Terms
Legals notices
ANYW3AR, mindful of individual rights, particularly regarding automated data processing, and with a desire for transparency with its customers, has implemented a policy that outlines all such processing, the purposes pursued, and the means available to individuals to best exercise their rights.
For more information about personal data protection, please visit: https://www.cnil.fr/.
Continued browsing of this site constitutes unreserved acceptance of the following terms and conditions of use.
The current online version of these terms and conditions is the only one applicable throughout the use of the site until it is replaced by a new version.
Article 1 - Legal Notice
1.1 Site (hereinafter referred to as "the site"):
ANYW3AR
1.2 Publisher (hereinafter referred to as "the publisher"):
ANYW3AR SAS with a share capital of €2,222.40
Head office: 33 RUE PIERRE BROSSOLETTE 92320 CHÂTILLON
Represented by Alan Baudot, in his capacity as President
Registered with the RCS B 987 629 995 in Nanterre
Phone number: +33 6 95 55 82 99
Email address: contact@anyw3ar.com
Director of publication: Steve Raharimanana
1.3 Hosting provider (hereinafter referred to as "the host"):
The site is hosted by Shopify Inc.
Address: 151 O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8, Canada
Contact: https://www.shopify.com/contact
Article 2 - Site Access
Access to the site and its use are strictly for personal purposes. You agree not to use this site and the information or data contained herein for commercial, political, or advertising purposes, or for any commercial solicitation, especially unsolicited email marketing.
Article 3 - Site Content
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, and all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by the intellectual property laws in force. They are the full and complete property of the publisher or its partners. Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings immediately upon becoming aware of unauthorized use does not constitute acceptance of such uses and a waiver of legal action.
Article 4 - Site Management
For proper management of the site, the publisher may at any time:
- Suspend, interrupt, or limit access to all or part of the site, reserve access to the site or certain parts of the site to a specific category of internet users;
- Remove any information that may disrupt the functioning of the site or that violates national or international laws;
- Suspend the site for updates.
Article 5 - Responsibilities
The publisher cannot be held liable in case of malfunction, breakdown, difficulty, or interruption preventing access to the site or any of its functionalities.
The equipment you use to connect to the site is under your full responsibility. You must take all appropriate measures to protect your equipment and your own data, particularly from internet-based viral attacks. Additionally, you are solely responsible for the websites and data you consult.
The publisher cannot be held liable in the event of legal proceedings against you:
- Due to the use of the site or any service accessible via the internet;
- Due to your failure to comply with these general conditions.
The publisher is not liable for any damages caused to you, third parties, or your equipment as a result of your connection to or use of the site, and you waive any claims against the publisher in this regard. If the publisher is subject to legal action as a result of your use of the site, they may turn against you to seek compensation for all damages, sums, sanctions, and costs resulting from such action.
Article 6 - Hypertext Links
The establishment of any hypertext links to any part of the site by users is strictly prohibited without the prior written authorization of the publisher.
The publisher reserves the right to refuse such authorization without providing any justification. If the publisher grants authorization, it is in all cases temporary and may be withdrawn at any time without the need for justification.
Any information accessible via a link to other websites is not published by the publisher. The publisher has no rights over the content available through such links.
Article 7 - Data Collection and Protection
Your data is collected by the company ANYW3AR.
Personal data refers to any information concerning an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, by reference to a name, an identification number, or one or more specific elements unique to their physical, physiological, genetic, mental, economic, cultural, or social identity.
The personal information collected on the site is primarily used by the publisher for managing relationships with you and, where applicable, for processing your orders.
The personal data collected are:
- Email address
Article 8 - Access, Rectification, and Dereferencing of Your Data
Under the applicable regulations regarding personal data, users have the following rights:
- The right of access: they can exercise their right of access to know the personal data concerning them by writing to the email address mentioned below. In this case, the Platform may request proof of identity from the user before implementing this right to verify its accuracy;
- The right to rectification: if the personal data held by the Platform are inaccurate, they may request that the information be updated;
- The right to deletion of data: users can request the deletion of their personal data in accordance with applicable data protection laws;
- The right to limit data processing: users can request the Platform to limit the processing of personal data in accordance with the provisions of the GDPR;
- The right to object to data processing: users can object to the processing of their data in accordance with the provisions of the GDPR;
- The right to data portability: they can request that the Platform provide the personal data they have provided to transfer it to a new Platform.
