The English version of these terms is for information purposes only, the French version is the one that prevails over all others
General Conditions of Sale and Use (GCS/GCU)
1. About the company
The Company SAS PICKLEBALL EUROSPHERE (hereinafter the "Company"). The Company markets the following products to its customers via its Internet Site: Pickleball sporting goods.
The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the "GCS/GCU") carefully. The placing of an Order implies acceptance of the GCS/GCU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing his Order online. The GCS/GCU define the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site. They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general terms and conditions of purchase. They are systematically communicated to the Customer who requests them. In the event of a subsequent modification of the GCS/CGU, the Customer is subject to the version in effect at the time of his Order.
"Customer" shall designate the Professional or the Consumer having placed an Order for a Product sold on the Internet Site; "Order" designates any order placed by the User registered on the present Website; "General Conditions of Sale and Use" or "GCS/GCU" refers to these general conditions of use and online sales;"Consumer" refers to the buyer who is a natural person and who is not acting for professional needs and/or outside his professional activity; "Products" refers to the material things that can be the subject of an appropriation and which are offered for sale on this Site; "Professional" refers to the buyer, whether a legal entity or a natural person, who is acting within the framework of his professional activity; "Site" refers to the present Site, i.e. www.pickleballeurosphere.com; "Company" designates the Company PICKLEBALL EUROSPHERE, more fully described in Article I hereof; and "User" designates any person who makes use of the Site.
Registration to the Site is open to all legal entities or individuals who have reached the age of majority and enjoy their full legal personality and capacity. The use of the Site is subject to the registration of a User. Registration is free of charge. To proceed with registration, the User must fill in all the mandatory fields; otherwise registration cannot be completed. Users guarantee and declare on their honour that all information communicated on the Site, in particular during their registration, is accurate and compliant. They commit themselves to updating their personal information from the page dedicated to them and available in their account. All registered Users have a login and a password. The latter are strictly personal and confidential and shall not be communicated to third parties under penalty of deletion of the account of the registered User in breach. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company shall in no case be held liable for the impersonation of a User. If a User suspects fraud at any time, he or she should contact the Company as soon as possible so that the Company can take the necessary measures and regularize the situation. Each User, whether a legal entity or an individual, may only hold one account on the Site. In the event of non-compliance with the GCS/GCU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User. The deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site prior to the deletion of the account will be executed under normal conditions. In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the GCS/GCU, it is strictly forbidden for the offending User to re-register on the Site directly, through another e-mail address or through an intermediary without the express authorization of the Company.
The User, when logged into his account, can add Products to his virtual basket. He or she can then access the summary of his or her virtual basket in order to confirm the Products he or she wishes to order and place his or her Order by pressing the "Order" button. He will have to fill in an address, a delivery method as well as a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. Finalization of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and deadlines indicated on the Site. Once the Order has been placed, the User shall receive confirmation thereof by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
6. Products and prices
The Products subject to the GCS/GCU are those appearing on the Site and which are sold and shipped directly by the Company. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is made within the limits of the Company's available stocks. The Company cannot be held liable for stock shortages or the impossibility of selling a Product for which there is no stock. When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, excluding shipping costs and taking into account the applicable discounts in force on the day of the Order. The price indicated does not include shipping costs, which will be detailed, if applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company shall send the Client a detailed quotation setting out the formula for calculating the price. Under no circumstances may a User require the application of discounts that are no longer in effect on the date of the Order.
7. Terms of payment
Unless otherwise agreed, all sales are paid directly at the time the Order is placed. Depending on the nature or amount of the Order, the Company shall be free to require a down payment or payment of the full price when the Order is placed or when the invoice is received. In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty at a rate equal to the rate charged by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation selected is the most recent on the date of the Order for the Services. In addition to the late payment compensation, any sum, including the deposit, not paid by the Professional Customer on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for collection costs. In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the Client between penalties for late delivery of the Products ordered and the sums owed by the Client to the Company for the purchase of Products offered on the Site. The penalty owed by the Client, Professional or Consumer, is calculated on the amount including VAT of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary. 8. Delivery The Company is committed to making all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered. In the event that the delivery deadline of 45 days is exceeded, except in cases of force majeure, the Client may request the termination of the contract by registered letter with acknowledgement of receipt, after having instructed the Company, under the same terms, to make delivery within a reasonable additional period, and if the Company has not done so. In this case, the Client will be reimbursed within 30 days if payment has already been made. In the event that delivery is impossible due to an error in the address given by the Client, the Company will contact the Client as soon as possible to obtain a new delivery address and any additional delivery costs will be charged to the Client. Moreover, the Company cannot be held liable for reasons related to the exceeding of delivery times: in periods of high demand, such as the Christmas and New Year holiday periods, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control, for circumstances exclusively attributable to the carrier responsible for the delivery. The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site.
