Terms and Conditions of Sale

Between the company WellSolidarity, operated by EcoFutureWorks – FZE, Ajman Free Zone, License No. 35862, registered in Ajman (United Arab Emirates), with registered office at the Etihad Airways Center, 5^th floor, Ajman free zone, building C1.

The company can be contacted by email at contact.wellsolidarity@gmail.com or via the contact form accessible from the homepage of the website well-solidarity.fr.

Hereinafter the “Seller”,

On the one hand,

And the natural or legal person purchasing services offered by the company,

Hereinafter the “Buyer” or the “Customer”,

D’autre part,

It has been set out and agreed as follows:

Preamble

The Seller offers charitable and environmental services, consisting in particular of building wells and planting trees in disadvantaged countries, marketed through the website well-solidarity.fr. The list and description of the services offered by the company can be consulted on the site.

Article 1 : Objet

These Terms and Conditions of Sale set out the rights and obligations of the parties in the context of the online sale of the services offered by the Seller.

Article 2: General provisions

These Terms and Conditions of Sale (T&Cs) govern the sales of services made through the company’s website and form an integral part of the contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who accepted them before placing an order.

The Seller reserves the right to amend these terms at any time by publishing a new version on its website. The applicable T&Cs are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These T&Cs can be consulted on the company’s website at well-solidarity.fr.

The company ensures that their acceptance is clear and unreserved by means of a checkbox and a validation click. The Customer declares that they have read all of these Terms and Conditions of Sale, and where applicable the Special Terms of Sale relating to a service, and accept them without restriction or reservation.

They acknowledge having received the advice and information necessary to ensure that the offer meets their needs.

The Customer declares that they are legally able to enter into a contract under French law or validly represent the natural or legal person on whose behalf they are committing. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.

Article 3 : Prix

The prices of the services sold through the website are shown in pounds sterling. The company reserves the right to change its prices at any time for the future, the price applied remaining the one in force on the day of the order. The telecommunication costs required to access the website are borne by the Customer.

Commission relating to the delivery of the works and services. The Customer is expressly informed and acknowledges that the total price paid does not correspond entirely to the cost of the works carried out on the ground. The company WellSolidarity takes a commission on the amount of each order, in return for the delivery, coordination and monitoring of the works and services (well construction, tree planting and related services).

This commission pays for the company’s activity and covers in particular operating costs: project management and coordination, relations with local partners, customer follow-up, sending of proof documents, administrative and running costs. Part of this commission may also be allocated to funding and developing new charitable and environmental projects, with the constant aim of improving the quality of the services offered.

This commission is already included in the price displayed at the time of the order and entails no additional cost for the Customer. By placing an order, the Customer expressly accepts the principle and terms of this commission as described in this article. 

The Seller, whose economic activity is based in the United Arab Emirates (Ajman Free Zone) and which has no permanent establishment in France, provides its services to persons not subject to VAT. In accordance with article 259, 2° of the French General Tax Code, the place of supply of these services is the Seller’s place of establishment, outside France: orders are therefore not subject to French VAT.

Article 4: Conclusion of the contract online

In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer follows a series of steps to conclude the contract electronically:

• information on the essential characteristics of the service;
• choice of the service and, where applicable, of its options (in particular the content of the personalised sign: name, message);
• provision of the Customer’s essential details (identification, email, address);
• acceptance of these Terms and Conditions of Sale;
• checking of the order details (double-click formality) and, where applicable, correction of errors. Before confirming, the Buyer can check the details of their order and its price, correct any errors or cancel the order. Confirmation of the order forms the contract;
• following the payment instructions, payment, then delivery of the service. The Customer receives confirmation of payment by email and an acknowledgement of receipt of the order. These Terms and Conditions of Sale can be consulted at any time on the Seller’s website, where the Customer read them and accepted them by means of a checkbox before confirming their order.

During the ordering process, the Customer can identify and correct any input errors. The language offered for concluding the contract is English.

The Terms and Conditions of Sale and the terms of the offer are made available to the Customer on the Seller’s website, where they can consult, reproduce and keep them before placing an order. Communications, the order, its details and invoices are archived on a reliable and durable medium in accordance with article 1360 of the French Civil Code and may be produced as proof of the contract.

The Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse an order, for example for any abnormal request, made in bad faith or for any other legitimate reason.

Article 5: Nature of the service and deliverables

The Seller offers services consisting of carrying out environmental and charitable actions, namely building wells or planting trees. Each funded well includes a sign embedded in and inseparable from the structure, bearing the Customer’s name, order number and a personalised message of their choice. For tree planting, a named identification medium (a sheet bearing the Customer’s name, order number and a personalised message of their choice) appears on the proof documents to certify that the planting is linked to the Customer concerned. In return for their purchase, the Customer receives, as proof that the service has been delivered, photographs and videos of the work carried out, which may include GPS coordinates.

