Terms and conditions of sale
To be reviewed by a legal professional before going live. Version 2026-10-draft. This English version is a translation provided for convenience only; in case of discrepancy, the French version prevails. These terms and conditions of sale (the “Terms”) apply to any order placed on https://preprod.whatdaface.com by a consumer.
Article 1 — Seller
The website https://preprod.whatdaface.com (the “Site”) is operated under the trade name WhatDaFace by (the “Seller”):
- Company name: [TO BE COMPLETED: company name]
- Legal form: [TO BE COMPLETED: legal form]
- Share capital: [TO BE COMPLETED: share capital]
- Registered office: [TO BE COMPLETED: registered office address]
- SIRET: [TO BE COMPLETED: SIRET number]
- Trade and Companies Register (RCS): [TO BE COMPLETED: Trade and Companies Register (RCS city and number)]
- EU VAT number: [TO BE COMPLETED: EU VAT number]
- Email: [TO BE COMPLETED: contact email]
- Phone: [TO BE COMPLETED: phone number]
Article 2 — Scope and acceptance
These Terms govern distance sales of personalised products concluded through the Site between the Seller and any natural person acting for purposes outside their trade, business, craft, profession or agricultural activity (the “Customer”).
The Customer declares that they have the legal capacity to enter into contracts. If the Customer is a minor, they declare that they act with the consent of their legal guardian.
The applicable Terms are those in force on the date of the order. The Customer accepts them by ticking the corresponding box before payment. They are available on the Site at all times and can be saved or printed.
Products are offered for delivery to the countries shown when ordering.
The contract is concluded in French. Translations are provided for information only; in case of discrepancy, the French version prevails.
Article 3 — Products
The Site lets Customers create personalised products (including socks, mugs, pillows, T-shirts, hoodies, blankets, posters, phone cases, tote bags, towels, mouse pads and bandanas) on which a face chosen by the Customer from their photo is repeated as a pattern.
Each product is made individually, to order, after payment is confirmed, by the Seller's production partner Printful (Printful Inc. and its production facilities, including in Europe), which also ships it. The Seller remains solely responsible to the Customer for the proper performance of the contract.
The main characteristics of each product (material, dimensions, available sizes and colours, care instructions) are shown on its product page. The Customer is invited to read them before ordering.
Previews shown on the Site (mock-ups and renderings) are digital representations for illustration purposes. Slight colour differences may exist between the screen and the printed product, depending on screen settings, the material and the printing technique. Each product has a limited print area: depending on the product and size, the pattern may be cropped and its position may vary slightly at edges, seams or folds.
The final result depends on the quality of the photo provided by the Customer. The Site flags photos whose resolution appears insufficient for the chosen format; a Customer who decides to proceed knowingly accepts that the result will reflect the quality of their photo.
These characteristics, inherent to made-to-order production, do not deprive the Customer of the legal guarantees described in Article 10.
Article 4 — Prices
Prices are shown in euros, including all taxes (VAT at the rate applicable in the delivery country).
Shipping costs, which depend on the products ordered and the delivery country, are shown in the cart and summarised before payment. The total amount payable (products and shipping, all taxes included) is displayed before the order is finally confirmed.
The Seller may change its prices at any time; products are invoiced at the prices in force when the order is confirmed. Where applicable, promotional codes apply under the conditions stated when they are issued.
Article 5 — Ordering and formation of the contract
To place an order, the Customer follows these steps:
- Design: they upload a photo, choose a face (cut out directly on their device), adjust the pattern and choose one or more products with their options (size, colour, etc.);
- Cart: they check the contents of the cart, the delivery country, prices, shipping costs and delivery times shown, and can change or remove items;
- Commitments: they tick the mandatory boxes by which they accept the Terms and the privacy policy, acknowledge that, since the products are made to their specifications, they have no right of withdrawal (Article 9), and confirm that they hold the necessary rights and permissions for the faces used (Article 7);
- Payment: they are redirected to Stripe's secure payment page, where they enter their delivery and billing addresses, phone number and payment method, then confirm the order with an obligation to pay;
- Confirmation: once payment is confirmed, they are redirected to a summary page and receive an order confirmation email.
Article 5 (continued) — Conclusion of the contract
The contract is formed on the date on which the payment provider confirms payment. No order is sent to production before that confirmation.