For all Orders placed on this Site, the Customer has a 14-day right of complaint, starting from the delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly made at the time of delivery, the Products are deemed to be in conformity with the Order. To exercise this right of complaint, the Customer must send the Company, at the e-mail address email@example.com, a statement in which he expresses his reservations and claims, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs, etc.). A claim that does not comply with the conditions described above will not be accepted. The Company will repair, replace or reimburse the Product or its components as soon as possible and at its expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Right of withdrawal of the Consumer
The Consumer has a right of retraction of 14 days, as from the delivery of the Order, except for the products mentioned in article L.221-28 of the Consumer Code. The Products must be returned in their original packaging and in perfect condition within 14 days, as from the notification of the withdrawal to the Company by the Consumer. The direct costs of return remain at the expense of the Consumer. The Consumer shall be reimbursed for the totality of the fees paid, excluding shipping costs, for placing the Order within 14 days following the Company's acknowledgement of its declaration of withdrawal. Reimbursement shall be made via the same means of payment as that used for the purchase.
11. Transfer of risk and ownership
The Company retains ownership of the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the down payments made will remain the property of the Company by way of compensation. For Professional Clients, the transfer of risks to the Client takes place as soon as the Company hands over the goods to the carrier. For Consumer Clients, the transfer of risks takes place upon delivery or upon collection of the goods from the store when the Client has chosen a store delivery.
12. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below: Article L.217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him by the contract or was carried out under his responsibility. ” Article L.217-5 of the Consumer Code: "The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, if applicable : if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter". Article 1641 of the Civil Code : "The seller is bound by the guarantee at the rate of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them. Any resold Product that has been altered, modified or transformed is not covered by the warranty. The warranty is limited to the replacement or reimbursement of non-conforming or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered. The replacement of Products does not extend the warranty period.
The Company reserves the right to modify the Site, the GCS/GCU as well as any delivery procedure or other element of the services provided by the Company through this Site. When an Order is placed, the User shall be subject to the provisions set forth in the GTC/GCU in force at the time the Order is placed. 14. Processing of personal data Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site. This processing of personal data is done in compliance with the General Data Protection Regulations 2016/679 of 27 April 2016. In addition, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to query, access, rectify, modify and oppose all his personal data by writing, by mail and by proving his identity, to the following address: SAS PICKLEBALL EUROSPHERE, 214 Chemin de l'Affama, 83440 Montauroux (France). This personal data is necessary to process his Order and to draw up his invoices if necessary, as well as to improve the functionalities of the Site. 15. Sharing of collected data The Site may have recourse to third party companies to carry out certain operations. By browsing the Site, the Customer agrees that third party companies may have access to his data to allow the proper functioning of the Site. These third party companies only have access to the data collected in the context of carrying out a specific task. The Site remains responsible for the processing of this data. In addition, the User may therefore receive information or commercial offers from the Company or its partners. The User may at any time oppose the receipt of these commercial offers by writing to the Company's address indicated above. Moreover, the Customer's information may be transmitted to third parties without their express prior consent in order to achieve the following goals: to respect the law to protect any person against serious bodily injury or death to fight against fraud or attacks on the Company or its users to protect the Company's property rights.
16. Data protection
The Company ensures an appropriate level of security, proportional to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016. However, these measures do not constitute a guarantee and do not commit the Company to any obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password). The User expressly authorizes the Company to deposit a file called a "cookie" on the User's hard disk. The User has the possibility of blocking, modifying the storage duration, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents the User from using certain services or features of the Site, this malfunction shall in no case constitute a damage for the Member, who may not claim any compensation for this fact.
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it makes every effort to ensure that the service is always available, it is possible that the service may be interrupted at any time. In addition, the Company reserves the right, by voluntary act, to make the Website unavailable in order to carry out any update, improvement or maintenance operation. As previously mentioned herein, the Company cannot be held liable for delays in delivery for reasons beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.
19. Intellectual Property
The trademark, logo, and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
20. Clause conferring jurisdiction
The law governing the GCS/GCS is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.
21. Acceptance of the GCS/GCU
The Customer or User expressly accepts the GCS/GCU. The Customer declares that he is aware of them and waives the right to rely on any other document, in particular his own general terms and conditions of purchase. The Consumer acknowledges having had knowledge of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular : the essential characteristics of the Product; the price of the Products; the date or deadline by which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to the legal and contractual guarantees and their terms and conditions of implementation; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (deadline, terms and conditions of exercise).
22. Contact details of the mediator
In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Commission provides consumers with an online dispute resolution platform available at this address: http://ec.europa.eu/consumers/odr/.