You can exercise this right by contacting us at:
33 RUE PIERRE BROSSOLETTE 92320 CHÂTILLON
Or via email: contact@anyw3ar.com
Every request must be accompanied by a copy of a valid, signed identity document and must specify the address at which the publisher may contact the requester. The response will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests requires it. Additionally, since law no. 2016-1321 of October 7, 2016, individuals who wish to do so may organize the handling of their data after their death. For more information on the matter, you can consult the CNIL website: https://www.cnil.fr/.
Users may also lodge a complaint with the CNIL on the CNIL website: https://www.cnil.fr/. We encourage you to contact us first before filing a complaint with the CNIL, as we are fully available to resolve your issue.
Article 9 - Use of Data
The personal data collected from users is used to provide the services of the Platform, improve them, and maintain a secure environment. The legal basis for data processing is the execution of the contract between the user and the Platform. Specifically, the uses are as follows:
- Access and use of the Platform by the user;
- Management and optimization of the Platform’s operation;
- Implementation of user support;
- Verification, identification, and authentication of data provided by the user;
- Personalization of services by displaying advertisements based on the user’s browsing history and preferences;
- Prevention and detection of fraud, malware (malicious software), and security incident management;
- Handling of any disputes with users;
- Sending commercial and promotional information, based on the user's preferences.
Article 10 - Data Retention Policy
The Platform retains your data for the duration necessary to provide its services or support. To the extent reasonably necessary or required to meet legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information if necessary, even after you have closed your account or we no longer need it to provide you with our services.
Article 11 - Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies within the European Union in the following cases:
- When the user publishes information in publicly accessible areas of the Platform;
- When the user allows a third-party website to access their data;
- When the Platform uses service providers to provide user support, advertising, and payment services. These providers have limited access to user data as part of performing these services and are contractually obligated to use them in compliance with applicable personal data protection regulations;
- If required by law, the Platform may transmit data to respond to claims against the Platform and comply with administrative and judicial procedures.
Article 12 - Commercial Offers
You may receive commercial offers from the publisher. If you do not wish to receive them, please click the following link: contact@anyw3ar.com.
Your data may also be used by the publisher’s partners for commercial purposes. If you do not wish this, please click the following link: contact@anyw3ar.com.
If, while browsing the site, you access personal data, you must refrain from any unauthorized collection, misuse, or any act that may infringe upon the privacy or reputation of individuals. The publisher disclaims any responsibility in this regard.
The data is kept and used for a period that complies with the current legislation.
Article 13 - Cookies
What is a "cookie"?
A "Cookie" or tracker is an electronic file placed on a terminal (computer, tablet, smartphone, etc.) and read, for example, when visiting a website, reading an email, installing or using software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).
The site may automatically collect standard information. All indirectly collected information will only be used to monitor the volume, type, and configuration of traffic using the site, to develop its design and layout, and for other administrative and planning purposes and generally to improve the service we offer you.
If applicable, "cookies" from the site’s publisher and/or third-party companies may be placed on your terminal, with your consent. In such cases, upon your first visit to the site, an explanatory banner on the use of "cookies" will appear. Before continuing to browse, the client and/or prospect must accept or decline the use of the said cookies. The consent given will be valid for thirteen (13) months. The user has the possibility to disable cookies at any time.
The following cookies are present on this site:
Google Cookies:
- Google Analytics: allows site traffic measurement;
- Google Tag Manager: facilitates the implementation of tags on pages and helps manage Google tags;
- Google Adsense: Google’s ad network using websites or YouTube videos as ad support;
- Google Dynamic Remarketing: allows personalized dynamic ads based on previous searches;
- Google Adwords Conversion: tracks Adwords advertising campaign performance;
- DoubleClick: Google’s advertising cookies to display banners.
