General terms and conditions of sale : "Wharn" platform

Last modification : 10 june 2020


Article 1 : Company details, contact and application

  1. These General Conditions of sale govern the services/digital content provided for sale by the company Wharn (via its Platform) whose head office is located at 50 Place Pierre Delannoy, 7850 Enghien and which is known to the Belgian Carrefour des entreprises under number BE0767.456.377. Hereinafter “Wharn".

  2. Wharn sells digital content / services (paid pins and allows the publication of a company logo on its interactive map) both to professionals (entrepreneurs / companies) and to individuals (consumers) who buy for non-commercial purposes -professional via the Platform.

  3. The Purchaser (whoever it is) expressly acknowledges having read and accepted these General Conditions in their entirety as well as their primacy over any other general or specific conditions of the parties when placing an order.

  4. Any request for contact (in particular to exercise one of the rights provided for in articles 5, 6 and 11 of the present general conditions of sale can be sent to Wharn by post or by sending an e-mail to: info@wharn.com.

  5. The nullity, derogation or unenforceability of one or more clauses of these General Conditions does not prejudice the application of the other clauses. The parties agree to replace the disputed clause(s) with one or more others fulfilling the same function(s).

  6. In case of discrepancies between the language versions of these general conditions of sale, the French language version will prevail.

Article 2 : Definitions

« Wharn » : The Wharn company identified in point 1.1 of these general conditions of sale ;

« General conditions » : These general conditions of sale ;

« The Plateform » : The Wharn platform accessible via its mobile or PC version available via the link www.wharn.com ;

« Chargeable pin » : Certain "pins" in the "There" category that are offered for sale via the Platform (pins with free location and timing - these can be recurring events filed in advance). The price of a paid pin varies according to their degree of advertising, visibility, recurrence and the degree of zoom ;

« The Seller » : Wharn ;

« Buyer / Purchaser » : The buyer(s) of one or more chargeable pins. It can be a natural person client who acts for purposes that are not part of his commercial, industrial, craft or liberal activity or a professional buyer (i.e. an entrepreneur / company that buys in the course of its activity) ;

« Consumer » : Only Buyers who are natural persons and who act for purposes which are not part of their commercial, industrial, craft or liberal activity. This term is used when certain provisions of the General Conditions are only applicable to Consumers ;

« User » : Anyone using one of the services provided by the platform and having created a user account on the platform ;

« Account » : the personal interface that a user has on the platform and which allows him, among other things, to access the services of the platform and to order products or services offered there ;

« Parties » : Means either one of the two Parties to the contract (in the singular), in the plural means Wharn and the Buyer who placed an order (of a paying pin) via the platform.

Article 3 : Offers and order process

  1. Wharn's offers are always accompanied by a complete and detailed description of the digital content / services offered. This description allows the Buyer to have a faithful and complete description of the digital content / services offered before committing. In the event of a manifest error in the description Wharn is not obliged to deliver the product or service concerned.

  2. If an offer is temporary or subject to special conditions, this is always clearly indicated in the offer.

  3. Upon confirmation of your order or at the latest upon delivery, we will send you a summary of your order with an attachment of a copy of our General Conditions in a format that you can save or print, which we recommend to do in any case.

  4. In order to place an order, the Purchaser who is a natural person must be at least 18 years old. If this is not the case, he must obtain the prior consent of his parents or his guardian or legal representative in order to place an order. If Wharn finds that the order has been made by a minor, Wharn reserves the right to refuse this order.

  5. Order process: To buy digital content / service, the Purchaser (whomever he/she is) must first create a user account (this is explained because the products and services sold are inextricably linked to the services offered by the Platform) and then select the desired product / service and add it to his “basket”.

    Once the orders have been placed, the Purchaser clicks on the basket icon which gives him/her access to a summary page of his order.

    The Purchaser then fills in the information relating to his identity and billing details.

