Terms & Conditions (EN)
1 – Purpose and Scope
These general terms and conditions of sale describe the rights and obligations of WHAMBAM 3DS EUROPE, an e-commerce site managed by 3D DENTAL STORE S.A.R.L, and apply to all sales of Wham Bam products. These conditions will be provided in their entirety to all customers who request them at the time of contract conclusion. These conditions prevail over any other document from the buyer, including any general terms and conditions of purchase. Any contrary clause set by the customer will be unenforceable against WHAMBAM 3DS EUROPE unless expressly accepted. These general terms and conditions of sale may be modified at any time by WHAMBAM 3DS EUROPE. The conditions applicable to the customer will be those in effect on the date of order registration.
2 – Information and Advice
The buyer acknowledges having informed the seller of their specific needs and having received all technical information related to the products sold, as well as the dangers and risks associated with their use. The customer agrees to consider the provided information, follow the usage instructions, and share the product information with any intermediary or user. Usage instructions are provided to the customer no later than the day of delivery.
3 – Order
3.1 Orders can be placed on the website whambam-3ds-europe.com or by any other remote means, including email at contact@whambam-3ds-europe.com after consulting the product range on the website.
3.2 French is the only language offered for the conclusion of the sales contract.
3.3 Product availability is displayed on the website whambam-3ds-europe.com.
3.4 Any quote provided to the customer by WHAMBAM 3DS EUROPE will remain valid for one month from the date of issuance.
3.5 Product characteristics are indicated on each product page. Photographs and descriptive elements of the products are not part of the contractual scope. If these elements contain errors, WHAMBAM 3DS EUROPE cannot be held liable. Manufacturers may change the technical characteristics of the products listed on the site without notice. WHAMBAM 3DS EUROPE may update and modify product characteristics at any time and may withdraw one or more products from sale.
3.6 In case of product unavailability, WHAMBAM 3DS EUROPE will contact the customer as soon as possible. The customer will then be informed of the product availability timeline. If the customer does not wish to wait for this availability or if the product is permanently unavailable and the order has been paid, WHAMBAM 3DS EUROPE commits to refund the customer within 30 days following the payment date.
3.7 Any order placed on whambam-3ds-europe.com requires the creation of a customer account. Access to the customer account is via the username and password provided during account creation. WHAMBAM 3DS EUROPE cannot be held responsible for any action carried out via or on the customer account by a third party to whom the customer has communicated their credentials or who has accessed their credentials.
3.8 To place an order on whambam-3ds-europe.com, the customer follows the various order steps: selection of the product(s), adjustment of quantities, customer identification and creation of the customer account if necessary, validation of the order summary, acceptance of the General Terms and Conditions of Sale, choice of payment method, and finalization of the order.
3.9 Checking the box for acknowledgment and acceptance of the General Terms and Conditions of Sale and clicking the "Order and Pay" button validate the order and imply an obligation to pay for the customer. These actions are equivalent to an "electronic signature" and constitute an irrevocable and unconditional acceptance of the order and the General Terms and Conditions of Sale. The data recorded by the website whambam-3ds-europe.com constitute proof of all transactions carried out and will be kept for a period of 5 years.
3.10 The order number is communicated to the customer and will be reproduced on the invoice. The invoice is sent to the customer by email and is also downloadable from their customer account. It is strongly advised that the customer keeps this invoice.
3.11 The order placed on whambam-3ds-europe.com may be automatically canceled if payment is not received. This cancellation period is extended to 5 working days in case of payment by bank transfer.
3.12 WHAMBAM 3DS EUROPE reserves the right not to validate an order for any legitimate reason, including abnormal requests, stock shortages, or if the order does not comply with these General Terms and Conditions of Sale.
3.13 The information provided by the customer when placing the order (including name and delivery address) binds them. WHAMBAM 3DS EUROPE cannot be held responsible if an error during order placement causes a delay or prevents delivery.
4 – Delivery
Delivery is carried out:
- either by direct handover of the goods to the buyer;
- or by sending a notice of availability in-store to the buyer;
- or to the place indicated by the buyer on the order form.
The delivery time indicated when the order is registered is given as an indication only and is not guaranteed. Consequently, any delay in the delivery of the products cannot give rise to:
- the allocation of damages and interest;
- the cancellation of the order.
