Terms of Services (EN)

GENERAL TERMS AND CONDITIONS OF USE

1. Definition

The terms defined in this article and used in these general terms and conditions of use shall have the following meaning:

• Sales contract with option of probable cancellation (or Sales Contract): means, for each pair of Sneakers, the sales contract with option of probable cancellation concluded between the Seller and WAVO as part of the WAVO Services to which the Seller has previously subscribed by virtue of these GCU.

• Sneaker: refers to any pair of new, unworn, collectible trainers in their original box that meet the criteria defined by WAVO.

• GCU: refers to these general terms and conditions of use.

• Seller's Account: refers to the Seller's personal account, created after registering for the services offered by WAVO, enabling the Seller to submit a Purchase Offer request on the Site.

• Brand: refers to the WAVO brand operated by WAVO.

• Occasional seller: any natural person of legal age, non-trading, with full capacity, who uses WAVO Services under the terms of these GCU.

• Professional Seller: refers to any professional merchant, carrying on business on a regular basis, who uses the Services in accordance with the terms of these GCU.

• Seller(s): refers indiscriminately to any occasional Seller and any professional Seller.

• Party(ies): means WAVO and the Seller, individually or collectively.

• Offer to purchase: offer to purchase Sneakers issued by WAVO to the Seller under the suspensive condition of authentication of the Sneakers by WAVO.

• WAVO Services: shall mean the services offered by WAVO accessible from the Site, as described herein, enabling Sellers to offer Sneakers for sale.

• Site: refers to the www.discord.com site, which provides its users with discussion communities in which they can take part via different areas, known as "Servers".

• WAVO: refers to WAVO SAS, a simplified joint stock company with share capital of €15,000.00, having its registered office at 129 rue Servient, 69003 LYON, registered in the Lyon Trade and Companies Register under number 921 951 232.

• Carrier: refers to the Colissimo (La Poste), Chronopost or UPS delivery service.

2. Object

2.1.

These GCU define the terms and conditions under which the Seller accesses and benefits from the Services offered by WAVO.

2.2.

Any use of WAVO Services by the Seller implies full and unreserved acceptance of these GCU. The Seller accepts these GCU, acknowledges having full knowledge thereof and thereby waives the right to rely on any contradictory document.

2.3.

The relationship between the Parties shall always be governed by the latest conditions in force on the day of use by the Seller of WAVO Services. In the event of modification of these GCU, the Seller shall be invited to accept the new conditions, which shall be applicable to it on the date of acceptance.

The Occasional Seller may, however, cancel its registration by e-mail with acknowledgement of receipt within one month of notification of the change to the General Terms and Conditions. In this case, the provisions of article 14.4 will apply.

If the Seller does not make use of this cancellation option within the period allowed, it shall be deemed to have accepted the amendment to the General Terms and Conditions.
The provisions of these general terms and conditions of use always apply subject to the mandatory public policy provisions of the country in which the Seller is domiciled.

3. Access to WAVO Services

3.1. Request for access to WAVO Services

To access and use the WAVO Services, the Seller must have a computer, mobile terminal or digital tablet and access to the Internet.

WAVO Services are accessible via the Site. By using the WAVO Services, the Seller undertakes to comply at all times with the conditions of use of the Site.

Initially, the Seller wishing to access WAVO Services shall make a request for access to the Site Server dedicated to WAVO Services.

Validation of the Seller's access to the Site Server dedicated to WAVO Services is subject to WAVO's assessment in accordance with various criteria that it alone determines (capacity for processing requests for Purchase Offers, etc.).

As soon as the Seller accesses the Site Server dedicated to WAVO Services, he may formulate an Offer to Purchase request.

3.2 Request for an Offer to Purchase

Given the specific nature of the Services, the eligibility of Sneakers to benefit from WAVO Services and, therefore, the possibility for the Seller to access the Services for said Sneakers, shall be validated in advance by WAVO.

To do this, the Seller formulates an Offer to Purchase request by filling in the field provided for this purpose with the characteristics (SKU or precise identification details of the Sneakers: name, title, model, brand, etc.) as well as the size of the Sneakers it wishes to offer for sale.
The Seller browsing the Server and, where applicable, formulating a purchase offer request is informed that WAVO automatically integrates its Discord ID into its CRM as a "Prospect".

After processing the Offer to Purchase request, WAVO may:

• not be in a position to issue an instant Offer to Purchase: the Seller shall then be informed; it may, where appropriate, formulate a request to add its Sneakers to the WAVO catalogue;
• Issue an Offer to Purchase: this is automatically displayed on the screen.

WAVO alone shall determine, on the basis of its own criteria, which are predefined objectively and fall within the scope of business secrecy, whether or not Sneakers are eligible for WAVO Services.

In addition, WAVO may never be held liable in the event of Sneakers being refused eligibility for WAVO Services.

3.3 Offer to purchase

The Offer to Purchase Sneakers issued by WAVO comprises at least two components:

• The immediate purchase price of the Sneakers by WAVO ("Immediate Purchase Price");
• An estimate of the resale price of the sneakers on the market for the selected size only;

If the Seller wishes to accept this Offer to Purchase, it must alors create its Seller Account . A window will appear in which the Seller devra y enter his surname, first name and email address associated with his Discord ID.

Le Vendeur recevra an e-mail containing a link lui permettant d’ access une interface for creating his Seller's Account dans le cadre subscribing to WAVO Services.

In practice, the Seller's "Prospect" account initially created by WAVO under the conditions of article 3.2 is enriched with the Customer's identification data.

Any non-trading natural person who wishes to access the Services must be over 18 years of age and have full legal capacitý to conclude a sale.

Une confirmation d’activation de compte sera envoyée au Vendeur via l’adresse email renseignée ainsi que sur Discord.

In any event, and in general, WAVO reserves the right to accept or refuse a registration at its own discretion, without having to justify its decision, and without any possible recourse or compensation.

