General Terms and Conditions of Sale

Coming into effect 01/01/2022

Article 1 - Field of application

This General Terms and Conditions of Sale apply, without restriction and without reservation to all sales finalised by the Seller to buyers (“Clients” or “the Client”), who want to purchase products or tangible or intangible services for sale(“The Products”) by the Seller on the website https://nfc.cards (below “The Website”).

The Products for sale on the Website are the following: NFC cards, NFC tags, NFC readers, NFC software licenses, and any other product or service in relation to NFC technology, tangible or intangible.

The main characteristics of the Products and especially the specifications, illustrations and information about measurements or the capacity of the Products, are displayed on the Website and the Client must take notice of this information before placing an order.

The selection and purchase of a Product are the sole responsibility of the Client.

The Products sold are available as long as stocks last, as specified when placing an order.

These General Terms and Conditions of Sale are available at any time on the Website and prevail over any other document.

Should there be a diverging or contradicting understanding between the English and French versions of these General Terms and Conditions of Sale, the French version shall prevail.

The Client declares having taken note of these General Terms and Conditions of Sale and irrevocably accepts them by checking the box provided before beginning of the online ordering process on the Website.

Until proven otherwise, the data saved by the computer system of the Seller establishes the proof of all the transactions concluded with the Client.

The contact details of the Seller are as follow: SAS WAKDEV with a capital of 5 000 euros, registered at the Registre du Commerce de RCS under the matricule 814 822 417 R.C.S DIJON, intra-community VAT number: FR 42814822417, with its headquarters located at 16 rue des Violettes, 21121 Fontaine lès Dijon, France.

Website: https://nfc.cards
Telephone number: (+33) 09 72 11 87 70
Email: contact [at] nfc.cards

The Products available on the Website can be purchased from the following territories:

Europe, North / South America, Asia, Africa, Oceania, Central America/Antilla.

Except:

AF, AQ, AS, AX, BD, BL, BM, BT, CC, CF, CU, CX, EH, GG, GH, GQ, GS, GU, GW, HT, IM, IO, IQ, IR,
JE, KP, KY, LB, LR, LY, MF, MM, MN, MO, MP, NU, PK, PR, PS, SD, SJ, SY, TF, TK, TL, TM, UZ, VI, YE.

In the event of an order to be shipped to another country than Metropolitan France, the Client is the importer of the Products in question.

For all Products shipped outside of the European Union and the DROM-COM (Overseas Departments and Territories), the price will be automatically calculated excluding taxes on the invoice.

Custom duty and other local taxes or importation fees or State taxes may be due for payment. These duties and taxes are to be paid by the Client, who is entirely responsible as regards both declarations and payments to the competent authorities and bodies in the country concerned.

Article 2 - Prices

The products are sold at the applicable price listed on the Website at the time of the recording of the order by the Seller.

Prices are expressed in Euros, excluding VATand including VAT.

Prices take into account potential discounts as consented by the Seller on the Website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside said period of validity, to change prices at any time.

Prices do not include processing fees, expedition fees, transportation fees nor delivery fees, all of which are charged in addition, within the conditions indicated on the Website and calculated before the placing of the order.

The payment requested from the Client is equal to the total amount of the purchase, including said fees.

An invoice established by the Seller is given to the Client during the delivery of the ordered Products.

Article 3 - Orders

The Client is responsible for the selection on the Website of the Product they want to order, under the following procedure:

The Client selects a Product and puts it in their cart, Product which can be deleted or modified before placing the order and accepting these General Terms and Conditions of Sale. The Client will sign up on the Website and fill in their contact details, sign in their customer space and choose their delivery method. After validation of this information, the order will be considered as final and require the Client to make a payment according to the terms and conditions provided.

Products are available as long as stocks last.

The sale will be deemed valid only after full payment of the price. The Client is responsible for the exactitude of the order and must report immediately any error.

Any order placed on the Website constitutes a contract concluded at a distance between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order placed by a Client with whom a dispute regarding the payment of a past order exists.

The Client can follow the progression of their order on the Website.

Any cancellation of an order by the Client after being accepted by the Seller is only possible within 30 minutes after its acceptance by the Seller and as long as the Order has not been shipped by the Seller (independently of legal provisions related to the Client’s right of withdrawal).

Article 3 Bis - Customer space - Account

In order to place an order, the Client is invited to create an account (customer space).

In order to do this, the Client must sign up by filling in the provided form when placing the order and commits to provide honest and true information regarding their personal information, including their email address.