The risks of loss or damage to the sold products are transferred at the time and place of delivery. Therefore, the buyer will be responsible for the product and will assume the risks from that moment. WHAMBAM 3DS EUROPE is only responsible for transporting the goods to the delivery location indicated by the buyer if the parties have previously agreed upon this when the order was registered.
If the buyer does not take possession of the products at the place and date set when the order was placed, the products are stored by WHAMBAM 3DS EUROPE at the buyer's expense and risk.
Upon receipt of the goods, the buyer must check the conformity of the products with the order and the absence of apparent defects. In case of missing goods, goods damaged during transport, or goods not conforming to those specified on the order form, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgment of receipt.
In case of apparent defect, the defective parts will be replaced by WHAMBAM 3DS EUROPE subject to verification of the alleged defects. The seller reserves the right to carry out any direct or indirect observation and verification on-site. In case of non-conformity of the goods, WHAMBAM 3DS EUROPE is only obliged to replace or repair the non-conforming parts. In the absence of reservations or confirmation made within the specified time limits, the products will be deemed to have been delivered in full, conforming to those specified when the order was registered, and without deterioration.
4.1 - International Deliveries in Europe
WHAMBAM 3DS EUROPE delivers to all countries in the European Union as well as to the United Kingdom, Switzerland, and Norway. Delivery times may vary depending on the destination country. Delivery fees are calculated based on the destination country and the weight of the package. These fees are indicated to the customer before the order is confirmed.
For deliveries outside mainland France, customs duties or other local taxes may be required. These duties and amounts are not the responsibility of WHAMBAM 3DS EUROPE and remain the responsibility of the customer. They must be paid by the customer directly to the competent customs authorities.
5 – Price
The price of goods sold is the one in effect on the day of the order. Prices are quoted in euros and calculated excluding tax. They will be increased by the applicable VAT rate and transport fees on the day of the order. WHAMBAM 3DS EUROPE reserves the right to modify its prices at any time. However, any price change after an order has been placed will not affect the prices previously agreed upon when the order was registered.
For customers located outside France, VAT may be applied according to the tax rules of the destination country, in accordance with current European legislation.
6 – Payment Terms
The payment methods accepted by WHAMBAM 3DS EUROPE are: checks (for France only), bank cards such as Carte Bleue, VISA, MasterCard, American Express, or e.card, traditional transfers, instant transfers, and bank drafts. Unless otherwise agreed, the balance must be paid before the ordered products are shipped.
In case of payment by card, it must be valid for at least one month after the last due date of the payment option.
Accepted Countries: France, Germany, Belgium, Spain, Italy, Luxembourg, Netherlands, Portugal
7 – Discount
No discount will be granted in case of early payment.
8 – Rebates and Discounts
The proposed rates include the rebates and discounts that WHAMBAM 3DS EUROPE may grant based on its results or the buyer's assumption of certain services.
9 – Invoicing
An invoice is issued for each delivery of products and provided at the time of delivery. Invoices are issued by 3D DENTAL STORE S.A.R.L, the manager of WHAMBAM 3DS EUROPE.
10 – Late Payment
In case of total or partial non-payment of goods delivered on the day of receipt, the buyer must pay WHAMBAM 3DS EUROPE a late penalty equal to one and a half times the legal interest rate. The legal interest rate used is the one in effect on the day of delivery of the goods. This penalty is calculated on the amount excluding taxes of the remaining sum due and runs from the due date of the price without any prior formal notice being necessary.
For professional clients, a fixed compensation for recovery costs of 40 euros will be due in case of late payment, in accordance with articles L441-6 and D441-5 of the Commercial Code.
11 – Retention of Title Clause
WHAMBAM 3DS EUROPE retains ownership of the goods until full payment of the price, even in the case of granted payment terms. As such, if the buyer is subject to reorganization or liquidation proceedings, WHAMBAM 3DS EUROPE reserves the right to cancel ongoing orders and to claim, within the framework of the collective procedure, the goods sold and remaining unpaid. This clause does not prevent the risks related to the products from being transferred to the buyer upon delivery.
12 – Termination Clause
If within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the remaining sums due, 15 days after a formal notice has remained ineffective, the sale will be automatically terminated and may give rise to the allocation of damages and interest in favor of WHAMBAM 3DS EUROPE.
13 – Warranties
All Wham Bam products sold by WHAMBAM 3DS EUROPE are covered by the Manufacturer's warranty. The duration of this contractual warranty and its application conditions vary depending on the products and are available upon request.