The registered Seller is the only one authorised to use his Seller Account created when registering for WAVO Services.

The Seller undertakes not to create or use any additional accounts other than the account initially created by it, whether under its own identitý or that of a third party.

The Seller undertakes not to complete the registration form with false, fictitious and/or erroneous details or information. In the event of failure to do so, WAVO may refuse the application to register for the Services or delete the Seller's Account without notice or compensation and without any recourse on the part of the Seller.

The Seller undertakes, in this respect, to compensate the Company and WAVO for any loss suffered or costs incurred as a result of the use by any other person of the Seller's account information, if the Seller has authorised́ or had knowledge of such use.

Once the Seller's Account has been created, the Seller chooses the WAVO Services subscription package that best meets its expectations.

3.4 Purchase of WAVO Services

Once the Seller has registered, he may order WAVO Services according to the subscription formula chosen in accordance with the provisions of article 6.

The Seller acknowledges that, prior to placing its order and concluding the contract, it has been provided, in a legible and comprehensible manner, with these GCU and with all of the following information: the essential characteristics of the Services; the price of the Services; information relating to the identity of WAVO, its postal, telephone and electronic contact details and its activities; and, for the Occasional Seller, information relating to the right of withdrawal, legal guarantees; the possibility of having recourse to a consumer mediator.

An order form will appear on the screen, detailing in particular: the nature, quantity and price of the Subscription Services selected by the Seller, and the Seller's contact details. If this is the case, a new order form will be automatically generated.

3.5. Final validation of the order

After reading the order form, and once all the information requested has been completed by the Seller, the latter will confirm acceptance of these general terms and conditions of use and click on " confirm order and pay". This second click constitutes an electronic signature. This signature has the same value between the Parties as a handwritten signature. The order form will be recorded on WAVO's computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the parties.

The Seller may choose the method of payment it wishes from among those offered by WAVO and shall make payment for the Services in accordance with the conditions set out in Article 6.

3.6. Order summary

When he has validated his method of payment on the site of the Payment Provider identified in article 4.2 (with the provision of his card number and expiry date), a summary of the Vendor's order shall be displayed and shall mention in particular the number of the order form. The order shall not be deemed final until the order summary has been displayed by WAVO, which shall be deemed an acknowledgement of receipt of the order. An email will then be sent to the Seller summarising the order when it is recorded.

3.7 General information

In the absence of proof to the contrary, the data recorded by WAVO constitutes proof of all transactions.
In any event, WAVO reserves the right to refuse any order in the event of (i) an existing dispute with the Vendor, (ii) total or partial non-payment of a previous order by the Vendor, (iii) refusal to authorise payment by bank card by banking organisations. WAVO cannot then be held liable.

4. Financial conditions

4.1

In return for the WAVO Service, the Seller shall pay a monthly fee, inclusive of VAT, as indicated at the time the order is placed.

The total price shows the costs incurred for each billing period.

The amount of the monthly subscription fee payable by the Seller depends on the subscription formula chosen by the Seller from among those defined in this article. The subscription fee is payable monthly in advance, without discount, le 28 de chaque mois d’exécution of the Contract and for the entire duration of the Contract, by credit card. At no time may the sums paid under this invoice be considered as deposits or advance payments.

The Seller is offered various subscription formulas, depending on the number of Sneakers sent by the Seller to WAVO as part of the WAVO Services.

The Seller benefits from a welcome offer of two months free of charge for up to 5 authenticated Sneakers in stock in the Seller's Safe. After two months and/or from the sixth Sneaker onwards, even if the two-month period has not yet elapsed, the Seller automatically switches to the paying offers.
Paid offers include :

• up to 20 authenticated Sneakers in stock in the Seller's Safe: for a fixed monthly fee ("Sneakerhead Offer");
• more than 20 authenticated Sneakers in stock in the Seller's Safe: a proportional sum depending on the number of Sneakers, which increases according to the value of each Sneaker sent by the Seller ("Head Offer").

The Seller shall of any Offer to Purchase request that causes the Seller to switch to an offer with different financial terms and conditions. must expressly accept the change in status before it can continue to benefit from WAVO Services.

The Seller can track the total cost of his subscription and the number of authenticated Sneakers in stock in the Seller's Safe in real time on his dashboard, which he accesses via the Site (hereinafter referred to as the "Dashboard") .

4.2

Payment for the subscription chosen by the Seller is made by direct debit from the Seller's bank card, in accordance with the details provided on the STRIPE platform.
The Seller is hereby informed that as part of the WAVO Services, WAVO uses the external and secure online payment service provider "STRIPE" - published by Stripe Payments Europe, Ltd- (hereinafter "the Payment Service Provider") to manage payments made by the Seller.

The Seller shall transmit :

• Its IBAN/BIC for payment to the Seller's account of (i) the Immediate Purchase Price by WAVO under the terms of article 7.1.6 and, where applicable, (ii) the balance of the sale price of the Sneakers due to the Seller under the terms of article 7.4.5;
• Bank card number, depending on the type of card, expiry date and cryptogram number (3-digit number on the back of the bank card).
  The Seller acknowledges that at no time will its bank details pass through WAVO's computer system, which cannot therefore be held liable in the event of fraudulent removal of the Seller's bank details.

By using the WAVO Service, the Seller declares that it has read and accepted the Payment Provider's general terms and conditions of use.
Any commission that may be charged by the Payment Provider when online payments are made by the Seller shall be borne by WAVO.

4.3

Any sum not paid by the Professional Vendor within the stipulated deadlines will be subject to interest at three times the legal interest rate, as well as the payment of an indemnity of 40 euros due by way of recovery costs. Late payment penalties shall be payable from the first day of delay, without the need for formal notice or any reminder whatsoever, and shall run until full payment of all sums due, including interest.