The Client is responsible for updating this information. They are notified that they can modify them by signing in their account.

To access their personal space and their order history, the Client must log in with their email address and password, which have been communicated during their registration and are strictly personal.

In this respect, the Client must not divulge this information. Otherwise, they remain sole responsible for the use made of their account.

The Client can also request to unsubscribe by going to the dedicated page in their personal space or by sending an email at: contact [at] nfc.cards. This will be effective in a reasonable time.

In the event of failure to comply with these General Terms and Conditions of Sale and/or Use, the Website is within its right to suspend and even close the Client’s account if the Client fails to respond to the formal notice addressed by electronic means.

All deletion of an account, whatever the motive, causes the pure and simple deletion of all the Client’s personal data.

Any event due to a case of force majeure resulting in a dysfunction of the Website or server and notwithstanding any interruption of modification in the event of maintenance, does not engage the responsibility of the Seller.

The creation of a Client account leads to the acceptance of these General Terms and Conditions of Sale.

Article 4 - Terms of payment

The price is paid through secured payment methods, as listed:

debit or credit card payment;
payment via PayPal;
payment by cheque only in Metropolitan France;
payment by bank transfer in Euro on the Seller’s bank account (details given to the Client when placing the order), only from the countries located within the SEPA (Single Euro Payments Area).

Countries within SEPA: Austria, Belgium, Britain, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Republic of Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Slovakia, Spain and Sweden, the 3 EEA countries of Norway, Liechtenstein, Iceland, and also Switzerland and Monaco.

The price is payable upfront by the Client, in full, the day the order is placed.

Payment data is exchanged encrypted through the protocol defined by the payment service provider accredited in charge of the banking transactions made on the Website.

Payments made by the Client will only be final after actual cashing by the Seller of monies owed.

The Seller will not be required to deliver the Products ordered by the Client if they do not pay in full the monies owed as described above.

Article 5 - Delivery

The Products ordered by the Client will be delivered in Metropolitan France and the following areas:

Deliveries take place no more than 45 days after the date of the order at the postal address given by the Client when placing the order on the Website.

The delivery is constituted of the transfer of physical possession to the Client and of the ownership of the Product. Except in specific cases or unavailability of one or multiple Products, the Products ordered will be delivered at once.

The Seller commits to making every effort to deliver the Products ordered by the Client in the time aforementioned.

If the Products ordered have not been delivered within 45 days of the indicative delivery date, for any other reason than a case of force majeure or the doing of the Client, the sell may be resolved at the written request of the Client under prescribed conditions in Articles L 216-2, L 216-3 and L 216-4 of the French Consumer Code. The amounts paid by the Client will then be refunded within 14 days of the date of withdrawal from the contract, excluding any damage or deduction.

In case of specific packing or transportation request by the Client of the Products ordered, duly agreed upon in writing by the Seller, additional fees will be the subject of a specific supplementary invoice, on quotation accepted in writing beforehand by the client.

The Client is responsible for checking the state of the delivered products. The Client has up to 14 days to make a claim by mail or email, along with supporting documents related (including photos).

Beyond this period and failing to comply with these formalities, the delivered Products will be certified compliant and free of any visible defect and no claim will be validly accepted by the Seller.

The Seller will refund or replace, as soon as possible and at their expense, the delivered Products which apparent malfunction or non-compliance will have been proved by the client, in accordance with Articles L 217-4 and following of the French Commercial Code and under the conditions provided in these General Terms and Conditions of Sale.

The risks related to the loss and deterioration of the products sold by the Seller will be transferred to the Buyer as soon as they take physical possession of the Products. Therefore, the Products travel at the risk of the Seller except if the Client themselves choose the transporter. In this respect, the risks are transferred to the Client when the Products are given to the transporter.

Article 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Client will only be effective after the full payment of the Products by the Client, and regardless of the date of delivery of said Products.

Article 7 - Right of withdrawal

In accordance with Article L221-18 of the French Consumer Code “For contracts providing the regular delivery of goods for a defined period, the period is in effect from the reception of the first of the goods.”

The right of withdrawal can be exercised online, by means of the provided withdrawal form, also available on the Website, or any other unequivocal declaration expressing the will to withdraw, including by postal mail at the Seller which contact details can be found under Article 1 of these General Terms and Conditions of Sale.

Products are to be returned in their original condition and whole (packaging, accessories, instructions…) so they may be commercialised as new, along with the purchase invoice.

Damaged products, soiled, printed or incomplete will not be taken back.

