General conditions of sale
General conditions of sale
2 - ORDERS
3 - SALE PRICE - PROMOTIONS
4 - PRODUCT AVAILABILITY
5 - PAYMENT
6 - SHIPMENT
7 - DELIVERY
8 - RETENTION OF TITLE - RISK TRANSFER
9 - RIGHT TO CANCEL
10 - WARRANTY
11 - LIABILITY - FORCE MAJEURE
12 - PROTECTION OF PERSONAL DATA
13 - NEWSLETTER
14 - APPLICABLE LAW AND JURISDICTION
15 - SEVERABILITY CLAUSE
ANNEXE I: CANCELLATION FORM
These general conditions of sale govern all relations between, on the one hand, the company DIETE SPORT FRANCE, recorded in the register of companies of Vannes (France) under number n° B 323 784 140, and whose headquarters are located at Espace dactivité Tréhuinec, 56890 Plescop, tel.: +33 2 97 63 82 61, email: email@example.com, hereinafter referred to as "DIETE SPORT FRANCE" and, on the other hand, the natural persons who wish to purchase items via the website of DIETE SPORT FRANCE - www.overstims.com - hereinafter referred to as "the Client", it being understood that the latter are competent adults who are not trade clients.
They apply to all products on offer in the electronic catalogue of DIETE SPORT FRANCE.
All orders imply full and unreserved acceptance of these general conditions of sale. These general conditions of sale take precedence over all other previous versions.
DIETE SPORT FRANCE reserves the right to modify these general conditions of sale at any time without informing each client individually. Consequently, the Client is requested to consult the website regularly to remain informed of any recent changes. The general conditions of sale applicable to each order will be those that are valid at the time the order is made. These general conditions of sale apply for the entire time that the products are available for sale on the website of DIETE SPORT FRANCE.
The Client may order via this website, or by telephone by calling the sales department of DIETE SPORT FRANCE on + 33 2 97 63 82 61 from Monday to Friday from 9 am to 12 pm and from 1.30 pm to 5.30 pm, except for holidays.
The Client should be aware that all orders imply the obligation to pay for the said order. The Client will be systematically reminded of this obligation to pay when the order is confirmed.
The order will not be registered on the website until the Client has entered his or her e-mail address and password for identification purposes.
New clients who have never made an order via the website must create an account before making an order by entering their surname, first name(s), postal address and e-mail, as well as a password (personal and confidential) of between 4 and 10 characters in length. The Client must supply accurate information and inform DIETE SPORT FRANCE if any of these details change. The Client may change the contents of the shopping basket at any time during the order process until the order is confirmed. Thereupon the sales contract between DIETE SPORT FRANCE and the Client will be binding.
As soon as the order has been registered, a detailed acknowledgment of the order will be sent to the Client's e-mail address. DIETE SPORT FRANCE advises the Client to print out or save the information in this order confirmation.
No single order may exceed €2,000, including VAT, if applicable.
DIETE SPORT FRANCE reserves the right to refuse or cancel any orders made by a Client with whom there is a payment issue regarding a previous order.
The prices are stated in Euros including VAT, but do not include postage and packing.
They take into account the VAT applicable on the day of the order and are valid, subject to error or a change in the VAT rate.
For Switzerland: the price of products stated is that of the price in France including tax. All orders delivered to Switzerland are subject to taxes and additional customs duties, to be paid when the package arrives at its final destination. These taxes and customs duties are to be paid by the client, and are the client's sole responsibility. DIETE SPORT FRANCE has no obligation to inform the Client of the applicable amounts. When ordering on the site, the Client is considered an official importer and must therefore respect all applicable laws and regulations. Cross-border deliveries may be opened and inspected by the customs authorities.
DIETE SPORT FRANCE reserves the right to change its prices at any time, but will invoice the order at the prices that applied at the time the order was made by the Client.