4.4 Third-party costs.

Use of the WAVO Service shall result in the consumption of part of the data transmission package subscribed to by the Seller with his mobile and/or Internet operator. Any use of WAVO Services from abroad is likely to entail considerably higher costs than use from the Seller's place of residence. Obtaining the corresponding information and paying any charges, in particular roaming charges, invoiced by the Seller's operator, is entirely the Seller's responsibility.

5. Right of withdrawal

The Occasional Seller shall have a period of fourteen (14) clear days to exercise its right of withdrawal, without having to justify its reasons or pay penalties. The period runs from the time WAVO sends the order summary.
The Occasional Seller who wishes to exercise his right of withdrawal must return to WAVO the withdrawal form downloadable here or any other unambiguous statement expressing his wish to withdraw to the address : WAVO, 128 rue servient, Tour Part-Dieu, 69326 Lyon, France or by email to the following address: hello@wavo-app.com The Occasional Seller may use the model withdrawal form downloadable here but this is not obligatory.
If the right of withdrawal is exercised, WAVO shall be obliged to reimburse the Occasional Seller for the sums it has paid. Reimbursement shall take place no later than fourteen days from the date on which WAVO is informed of the Occasional Seller's decision to withdraw.
WAVO will make the refund using the same method of payment that the Occasional Seller used for the original transaction, unless the Occasional Seller expressly agrees to a different method. This refund will not incur any costs for the Occasional Seller.
If the Occasional Seller wishes performance of the WAVO Service to begin before the end of the withdrawal period WAVO shall obtain its express request when the order is placed.
The occasional Seller who has exercised his right of withdrawal from a Service for which performance has begun, at his express request, before the end of the withdrawal period shall pay WAVO an amount corresponding to the service provided until communication of his decision to withdraw in proportion to the total price of the agreed Service.
The right of withdrawal does not apply to Services which are fully executed before the end of the withdrawal period and for which execution has begun with the express prior agreement of the occasional Seller and expressly waives its right of withdrawal when the order is placed.
The right of withdrawal does not apply to Professional Vendors.

6. Services offered by WAVO

6.1.

On the date of acceptance of these GCU, the WAVO Services accessible after registration are as follows:

• Provision of a tool enabling the Seller to formulate a request for an Offer to Purchase Sneakers as part of a sale with a right of repurchase with a probable cancellation option (subject to a resolutory condition),
• If the Sneakers are eligible for an Offer to Purchase: issue of an Offer to Purchase subject to the Sneakers being authenticated,
• If the Offer to Purchase is accepted by the Seller: provision of a solution for transporting the Sneakers for authentication purposes;
• Once the authentication of the Sneakers has been validated: payment of the Purchase Price immediately to the Seller;
• Management of a cancellation option for the Sneakers in favour of the Seller;
• Provision of a Storage Box for the Sneakers for the duration of the cancellation option offered to the Seller;
• Providing the Seller with information tools enabling him to decide when to exercise his right of cancellation;
• Once the cancellation option has been exercised by the Seller: at the Seller's discretion :
  • Return of the Sneakers, or
  • Sale, in the name of WAVO but on behalf of the Seller, of Sneakers, in return for payment of a commission.

6.2.

The Seller acknowledges that WAVO is liable to change and that WAVO Services may be adapted accordingly. Any deletion or modification of the Services offered shall be notified to the Seller by email.

7. How WAVO services work

The WAVO Services enable Sellers to request a Bid and to sell Sneakers to WAVO.

The Seller acknowledges and accepts that the GCU govern only the rights and obligations of the Parties in the use of WAVO Services and under no circumstances the rights and obligations of the Seller in the browsing and use of other Internet sites used in connection with the Services and in particular the Site.

In addition, for each sale of Sneakers under the conditions set out in this article, the Seller shall enter into a separate sale with right of repurchase with the option of probable cancellation (subject to a resolutory condition) with WAVO, which incorporates the provisions of this Article.

7.1

Sale with right of repurchase to WAVO with probable right of cancellation (subject to resolutory condition)

7.1.1
Sneakers eligible for the Offer to Purchase request

Only Sneakers that are new, flawless, unworn, with their original labels, in their original box and in perfect condition for conservation and storage may be the subject of an Offer to Purchase issued by WAVO.

The Seller acknowledges that this condition is decisive for the continuity of WAVO Services.

Sneakers offered in a condition other than those listed below, such as Sneakers already worn, with the label cut off, or showing signs of wear or visible defects, even if minor, or not in their original box, may not be the subject of an Offer to Purchase by WAVO.

7.1.2 Offer to buy now and estimate the value of the Sneakers

The Offer to Purchase is requested under the conditions specified in Article 3.2.
Once the references of the Sneakers and the size have been entered on the Site's Server, the Seller formulates a "Purchase Offer Request".
The Seller obtains at least :

• An Offer by WAVO to purchase the Sneakers immediately upon payment to the Seller of an Immediate Purchase Price;
• An instant estimate of the resale price of the Sneakers by means of automatic calculation software integrated into the Site for the size selected only, which takes into account several criteria to estimate the value of the Sneakers (type / references / sizes / rarity of Sneakers).

The estimated resale price of the Sneakers by the automatic calculation software is communicated to the Seller for information purposes only and shall not constitute a guarantee or commitment by WAVO to the Seller as to the value of the Sneakers.

The Seller acknowledges that the Immediate Purchase Price is calculated in particular with regard to the immediate availability of the corresponding cash and that it expressly accepts the amount thereof, even if this Immediate Purchase Price is lower than the estimated resale price of the Sneakers communicated by WAVO.

7.1.3 Acceptance of the Offer

Once the Immediate Purchase Price has been proposed and the value of the Sneakers has been estimated, the Seller confirms the request for an Offer to Purchase by clicking on the "I accept the Offer to Purchase" tab, after having accepted the conditions of the sales contract and having clicked on "I have entered into a Sales Contract with the option to cancel".