Return costs are to be paid by the Client.

Echanges (subject to availability) or refunds will be made within 14 days of the reception by the Seller of the Products returned by the Client under the provided conditions in this Article.

Article 8 - Seller’s liability - Guarantees

The Products sold by the Seller benefit from:

the legal guarantee of conformity, for defective or damaged Products, or Products not corresponding with the order;
the guarantee against hidden defects coming from faulty materials, conception or fabrication defaults affecting the delivered Products rendering them unfit for use.

Provisions relating to the legal guarantees:

Article L. 217-4 of the French Consumer Code:
“The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. He is also liable for any compliance defects resulting from the packaging, assembly instructions or installation where he is responsible for these under the contract or they have been performed under his responsibility”.

Article L. 217-5 of the French Consumer Code:
“In order to comply with the contract, the goods must:

Be fit for the purpose usually expected of such goods and, where applicable:
- correspond to the description provided by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model;
- possess the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the labelling;
Or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by him.”

Article L. 217-12 of the French Consumer Code:
“Action resulting from compliance defect is limited to two years after the delivery of the goods.”

Article 1641 of the French Civil Code:
“The seller is obliged to guarantee against hidden defects in the item sold which might render it unfit for the use for which it is intended, or that might decrease this usefulness of the product to such an extent that the buyer would not have acquired it, or would have paid a lower price, had he known of the defect.”

Article 1648 para. 1 of the French Civil Code:
“Action resulting from hidden defects must be taken by the buyer within two years after discovery of the defect.”

Article L. 217-16 of the French Consumer Code:
"Where the purchaser asks the seller, during the period of the commercial guarantee offered by the seller and upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period."

In order to assert their rights, the Client must inform the Seller, in writing (mail or email), of the non-compliance of the Products or the existence of hidden defects as soon as discovered.

The Seller will refund, replace or repair the Products or part under warranty deemed non-compliant or defective.

Shipping costs will be refunded on the basis of the rate charged and return costs refunded on presentation of supporting documents.

Refunds, replacements or repairs of the non-compliant or defective Products will be made as soon as possible and at most 30 days after the recognition by the Seller of the non-compliance or hidden defect.

This refund will be made by cheque or wire transfer.

The Seller is not liable in the following cases:

non respect of the legislation of the country where the Products are delivered, which must be checked by the Client;
in the event of misuse, professional use, negligence or lack of maintenance by the Client, as well as in case of normal wear and tear of the product, accident or force majeure;
photographs and graphics presented on the Website have the purpose of illustrating the Products offered for sale and are non-contractual.

The Seller’s guarantee is, in any case, limited to the replacement or refund of the non-compliant Product or a Product affected by a defect.

Article 9 - Printing and Engraving

By placing an order for printing or engraving, you agree to the conditions outlined in this article.
It is important to carefully read this section to understand our policies and mutual responsibilities.

If you have any questions or concerns, please contact us before placing your order.

The customer is responsible for providing files that comply with the technical specifications.
Specifications for printing: https://nfc.cards/en/content/11-prints
Specifications for engraving: https://nfc.cards/en/content/12-engravings

We are not responsible for errors resulting from incorrect or non-compliant files provided.

The customer is responsible for the legality and ownership of the provided content. We will not be held responsible for any copyright, trademark, or other intellectual property rights violation related to the content provided by the customer.

Colors and rendering may vary slightly between the screen and the final product, as well as between different orders.
NFC.CARDS will strive to maintain high quality but cannot guarantee an exact match.

Once the order is confirmed, canceling production may be difficult. If a cancellation is desired, please contact us immediately. Cancellation fees may apply depending on the status of the order.

In the event of a major issue related to printing or engraving, please contact us within 14 days of receiving the products.
We will review the claim and, at our discretion, decide whether to proceed with a partial refund or product replacement.

Article 10 - License Agreement

These conditions apply to Applications/Software subject to a license.

By purchasing and using the apps or sofwares, you agree to the related End User License Agreement (EULA) and give an explicit and informed consent:

NFC Tools - KeyBoard Controller: https://www.wakdev.com/en/apps/terms.html
NFC Tools - Standalone Edition: https://www.wakdev.com/en/apps/terms.html

The EULA contract are applicable in their entirety in France or abroad, whatever the place of delivery.

After placed an order, the Client you will receive instructions to download the license.
The Client must ensure that the email address he provides when creating his order is valid, otherwise the license cannot be routed correctly.
The Seller can not be held responsible for the delay in forwarding an email.