The lifespan of these cookies is thirteen months.
Article 14 - Photographs and Product Representation
Product photographs accompanying their description are not contractually binding and do not engage the responsibility of the publisher.
Article 15 - Applicable Law
The present terms of use of the site are governed by French law and subject to the jurisdiction of the courts where the publisher's registered office is located, subject to a specific attribution of jurisdiction arising from a legal or regulatory text.
Article 16 - Contact Us
For any questions, information about the products presented on the site, or about the site itself, you can leave a message at the following address: contact@anyw3ar.com.
General terms of use
Preamble
ANYW3AR, a simplified joint-stock company, with a share capital of 2,222.40 euros, registered with the Nanterre Trade and Companies Register under number B 987 629 995 and having its registered office at 33 rue Pierre Brossolette in Châtillon (hereinafter "ANYW3AR"), operates an online sales platform for clothing and accessories equipped with NFC chips, which may, if applicable, be personalized, accessible at the URL www.anyw3ar.com (hereinafter the "Platform").
These General Terms of Use apply between ANYW3AR and any person using the Platform and are intended to establish the rules for access, rights and obligations of ANYW3AR and the User, as well as the terms of use of the Platform.
Any use of the Platform implies full and unconditional acceptance by the User of these General Terms of Use and the Privacy Policy, which can be consulted directly on the Platform.
Article 1: Definitions
The terms mentioned below shall have the meaning attributed to them in this article for all purposes of these General Terms of Use:
"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: Acknowledgment and Acceptance of the General Terms of Use
To access the Platform and all its Features, the User must accept without reservation these General Terms of Use and comply with them.
Any connection, browsing, or use of the Platform implies the full, express, and unconditional acceptance of these General Terms of Use.
Article 3: Purpose of the Platform
The Platform is intended to allow the Client to purchase Products sold by the company ANYW3AR, according to the terms provided in the General Terms of Sale, also available on the Platform.
Article 4: Registration and Connection to the Platform
Each User may create a personal account on the Platform with an email address and a password.
When the functionality is activated on the Platform, the User may also access their digital Wallet through the Platform.
ANYW3AR advises all Users to keep their Wallet credentials secure and never share them with third parties.
Article 5: Description of the Platform's Features
The Client User will have the ability, subject to compliance with the General Terms of Sale, to:
Article 6: Access to the Platform
To access the Platform, the User must have a stable and operational internet connection.
The costs of access and equipment required to access the Platform are the responsibility of the User.
The User must have equipment and a terminal that does not interfere with the access, operation, and use of the Platform and its various Features.
The User must take all appropriate measures to protect their online navigation and secure their equipment, passwords, and identifiers, ensuring that they are never shared with third parties.
ANYW3AR cannot be held responsible for any direct or indirect damages claimed by Users based on the information or content published on the Platform.
ANYW3AR is subject to an obligation of means towards the Users, in the provision and operation of the Platform. ANYW3AR reserves the right to carry out technical, maintenance, or update interventions on the Platform, resulting in a temporary interruption of access. The malfunctions and service unavailability that result from this cannot give rise to any compensation for the User.
For any questions about the Platform, Users can write to the following address: contact@anyw3ar.com
ANYW3AR is committed to responding as promptly as possible to Users' requests and complaints, in accordance with the provisions of these General Terms of Use and in compliance with applicable legal provisions arising from the LCEN (Law for Trust in the Digital Economy).
Article 7: User Obligations
By using the Platform, the User agrees to:
- Respect these General Terms of Use;
- Not create an identifier that impersonates a third party;
- Not fraudulently access or attempt to access the Platform;
- Not access or attempt to access the Platform's source code;
- Not modify, disassemble, copy, or duplicate the source code of any or all of the Platform;
- Not reproduce or attempt to reproduce, copy, or duplicate any or all of the Platform;
- Not carry out or attempt any operation aimed at or having the effect of temporarily or permanently disrupting the normal functioning of the Platform;
- Not access or attempt to access a data processing system implemented by ANYW3AR.