The Seller is informed that the Offer to Purchase is always issued subject to the condition precedent of the authentication of the Sneakers.

Thus, the agreement of sale with option of cancellation of the Sneakers shall only be concluded once the Sneakers have been authenticated by WAVO under the conditions of article 7.1.5.

7.1.4 Shipment of Sneakers

7.1.4.1 Formalities to be completed by the Seller before the Sneakers are dispatched

When requesting an Offer to purchase , the Seller chooses the shipping point for the Sneakers from among the trois proposed :- drop-off of the parcel at a en boîte aux lettres, dépôt du colis en bureau de poste ou dépôt du colis drop-off pointColissimo .

Once the Offer to Purchase issued by WAVO has been accepted by the Seller, the Seller shall receive via the email address provided when creating his Seller Account :

• a shipping label to be printed and affixed to the parcel.

The label must be legible and correctly affixed to the parcel. The parcel may be refused by the Carrier if the label is illegible, badly printed, badly stuck or torn.

7.1.4.2 Packing and delivery

The Seller is responsible for packing the Sneakers and delivering them to the shipping point selected by the Seller when the Offer to Purchase was accepted.

• Packing of Sneakers

The Seller undertakes to comply with the conditions defined below concerning the packing of Sneakers and not to exceed the following thresholds:

*	Maximum package size: the sum of the length, width and height of the package must be less than 80 centimetres; and  
*	Maximum package weight: the weight of the package must be less than 2 kilograms    

In general, the Seller undertakes to ensure that the Sneakers are securely packaged and can be handled and moved without risk to their integrity or to the safety of the Carrier's personnel.

In the event that a Seller does not comply with the conditions defined above, the Carrier may refuse, at its sole discretion, to accept and send the parcel.

In the event that the Seller's parcel is refused or blocked at one of the Carrier's agencies, all costs relating to the recovery and reshipment of the parcel shall be borne by the Seller.

Furthermore, it is specified that acceptance of the parcel by the Carrier does not constitute acceptance by WAVO of the compliance of the said parcel with the conditions defined above.

• Drop-off point

Once the Offer to Purchase has been confirmed, the Seller has two (2) working days to deliver the Sneakers to the selected shipping point.

If the parcel is not deposited within the period indicated, WAVO reserves the right to suspend the Offer to Purchase and/or to update the Offer to Purchase.

7.1.4.3 Package transport

Transport is provided by WAVO.

It is the Seller's responsibility to fill in the information required for the Carrier to send the parcel correctly, completely and accurately (in particular the postal address of the Seller's home).

In the event of a parcel duly deposited under the conditions provided for in articles 7.1.4.1 and 7.1.4.2 being lost or demonstrably damaged during the transport operation, the Carrier's or WAVO's insurance, as the case may be, shall pay compensation to the Seller.

For any specific requests or information, the Seller may contact the WAVO Sur le Serveur support service.

7.1.5 Processing and checking sneakers

Receipt of the Sneakers is confirmed to the Seller by email to the email address given in the Seller's Account.

Sneakers are processed and checked within a maximum of five (5) working days from receipt of the parcel.

The sale with right of repurchase agreement with the option of probable cancellation is concluded, and ownership of the Sneakers is transferred to WAVO at the end of the verification subject to the validity of the purchase order as defined above.

Once the verification process has been completed, the Seller will receive an email to the email address given on their Seller Account:

• a summary of the Offer to Purchase, mentioning the Sneakers accepted and/or refused,
• the Immediate Purchase Price for each Sneaker accepted under the Offer to Purchase,
• an updated estimate of the resale price of the Sneakers .

If a Sneaker is rejected as part of the Offer to Purchase, WAVO will inform the Seller by e-mail of the reasons why the Sneaker was rejected .

Rejected Sneakers shall be returned to the Seller at its expense within a reasonable time and, at the latest, within fourteen (14) days of receipt by WAVO of the amount of the costs incurred by the operation as paid by the Seller.

7.1.6 Immediate purchase price

The Immediate Purchase Price shall be transferred to the Seller's bank account, the identification details of which were communicated to the Payment Provider when the Seller registered for WAVO Services.

7.2 Sneaker storage

The Sneakers are stored by WAVO in a dedicated and suitable storage area provided for this purpose ("the Safe"). WAVO implements technical and organisational security measures to ensure the integrity of the Safe and the Sneakers it contains.

WAVO will itself insure the Sneakers against all risks of theft, misappropriation, fire and water damage.

7.3 Communicating information on the Sneakers market

WAVO regularly publishes general information on the sneaker market.
WAVO regularly communicates to the Seller on its Dashboard an updated estimate of the resale price of the Sneakers.

The Seller acknowledges that at no time may the communication of information by WAVO on the sneaker market be interpreted as the provision by WAVO of financial investment advice.

Subject to compliance with the time limit set out in Article 7.4.1, the Seller alone shall decide when to exercise its right of cancellation. The Seller acknowledges, however, that the continued existence of WAVO Services lies in WAVO's expertise in the sneaker market and, consequently, undertakes to consider any cancellation opportunity presented by WAVO.

7.4 Seller's right to cancel the sale of Sneakers

7.4.1 Terms and conditions
The Seller expressly reserves the right to cancel the sale of the Sneakers and to take them back for :

• Retrieve the Sneakers,
• Issue an order to WAVO to sell the Sneakers in the name of WAVO but on behalf of the Seller at a specific selling price below which the Seller does not wish to sell,
• Mandate WAVO to deliver the Sneakers to a customer found directly by the Seller.

WAVO acknowledges and accepts this right of repossession, the sale with right of repurchase with probable right of cancellation being concluded within the framework of the provisions of articles 1659 et seq. of the Civil Code.

The Seller reserves the right to take back the Sneakers within a maximum period of four (4) years from the date of the Sales Contract.
The Seller may only exercise its right of cancellation after a fixed period of time has elapsed, before which the Seller may not exercise its right of cancellation.

