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Last Updated Date: April 8th, 2024
"Application": refers to the WeWard mobile application accessible on computer, mobile, or tablet, where Products are offered for sale.
"Store": refers to the online selling service offered by WeWard to its Users via a dedicated space for Products on the Application.
"Terms": refers to these Terms and Conditions of Sale. The purpose of this is to define the conditions and terms of sales made on the Application, the operation, and the obligations related to the purchase by Users of the products offered by WeWard or by Suppliers.
"Product Description": refers to the description available in the Store, summarizing all information related to the Product, its essential characteristics, and any specific delivery methods applicable to certain Products.
"Suppliers": refers to WeWard partners offering products for sale on the WeWard Application.
"Products": refers to all products offered directly for sale by WeWard or by Suppliers on the Application.
"Virtual Products": refers to types of WeWard products that denote virtual goods, e-vouchers, or privileges on WeWard.
"User": refers to individuals registered on the Application to walk, purchase Products, play games offered on the Application, or simply browse them.
"Wards": refers to the points earned by the User using the Application. Wards are for use exclusively within the Application, allowing in particular to unlock the Rewards displayed on the Application.
WEWARD is a simplified joint-stock company with a capital of €1,201.53, registered with the Paris Trade and Companies Register under number 853 614 170 and whose registered office is located at 111 Avenue Victor Hugo, 75116 Paris.
As part of its activity, WeWard provides its Users, on the Application, with a space through which they can directly purchase one or more Products available online.
Any order placed on the WeWard application implies prior and unconditional acceptance of these Terms. By checking the box: "I have read and accept the Terms and Conditions of Sale" as provided in article 3.2, it means that the User is bound by all the provisions of the Terms. Failure to check the aforementioned box will prevent the User from placing an order.
WeWard reserves the right to modify these Terms, it is specified that the Terms applicable to Users are those in force on the day of validation of the order.
By placing an order on the Application, the User certifies to be at least 16 years old and acknowledges having the full capacity to enter into contracts under French law.
The Store allows Users to purchase online the Products offered by WeWard or by Suppliers. WeWard independently provides and edits the content of the Store and Products description.
Access to the Store is reserved for Users registered on the Application.
During registration, the User must comply with the Application's Terms Of Use.
Any order must be identified in the User's personal space.
WeWard makes every effort to ensure that its Users can access the Store at any time.
However, WeWard reserves the right to interrupt, temporarily suspend, or modify access to the Application or the Store without notice to carry out improvements, adaptations, or maintenance.
The Products featured in the Store are accompanied by a detailed description allowing the User to know their essential characteristics before placing an order (Product Description).
The Products and prices displayed on the Application are available as long as they are visible and the "Buy" button is displayed. Until the order is validated and paid for, a Product may become unavailable even though it has been selected by clicking on this button.
It is recalled that the sale of Products is strictly reserved for WeWard Users.
As such, by making purchases from the Store, Users can obtain certain benefits related to purchasing certain Products, including Wards or any other benefit offered and chosen by WeWard.
Before placing an order, in the Product Description and next to the price, the User can verify the benefits they will receive following their purchase.
WeWard also provides its Users with a game that allows them to collect Virtual Goods. The WeWard FAQ provides information on the game rules.
The User can obtain Virtual Goods in three ways:
- Reaching a daily step target to collect a free card per day.
- Walking to specific locations on the map to collect Virtual Goods.
- Purchasing Virtual Goods in Wards or euros. In the context of purchasing Virtual Goods, the User is subject to these Terms.
The User has the option to purchase vouchers on the Application and thus be awarded Wards per euro spent. The number of Wards awarded will be specified in the Application for each partner. This number may be subject to daily, weekly, or monthly limits. The number of Wards awarded and the conditions for awarding them are subject to change and will be detailed in the Application.
The eligibility conditions for these vouchers (e-commerce site, lists of partner stores, list of eligible products) will be specified in the Application.
In case of display of an erroneous price, manifestly derisory (low price), for whatever reason (computer bug, manual error, technical error), the order - even validated by us - may be canceled, and the Wards withdrawn from the User's account.
Vouchers cannot be exchanged or refunded (in whole or in part) because usage information is sent by email and received immediately.
Users can place an order under the instructions provided in the Store.
Thus, Users can select the Product of their choice from the catalog offered. Once the Product is chosen, Users can validate their order so that a summary including the selected Product and its characteristics is displayed.
