General terms and conditions of sale and services
The present General Terms and Conditions govern the sale of Products and associated Services by ANYW3AR, a simplified joint-stock company with a share capital of €2,222.40, registered with the Nanterre Trade and Companies Register under number B 987 629 996 (hereinafter referred to as "ANYW3AR") and any natural person acting solely within the framework of their personal needs as a consumer (hereinafter referred to as "the Client").
ANYW3AR and the Client are each individually referred to as "a Party" and collectively as "the Parties."
Article 1: Definitions
This article defines key terms contained in the present General Terms and Conditions of Sale and Services, as follows:
"ANYW3AR":
Refers to ANYW3AR, a simplified joint-stock company with a share capital of €2,222.40, registered with the Nanterre Trade and Companies Register under number B 987 629 996, with its headquarters located at 3 rue Pierre Brossolette, CHATILLON, and editor of the Platform.
"Blockchain":
Refers to a secure and transparent data storage and transmission technology that operates without a central controlling authority.
"Order":
Refers to any order placed by the Client with ANYW3AR through the Platform.
"Cryptocurrency":
Refers to all digital currencies as defined in the Monetary and Financial Code, based on Blockchain technology (Bitcoin, Ether, etc.).
"Personal Data" or "Data":
Refers to any information allowing the direct or indirect identification of a natural person, such as their name, first name, email address, postal address, telephone number.
"Intellectual Property Rights" or "Rights":
Refers to all exclusive ownership or usage rights, including but not limited to copyright, neighboring rights, design and model rights, trademark rights, patents, rights related to databases, software rights, topography rights.
"Non-Fungible Token" or "NFT":
Refers to a digital token that grants access to a digital asset recorded on a Blockchain and serves to represent the certificate of authenticity of the underlying digital asset. It is reminded that the author(s) of any work potentially associated with an NFT retains ownership of any intellectual property rights over the Work, unless there is a contractual transfer of copyright in favor of the NFT holder.
"Work" or "Graphic":
Refers to any content, design, model, graphic, writing, character, image, photograph, and more generally any element capable of graphic representation, associated or not with an NFT.
"Partner":
Refers to any person likely to offer, in partnership with ANYW3AR, the customization of Products on the Platform or access to commercial operations for Clients.
"Platform":
Refers to the website accessible at the following URL: www.anyw3ar.com.
"Product":
Refers to any item or accessory (including but not limited to clothing and patches that can be attached) sold by ANYW3AR on the Platform.
"NFC Chip":
(Near Field Communication): Refers to a chip enabling data exchange between devices using NFC technology (short-range wireless communication technology).
"Services":
Refers to all additional services offered to the Client associated with their Order.
"Wallet":
Refers to the Client’s personal digital wallet that allows, among other things, the storage of their Cryptocurrencies.
Article 2: Awareness and Acceptance of the General Terms and Conditions
By placing an Order for a Product, the Client expressly declares having read the present General Terms and Conditions of Sale and accepts all its provisions without reservation by checking the appropriate box, to the exclusion of any other document, such as brochures or catalogs issued by ANYW3AR, which are for information purposes only.
No special condition may prevail over the present General Terms and Conditions unless formally and in writing agreed to by ANYW3AR. These General Terms and Conditions are available on the Platform.
Article 3: Information on Orders
3.1. Products
The Platform is an online sales site for connected Products, such as jackets, pants, or caps, and patches that can be attached to these garments.
The garments and patches contain an NFC (Near-Field Communication) chip, which can be scanned by the Client or any third party using a smartphone, providing access to an online interface. This interface allows the Client to certify ownership of the garment and the patch by means of a keyword associated with the Product shown on the purchase invoice issued after the Order. Through this NFC chip, the Client may choose to digitally link their garment or patch to their social media accounts.
By choosing to link their social media accounts to the NFC chip integrated into the Products, the Client acknowledges that third parties will have access to their social media accounts. ANYW3AR does not store this data and invites Clients to review its Privacy Policy available on the Platform for more information.
Each Product presented on the Platform is accompanied by a detailed description of its essential characteristics (its composition, size, maintenance and/or washing instructions, etc.).
The photographs of the Products are illustrative and do not constitute a contractual document.