The Seller acknowledges that it may lose its right to cancel under the conditions of article 7.4.7, which it expressly accepts.

If the Seller exercises its right to cancel, it shall notify WAVO of its wish to take back the goods, via its Dashboard, .
It must indicate the reason for exercising the right to cancel from among the following:

• Retrieve the Sneakers,
• Issue an order to WAVO to sell the Sneakers in the name of WAVO but on behalf of the Seller at a specific selling price below which the Seller does not wish to sell,
• Mandate WAVO to deliver the Sneakers to a customer found directly by the Seller.

WAVO will acknowledge receipt of the request.

The right of cancellation is granted to the Professional Seller intuitu personae. This right is non-assignable and non-transferable, except with the agreement of WAVO.
The right of cancellation granted to the Occasional Seller is transferable and transmissible to the heirs, legatees and successors, with proof. The latter will enjoy the same rights and will be bound by the same obligations as the Seller.

7.4.2 Effects of cancellation and obligations of the Parties

Exercise of the cancellation option by the Seller shall result in termination of the Contract for the sale of the Sneakers with retroactive effect, with WAVO retaining definitively all the benefits acquired and the burden of risk for the period during which it was the owner of the said Sneakers.
As a result, the Seller will once again become the owner of the Sneakers, which are deemed never to have left his possession; the first transfer of the Sneakers being legally null and void.
WAVO accepts this right of cancellation and undertakes to return legal ownership of the Sneakers to the Seller should the latter exercise this right of cancellation.

7.4.3 Financial conditions

The Seller shall refund to WAVO the entire Immediate Purchase Price ("Refundable Purchase Price").
It is expressly stipulated that payment in full of the sum corresponding to the Purchase Price to be reimbursed, where applicable by offsetting under the conditions provided for in article 7.4.5, into the hands of WAVO, within the period indicated, is a condition of validity of the exercise of the cancellation.

7.4.4 Returning Sneakers

When the Seller exercises his right of cancellation in order to recover his Sneakers, it is his responsibility to pay WAVO :

• the purchase price to be repaid,
• the cost of returning the sneakers.

Payment of the sums owed by the Seller to WAVO must be made within a maximum period of 24 hours from the date of the request to exercise the right of cancellation. Beyond that time, the exercise of the cancellation option will be cancelled.

Acknowledgement of receipt of the corresponding sum by WAVO shall be deemed to be a declaration by the Parties that the sale has been terminated.

As soon as it is established between the Parties that the Contract of Sale has been terminated, WAVO shall take all steps to return the goods by post to the Seller who has exercised his right of cancellation, on the date set and, at the latest, within fourteen (14) days of it being established between the Parties that the sale has been terminated.

7.4.5 Commission on sale

The Seller may ask WAVO or any third party that has substituted WAVO under the terms of Article 16.1 to sell the Sneakers in the name of WAVO (or the third party that has substituted WAVO) on behalf of the Seller.

To give a sale order to WAVO, the Seller clicks on "I sell my Sneakers", indicating a specific sale price below which he does not wish to sell ("Specific Price").
The Seller agrees to any sale of the Sneakers for a price equal to or greater than the fixed Price.
WAVO alone decides on the sales channel for its sneakers.
In return for the sales mission entrusted to it, WAVO shall receive a commission equal to the difference between the actual sale price of the Sneakers by WAVO communicated to the Seller and the Price determined.
Cancellation of the Sales Contract becomes effective at the same time as WAVO sells the Sneakers to a third party.

WAVO shall inform the Seller of receipt of the order confirmation from the third party purchaser.

Notification of the sale of the Sneakers to a third party by WAVO shall thus be deemed to be an acknowledgement between the Parties of the termination of the Contract of Sale.

In practice, WAVO shall pay the Seller within two (2) working days of the date on which the third party purchaser of the Sneakers confirmed his order the Price determined, less the Purchase Price to be reimbursed by the Seller in accordance with the provisions of article 7.4.3,

This sum shall be transferred to the Seller's bank account, the identification details of which were communicated to the Payment Provider when the Seller registered for WAVO Services.

WAVO shall invoice the Seller for its commission.

7.4.6 Sending the Sneakers to a third party

Where the Seller exercises its option to cancel the Contract of Sale in order to resell its Sneakers to a third party, it shall pay WAVO :

• the purchase price to be repaid,
• the cost of delivery of the Sneakers to the third party purchaser.

In this context, the Seller mandates WAVO to deliver Sneakers deposited in the Safe to a customer found directly by the Seller.
To this end, the Seller :

• communicates to WAVO all the information necessary for the Carrier to proceed with the delivery of the parcel and to fill in the recipient's address correctly, completely and accurately,
• pays the price of the corresponding service, which is added to the Purchase Price to be reimbursed.

The dispatch note is provided by WAVO.
Payment of the sums owed by the Seller to WAVO must be made within a maximum of 24 hours of the request to exercise the right to cancel the Sales Contract. Beyond that time, the exercise of the right to cancel the Sales Contract shall be cancelled.

Acknowledgement by WAVO of receipt of the corresponding sum shall be deemed to be a declaration by the Parties that the sales contract has been terminated.

7.4.7 Loss of the right to cancel the Sales Contract

The Seller expressly and irrevocably accepts the possibility of losing his right to cancel the Contract for the sale of Sneakers with right of repurchase with right of probable cancellation under the conditions set out in Article 7 in the following circumstances:

If, within the period for exercising the right to cancel the Sneakers Sales Contract provided for in clause 7.4.1, WAVO notes a substantial fall in the market value of the Sneakers to which the right to cancel relates, WAVO may notify the Seller of the loss of its right to cancel.

The Sneakers will be deemed to have suffered a substantial fall in market value when WAVO has ascertained, on the Sneaker sales market, that the market value of the Sneakers to which the cancellation option relates is less than or equal to the Immediate Purchase Price x 1.1.