The Seller grants you a revocable, limited, nonexclusive license to use the Application or Software in accordance with the related End User License Agreement (EULA).

The Seller will not be liable to you or any third party for any modification, suspension or discontinuance of the Service, but to the extent possible, will try to send a 30-day notice by e-mail or by any other means.

The Client will not acquire any ownership of the Application or the Software as a result of your purchase of the license key or your use of the Application or the Software.

Activation of the Application or the Software may require an Internet connection.

Article 11 - Personal data

The Client is informed that the collection of personal data is necessary to the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only to fulfill the contract of sale.

For more information, refer to the Privacy Policy.

11.1 Collection of personal data

The following personal data are collected on the Website:
Account opening, during the creation of the Client account : Last name, first name, middle name, postal address, telephone number, email address.

Payment, when paying for Products sold on the Website, the Client’s financial transaction data is saved by the Website.

11.2 Recipient of personal data

Personal data is solely used by the Seller and their employees.

11.3 Data Controller

The Data Controller is the Seller, under the Data Processing and Civil Liberties Law and from May 25th 2018 the Regulation 2016/679 on personal data protection. For more information, refer to the Privacy Policy.

Data Controller: Julien Veuillet
Contact: julien [at] wakdev.com
Telephone: (+33) 09 72 11 87 70

11.4 Processing limitations

Except if the Client gives their express approval, their personal data will not be used for advertising or marketing purposes.

11.5 Data Retention duration

The Seller will retain the data collected for a duration of 5 years, covering the period of prescription of contractual civil liability applicable.

11.6 Security and confidentiality

The Seller executes organizational, technical, software and physical measures regarding digital security to protect personal data against alterations, deletion and unauthorised access. However, it is important to notify that the Internet is not an environment completely secure and the Seller can not guarantee the safety of transmission and storage of data online.

11.7 Execution of Clients and users rights

In accordance with the applicable regulations regarding personal data, the Clients and users of the Website have the following rights:

they may update or delete their personal data using the following methods: via their User Account on the Website, the contact form or by writing to the email address mentioned in Article 11.3 “Data Controller”;
they may delete their account by writing to the email address mentioned in Article 11.3 “Data Controller”;
they may exercise their right of access to consult their personal data by writing to the email address mentioned in Article 11.3 “Data Controller”;
if the personal data retained by the Seller are false, they may ask for the data to be updated by writing to the email address mentioned in Article 11.3 “Data Controller”;
they may ask for the deletion of their personal data, in accordance with the applicable laws relating to data protection by writing to the email address mentioned in Article 11.3 “Data Controller”;
they may also ask for the portability of their personal data retained by the Seller toward another provider;
finally, they may oppose the processing of their personal data by the Seller.

These rights, as long as they are not in contradiction with the purpose of the processing, may be exercised by addressing a formal request by mail or email at the Data Controller whose contact details are above.

The Data Controller must respond within 30 days.
In the event of refusal, it needs to be motivated.

The Client is informed that in the event of a refusal, they may make a complaint to the CNIL or seize a judicial authority.

The Client may be asked to check a box to agree to receive email of informative and/or advertising nature from the Seller. The agreement may be revoked at any time by the Client by contacting the Seller (contact details above) or by clicking on the link to unsubscribe.

Article 12 - Copyright

The Website content is the property of the Seller and of their partner and is under the protection of French and international laws regarding copyright.

Any reproduction, publication, transmission or use, in whole or in part, of said contents is prohibited and may constitute an infringement of said laws.

Article 13 - Applicable law - Language

These General Terms and Conditions of Sale and the processing resulting from them are subjected to the French laws and regulations. These General Terms and Conditions of Sale are written in French. In case of a translation in one or several other languages, only the French version prevails in the event of a dispute.

Article 14 - Disputes

For any claim, please contact customer services at the postal or email address mentioned in Article 1 of these General Terms and Conditions of Sale.

The Client is informed that they may, in any case, resort to a conventional mediation by contacting the existing sectoral mediation bodies or any other alternative to settle disputes (conciliation for example) in case of dispute.

All disputes regarding the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale and which have not been the subject of an amicable settlement between the Seller and the Client or by mediation, will be submitted to the competent courts in the common law conditions.

The Client agrees to submit to the exclusive jurisdiction of the courts located in the region of Dijon, France to resolve any legal question arising from these General Conditions of Sale.

Despite this, you agree that the Seller will still be entitled to pursue legal remedies (or equivalent emergency measure) in any jurisdiction.