The essential characteristics of the service and its price are made available to the Customer on the website. In accordance with article L111-1 of the French Consumer Code, the Customer is informed of the prices and the special conditions of sale before any contract is concluded. The total amount due is shown on the order confirmation page.

The deliverables (photographs and videos) are provided to the Customer once the work has been carried out. As completion times depend on conditions on the ground and on local partners, information on indicative times is given on the presentation page. The Customer acknowledges that these times may vary depending on the nature and location of the service.

It is expressly agreed that the Seller provides the photographs and videos once only, at the end of the work. The Seller does not undertake to provide new content or any subsequent follow-up. It may, at its sole discretion and without this constituting an obligation, occasionally send additional content.

The contractual information is presented in English. The illustrations or photos shown on the site for presentation purposes have no contractual value and are provided for information only.

Article 6: Conformity

In accordance with article L411-1 of the French Consumer Code, the services offered for sale under these T&Cs meet the requirements in force relating to the safety and health of persons, fair trading and consumer protection.

The Seller is bound by the legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code). Where the service does not correspond to the order or has a conformity defect, the Customer may request that it be brought into conformity or, failing that, a refund. The refund is made for the total amount of the service, by bank transfer or to the Customer’s PayPal account.

Article 7: Performance and ownership

The service remains the responsibility of the company until it has actually been delivered. Given the nature of the services, no physical goods are transferred to the Customer, who receives the proof of completion provided for in article 5.

Article 8: Terms of performance and sending of proof documents

The services offered by WellSolidarity consist of carrying out charitable or environmental projects, in particular building wells and planting trees, and sending the related proof documents (photographs, videos and, where applicable, GPS coordinates), sent electronically to the email address given when ordering.

The project completion times and the times for sending proof documents indicated on the site or when ordering are indicative average times, in accordance with article L111-1 of the French Consumer Code, and do not constitute a firm contractual commitment. These times may vary according to technical, administrative, climatic, logistical or operational constraints.

Exceeding an indicative time cannot, in itself, be considered a breach by WellSolidarity nor automatically give rise to a right of cancellation or refund, provided the service is delivered and the proof documents are sent within a reasonable time.

The service is deemed to have been delivered once the funded project has actually been completed and the proof documents sent to the Customer. WellSolidarity cannot be held liable for delays beyond its control, in particular in the event of force majeure within the meaning of article 1218 of the French Civil Code.

Article 9: Availability

If it is impossible to deliver a service for a period of more than thirty working days, the Customer will be informed immediately and may cancel the order for that service on simple request. The Customer may then request a credit note for the corresponding amount or a full refund and cancellation of the order.

Article 10 : Paiement

Payment is due immediately upon ordering. The Customer may pay by payment card or by PayPal. Cards issued by banks based outside France must be international bank cards (Mastercard or Visa). Secure online card payment is handled by our payment provider Stripe. The information sent is encrypted according to best practice and cannot be read while in transit over the network.

Once payment has been initiated by the Customer, the transaction is debited after the information has been checked. In accordance with the provisions of the French Monetary and Financial Code, a commitment to pay given by card is irrevocable. By providing their bank details, the Customer authorises the Seller to debit their card for the amount of the price indicated. The Customer confirms that they are the legal holder of the card and are entitled to use it. In the event of an error or if the card cannot be debited, the sale is automatically cancelled and the order voided.

As the Seller is established in the United Arab Emirates, the Customer is informed that international payment fees or currency exchange fees may be applied by some issuing banks. Such fees, where applicable, are borne exclusively by the Customer and depend on their bank’s own terms, over which the Seller has no control.

Article 11: Right of withdrawal

For well construction: in accordance with article L221-28, 3° of the French Consumer Code, the right of withdrawal does not apply to clearly personalised goods and services made to the Customer’s specifications. Each funded well includes a sign embedded in and inseparable from the structure, bearing the Customer’s name, order number and a personalised message of their choice, giving the service a unique and personalised character within the meaning of the aforementioned text. The Customer expressly acknowledges and accepts this personalised character and consequently waives their right of withdrawal.

For tree planting: in accordance with article L221-28, 1° of the French Consumer Code, the right of withdrawal cannot be exercised for services fully performed before the end of the withdrawal period and whose performance began after the Customer’s express prior agreement and express waiver of their right of withdrawal. By placing an order, the Customer expressly requests that performance of the service begin immediately and acknowledges that, once the planting has been carried out and the proof documents sent, the service is fully performed and their right of withdrawal can no longer be exercised.

The personalised character (wells) and the Customer’s express agreement (trees) are established by the information and consents collected when ordering and kept by the Seller.

Article 12 : Garanties

In accordance with the law, the Seller assumes the legal guarantees of conformity (articles L217-3 et seq. of the French Consumer Code) and against hidden defects (articles 1641 et seq. of the French Civil Code). The Seller refunds the Buyer where the service is clearly defective or does not correspond to the order placed. A refund request gives rise to a full refund by bank transfer or to the Customer’s PayPal account.