At this stage, Users can confirm their purchase. They can choose to pay in Wards or in euros.
Users then select their delivery address if necessary and accept all of these Terms by clicking on the box "I HAVE READ AND ACCEPT THE PRESENT TERMS AND CONDITIONS OF SALE," failing which the order cannot be validated. (Does not apply to Virtual Goods)
Before proceeding to payment, Users have the option to check a box indicating their agreement to receive information about news and offers from WeWard partners (the Suppliers) as well as emails offering commercial offers from said partners.
Finally, after entering their delivery information if necessary, and the data related to their means of payment, Users confirm their intention to proceed with the secure payment of their order by checking the box "PAY MY ORDER."
Products can only be ordered individually, and Users are informed that they can place as many orders as they wish, with each Product subject to separate payment and delivery.
The prices of the Products are determined by WeWard and are displayed, per Product, in euros including taxes, and in Wards. Depending on the type of Product, delivery costs and conditions are indicated at the time of purchase.
Payment is made online on the Application. Banking transactions are carried out securely using the Stripe secure platform or the Apple Pay and Google Pay solutions. The banking data communicated during the order will not be stored on WeWard's servers and will never be communicated to third parties, except for the payment provider.
The accepted payment methods are as follows:
- Credit card: Visa / MasterCard / American Express / Credit and Debit cards.
- Google Pay
- Apple Pay
The User guarantees that the payment method used is valid and not the result of fraudulent activity. If this is the case, if the order is not or only partially paid by the User, or if a payment authorization is refused, WeWard will request for the User to remedy the situation, failing which the order will not be finalized.
After placing an order according to the procedure detailed in articles 3.1 and 3.2, the User receives an email confirmation of their order. This email will include :
- The designation of the ordered Product;
- The indication of the price including taxes;
- The order number;
- The corresponding invoice.
The Products offered are within the limits of available and displayed stocks, under article 2.1 of these Terms. Thus, an ordered Product may be no longer available, in which case the User will be informed by email and will be reimbursed the amount within a maximum period of fourteen (14) calendar days after being notified of the Product's unavailability.
The User acknowledges that WeWard has, at its discretion, depending on the Product and its supplier, two distinct delivery methods:
- Delivery carried out directly by WeWard (Post, carrier, or other provider);
- Delivery carried out by the Supplier directly (according to the provider chosen by said Supplier).
Delivery is understood as the deposit of the order at the doorstep of the address indicated by the User, in their presence or in the presence of an authorized person to receive it. WeWard, the Supplier, or the provider responsible for delivery cannot be held responsible for delivering the order to a third party present at the delivery address indicated.
In the event of delivery to a location that is difficult for the delivery person to access, the User agrees to take the necessary precautions to allow the delivery person to receive the order.
The receipt of each order is ensured by home delivery to the address indicated in the order confirmation email and provided during the order validation.
It is the User's responsibility to verify the accuracy of the delivery information entered before confirming the order. In the event of an error in the labeling of the User's coordinates, neither WeWard nor the Supplier or provider in charge of delivery can be held responsible for the inability to deliver the order.
The delivery date depends on the type of Product chosen and the providers of the Supplier. The User understands that the Application does not allow them to choose a delivery day or time slot.
WeWard undertakes to make its best efforts to ensure delivery, directly or through a provider, within a reasonable period that shall not exceed thirty (30) days.
In the event that this delivery time cannot be met, WeWard will inform the User by email and undertake to refund the amount of the order, after the aforementioned thirty (30) day period has elapsed.
In accordance with Article L216-4 of the French Consumer Code, the risks of loss or damage to the Product are transferred to the consumer at the moment when the latter or a third party designated by them (other than the proposed carrier) physically takes possession of the Product.
If the received package is damaged, or if all or part of the Product in the package is damaged, missing, or does not correspond to the order, the User (or any third party they have designated) is invited to:
- Take photos of their order and the damaged Product;
- Refuse the receipt of the package and ask the carrier to note the refusal of the package and the anomalies observed.
The User must notify the problem to contact@wewardapp.com without delay.
The consumer has a period of fourteen (14) calendar days from the receipt of the order to exercise their right of withdrawal from the distance contract without having to provide reasons for their decision.