It is the buyer's responsibility to provide proof of hidden defects. Any forms of warranties other than those provided in these general terms and conditions of sale are excluded, in particular, WHAMBAM 3DS EUROPE does not guarantee the product's suitability for the use intended by the professional buyer.
The Customer has a legal withdrawal period of 14 days from the receipt of their order to return any item that does not suit them. To initiate this return, the Customer must contact WHAMBAM 3DS EUROPE customer service via the contact form or directly by phone. As provided by law, the right of withdrawal only applies to items returned unopened for consumables, unused, and therefore in perfect condition.
To optimize the conditions for returning the product(s), it is imperative that the return is pre-approved by our Customer Service, which will send a return agreement to the Customer. Approval may be refused if the withdrawal conditions are not met. The return will only be accepted if the product is in perfect condition, meaning in its original packaging, unopened (except for equipment), and undamaged. Items returned by the Customer that are opened (except for equipment), damaged, or in poor condition will be refused under the right of withdrawal. As a general rule, goods travel at the Customer's risk.
WHAMBAM 3DS EUROPE recommends that the Customer take all necessary insurance to cover these risks and all precautions for the protection of the product. The Customer's refund will be credited to the bank account used for the purchase within a maximum of 14 days following the date of receipt of the product by WHAMBAM 3DS EUROPE. In accordance with current regulations, WHAMBAM 3DS EUROPE will not accept the return of consumables once they have been unsealed by the Customer.
14 – Liability
Excluding the repair of potential bodily harm or hidden defects, WHAMBAM 3DS EUROPE's liability is limited to the repair of damages to the concerned equipment, which can be proven to have been directly caused by the tools or employees of the service provider, and will be limited to the amount received for the execution of the contract or order. No compensation claims will be accepted for indirect damages. WHAMBAM 3DS EUROPE's liability cannot be implemented if the non-performance or delay in the execution of one of its obligations described in these general terms is beyond its control.
15 – Force majeure
WHAMBAM 3DS EUROPE's liability cannot be implemented if the non-performance or delay in the execution of one of its obligations described in these general terms of sale results from a force majeure event. If the event persists beyond two months, either party may unilaterally terminate the contract. Force majeure events are those recognized by the jurisprudence of French and European courts and tribunals.
16 – Reference
The customer authorizes WHAMBAM 3DS EUROPE to list the sold goods among their references.
17 – Applicable Law and Jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale, the sales contracts concluded by WHAMBAM 3DS EUROPE, or the payment of the price, is subject to French law.
For customers located in the European Union, in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction, recognition, and enforcement of judgments in civil and commercial matters, the customer may bring the matter before either the court of their domicile or the French courts.
In the absence of an amicable resolution, for French customers, the dispute will be brought before the Commercial Court of Rouen.
18 – Product Return
To return a product due to an error in the ordered reference on your part, you must send an email to contact@whambam-3ds-europe.com within a maximum of 15 working days from the date of the order. In the email, please provide the following information:
- Order number
- Name / Name of your company
- Order date
You must return the product in its original packaging, unopened and in perfect condition within a maximum of 20 working days. The cost and responsibility of transport are at your expense, and the package should be sent to the address below, unless you request WHAMBAM 3DS EUROPE to arrange the pickup, which will be charged. A copy of the order form must be inserted inside the package to easily identify its contents. The shipping label must be affixed to the package and not to the product packaging. Upon receipt of the goods and after verification, the accounting department will contact you to issue a credit note or a refund.
Without these conditions met, we will not be able to accept the returned goods.
Please return the product to the following address:
Order Service – WHAMBAM 3DS EUROPE
75 Route de Lyons la forêt
76000 Rouen FRANCE
19 – Personal Data Protection
WHAMBAM 3DS EUROPE is committed to protecting the privacy of its customers in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act. The personal data collected is used solely for order processing, customer account management, and the improvement of our services. No personal data is transmitted to third parties without the prior consent of the customer, except as required by law.
Customers have the right to access, rectify, object to, limit the processing of, erase, and port their data, which they can exercise by contacting our customer service at: privacy@whambam-3ds-europe.com.
20 – Language of the Contract
These general terms and conditions of sale are written in French. An English translation is available for informational purposes. In case of any contradiction between the French version and the translated version, the French version shall prevail.