For additional information, the Client may contact ANYW3AR before placing an Order at the following email address: contact@anyw3ar.com.
3.2. Ordering and Customization of Products
The Client can select a Product model on the Platform, according to different sizes and colors.
Once the Product(s) have been added to the shopping cart on the Platform, the Client must ensure that the Order content and the information provided are accurate (including the quantity and characteristics of the Products ordered, the billing and delivery address, and the payment method) before finalizing the Order.
To proceed with the Order on the Platform, the Client must create a user account using an email address and a password.
Once the order has been validated by ANYW3AR, the Client can proceed with the purchase of the Products by following the payment instructions on the Platform.
The Client's commitment is formalized by payment, which constitutes a firm and definitive agreement between the Client and ANYW3AR.
A copy of the order confirmation is automatically sent to the Client via email to the email address provided during the Order.
The Client is informed that ANYW3AR operates on a pre-order system: ANYW3AR does not hold a permanent stock of products, and production is initiated once a sufficient quantity of products has been ordered by Clients.
Delivery times can extend up to four months (although ANYW3AR commits to making best efforts to reduce this time), with the Client being informed of delivery updates.
ANYW3AR commits to ensuring optimal product availability within its capacity limits.
In the event of product unavailability after placing the Order, the Client will be refunded the full amount of the Order within fourteen (14) days following the cancellation.
For Products that can be customized with a Graphic and/or Work:
Products expressly indicated as customizable on the Platform can be made and created upon the Client’s request according to their specifications and the Graphic or Work they have chosen to apply to the Product.
The Client declares that they hold the necessary rights associated with the Graphic and/or Work and expressly guarantees ANYW3AR in this regard, as described in Article 7 of these General Terms and Conditions.
ANYW3AR expressly reserves the right to refuse certain Product customizations.
Once the customization is validated by ANYW3AR, it can be initiated after payment of the Order by the Client.
3.3. Services Associated with the Order
Scanning the NFC chip contained in the Products may allow the Client to access Partner commercial sites as part of operations conducted by them.
For any claims related to these operations, the Client must contact the relevant Partner directly, with ANYW3AR disclaiming all responsibility in this regard, which the Client expressly acknowledges.
For Orders expressly indicated as entailing the creation of a Wallet by ANYW3AR:
The Client may benefit from access to a personalized Cryptocurrency Wallet upon the first scan of the NFC chip.
This Wallet will also allow them to access their user account on the Platform.
Clients who already have personal digital cryptocurrency wallets may transfer their cryptocurrencies to this new Wallet and vice versa.
Article 4: Financial Terms
4.1. Prices
Product prices are indicated including all taxes (TTC) on the Platform. They are expressed in euros for Clients located in France or the European Union and in U.S. dollars for Clients located outside the European Union.
The prices indicated include the Value Added Tax (VAT) at the rate in effect on the date of the order.
Delivery charges are indicated to the Client before the Order is placed (depending on the weight of the package and the Delivery address). All taxes, duties, fees, or other charges payable under current French legal provisions, or those of an importing country or a transit country, shall be borne by the Client.
4.2. Payment
Payment for the Order is made on the Platform by credit card or through Cryptocurrency payment via Solana Pay or Crypto.com.
The Client expressly acknowledges that ANYW3AR may cancel the Order in case of non-payment, fraudulent payment, or attempted fraud.
Additionally, ANYW3AR reserves the right to implement a payment verification system at the time the Order is placed.
The Client agrees to comply with the payment verification procedure and not attempt to bypass it.
ANYW3AR reserves the right not to proceed with the customization or delivery of Products ordered by the Client in the event of non-payment of the full price.
ANYW3AR retains exclusive ownership of the Products ordered on the Platform until full payment is made.
Article 5: Delivery
5.1 Delivery Address
Products are shipped to the delivery address provided by the Client during the ordering process on the Platform.
ANYW3AR declines all responsibility for delivery issues if the Client provides an incorrect or inaccurate address.
Therefore, the Client is encouraged to verify the accuracy of the address they provide when placing their Order.
5.2 Delivery Timeframes
ANYW3AR commits to making its best efforts to ensure the delivery of Products within a maximum period of four months.
In any event, ANYW3AR will endeavor to keep the Client informed of any known delays in shipping and/or delivery.