The User must notify their decision to withdraw by sending an email to contact@wewardapp.com with the subject "WITHDRAWAL" and the order number visible on the invoice, before the expiry of the period mentioned above. This email must contain an unambiguous statement from the User expressing their intention to withdraw and must be sent from the User's account email.
The User may use the following text:
I, [Name], hereby notify you of my withdrawal from the contract for the sale of the item:
Ordered on [Date] / Received on [Date]:
Order number: [Order Number]
Customer Name: [Customer Name]
Customer Address: [Customer Address]
Customer Email: [Customer Email]
Customer Phone Number: [Customer Phone Number]
Bank details for reimbursement: [Bank Details]
Customer Signature (only if this form is notified on paper):
Date: [Date]
WeWard will provide return instructions via email.
The return of the Product shall be carried out according to the method requested by WeWard and within fourteen (14) calendar days from the notification of the User's decision to withdraw. The Product must be returned in the condition in which it was received, in its original packaging, and accompanied by any accessories.
WeWard undertakes to refund the order using the same means of payment as that used by the User for their order.
Return costs are borne by the User.
Any damaged Product cannot be refunded.
The User bears all costs of return in the event of exercising the right of withdrawal.
Given the digital nature of these Products and immediate access to these Products by the User after purchase, you will be asked to waive your right of withdrawal when purchasing this type of Product, which means that the Product will belong to you immediately after purchase, and you waive the possibility of returning it to WeWard for a refund.
BY PURCHASING THIS TYPE OF PRODUCT ON THE APPLICATION, YOU EXPRESSLY CONSENT TO THE EXECUTION OF THE CONTRACT BEGINNING BEFORE THE END OF THE WITHDRAWAL PERIOD AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL.
The Consumer Code does not provide for any right of withdrawal for:
- Services fully performed before the end of the withdrawal period and whose performance has begun after the express agreement of the Member and their express waiver of the right of withdrawal;
- Products or Services whose price depends on fluctuations in financial market rates beyond the control of the professional and which may occur during the withdrawal period;
- Products made to the consumer's specifications or clearly personalized;
- Products liable to deteriorate or expire rapidly (e.g., food or liquid products);
- Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Products which, after delivery and by their nature, are inseparably mixed with other items;
- Audio or video recordings or computer software when they have been unsealed by the User (i.e., when the blister has been opened, removed, or torn, such as for CDs and DVDs);
- Newspapers, periodicals, and magazines, except for subscriptions to these publications;
- Hotel services, other than residential accommodation, transport services for goods, car rental, catering, or leisure activities to be provided on a specific date or period;
- Digital content not supplied on a tangible medium whose performance has begun after the consumer's prior express consent and express waiver of their right of withdrawal.
WeWard is bound by the legal warranty of conformity under the conditions of articles L.217-4 and following the French Consumer Code and the warranty against hidden defects under the conditions provided for in Articles 1641 and following the French Civil Code.
You have a period of two years from the delivery of the product to obtain the implementation of the legal warranty of conformity in case of non-compliance. During this period, you are only required to establish the existence of the non-compliance and not the date of its occurrence.
When the sales contract of the product provides for the provision of digital content or digital services continuously for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the planned supply period. During this period, you are only required to establish the existence of the non-compliance affecting the digital content or digital service and not the date of its occurrence. For these goods, the legal warranty of conformity entails an obligation for the professional to provide all necessary updates to maintain the conformity of the goods.
You have the right to choose between repairing or replacing the product within thirty days following your request, at no cost and without major inconvenience to you.
Any product repaired under the legal warranty of conformity benefits from an extension of this warranty for six (6) months.
If you request the repair of the goods, but replacement is imposed on you, the legal warranty of conformity is renewed for two years from the date of replacement of the product.
You may obtain a price reduction by keeping the product or terminate the contract by receiving a full refund upon return of the product if:
(i) The professional seller refuses to repair or replace the product;
(ii) Repair or replacement of the product occurs after thirty days;
(iii) Repair or replacement of the product causes major inconvenience to you, especially if you permanently bear the costs of returning or removing the non-compliant product, or if you bear the costs of installing the repaired or replaced product;
(iv) The non-compliance of the product persists despite the unsuccessful attempt by the seller to bring it into conformity.
You also have the right to a price reduction of the product or to terminate the contract when the non-compliance is so serious that a price reduction or termination of the contract is immediate. You are not required to request repair or replacement of the product beforehand.