The confirmation email summarises the essential elements of the contract (products, prices, shipping costs, delivery times, absence of a right of withdrawal). The Customer is invited to keep it.
The Seller reserves the right to refuse or cancel any order in the event of a prior payment dispute, suspected fraud or content contrary to Article 7. Any amounts paid are then refunded in full.
Where the order amounts to 120 euros or more (all taxes included), the Seller keeps the written record of the contract for ten years from delivery and guarantees the Customer access to it on request (Article L. 213-1 of the French Consumer Code).
Article 6 — Payment
The price is payable immediately when ordering, online, through the secure payment provider Stripe (Stripe Payments Europe, Ltd., Ireland): by bank card and, depending on the device and browser used, by Apple Pay, Google Pay or any other method offered on the payment page.
Payment data is entered directly on Stripe's pages and transmitted encrypted; the Seller never has access to card numbers and does not store them.
The order is only sent to production after payment is confirmed. If payment is refused or fails, the order is not confirmed.
Article 7 — Photos and content provided by the Customer
The Customer freely chooses the photos they upload and the faces they use. The Customer represents and warrants:
- that they are the author of the photo or hold the rights needed to use it, and that they have obtained the permission of every person whose face is used;
- for any minor depicted, that they have obtained the permission of the holder(s) of parental authority;
- that the photo and the design do not infringe third-party rights, in particular image rights, privacy, copyright, trademarks or any other intellectual property rights (for example protected characters, logos or works);
- that the photo and the design are not unlawful, defamatory, insulting, hateful, discriminatory, violent, pornographic or sexually explicit, and are not intended to harass, humiliate or harm anyone.
Article 7 (continued) — Use of images and refusal of orders
The Customer retains their rights in their photos. The Customer authorises the Seller and its service providers (in particular Printful) to reproduce the chosen face and the design, free of charge and on a non-exclusive basis, solely as needed to create the design, manufacture and ship the order and handle any claims, for the retention periods stated in the privacy policy. The Seller does not use these images for any other purpose, in particular advertising, without the Customer's express consent.
The Seller does not systematically review content but reserves the right to refuse or cancel, before shipment, any order whose content appears manifestly contrary to this Article or to the law, or which its production partner refuses. The Customer is then refunded in full.
The Customer is solely responsible for the content they provide and for their use of the products. The Customer indemnifies the Seller against any third-party claim resulting from a breach of this Article, within the limits permitted by law.
Article 8 — Production and delivery
Products are made to order, generally within 2 to 7 business days depending on the product, then handed to the carrier. Production and transit times and shipping costs are shown in the cart and on the payment page, depending on the delivery country. Practical details are on the Delivery page (https://preprod.whatdaface.com/en/legal/livraison).
The Seller delivers the products no later than the date or within the period indicated to the Customer before the order is confirmed. If no date or period is indicated, delivery takes place no later than thirty days after the contract is concluded (Article L. 216-1 of the French Consumer Code).
If the Seller fails to deliver by that date or within that period, the Customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium (for example an email) if, after having requested the Seller, in the same manner, to deliver within a reasonable additional period, the Seller has not done so within that period. The Customer may terminate the contract immediately if the Seller refuses to deliver, or if the delivery date or period was an essential condition of the contract for the Customer (Article L. 216-6 of the French Consumer Code). The Seller then refunds all sums paid no later than fourteen days after the date on which the contract was terminated (Article L. 216-7 of the French Consumer Code).
The risk of loss of or damage to the products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier proposed by the Seller, takes physical possession of the products (Article L. 216-4 of the French Consumer Code).
When the order ships, the Customer receives an email containing the parcel tracking link when available. An order of several products may be shipped in several parcels.
The Customer must provide a complete and accurate delivery address. If the parcel is returned to the sender because of an incorrect or incomplete address provided by the Customer, or because it was not collected, reshipping costs may be charged to the Customer.
Article 9 — No right of withdrawal
Under Article L. 221-28, 3° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised.
All products sold on the Site are made to order with the face and pattern chosen by the Customer: they are made to the Customer's specifications and clearly personalised. The Customer therefore has no right of withdrawal, which they expressly acknowledge by ticking the corresponding box before payment.
This exception does not deprive the Customer of the legal guarantees (Article 10): a defective, damaged or non-conforming product is replaced or refunded as provided by law.