The substantial fall in the market value of the Sneakers subject to the cancellation option on the Sneaker sales market is established by weighting the net amount before tax of the purchase offers proposed by a representative sample of at least cinq (5 ) Sneaker resale channels with which WAVO works.

WAVO shall provide the Seller with any objective evidence that the value of the Sneakers has fallen substantially as at the date of notification of the loss of the right to cancel the Sales Contract.

In the event of loss of the Seller's right to cancel the Sales Contract, the Sneakers shall irrevocably remain the property of WAVO, which may dispose of, transfer or retain them as it sees fit.

WAVO will therefore be able to :

• Or sell the Sneakers to limit the negative impact of the loss in value of the Sneakers and keep the proceeds of the sale,
• Or keep the Sneakers,
• In other words, wait for the Sneakers to recover in value so that you can sell them later.

If the Seller wishes to dispute the value of the Sneakers on the basis of which WAVO has notified the Seller of the loss of its right of cancellation of the Contract for the sale of Sneakers with a right of repurchase with a probable right of cancellation , then it may implement the procedure set out in Article 15.

7.5 Failure by the Seller to exercise its right to cancel the Sales Contract

If the Seller fails to exercise its option to cancel the Sneakers Sale and Repurchase Agreement with the option of probable cancellation, in the forms and within the periods stipulated, the Seller shall be deemed to have definitively waived its right to take back the Sneakers, which shall irrevocably remain the property of WAVO, which may dispose of, transfer or retain them as it sees fit.

8. Obligations of the Seller

8.1 Obligations relating to the use of WAVO Services

As part of the use of WAVO Services, the Seller undertakes to :

• Respect the conditions of use of the Site,
• to provide complete and accurate information when registering and to update this information in the event of any changes,
• not to use the WAVO Services for fraudulent purposes or purposes not provided for in these GCU and the Sales Contract,
• not to use the Site for commercial purposes in any form whatsoever,
• not to create or use more than one (1) Seller Account,
• not to communicate or transfer its Seller Account information to a third party,
• not usurp an identity or attempt to use a Seller Account other than their own,
• do not carry out any analysis of the system that could be likened to reverse engineering,
• not to upload viruses or files that could potentially threaten the integrity of the Site,
• not to make copies of any element of the WAVO Services,
• not to use the WAVO Services specifications to create or permit the creation of a programme for the same purpose, and
• not to modify, alter, revise or decompile the WAVO Services for any purpose whatsoever.
• Not to seek to reproduce, archive etc. the market prices and information distributed by WAVO to the Seller.

At any time, the Seller may be asked to justify the accuracy of the information provided at the time of registration by sending a copy of a national identity card and proof of address. If the Seller fails to provide said proof within thirty (30) days of the request, WAVO reserves the right to delete the Seller's Account.

8.2 Obligations relating to the sale of sneakers

As part of an Offer to Purchase request, the Seller undertakes to :

• declare complete and accurate information on the quality and condition of the Sneakers,
• comply with all the terms and conditions of the sale with cancellation option procedure as set out in these GCU,
• be of legal age and have full capacity to sell the Sneakers
• own the Sneakers and
• do not send counterfeit sneakers.

At any time, WAVO may ask the Seller to provide proof of the authenticity of the Sneakers by sending a certificate of authenticity or any other proof of authenticity and/or ownership of the Sneakers. If the Seller fails to provide said proof within thirty (30) days of the request, WAVO reserves the right to delete the Seller's Account.

With regard to the Professional Seller, at any time, in the event of failure of the sale on the grounds of authenticity by a third party, WAVO reserves the right to terminate the Contract for the Sale of Sneakers by repurchase with the option of probable cancellation in the event that the Sneakers, even if they have been declared authentic by WAVO at the time of their authentication under the conditions of article 7.1.4, are refused by the channel for the resale of Sneakers by WAVO when the latter acts as commission agent under the conditions set out in article 7.4.5.
In this case, WAVO may demand reimbursement of the Immediate Purchase Price it has paid to the Seller. All costs incurred by the Seller in attempting to resell the disputed Sneakers shall be added to the Immediate Purchase Price.
Sneakers may also, at the Seller's request, be returned at the Seller's expense.

8.3 Compliance with tax and social security obligations

The Seller is informed that its activity on may generate legal, fiscal, social and administrative obligations, which it must fulfil under the applicable legislation.

The Seller is solely responsible for all the declarations and formalities required for its activity and must fulfil all the obligations incumbent upon it, where applicable, under French law and/or the foreign legislation on which it depends, and in particular the payment of social security contributions and/or the declaration of income received.

9. Confidentiality

9.1.

The Parties undertake to keep secret information of any kind that they may have collected in connection with the use of WAVO Services. In particular, the Company undertakes to maintain the confidentiality of information gathered during use of WAVO Services by the Seller and relating to the latter.

9.2.

Upon termination of the Seller Account for any reason whatsoever, this obligation will remain in force for a period of five (5) years.

9.3.

This obligation does not apply to information which :

• are already in the possession of the Party to whom they were communicated, or who obtained them prior to the Seller's registration with WAVO Services,
• are part of the public domain,
• have been expressly designated as non-confidential by the issuing Party,
• was obtained by one of the Parties from a third party not subject to a confidentiality agreement with the Party initially holding the information and unrelated to the operation and/or use of WAVO Services,
• were obtained or developed by one of the Parties without the aid of information communicated by the other Party, or
• must be legally disclosed.

10. Personal data

10.1. In connection with the use of the WAVO Services, WAVO shall process the Seller's personal data in accordance with the conditions set out in its privacy policy. The Seller is therefore invited to visit the following page [URL to be inserted] in order to find out about the conditions under which personal data is processed.