    On this page, the Purchaser who wishes to finalize their order must accept the present General Conditions of sale as well as Wharn's Privacy and Cookies Policy (check boxes) and finally activate the button with the mention "order with payment obligation". This last step makes the final order for the Buyer.

  6. The Purchaser's order is accepted by Wharn when the Purchaser receives confirmation of his order (by email) after Wharn has received approval for the transaction. No order is accepted or processed without valid payment in the name of the (registered) card holder.

  7. The Purchaser placing an order accepts that his billing data will be processed by Wharn and the payment service provider in accordance with what is explained in Wharn's privacy and cookie policy available via the link www.wharn.com/privacy/en.

  8. Wharn retains its ownership of the goods sold until full payment of the price and its accessories (any costs, interest and penalties).

Article 4 : Prices and payments

  1. All the prices indicated on the Platform are prices in euros excluding VAT and all other taxes, taxes and services.

  2. During the period of validity mentioned in the offer, the prices of the goods and / or services offered are not increased, except price changes following changes in VAT rates.

  3. Wharn proposes the following means of payment: Visa, Mastercard, Maestro, American Express as well as all the methods of payment available on the site: https://stripe.com/fr-be/payments/features#cards (payment service provider which processes billing data in accordance with its own privacy and cookie policy). The transaction data is encrypted with SSL technology.

Article 5 : Right of withdrawal (only for Consumers)

  1. Any Consumer who makes a purchase via the Platform has in principle a period of 14 calendar days from the conclusion of the contract to withdraw from said contract.

  2. As an exception to the right of withdrawal granted to Consumers and in accordance with VI.53 point 13 of the Belgian Economic Law Code, it is provided that when providing digital content not supplied on a material medium, the Consumer who orders a such content waives exercising its right of withdrawal if the execution of the contract has started.

    In practice, in the case of the order of a paying pin by a Consumer, the latter acknowledges that he waives his right of withdrawal if he makes use of this paying pin.

  3. Except in the cases referred to in 6.2 or by another exception provided for in the Economic Law Code, if the Consumer makes use of his right of withdrawal, the return costs are always at his expense. At the express request of the Consumer, Wharn strives to provide (if commercially and technically possible and reasonable) an estimate of this cost as accurately as possible.

Article 6 : Conformity (all Purchasers) and legal warranty (only for Consumers)

  1. Wharn guarantees Buyers that the digital content (or services) it sells conforms to their orders and meets the normal expectations they may have taking into account the product specifications. For digital products, these include accessibility, continuity, interoperability and security features. Wharn also warrants that its products meet the requirements of all existing laws at the time of order.

  2. In addition, Consumers benefit from the minimum legal warranty period of two years in the event of non-compliance. This means that in the event of defects in goods which are discovered up to 2 years after delivery, simplified possibility for the consumer to request the termination of the contract for lack of conformity or to request compliance or a proportional reduction of the price.

    If the finding of the defect is made within the six months, the defect is presumed to exist since delivery. The seller must prove otherwise if he does not agree. If the finding is made more than six months after delivery, the consumer is required to prove the existence of the non-conformity at the time of delivery.

  3. The Purchaser (whoever he is) understands that if the defect is minor, he cannot demand reimbursement.

Article 7 : Duration and termination

  1. The buyer may, if it is an open-ended contract, terminate the contract for the entire duration of the contract, taking into account (if applicable) the termination rules mentioned in the contract. The buyer must always allow a period of one month between the notification of his intention to terminate the contract and the effective termination of the contract.

  2. A fixed-term contract can only last 2 years (maximum).

  3. If a fixed-term contract contains a tacit renewal clause, the contract becomes an open-ended contract with a termination period of one month.

  4. If a fixed-term service contract between the company and the consumer contains a tacit renewal clause, this clause is expressly mentioned and framed on the cover page of the contract.

