GENERAL CONDITIONS OF SALE
Effective 02/27/2024
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the site https://boutique.speedons.fr/. The Products offered for sale on the site are as follows:
Clothing Accessories
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://boutique.speedons.fr/ which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer aged over 18 and having full legal capacity.
Product offers are subject to availability of stock, as specified when the order is placed.
These T&Cs are accessible at any time on the site https://boutique.speedons.fr/ and will prevail over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site https://boutique.speedons.fr/
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
PANOPLI
5 DOCTOR FINOT STREET
93200 SAINT-DENIS.
Email: speedons24@panopli.co
SIRET: 7904935480000016
Intra-Community VAT number: FR18790493548
The Products presented on the site https://boutique.speedons.fr/ are offered for sale in the following countries: Metropolitan France
ARTICLE 2 – Prices
The Products are provided at the current prices appearing on the site https://boutique.speedons.fr/ , when the order is registered by the Seller.
Prices are expressed in Euros, including VAT.
The prices take into account any reductions that may be granted by the Seller on the site https://boutique.speedons.fr/ .
These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 3 – Orders
It is up to the Customer to select on the site https://boutique.speedons.fr/ the Products that he wishes to order, according to the following terms:
The customer chooses a product that he puts in his basket, a product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his postal address. After validating the information, he will access a secure payment portal. Once the payment is finalized, the order will be considered final.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on https://boutique.speedons.fr/ constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
ARTICLE 4 - Payment conditions
The price is paid by secure payment, according to the following terms:
- Payment by credit card (via Stripe)
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on https://boutique.speedons.fr/ .
Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered exclusively in Metropolitan France.
The products are delivered to the delivery address notified by the customer. The delivery date may vary depending on preparation and shipping times. Production begins on March 15, 2024 and shipments will be finalized by the end of April 2024. Delivery times are calculated in working days and cannot exceed 35 days in France.
NB: the delivery address indicated by the buyer is under his sole responsibility and BALIBART disclaims any liability in the event of an error in it. In the event that a package is sent to the address indicated by the buyer and it is incorrect (lack of information, NPAI) and returned to the sender, BALIBART will refund the amount of the order SHIPPING COSTS DEDUCTED (which remain the responsibility of the buyer).
Deliveries to relay points are not accepted by La Poste and problems relating to an address indicated at a relay point cannot be handled by either BALIBART or La Poste.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are provided for information purposes only.
The Customer is required to check the condition of the delivered products. He has a period of 30 days from delivery to make complaints by email, accompanied by all relevant supporting documents (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code, “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph runs from the day:
1 - Of the conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
2 - Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.
The right of withdrawal may be exercised by email, to the following address: speedons24@panopli.co expressing the desire to withdraw or by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original condition and complete (packaging) allowing them to be resold as new to the following address: PANOPLI – 5 RUE DU DOCTEUR FINOT – 93200 SAINT-DENIS.
Damaged, soiled or incomplete Products will not be accepted.
The exchange (subject to availability) or refund will be made within 15 working days from receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
Return costs remain the responsibility of the Customer.
ARTICLE 8 - Seller's Liability – Guarantees
The Products supplied by the Seller benefit from:
From the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
From the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."
Article L217-5 of the Consumer Code
“The property complies with the contract:
1 - Whether it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2 - Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code.
"The seller is bound by the guarantee for hidden defects in 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 paid a lower price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
Article L217-16 of the Consumer Code.
The Seller will refund or replace any Products deemed non-compliant or defective.
Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 10 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by the means of payment originally used by the Customer when placing the order.
The Seller shall not be held liable in the following cases:
Failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check.
In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products which are non-compliant or affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. This personal data is collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site https://boutique.speedons.fr/ are as follows:
Order Products
When ordering Products by the Customer:
Name, first name, postal address, email address, telephone number if provided.
Payment
As part of the payment for the Products offered on the site https://boutique.speedons.fr/ , it records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Customer expressly agrees, his/her personal data is not used for advertising or marketing purposes.
9.5 Security and Privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.6 Implementation of Client and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the site https://boutique.speedons.fr/ have the following rights:
They can update or delete data concerning them in the following manner: sending an email to speedons24@panopli.co
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”
They may also request the portability of data held by the Seller to another service provider.
Finally, they can object to the processing of their data by the Seller.
These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Client's request, the Client must provide reasons. The Client is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
ARTICLE 10 - Intellectual property
The content of the site https://boutique.speedons.fr/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law – Language
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any complaints, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these T&Cs. Any request initiated after July 5, 2024 will not be processed.
The Client is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions conclude in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.