10.2. In any event, the Seller has the right to access, rectify, delete, limit and oppose the processing of personal data concerning him/her at any time.
To exercise its rights, the Seller may, at its option, send an e-mail to WAVO at the following address: [à compléter] or a letter to the following address: [à compléter].

10.3. WAVO shall not use the Seller's personal data for any purpose other than the performance of the Services.

11. Intellectual property

11.1.

All intellectual property rights relating to WAVO Services and all the elements of which they are composed (Brand, structure, architecture, algorithms, interfaces, software, etc.) are the full and entire property of WAVO and/or its partners and service providers, which the Seller acknowledges and accepts.

11.2.

Consequently, the Seller is strictly prohibited from:

• make copies of the WAVO Services or of any element of the WAVO Services
• to use the WAVO Services specifications to create or enable the creation of a programme or services with the same purpose,
• modify, alter, revise or decompile the content of the WAVO Services for any purpose whatsoever,
• use its passwords and/or identifiers for purposes other than their strict authentication purpose. In this respect, the Vendor must not, without this list being limitative, communicate, distribute, share, make accessible, in any way whatsoever, its identification elements to third parties, and
• not respecting the functionalities of the WAVO Services.

12. Guarantees - Liability

12.1

WAVO shall ensure the availability and continuity of the WAVO Services, it being understood that it shall under no circumstances be held liable for any malfunction of the WAVO Services due to maintenance, technical problems, congestion of the Internet network or failure of any other teletransmission system that might prevent the WAVO Services from functioning.

12.2

WAVO does not guarantee the continuity and quality of communications links with the Seller. Thus, communications with WAVO may be interrupted without prior notice for a reasonable period of time, in particular for maintenance reasons or for any reason other than a fault on the part of WAVO.

12.3

WAVO shall not be held liable in the event of poor performance of WAVO Services caused by incorrect information or information that has not been updated by the Seller.

12.4

In the event that WAVO's liability is called into play, in particular as a result of malfunctioning of the WAVO Services, WAVO may prevent such action, at its sole discretion, by correcting the anomaly or updating the WAVO Service concerned.

12.5

Provisions applicable to Occasional Sellers

12.5.1 WAVO provides occasional Sellers with the legal guarantee of conformity attached to the service and digital content that it makes available, in accordance with the terms set out in articles L 224-25-12 et seq. of the Consumer Code.

Under this warranty, WAVO is liable for defects in conformity:

• existing at the time of the supply and which become apparent within two years of the supply, where the Contract provides for a one-off supply of the digital content or service, or a series of separate supplies;
• which appear during the period in which the digital content or service is supplied to the Non-Professional Customer under the terms of the Contract, where the Contract provides for the continuous supply of the latter.

12.5.2 When the Occasional Seller makes use of the legal guarantee of conformity, he is entitled to :

• WAVO to bring the digital content or service into conformity, free of charge, taking into account its nature and the intended use by the Occasional Seller;
  • Failing this, the price may be reduced or the Contract rescinded if :
    • WAVO shall refuse to ensure compliance, unless this proves impossible or would entail disproportionate costs in view of the lack of compliance or the value of the digital content or service;
    • compliance is unjustifiably delayed, causes costs or major inconvenience to the occasional Seller;
    • the non-compliance of the digital content or service persists despite an unsuccessful attempt to remedy the situation.
      However, the Contract may not be rescinded if the lack of conformity is minor.

In the event of termination of the Contract, WAVO undertakes to:

• where the Contract provides for a one-off supply of the digital content or service or a series of separate supply operations: refund to the Occasional Seller the price paid and return any other benefit received under the Contract;
• where the Contract provides for the supply of the digital content or digital service during a given period: refund or return, within a period of fourteen (14) days from the day on which WAVO is informed by the Occasional Seller of its decision to exercise its right to terminate the Contract, the proportional part of the price and all the benefits corresponding to the period during which the digital content or digital service did not comply;
• make available to the Occasional Seller, free of charge and within a reasonable period of time, any content that was provided or created by the Occasional Seller in the course of using the digital content or service, provided that the content has a purpose outside the context of its use, that it relates solely to the activity of the Occasional Seller when using it or that it has not been aggregated by WAVO with other data without being able to be easily disaggregated.

In addition, the Occasional Seller is entitled to :

• suspend payment of all or part of the price or delivery of the benefit provided for in the Contract until WAVO has fulfilled its obligations.
• demand the reduction of the price or the immediate cancellation of the Contract without having to make a prior request for compliance, if the lack of compliance is so serious as to justify it.
  In the event that the Occasional Seller requests a price reduction, this will be proportional to the difference between the value of the digital content or service supplied and the value of this digital content or service in the absence of the lack of conformity.

12.5.3 This warranty does not cover defects due to incompatibility between the digital content or service provided by WAVO and the digital environment of the Occasional Seller, where the Occasional Seller has been informed by WAVO of the technical compatibility requirements of this content or service prior to the conclusion of the Contract. The Occasional Seller is obliged to cooperate in determining whether the incompatibility is the cause of the lack of conformity. In the event of refusal, the onus shall be on the Occasional Seller to prove WAVO's liability.

12.5.5 WAVO shall not be held liable in the event of temporary or permanent interruption that is not of its making and that is attributable either to the occasional Seller, or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure as defined in article 13.2.

12.5.6 No commercial guarantee is given by WAVO.

12.6 Provisions applicable to Professional Vendors.

In the event of doubt as to the interpretation of a clause or in the absence of any mention enabling the precise extent of WAVO's obligations to be determined, the Professional Seller acknowledges that WAVO's obligations shall be understood as obligations of means.

UNDER NO CIRCUMSTANCES, EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, SHALL WAVO'S LIABILITY FOR DAMAGE OTHER THAN DAMAGE TO THE SNEAKERS EXCEED THE AMOUNT PAID BY THE PROFESSIONAL SELLER FOR THE SERVICE IN RESPECT OF WHICH THE DAMAGE AROSE.