You do not have the right to terminate the sale if the non-compliance is minor.
Any period of immobilization of the product for repair or replacement suspends the warranty that remained in force until the delivery of the repaired product.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the implementation of the legal warranty of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
You also benefit from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This warranty entitles you to a price reduction if the product is retained or to a full refund upon return of the product.
In certain cases, a commercial warranty may be offered to the User.
If this is the case, it will be indicated in the Product description concerned as well as on the invoice of the Product issued under the conditions provided for in Article 3.3.
The User must exercise their right exclusively with the Supplier or the manufacturer, under the terms and conditions of the commercial warranty provided by the latter. The contact details of the Supplier or manufacturer are transmitted by WeWard.
When purchasing at the Store, User data is subject to the processing of personal data.
To learn more about this processing, WeWard invites its Users to refer to its "Privacy Policy" also available on the WeWard website and the Application.
The data necessary for the delivery of the Product will be transferred to WeWard, the Supplier, and the delivery service for this sole purpose.
Additional data provided at the time of ordering is used to enrich the User's personal space. This data may be modified or deleted by the User in their personal space.
All graphic elements, texts, logos, distinctive signs, or any combination of these elements presented in the Store are protected by intellectual property law.
They may not be reproduced, copied, modified, or commercially exploited without the author being subject to prosecution.
The 'validation click' on "pay now" constitutes proof of the formation of the sales contract. This electronic validation between the parties has the same value as a handwritten signature. Clicking on the box announcing the acceptance of the Terms and Conditions of Sale also constitutes proof of acceptance without reservation of these Terms.
It is recommended to print a copy of these Terms and keep it.
The computerized records, kept in the computer systems of WeWard under reasonable security conditions, will be considered as evidence of communication, orders, and payments between the parties.
The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
The Products offered to the User are those listed in the catalog published on the Application within the limits of available stocks.
Each Product is presented with a photograph and a description established by WeWard. The descriptions are intended to present the User with the essential characteristics of the Products before placing the final order and cannot in any case engage the liability of WeWard.
The product photographs displayed on the Application are as faithful as possible but cannot guarantee perfect similarity with the products offered, especially regarding colors.
WeWard declines any responsibility in case of difficulty accessing its Application or interruptions in connection regardless of the causes.
Furthermore, WeWard cannot be held responsible for any damage or virus that may infect your mobile phone or any computer equipment, following the use or access of the Application or download from this Application.
Paragraphs 10.1 and 10.2 remain applicable to Virtual Products.
In addition, you acknowledge that you are solely responsible for the purchase, search, use, and all consequences related to Virtual Products.
WeWard undertakes to do its best and to make every effort to ensure easy access to Virtual Goods, but WeWard appeals to your sense of responsibility when collecting Virtual Products.
If certain Virtual Products were located in potentially dangerous or difficult-to-access locations, by using these Virtual Products, you assume full responsibility for the associated risks including but not limited to accidents potentially caused by inappropriate or dangerous location of a Virtual Product.
WeWard, its employees, Suppliers, service providers, or subcontractors cannot be held liable for any incident occurring during the purchase, search, or use of these Virtual Products.
You agree to defend, indemnify, and release WeWard, its employees, suppliers, service providers, or subcontractors from any liability in the event of a claim by you or any third party, damages, debts, losses, liabilities, costs, or expenses resulting from the purchase, search, or use of WeWard's Virtual Products.
This disclaimer of liability includes any accident caused as a result of the purchase, use, or search of Virtual Products, whether on foot, motorized, or in all types of places, private or public.
WeWard is exempt from liability if the non-performance or improper performance of these Terms is caused by the occurrence of a force majeure event as defined by article 1218 of the French Civil Code and jurisprudence.
These Terms are subject to French law and each purchase is subject to the Terms in force on the day of use.
In the event of a dispute or claim, Users may contact the competent customer service offered by WeWard by email: contact@wewardapp.com to seek an amicable solution.
Under Article L. 612 – 1 of the French Consumer Code, Users are offered the possibility of using a mediator free of charge for the amicable resolution of any dispute with the Company.
Users are invited to contact the Company to make their request so that the Company can provide them with the contact details of the mediation body and the specific conditions for resorting to this mediation procedure.
Users can also consult the European platform for online dispute resolution.
In the absence of an amicable solution between the parties, French courts will have jurisdiction to hear the dispute.