Article 10 — Legal guarantees
The Seller is bound by the legal guarantee of conformity under Articles L. 217-3 et seq. of the French Consumer Code, and by the guarantee against hidden defects under Articles 1641 et seq. of the French Civil Code. These guarantees apply regardless of any commercial guarantee; no commercial guarantee is offered as of this version.
Under the legal guarantee of conformity, the Customer has two years from delivery of the product to act. The Customer may obtain, free of charge, repair or replacement of the product or, in the cases provided by law, a price reduction or termination of the contract. During this period, the Customer only has to establish the existence of the lack of conformity and not the date on which it appeared. As a printed product generally cannot be repaired, conformity is in principle restored by replacement (a new print).
Under the guarantee against hidden defects, the Customer may, within two years of discovering the defect (Article 1648 of the French Civil Code), choose between termination of the sale with a refund of the price and keeping the product with a price reduction (Article 1644 of the French Civil Code).
Details and the claims procedure are on the Legal guarantees page (https://preprod.whatdaface.com/en/legal/garanties). The statutory text is reproduced below.
Statutory information: legal guarantee of conformity and guarantee against hidden defects (unofficial translation)
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to keep the goods in conformity.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without significant inconvenience to the consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
1° the trader refuses to repair or replace the goods;
2° the repair or replacement of the goods takes place after a period of thirty days;
3° the repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a reduction of the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request the repair or replacement of the goods first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the restored goods are delivered.
The rights mentioned above result from Articles L. 217-1 to L. 217-32 of the French Consumer Code (Code de la consommation).
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code (Code civil), for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund against return of the goods.
Article 11 — Claims and customer service
For any claim (defective, damaged or non-conforming product, lost or late parcel), the Customer contacts customer service by email at [TO BE COMPLETED: contact email] or by phone at [TO BE COMPLETED: phone number], stating the order number, a description of the problem and, where relevant, photos showing the defect or damage (product, packaging, label).
Damage noticed on delivery should be reported within a reasonable time, ideally within 30 days of receipt, to make it easier to deal with the carrier and the production partner. This indicative period in no way shortens the legal guarantee periods.
Refunds are made to the payment method used for the order.
Article 12 — Consumer mediation
Under Article L. 612-1 of the French Consumer Code, the Customer is entitled to use a consumer mediator free of charge with a view to the amicable resolution of a dispute with the Seller.
The competent consumer mediator is: [TO BE COMPLETED: consumer mediator name] — [TO BE COMPLETED: mediator website].
The mediator can only examine the dispute if the Customer has first tried to resolve it directly with the Seller through a written complaint, and if the mediation request is filed within one year of that complaint (Article L. 612-2 of the French Consumer Code). Mediation is optional: the Customer remains free to bring the matter before the competent courts.
Article 13 — Liability and force majeure
The Seller is automatically liable to the Customer for the proper performance of the obligations arising from the contract, whether these obligations are performed by the Seller or by its service providers (in particular for production and transport). The Seller may however be released from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure (Article L. 221-15 of the French Consumer Code).
Force majeure means any event meeting the definition of Article 1218 of the French Civil Code.
Article 14 — Intellectual property
The elements of the Site (including the WhatDaFace name and brand, logos, the “Gégé” mascot and its illustrations, texts and patterns) remain the exclusive property of the Seller or its licensors. An order does not transfer any rights in these elements.
Article 15 — Personal data
Personal data collected during design and ordering is processed in accordance with the privacy policy (https://preprod.whatdaface.com/en/legal/confidentialite). Face detection and cut-out take place on the Customer's device; only the chosen face is sent to the Seller, solely to create the design and fulfil the order, and it is deleted within the periods stated in that policy.
Article 16 — Applicable law, disputes and miscellaneous
These Terms are governed by French law. This choice does not deprive a Customer habitually resident in another Member State of the European Union of the protection afforded by the mandatory provisions of the law of that country (Article 6 of Regulation (EC) No 593/2008, “Rome I”).
In the event of a problem, the Customer is invited to contact customer service first to seek an amicable solution and then, where appropriate, the consumer mediator (Article 12).
Failing agreement, the Customer may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where they lived when the contract was concluded or when the harmful event occurred (Article R. 631-3 of the French Consumer Code). A Customer domiciled in another Member State of the European Union may also bring proceedings before the courts of their domicile (Article 18 of Regulation (EU) No 1215/2012).
If any clause of these Terms is held void or unenforceable, the other clauses remain in force.