The present general conditions of sale (hereafter the "General Conditions") apply to any purchase made by an Internet user / natural person (hereafter the "CUSTOMER") on the website https://www.skioccas.com (hereafter the "WEBSITE") from E-Precisionsport.fr, SARL registered with the Chambery Trade and Companies Register.
under the number 789 199 452, having its registered office at 695 avenue Paul Louis Merlin 73800 Montmélian,
France Tel: 04 79 00 42 41,
email: email@example.com (hereinafter the "SELLER").
Any order placed on the WEBSITE implies the CLIENT's unreserved acceptance of these general terms and conditions of sale.
Article 1. Definitions
- "CUSTOMER": means the SELLER's co-contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
- "PRODUCTS ": refers to all of the products available on the SITE.
- "TERRITORY": refers to metropolitan FRANCE (excluding DOM/TOM).
Article 2. Subject
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the General Conditions
The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CLIENT to read the General Conditions with each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
Article 4. Purchase of products on the site
The CLIENT will be asked to provide information to identify him by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at firstname.lastname@example.org to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
Article 5. Orders
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CLIENT must receive by virtue of the applicable law (in these General Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new or used (reconditioned) and comply with current European legislation and standards applicable in France.
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page, the steps may differ slightly).
The CUSTOMER shall select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The CUSTOMER can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order are correct. If the CUSTOMER has not yet done so, he will then be asked to identify or register.
Once the CUSTOMER has validated the contents of the basket and identified/registered, an online form will be displayed for his attention, automatically completed and summarising the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER may then proceed with the payment of the PRODUCTS by following the instructions on the WEBSITE and provide all the information necessary for the billing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct .
The SELLER does not send any order confirmation by post or fax.
During the order procedure, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER).
The CLIENT must in particular clearly indicate all information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CUSTOMER must then specify the means of payment chosen.
Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the WEBSITE only start to run from this date.
For all PRODUCTS, the CLIENT will find on the WEBSITE prices displayed in euros, including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
Prices include in particular the value added tax (VAT) at the rate in force at the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except in case of gross error. The applicable price is the price indicated on the SITE on the date the order is placed by the CLIENT.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS that are out of stock are available again,
Or proceed with a partial shipment of the PRODUCTS that are available initially, and then ship the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional shipping costs that may be incurred,
Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it will obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
Article 7. Payment
The CLIENT may pay for its PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CLIENT guarantees the SELLER that it holds all the authorisations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel its order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the money flow due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will be able to prove that his electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The above provisions do not prevent the transfer to the CLIENT, upon receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS that are the subject of the reservation of ownership, as well as the risks of damage that they may cause.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantees
Article L.211-5 ofthe Consumer Code: To be in conformity with the contract, the good must:
1° Be fit for the use usually expected of a similar good and, if applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
The SELLER is required to deliver a PRODUCT that conforms, i.e. is suitable for the use expected of a similar good and corresponds to the description given on the WEBSITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on the labels
. In this context, the SELLER is liable to answer for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been put at his expense or has been carried out under his responsibility.
The action resulting from the lack of conformity shall be time-barred after two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)
In the event of a lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at its discretion. However, if the cost of the CLIENT's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CLIENT.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 2 rue de Trèves.
Finally, the CLIENT is exempted from providing proof of the existence of the PRODUCT's lack of conformity during the six (6) months following the delivery of the goods.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold that render it unfit for the use for which it is intended, or that so diminish this use that the CUSTOMER would not have acquired it, or would only have paid a lower price for it, if he had known about them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the CLIENT's return of the PRODUCT to the following address 2 rue de Trèves. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. Responsibility
The SELLER may not be held liable, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published on them. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
Article 14. Personal data
The SELLER collects on the WEBSITE personal data concerning its Customers, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has chosen this option, send him/her commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that they have given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask the CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CLIENT has the right to access, rectify, oppose (for legitimate reasons) and delete his personal data. He may exercise this right by sending an e-mail to the following address: email@example.com or by sending a letter to 2 rue de Trèves.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
Article 15. Claims
Any written complaint by the CUSTOMER must be sent to the following address: 2 rue de Trèves.
Article 16. Intellectual Property
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorisation in writing.
This authorisation from the SELLER will under no circumstances be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
All conditions not expressly dealt with in the present Terms and Conditions will be governed in accordance with the custom of the retail sector for private individuals, for companies whose registered office is located in France.
Article 18. Modification of the General Conditions
The Terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to an arbitral or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its outcome, the parties shall refrain from taking any legal action against each other and for the dispute that is the subject of the negotiation. By way of exception, the parties shall be entitled to apply to the court for interim relief or to seek the issuance of an order on application. Any action before the court for interim measures or the implementation of proceedings on application shall not entail any waiver by the parties of the amicable settlement clause, unless they expressly agree otherwise.
TERMS AND CONDITIONS FOR EXERCISING THE RIGHT OF RETRACTION
The CLIENT has, as a matter of principle, the right to return or return the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days following the communication of its decision to retract, unless the SELLER proposes to recover the PRODUCT himself.
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
Notification of the rightof withdrawal
To exercise its right of withdrawal, the CLIENT must notify its decision to withdraw from this contract by means of an unambiguous statement to : 2 rue de Trèves or firstname.lastname@example.org.
He can also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of withdrawal on the part of the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER is informed of the CLIENT's wish to withdraw.
The SELLER will proceed with the refund using the same means of payment that the CLIENT will have used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund will not incur any costs for the customer.
The SELLER may postpone the refund until the goods are received or until the CLIENT has provided proof of shipment of the goods, whichever comes first.
The CLIENT shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : 2 rue de Trèves.
This time limit is deemed to have been respected if the CLIENT returns the goods before the fourteen (14) day period has expired.
The CLIENT shall bear the direct costs of returning the goods.
Condition of the returned good
The PRODUCT must be returned in accordance with the SELLER's instructions and must include in particular all the accessories delivered.
The CLIENT shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but its liability may be engaged if it carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages for which the price has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can be made only after 30 days and the actual value of which depends on market fluctuations beyond the control of the SELLER
- Supply of non-supplied digital content in dematerialised form if performance has begun with the consumer's prior express consent, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded at a public auction
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.
The time to prepare an order and then establish the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.