WAVO shall under no circumstances be held liable for any immaterial and/or indirect damage, in particular operating loss, loss of clientele, loss of turnover, loss of data, moral or commercial prejudice, damage to the brand image that the Professional Seller may suffer.

Any challenge by the Professional Seller to the proper performance by WAVO of its contractual obligations shall be substantiated and shall be the subject of a registered letter with acknowledgement of receipt sent at the latest within one year of the alleged non-performance. Failure to do so shall constitute a waiver on the part of the Professional Seller to criticise the proper performance by WAVO of its contractual obligations.

13. Maintenance

13.1. In the event of maintenance, operation of the Services may be suspended subject to ten (10) days' notice.

13.2. In addition, any case of force majeure as usually recognised by the courts may result in the suspension of WAVO Services without notice for maintenance purposes.

14. Duration - Deletion of the Seller Account

14.1.

Registration for WAVO Services shall be effective from the date of confirmation of activation of the Seller's Account sent to the Seller at the email address he has provided. The said registration is valid for one year.

Once the Seller's registration has expired, it shall continue for an indefinite period, unless the Seller notifies WAVO at any time by sending an e-mail to WAVO (hello@wavo-app.com) giving seven (7) days' notice . The Occasional Seller will be informed by e-mail of its option to terminate its registration.

Subsequently, the registered Seller may unsubscribe from WAVO at any time by sending an e-mail to WAVO (hello@wavo-app.com). Unsubscription will take place within a maximum of seven (7) days.

No unsubscription may take place as long as the Seller benefits from a current cancellation option on one or more Sneakers stored in a Safe.
Therefore, in order to unsubscribe, the Seller must have previously exercised or waived, on a case-by-case basis, all the cancellation options available to it, under the conditions set out in articles 7.4 et seq.

14.2.

As an exception to the foregoing, WAVO reserves the right to automatically delete the Seller's Account in the event of the Seller's failure to fulfil one of its obligations, after formal notice to rectify the situation has been sent to the Seller by email, which has remained unsuccessful for seven (7) days from receipt of the said email. This termination will take effect immediately if the breach cannot be remedied.

The following in particular are considered to be obligations, non-performance of which may result in the deletion of the Seller's Account, payment of the monthly fee, the obligations as defined in articles 3.3, 7 and 8 relating to the use of WAVO Services, the obligation of confidentiality and the obligation to respect intellectual property rights.

Furthermore, each of the Parties reserves the right to terminate the Sales Contract in the event of the other Party failing to fulfil one of its obligations, following formal notice to rectify the situation, sent to the other Party by email, which has remained unfruitful for seven (7) days from receipt of the said email. This termination will take effect immediately if the breach cannot be remedied.

14.4

If the Seller's Account is deleted for any reason whatsoever, the Seller may no longer access WAVO Services.
If WAVO still has Sneakers in a Safe for which the Seller has a trade-in option, WAVO shall return the Sneakers to the Seller under the conditions set out in article 7.4.4.

15. Applicable law and jurisdiction

15.1

These GCU and the transactions arising from them are governed by French law.

15.2

Provisions applicable to Occasional Sellers.

In the event of a dispute, an amicable solution will be sought between the parties.
The Occasional Seller is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, WAVO has joined the mediation service of :
................................... (hereinafter the "Mediator").

After making prior written representations to WAVO, you may refer any consumer dispute to the Ombudsman's service if you are unable to reach a settlement. To find out how to apply:
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. on.

This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
For any further information or queries, the Occasional Seller may contact WAVO at the following address: hello@wao-app.com
If no agreement is reached through mediation, all disputes arising from this contract, concerning its validity, interpretation, performance, termination, consequences and follow-up, will be submitted to the competent courts under the conditions of ordinary law.

15.3 Provisions applicable to Professional Vendors

In the event of a dispute, an amicable solution will be sought between the parties. IN THE ABSENCE OF AN AGREEMENT WITHIN THIRTY (30) DAYS OF NOTIFICATION OF THE DISPUTE TO THE OTHER PARTY, ANY DISPUTE RELATING TO ANY OPERATIONS COVERED BY THESE GENERAL TERMS AND CONDITIONS OF USE, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, WILL BE SUBJECT TO THE SOLE JURISDICTION OF THE COMMERCIAL COURT OF LYON (FRANCE), WHICH IS EXPRESSLY ACCEPTED BY THE PROFESSIONAL SELLER.

16. General provisions

16.1 Transfer to a dedicated third-party legal vehicle

Since WAVO has full and complete disposal of the Sneakers, WAVO remains free and reserves the right to transfer them to a third party during the cancellation period. WAVO therefore expressly reserves the right to assign the Sneakers and the sale with right of repurchase and probable cancellation agreement concluded with the Seller relating thereto to the third party of its choice (hereinafter "Transferee"), which shall be bound by the terms and conditions of the sale agreement. In this case, WAVO undertakes to inform the Transferee of the cancellation option reserved for the benefit of the Seller and of the conditions under which it may be exercised, so that this option can be invoked against the Transferee.

The Seller recognises the Assignee as a service provider and undertakes, in particular, to pay the Assignee, directly or to his order, all the contributions in principal, interest and accessories as well as, where applicable, the reimbursement of the Immediate Purchase Price and all the costs for which he is liable under the terms of the Sales Contract and these GCU.

Notwithstanding the substitution of the Assignee, which replaces WAVO, commercial and technical support will continue to be provided by WAVO, which therefore remains the Seller's contact.

16.2

No tolerance on the part of one of the Parties with regard to the other Party may be interpreted as a waiver of all the rights granted to it by these GCU.

16.3

WAVO reserves the right to subcontract all or part of the performance of WAVO Services.

16.4.

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

16.5.

In the event of a dispute, the Parties agree to consider the email as an original written document with full proof and waive the right to contest this means of proof, unless they wish to dispute its authenticity.