Article 13: Refund policy

The services offered by Well Solidarity are personalised services for the funding and delivery of charitable or environmental projects, in particular the construction of wells and the planting of trees, giving rise to the production of specific proof documents for each project.

In accordance with articles L111-1 and L221-5 of the French Consumer Code, the Customer acknowledges having been informed, before ordering, of the essential characteristics of the services, in particular their personalised nature and the terms of their delivery.

Because the services are personalised and initiated immediately upon confirmation of the order, the Customer acknowledges that they fall within the scope of services carried out according to the consumer’s specifications and whose performance begins immediately after express agreement, in accordance with the provisions of article L221-28 of the French Consumer Code, excluding the right of withdrawal under the conditions set out in that text. Consequently, and under the conditions provided for by law, cancellation of an order at the Customer’s sole initiative, including before the work has actually begun, does not give rise to a refund.

The completion times and the times for sending proof documents indicated on the site are indicative average times, possibly expressed as a range, and do not constitute a firm contractual commitment within the meaning of article L216-1 of the French Consumer Code.

If the average time or the maximum range announced at the time of ordering is exceeded, the Customer may send a written complaint to Well Solidarity. From receipt of this request, an additional period is granted to complete the service and send the proof documents:

• sixty (60) calendar days for well construction projects;
• thirty (30) calendar days for tree planting projects,

in accordance with the principle of performance within a reasonable time provided for by articles L216-1 et seq. of the French Consumer Code.

If, at the end of this additional period, the proof documents have not been sent, the Customer may obtain a refund of the order concerned on request. If the proof documents are sent within the additional period, the service is deemed to have been fully delivered and no refund request may be upheld on this basis, subject to the mandatory provisions of consumer law and article 1218 of the French Civil Code relating to force majeure.

Any refund due under this article is made within fourteen (14) days of the Seller acknowledging that it is justified, by bank transfer or to the Customer’s PayPal account, in principle using the same means of payment as that used when ordering.

Article 14: Complaints and mediation

The Buyer may submit any complaint by contacting the company by email at contact.wellsolidarity@gmail.com, by phone or via the company’s official social media accounts.

In accordance with articles L611-1 to L616-3 of the French Consumer Code, the consumer is informed that they may use a consumer mediator free of charge to resolve any dispute amicably. If a complaint to the Seller’s customer service is unsuccessful, or if no reply is received within two months, the consumer may refer the dispute to the competent mediator. 

Article 15: Termination of the contract

The order may be terminated by the Buyer, by email or phone call, in the following cases:

• service not in conformity with the characteristics of the order;
• failure to deliver the service within a reasonable time after a formal notice has gone unheeded;
• unjustified price increase or substantial change to the service.

In these cases, the Buyer may demand a refund of the sums paid, plus, where applicable, interest calculated at the legal rate from the date of receipt of payment.

Article 16: Intellectual property rights

Trademarks, domain names, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these elements for any reason whatsoever is strictly prohibited.

Article 17 : Force majeure

Performance of the Seller’s obligations is suspended in the event of an unforeseeable event or force majeure within the meaning of article 1218 of the French Civil Code that prevents their performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Article 18: Invalidity and amendment of the contract

If any of the provisions of this contract were to be declared void, this would not entail the invalidity of the other provisions, which will remain in force between the parties. Any contractual amendment is valid only after a written agreement signed by the parties.

Article 19: Protection of personal data

In accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French law no. 78-17 of 6 January 1978 as amended, the Seller processes personal data for the purpose of selling and delivering the services defined in this contract. The Buyer is informed of the following:

• data controller: the Seller, as indicated at the top of these T&Cs;
• contact details of the data protection officer or of the contact point for personal data: contact.wellsolidarity@gmail.com ;
• legal basis for processing: performance of the contract and compliance with legal obligations (in particular accounting obligations);
• recipients: the Seller’s internal departments (sales, delivery, IT security, marketing), the subcontractors involved in delivering the services and processing payment, and any legally authorised authority;
• retention period: the period necessary for the performance of the contract and legal obligations, in particular the commercial and accounting limitation period;
• rights of the data subject: access, rectification, erasure, restriction, objection and data portability, as well as the right to lodge a complaint with the CNIL (French data protection authority);
• the information requested when ordering is necessary to issue the invoice and deliver the service, failing which the order cannot be placed. No automated decision-making or profiling is carried out through the ordering process.

Article 20: Applicable law and disputes

These terms and conditions of sale, as well as all purchase and sale transactions referred to herein, are governed by French law. In accordance with Regulation (EC) No 593/2008 (Rome I), a consumer residing in France benefits in any event from the protection afforded by the mandatory provisions of French consumer law.