Article 8: Intellectual Property
8.1. Respect for ANYW3AR's Intellectual Property Rights
The brand, graphics, domain name, software, algorithms, databases, and all other intellectual property rights and intangible assets related to ANYW3AR reproduced within the Platform are and will remain the exclusive property of ANYW3AR.
Any reproduction, distribution, representation, modification, or use of these signs, rights, elements, or intangible assets relating to the Platform, without the express and prior consent of ANYW3AR, for any reason whatsoever, is prohibited.
8.2. Respect for the Intellectual Property Rights of Potential Partners
All texts, logos, creations, designs, graphics, photographs, images, distinctive signs, etc., proposed by a Partner on the Platform may be protected by intellectual property rights, including copyright, image rights, neighboring rights, database rights, and trademark rights.
Any copying, reproduction, representation, adaptation, translation, modification, distribution, and/or transformation, partial or complete, or transfer of these elements without the express written consent of the rights holder and exceeding the limits provided in the General Terms of Sale may constitute an infringement of the Partner's intellectual property rights.
It is expressly understood that the potential customization and order of the Product made by the Client through the Platform do not confer any rights to the aforementioned elements.
8.3. User Commitments on Works and/or Graphics for Customizable Products
Any User declares and guarantees to ANYW3AR that they hold all the Rights to the Works and/or Graphics (whether associated with an NFT or not) that will enable the customization of the Product(s).
The User guarantees they are the author of the intellectual contributions that led to the creation of the Works and/or Graphics (whether related to NFTs or not) or that they have been assigned the corresponding rights and that the Works and/or Graphics do not infringe on the rights of third parties (privacy violations, copyright and neighboring rights violations, unfair competition and parasitism, violation of neighboring rights, including those of performing artists, image rights violations, defamation, etc.).
The User further guarantees that the Works and/or Graphics contain no elements that could contravene current legal provisions.
In the event that the User is not the author of the Work and/or Graphic, they must ensure that they hold a copyright transfer allowing them to reproduce the Work and/or Graphic.
The User guarantees ANYW3AR against any claims or actions that could be brought by any individual or legal entity in this regard.
Article 9: Exclusion from the Platform
In case of violation of these General Terms of Use or infringement of third-party rights, ANYW3AR may, after notifying the User, delete or suspend their account on the Platform.
Additionally, ANYW3AR also reserves the right to take legal action against the User for using the Platform in a manner that violates any part of these General Terms of Use or current legislation.
Article 10: Warranty Disclaimer
10.1. Regarding the Platform's Operation
ANYW3AR cannot be held responsible for the unavailability of the Platform, particularly in cases of:
- Evolutionary and/or corrective maintenance of the Platform;
- Violation by a User of these General Terms of Use;
- Occurrence of an event of force majeure;
- Internet connection failure.
10.2. Regarding the Violation of Third-Party Rights
The User and any Partner acknowledge that ANYW3AR cannot be held responsible for any damage or prejudice, direct or indirect, resulting from a User's violation of these General Terms of Use.
Article 11: Personal Data
ANYW3AR may process Users' personal data and commits to treating it in a manner that ensures its security, confidentiality, and integrity.
For more information about the processing of such Data, the User is invited to consult the Privacy Policy accessible directly on the Platform.
Article 12: Modifications to the General Terms of Use
ANYW3AR reserves the right to adapt or modify these General Terms of Use related to the use of the Platform at any time.
In the event of substantial modifications, ANYW3AR will inform the User, allowing them to review the changes and the new General Terms of Use.
Article 13: Invalidity
If any provision of these General Terms of Use is declared null and void by a final judicial decision, it shall be deemed unwritten, but this will not invalidate or render void the other provisions of these General Terms of Use.
Article 14: Dispute Resolution
These General Terms of Sale are governed by French law.
The validity, performance, and/or interpretation of these General Terms of Use shall be under the jurisdiction of French courts.
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.