The price of postage and packing will be calculated according to the weight and volume of the order, and automatically added to the order, for the following countries: Azores, Germany, Austria, Belgium, Denmark, Spain, Finland, UK, Greece, Hungary, Republic of Ireland, Italy, Luxemburg, Netherlands, Poland, Portugal, Czech Republic, Sweden and Switzerland. It will be added automatically to the initial amount of the order.
DIETE SPORT FRANCE may offer special promotional rates for specific periods. Each time a special offer is available, it will be stated whether it may be cumulated with current prices.
The products proposed on the website are subject to availability.
When the order is made, the Client will be informed whether the product is in stock. If a product is not available, this will be stated. A product may become unavailable between the moment that it is added to the shopping basket and the time that the order is confirmed by the client. This is why simply adding a product to the shopping basket does not mean that the order has been confirmed.
All orders are to be paid in Euros. No other currencies will be accepted by DIETE SPORT FRANCE.
The amount is to be paid in full by bank card (Visa, MasterCard), or by PayPal when the order is made. No other forms of payment will be accepted. Cards issued by banks outside of France must be international cards.
Payment by bank card is totally secure using the SSL (Secure Sockets Layer) protocol, which encodes all the bank card data. This data does not pass through the Internet in unencrypted form. It is entered directly via the website of the BNP bank, which is a partner of DIETE SPORT FRANCE, and DIETE SPORT FRANCE has no knowledge whatsoever of the card details. The information provided by the Client when the order is made (card number, expiry date, cryptogram) is not stored on the servers of DIETE SPORT FRANCE.
Payment by PAYPAL is only possible if the Client has a PAYPAL account. If payment is made by PAYPAL, the General Conditions of Sale of PAYPAL apply.
The form of payment used by the Client to pay for the DIETE SPORT FRANCE order must be valid, and there must be sufficient funds on the account.
DIETE SPORT FRANCE reserves the right to block or refuse the Client's order if payment is refused, the address is incorrect, or there are any other problems connected with the Client's PAYPAL or bank account.
The Client's bank account will not be debited until the order has been sent.
Order made between Monday and Thursday before 10 am will be sent the same day. Order made between Monday and Thursday after 10 am will be sent the following day. Orders made between Friday 10 am and Sunday midnight will be sent on the following Monday. Orders made on a holiday will be sent on the next working day. No orders are dispatched on Saturdays, Sundays and holidays. These delivery times are only valid for orders paid for with a bank card.
These delivery times only apply for products that are in stock, assuming that there are no technical problems on the computer network of DIETE SPORT FRANCE preventing the latter from processing the orders within the above-mentioned period.
Orders made via the website www.overstims.com can only be delivered to the following countries: Azores, Germany, Austria, Belgium, Denmark, Spain, Finland, UK, Greece, Hungary, Republic of Ireland, Italy, Luxemburg, Netherlands, Poland, Portugal, Czech Republic, Sweden and Switzerland.
Items may not be delivered to the following: the Channel Islands, the Canary Islands, the Balearic Islands, Sardinia, Sicily, Madera, the Greek Islands and military addresses. Products ordered by the Client will be delivered to the address stated when the order was made. It is the Client's responsibility to ensure that the information entered before confirming the order is correct. In the event of an error, DIETE SPORT FRANCE may not be held liable for non-delivery of the order.
Apart from special cases or if several of the items are not in stock, the products will be sent together.
The items will be delivered by the French post office (La Poste) by Colissimo Expert International within a maximum of 10 working days from the day of dispatch.
If the order is delivered to a home, the order is deemed to have been handed to the Client (whether signed for or not), or, if the Client is not at home, as soon as an attempt is made to deliver the item at the Client's address (a note left by the postal worker informing you than a delivery attempt was made at the Client's address is deemed proof of delivery).
The Client then has 14 days from the date on which notification of the delivery attempt was made to collect the package at a post office. Once this period is up, the package will be returned to DIETE SPORT FRANCE, which will send the first reminder by e-mail to the Client and/or by SMS if the Client provided his or her mobile number. If no reply is received within 14 calendar days, DIETE SPORT will consider that the Client has exercised the right to cancel the order.