In the event of a delivery delay, the Client must give notice to ANYW3AR to complete the delivery within a reasonable additional time. This notice must be sent by registered letter to the postal address or by email with acknowledgment of receipt to the addresses mentioned in Article 10, "After-Sales Service."
If this additional time is not met, the Client may cancel their Order via the following email address: contact@anyw3ar.com.
In such a case, ANYW3AR will confirm the cancellation and refund the Client the amount paid for their Order within fourteen (14) days following the cancellation.
5.3 Delivery Methods
The Client must provide, at the time of placing the Order, their mobile phone number and/or any other necessary information to ensure proper delivery of the Product.
It is expressly understood by the Parties that neither ANYW3AR nor the authorized carrier can be held responsible for delays or difficulties encountered during delivery if:
- The Client does not provide a valid and functional mobile phone number and/or any other necessary information for the delivery of the Product;
- The Client does not respond to the carrier's attempts to contact them during delivery;
- The address or contact information provided by the Client is inaccurate or imprecise.
5.4 Delivery Charges
Delivery charges are the responsibility of the Client and are calculated based on the delivery address and the weight of the package.
The amount of these costs will be added to the price of the Products and explicitly indicated when placing the Order.
5.5 Verification of the Delivered Product
Before opening the packaging of the delivered Product, the Client must ensure that the package received matches their Order and that the package is delivered in good condition.
In the event of a claim regarding the non-conformity of the delivered Product with the ordered Product or hidden defects, the Client must send an email to the following address, providing any proof supporting the non-conformity of the Product: contact@anyw3ar.com.
In the event of a defect, ANYW3AR will be required to offer a replacement solution for the non-compliant Product under the conditions outlined in Article 8 of these General Terms and Conditions.
Article 6: Right of Withdrawal
6.1 For Non-Customizable Products
In accordance with the provisions of Article L 221-18 of the French Consumer Code, the Client has the right to withdraw from their Order within 14 (fourteen) days following receipt of the Product.
The returned Product must be in its original packaging, in perfect condition, ready for resale, unused, and accompanied by all accessories, if any.
Provided that the Client complies with these conditions, ANYW3AR will refund the Client the amount of the Product within 14 (fourteen) days from the receipt of the Product. The refund will be made using the same payment method used by the Client.
6.2 For Customizable Products
Customizable Products are made and created upon the Client's request, according to their specifications and the Graphic or Work they have chosen to apply.
As such, in accordance with Article L221-28 3° of the French Consumer Code, customizable Products sold on the Platform are not subject to any right of withdrawal.
Article 7: Client's Guarantees Related to the Work and/or Graphic for Customizable Products
Any Client declares and guarantees ANYW3AR that they hold all Rights to the Works and/or Graphics (potentially associated with NFTs) that will allow for the customization of the ordered Product(s) and that they have not used any pre-existing works that are not in the public domain.
The Client guarantees that they are the author of the intellectual contributions leading to the creation of the Works and/or Graphics (potentially associated with NFTs) or that they have been granted all necessary Rights for customization, and that the Works and/or Graphics do not infringe on third-party rights (violation of privacy, copyright, neighboring rights, unfair competition, disparagement, etc.).
The Client further guarantees that the Works and/or Graphics do not contain elements that may violate current legal provisions.
The Client guarantees ANYW3AR against any claims, actions, or lawsuits that may be brought by any natural or legal person regarding the infringement of the aforementioned rights.
ANYW3AR reminds that ownership of a Non-Fungible Token does not automatically imply the transfer of copyright to the associated Work and/or Graphic.
Under these conditions, it is the responsibility of any ANYW3AR Client to verify beforehand that they have all the rights to the Work represented within the NFT to display, reproduce, adapt, or print it on Products via the Platform operated by ANYW3AR.
For Works and/or Graphics provided by Partners:
All texts, logos, creations, designs, graphics, photographs, images, distinctive signs, etc., provided by the Partner may be protected by intellectual property rights, including but not limited to copyright, image rights, neighboring rights, database rights, and trademark rights.
The Partner remains the sole owner of the various intellectual property rights over these Works and/or Graphics.
As such, it is expressly understood that the customization and order of the Product made by the Client via the Platform do not grant any rights over the above-mentioned Works and/or Graphics.
