

9.2 Recipients of personal data

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

9.3 Data controller

The data controller is the Seller, Gauthier Aubé, within the meaning of the French Data Protection Act and, from 25 May 2018, of Regulation 2016/679 on the protection of personal data.

9.4 Restriction of processing

Unless the Customer gives their express consent, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data collected in this way for a period of 5 years, covering the applicable limitation period for contractual civil liability.

9.6 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, it should be noted that the internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the internet.

9.7 Exercise of Customers’ and users’ rights

Under the regulations applicable to personal data, Customers and users of the website wakademy.online have the following rights:

  • they can update or delete the data concerning them: by logging in to their account, in the customer area, the Customer can delete their account;
  • they can delete their account by writing to the e-mail address given in Article 9.3 “Data controller”;
  • they can exercise their right of access to find out the personal data concerning them by writing to the address given in Article 9.3;
  • if the personal data held by the Seller is inaccurate, they can ask for the information to be updated by writing to the address given in Article 9.3;
  • they can ask for their personal data to be deleted, in accordance with the applicable data protection laws, by writing to the address given in Article 9.3;
  • they can also request the portability of the data held by the Seller to another provider;
  • finally, they can object to the processing of their data by the Seller.

As long as they do not conflict with the purpose of the processing, these rights can be exercised by sending a request by post (Gauthier Aubé, 3 rue du Mont Chauvin, 21410 Mâlain, France) or by e-mail (contact@wakademy.com) to the data controller whose contact details are given above.

The data controller must reply within a maximum of one month. Any refusal to grant the Customer’s request must be justified. The Customer is informed that, in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris, France) or refer the matter to a judicial authority.

The Customer may be invited to tick a box by which they agree to receive informative and promotional e-mails from the Seller. They can withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

Article 10 – Intellectual property

The content of the website wakademy.online is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of infringement.

Article 11 – Applicable law, language

These GCS and the transactions arising from them are governed by and subject to French law. These GCS are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 12 – Disputes

For any complaint, please contact customer service at the Seller’s postal or e-mail address given in Article 1 of these GCS.

The Customer is informed that, in any event, they may use conventional mediation, with existing sector mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. In this case, the designated mediator is: ________________ — E-mail: ________________.

The Customer is also informed that they may use the online dispute resolution (ODR) platform: webgate.ec.europa.eu/odr.

All disputes to which the purchase and sale transactions concluded under these GCS may give rise, and which have not been settled amicably between the parties or through mediation, will be submitted to the competent courts under the conditions of ordinary law.

Date: 15/06/2023

Appendix I – Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on wakademy.online, except for exclusions or limits to the exercise of the right of withdrawal under the applicable General Conditions of Sale.

For the attention of Gauthier Aubé
3 rue du Mont Chauvin
21410 Mâlain
France

I hereby give notice that I withdraw from the contract for the goods below:

  • Order dated (give the date): ……………………………………
  • Order number: ……………………………………
  • Customer’s name: ……………………………………
  • Customer’s address: ……………………………………

Customer’s signature (only if this form is sent on paper): ……………………………………