No compensation will be paid in the event that the order is delivered late.
If the products ordered are not delivered within a period of 30 days after the order was sent by the Client, due to any reason other than force majeure, the sale may be cancelled at the written request of the Client or of DIETE SPORT FRANCE. Any sums paid by the Client will then be refunded immediately, less any deductions or compensation.
The products ordered remain the property of DIETE SPORT FRANCE until full payment has been made.
This retention of title does not prevent the transfer of risk (loss, deterioration) to the post office as soon as the products are sent by DIETE SPORT FRANCE, then to the Client as soon as the latter receives them or takes possession of them.
In accordance with current legislation, the Client has up to fourteen (14) calendar days to notify DIETE SPORT FRANCE of his or her wish to cancel the order, starting from the day on which the Client or a third party appointed by the latter (other than the transport company), physically takes possession of the product(s) concerned.
If the deadline is reached on a Saturday, Sunday or holiday, the deadline is extended to the next working day.
To cancel, the Client may:
- Print, fill in and send the cancellation form provided as an annexe to DIETE SPORT FRANCE.
- Write out a declaration on paper and send it to DIETE SPORT FRANCE expressly stating the decision to cancel, as well as the surnames, first names, order number and the products being sent back.
The products must be sent back at the expense of the Client to the address indicated below, within a reasonably short amount of time, and, in any case, no later than fourteen (14) days after the Client has announced his or her decision to cancel the order.
Diété Sport France
Espace d’Activité Tréhuinec
The Client is liable for any depreciation of the value of the products resulting from handling other than that required to determine the nature and the characteristics of these products. Any articles returned that are not complete, or are open, spoiled or damaged or so dirty that they cannot be resold due to depreciation in value, will not be refunded.
If items are sent marked "postage to be paid by the recipient" or "in return for payment", they will be refused. The Client may take out insurance for loss, theft or damage, since DIETE SPORT FRANCE is not liable for the package not being delivered to the Client.
Return postage charges and the risks remain fully incumbent upon the Client.
Products that are returned and deemed to be in good order will be refunded by crediting the amount to the bank card used by the client. The refund will take place once the products have been received and in any case not more than fourteen (14) days later.
If all the products are returned, the amount paid by the Client will be refunded in full; this is taken to mean the amount of the products billed, including the initial delivery charges. If only some of the products ordered are returned, the products concerned will be refunded. Since postage charges depend on the number of articles ordered, postage will be refunded on a pro rata basis, depending on the articles sent back.
If the items are returned for no justifiable reason, DIETE SPORT FRANCE reserves the right to refuse to take any orders in the future.
If a delivery error is made by DIETE SPORT FRANCE (products missing, or wrong products delivered), the Client must contact the sales service indicated above. Once the Client has checked the products, he or she will return them at the cost of DIETE SPORT FRANCE, who will send the correct product(s) free of charge.
The Client must check the condition of the products delivered.
If the products are in any way defective, the Client is covered by the legal guarantees provided by current legislation. DIETE SPORT FRANCE will only cover the Client for hidden defects that may affect the products delivered by replacing the said products, but the Client may not consider DIETE SPORT FRANCE to be liable for any harmful consequences that these hidden defects may have caused.
The products on offer comply with current national and European legislation.
The Client alone is liable for the choice of products, for storing them and using them.
The photographs, illustrations and descriptions showing the products on the website have no contractual value and do not engage the responsibility of DIETE SPORT FRANCE in the event of an error.
For all the stages of access to the website, for the order and delivery of the products, and any services provided thereafter, DIETE SPORT FRANCE is bound solely by an obligation of means. DIETE SPORT FRANCE may not be held liable for any unpleasant consequences or damage inherent to the use of the Internet such as speed or access for consulting the website, loss of data, intrusion, viruses, or the service being suspended or inaccessible.