Any copying, reproduction, representation, adaptation, translation, modification, distribution, and/or transformation, in whole or in part, or transfer of these elements, data, and content, without the express written consent of the rights holder and beyond the limits set forth in the General Terms and Conditions, may constitute an infringement of the Partner's intellectual property rights.
The Client guarantees ANYW3AR against any claims or actions that the Partner may bring in this regard.
Article 8: ANYW3AR’s Guarantees
Without prejudice to claims that must be made directly against the carrier, the Client benefits from the legal warranty against hidden defects resulting from Articles 1641 to 1649 of the French Civil Code and the legal warranty of conformity from Articles L.217-4 and following of the French Consumer Code.
In the event of non-conformity of the Product (understood as rendering it unfit for the use normally expected of such a Product, not corresponding to the description given by ANYW3AR, or lacking the qualities announced by ANYW3AR or agreed upon with the Client), the Client may take action within two (2) years from the delivery of the Product (Article L. 217-12 of the Consumer Code).
In the case of a hidden defect in the Product (understood as any hidden defect in the sold Product that makes it unfit for its intended use, or that so diminishes its use that the Client would not have purchased it, or would have paid a lower price for it, had they known about the defect), the Client may take action within two (2) years from the discovery of the defect (Article 1648 of the Civil Code).
In the event of non-conformity or hidden defects, the Client may choose between the repair of the Product or its replacement.
To allow the Product to be returned to ANYW3AR and for the Client to receive a replacement or repair, they must provide any justification regarding the reality of the non-conformity or hidden defects of the Product to the After-Sales Service address mentioned in Article 10 of these General Terms and Conditions of Sale.
In such a case, ANYW3AR will cover the cost of returning the Product, provided it has not suffered additional damage and is returned in its original packaging, along with any accessories.
If repair and replacement of the Product are impossible, the Client may return it and receive a refund or keep it and receive a partial refund of the price.
ANYW3AR will refund the Client the amount of the Product within 14 (fourteen) days from the receipt of the Product. The refund will be made using the same payment method and currency as those used by the Client when placing the Order.
In addition, it is reminded that the Client must strictly adhere to the recommendations indicated on the Platform regarding the maintenance and washing of the Product, particularly concerning the presence of an NFC chip in the Product.
The Client expressly acknowledges that neither the garments nor the patches can be machine washed.
Article 9: Personal Data
The Personal Data requested from the Client is necessary for processing the Order and delivering the Product.
For more information on this processing and/or to exercise their rights, the Client is invited to consult the Personal Data Policy accessible on the Platform.
Article 10: After-Sales Service
For any information, complaint, or question regarding these General Conditions or the Products, the Client can contact the ANYW3AR After-Sales Service, mentioning their Order number if applicable, by email at the following address: contact@anyw3ar.com.
Article 11: Amendments to the General Conditions
These General Conditions may be amended by ANYW3AR.
In the event of amendments to these General Conditions by ANYW3AR, the contractual relationship between ANYW3AR and the Client will be exclusively governed by the General Conditions accepted by the Client on the date of the Order.
Article 12: Force Majeure
ANYW3AR cannot be held responsible for the non-performance of any of its obligations in the event of a force majeure occurrence, as defined by applicable legal provisions and the case law interpreting them.
Any event that is unpredictable, irresistible, and independent of the seller's will is considered a case of force majeure.
Article 13: Nullity
If any clause of these General Conditions is deemed null, unwritten, unenforceable, or inapplicable, that clause or stipulation will be deemed divisible and will not lead to the nullity of the other clauses and stipulations.
Article 14: Dispute Resolution
These General Conditions are governed, interpreted, and applied in accordance with French law.
In the event of a dispute, the Consumer will first attempt to submit a written complaint to the ANYW3AR After-Sales Service whose address is provided in Article 10.
In the event of a persistent dispute, the Client may then contact the Consumer Mediator under the conditions provided for in Title I of Book VI of the Consumer Code, at the following contact information:
Postal Mail: Médiateur de la consommation FEVAD - BP 20015 – 75362 PARIS CEDEX 8
Email: mediateurduecommerce@fevad.com
Any dispute relating to the interpretation or execution of these terms will be subject to the jurisdiction of French courts.