Article 8 : Force Majeure and liability

  1. Wharn is exonerated from any liability in the event of an obligation not fulfilled, in whole or in part, or delayed as a result of a case of force majeure, act of the prince, fortuitous event or any other event beyond his control, caused by the Purchaser or by third parties.

  2. The following are in particular considered to be force majeure: industrial disputes, late delivery of the supplier, shortages of equipment or means of transport, wars, riots, fires, natural disasters, bad weather, pandemics, terrorism, serious road accidents during transport / journey to the place of delivery, serious illness or unexpected death of staff / member of staff, problems related to telecommunications networks, when they have the effect of delaying or rendering impossible the execution of the contract.

  3. When the Seller (Wharn) is presumed to be in one of these exemption cases; he will not have to establish the unpredictability, the irresistibility of the event, or the impossibility of performance of the contract.

    Below, the procedure to be followed in this case:

      - The Seller (Wharn) will promptly inform (within eight days of the occurrence of the triggering event) the Buyer (whoever it is) and if it is technically and commercially feasible) of the occurrence of the case of force majeure or unpredictability.

      - The parties meet within 15 days of the receipt of this information by the Buyer to see whether it is necessary to extend the execution period or terminate the contract.

      - If necessary, the seller will reimburse the Buyer (whatever it is) within 30 days of this decision by common agreement via the same means of payment as the latter used. (If commercially and technically possible).

  4. Unless contrary and imperative legal provision, the Seller (Wharn) is not bound to any compensation or damage resulting from a case of force majeure, whatever the nature of the damage, direct or indirect, foreseeable or unpredictable, in this case. including operating damage and damage to persons, both towards the Purchaser and towards third parties.

  5. With the exception of fraud or gross negligence, all generally wharn liability is limited contractually to the amount of the invoicing to the Purchaser, with a maximum of 5,000 euros irremovable and not re-assessable over time.

Article 9 : Intellectual property

  1. The Buyer (whoever it is) expressly recognizes that all intellectual property rights related to the information provided, to communications or to other declarations concerning the Products, logos, and / or the Website belong to Wharn, its sub -treaters or other beneficiaries.

  2. The Purchaser is prohibited from making use of and / or making modifications to the intellectual property rights as described in this article, such as for example reproducing them without the express prior written consent of Wharn, its subcontractors or other beneficiaries).

  3. Any violation of the prescribed points 9.2 and 9.3 of these conditions will be subject by the offender to a lump sum fine of 2,000 euros due immediately and in full to Wharn, without prejudice to possible damages.

Article 10 : Geographic offer and geoblocking

  1. Wharn respects the applicable legislation which prohibits the practice of “geoblocking”, Buyers can buy the content (and if applicable) the goods and services offered via the Platform from a professional based in another EU country, in the same conditions (same price and delivery conditions) as customers domiciled in this country.

Article 11 : Complaints, applicable law and jurisdiction

  1. When a Buyer wishes to file a complaint, he can contact Wharn at the address mentioned in point 1.3. Wharn is committed to handling your complaint within 14 business days.

  2. Belgian law is exclusively applicable to all contracts concluded between Wharn and Buyers within the meaning of these General Conditions, regardless of their place of residence. All disputes that are related to or arise from Wharn offers are subject to the exclusive jurisdiction of the Belgian courts and tribunals of the judicial district of Brussels.

  3. If, for reasons related to international law, other legislation would nevertheless be applicable, it will be interpreted in the first place in accordance with the provisions of the applicable Belgian laws relating to market practices and consumer protection.

  4. (Only for consumers) In the context of out-of-court settlement of disputes, the Consumer Mediation Service set up by the Belgian Federal Government is competent to receive any request for out-of-court settlement of consumer disputes. This service will process the request itself or transfer it to the qualified entity. You can contact the Consumer Mediation Service via the following link: http://www.mediationconsommateur.be//en.

  5. (Only for Consumers) In the event of a cross-border dispute, you can also use the "Online Dispute Resolution" platform of the European Union via the link: https://ec.europa.eu/odr.