Accidents or force majeure, meaning any unforeseeable, external event that cannot be stopped, as defined in the regulations and by the courts, may have the effect of suspending the contractual obligations of DIETE SPORT FRANCE.
It is essential to gather personal information on the clients to process the orders (name, information required for taking and processing the order, contact details), and as such these details may be recorded electronically by DIETE SPORT FRANCE. The electronic file produced is neither hired out nor sold, and the information regarding the Client is strictly confidential, and used for internal purposes of the company DIETE SPORT FRANCE only.
The Client has to right to access, correct, oppose and delete the data on him or her by writing to firstname.lastname@example.org or to DIETE SPORT FRANCE, Espace dactivité Tréhuinec, 56890 Plescop, stating surname, first name(s), postal address, e-mail and client number. The file created containing personal data on the Clients has been declared to the CNIL (French national data protection authority) in France under reference n°1372301.
The Client will receive promotional offers via a newsletter if consent is given when creating his or her account or does so at any other time thereafter. The Client may unsubscribe at any time by writing email@example.com or to DIETE SPORT FRANCE, Espace dactivité Tréhuinec, 56890 Plescop, stating surname, first name(s), postal address, post code, e-mail and client number, or by clicking on the link to unsubscribe from this newsletter.
These general conditions of sale are subject to French law.
For lack of an amiable agreement, any disputes between DIETE SPORT FRANCE and the Client will come under the jurisdiction under which the headquarters of DIETE SPORT FRANCE (FRANCE) fall.
If, for whatever reason, one of these general conditions of sale should be declared void or inapplicable, it will not affect the validity of the other general conditions, and the condition deemed to be void or inapplicable will be replaced with a condition that is as close as possible to the original.
In compliance with current legislation, you have the right to cancel without giving any reasons within a period of fourteen (14) calendar days(1) starting from the date of delivery of the product(s) concerned.
If you wish to avail yourself of this right to cancel, following your order on www.overstims.com, you must notify your decision to cancel in one of the following ways:
- a declaration sent on paper expressly stating your decision to cancel, and must include your surname, first name(s), order number and the product(s) returned.
- alternatively, by using the cancellation form below.
Your refund(2) will be sent to you no later than fourteen (14) days from the receipt of the products being returned or from proof that they have been sent back.
Reminder of cancellation conditions:
- The notification of your decision to cancel must be sent to us within fourteen (14) calendar days from the date of receipt of the product(s) concerned.
- The products must be sent back(3) at your own expense, to the address stated below, within a reasonably short amount of time, and, in any case, no later than fourteen (14) days after notifying your decision to cancel.
DIETE SPORT FRANCE, Service des retours
Espace d’Activité Tréhuinec
(1) If the deadline is reached on a Saturday, Sunday or holiday, the deadline is extended to the next working day.
(2) If all the products are returned, the amount paid by the client will be refunded in full; this is taken to mean the amount of the products billed, including the initial delivery charges. If only some of the products ordered are returned, the products concerned will be refunded. Since postage charges depend on the number of articles ordered, postage will be refunded on a pro rata basis, depending on the articles sent back.
(3) The Client is liable for any depreciation of the value of the products resulting from handling other than that required to determine the nature and the characteristics of these products. Any articles returned that are not complete, or are open, spoiled or damaged or so dirty that they cannot be resold due to depreciation in value, will not be refunded.
(Please fill in and send back this form only if you wish to cancel your order)
Please send to: DIETE SPORT France, Service des retours, Espace d'Activité Tréhuinec,56890 Plescop France
I, the undersigned: Surname: ____________ First name(s): ____________ Post code: __________ hereby declare that I would like to exercise my right to cancel the following order, in compliance with current legislation:
Invoice number: ____________ Invoice date: __________ Delivery date: __________ for the following articles (columns 1 and 2 of the table) and in the quantities indicated (column 3):
|1. Ref.||2. Product name||3. Quantity|
___(day)___(month)___(years) in________ Signature: