B2C General Terms & Conditions of Sale – 6 November 2015
French Simplified Joint-Stock Company (SAS)
40, rue Madeleine Michelis
92200 Neuilly-sur-Seine – France
Trade & Companies Register of NANTERRE 408744274
(Hereinafter the “Seller”)
The Seller operates in the design and sale of connected objects that measure the user’s sports performance; in particular, it handles the marketing of PIQ products via the website www.piq.com and any other websites selling PIQ products (hereinafter the “Site”).
These General Terms & Conditions of Sale (hereinafter the “GTCS”) apply to online sales made on the Site by PIQ directly to the end user (hereinafter the “Customer”), not including any PIQ products purchased in shops or on websites via intermediaries, retailers or wholesalers.
The purpose of these GTCS is to define the rights and obligations of the Seller and the Customer with regard to the online sale of PIQ products offered for sale by the Seller to the Customer via the Site or any other website selling PIQ products (marketplaces) to Customers.
The relationship between the Seller and the Customer shall be governed exclusively by these GTCS, to the exclusion of any other terms and conditions previously made available on the Seller’s website.
The Seller reserves the right to make changes to these GTCS at any time via the publication of a new version on the Site. The applicable GTCS shall be those in force on the date the order is confirmed.
These GTCS have been translated into English.
The original French version is available here.
The GTCS apply only to consumers, as defined by law and case law, acting exclusively on their own behalf.
The Customer will receive the information set out in articles L. 121-8 and L. 121-19 of the French Consumer Code, both prior to and following the completion of the sale, namely via the GTCS.
The GTCS shall apply to all sales of PIQ products by the Seller via the Site.
Pursuant to articles L. 111-1 and L. 111-3 of the French Consumer Code, the key features and the prices of the PIQ products sold online are available on the Site.
To place an order, after adding the selected products and desired quantities to their virtual basket, the Customer must click on the “Checkout” button and provide their delivery and payment information.
Before clicking on the “Confirm order” button, the Customer will have the option to check the details of their order and the total price, as well as return to the previous pages to correct any errors or make any changes to their order.
The Customer hereby acknowledges having read the GTCS prior to confirming the order as described in Article 2 herein. Confirming the order by ticking the corresponding box shall therefore constitute acceptance, without restriction or reservation, of the GTCS.
The Customer is required to check the accuracy of all delivery information entered in the order forms.
Once the Customer’s payment has been validated, they will receive an order confirmation e‑mail.
The Customer will then receive immediate online confirmation that payment for the order has been accepted. The Customer will also receive an immediate online acknowledgement of receipt, to be considered as confirmation of the order.
However, in accordance with article L. 122-1 of the French Consumer Code, the Seller reserves the right to reject the order if it is unusual, placed in bad faith or for any other legitimate reason and, in particular, if there is a dispute with the Customer regarding payment for a previous order.
Prior to the processing and shipping of the order, the Customer can contact the Seller by e‑mail at firstname.lastname@example.org to correct any errors made when placing it.
The Seller shall not be responsible for any costs which might arise following the changes made to an order (delivery error, product returns, etc.). The Customer has the right of withdrawal as set out in Article 6 herein.
- PRICES AND DELIVERY CHARGES
Retail prices, in accordance with article L. 113-3 of the Consumer Code, are shown for each product featured on the Site in euros, inclusive of all taxes and exclusive of delivery and shipping costs.
Delivery and shipping costs will be stated prior to confirming the order and charged in addition to the products purchased.
The total amount due by the Customer will be shown on the order confirmation page.
The retail price of a product shall be that in force on the date the order is placed.
In the case of promotional pricing, the Seller shall undertake to apply the promotional price to all orders placed for the duration of the promotion.
- PAYMENT TERMS
Payment of the order price by the Customer shall be made exclusively by credit/debit card. The cards accepted are Carte Bleue, Visa and Eurocard/MasterCard.
The Customer must choose a delivery address, without which the order will be rejected. The order will be delivered to the delivery address provided by the Customer when placing it.
The Seller shall undertake, in accordance with the delivery times shown on the Site for each product, to deliver the products within the deadlines shown in the confirmation e-mail received after placing the order.
The Seller shall undertake to fulfil the order only for as long as stocks of PIQ products last. In the event that products are unavailable, the Seller shall undertake to notify the Customer as soon as possible and offer them a refund or another product of equivalent quality or price.
- RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, within the fourteen (14) days following receipt of the order, the Customer shall have the right of withdrawal without having to provide a reason for return. Should this fourteen-day period expire on a Saturday, Sunday or bank holiday, it shall be extended until the next working day.
Should the Customer wish to exercise their right of withdrawal, they must return the products within the aforementioned period and in their original packaging, complete and as new.
With the exception of the return costs, which shall remain payable by the Customer, the Seller shall refund all sums paid in their entirety, including the delivery costs, at the latest within fourteen (14) days following receipt of the product in question.
The Customer shall address any complaints to the following e-mail address: email@example.com. Only complaints related to the online sale of products sold on the Site will be taken into consideration.
The Seller is subject to the conditions of legal guarantees of conformity set out in articles L. 211-4 to L. 211-14 of the French Consumer Code, as well as the legal guarantees against latent defects set out in articles 1641 to 1649 of the French Civil Code.
In terms of the legal guarantee of conformity, the consumer:
- will have two (2) years from delivery of the goods to take action
- may choose between repair or replacement of the goods, subject to the conditions regarding cost set out in article L. 211-9 of the French Consumer Code
- is exempt from providing proof of the lack of conformity of the goods for six (6) months following their delivery. This period will be extended to twenty-four (24) months as of 18 March 2016, except for second-hand goods
The legal guarantee of conformity shall apply regardless of any commercial guarantees which may have been granted.
The consumer may decide to invoke the guarantee against latent defects of the goods sold under article 1641 of the French Civil Code. In this case, they may choose between cancellation of the sale or a reduction in the retail price in accordance with article 1644 of the French Civil Code.
The Customer must retain their purchase invoice to be eligible for the above-mentioned guarantees.
The Seller shall refund all return costs in their entirety upon presentation of supporting documents for all non-conforming or defective products.
To this end, the Customer must contact the Seller at firstname.lastname@example.org so that it may send them a return form with instructions.
- INTELLECTUAL PROPERTY RIGHTS
The “PIQ” trademark, as well as all other marks, figurative or otherwise, and more generally any other trademarks, illustrations, images and logos featuring on the products, their accessories and their packaging, whether or not they have been registered, are and shall remain the exclusive property of the company OCTONION, which has granted the Seller a licence to use the “PIQ”trademark.
Any total or partial reproduction, modification or use of such trademarks, illustrations, images and logos, for any reason and via any medium whatsoever, without the prior and express agreement of the Seller is strictly prohibited.
The same shall apply to any combination or use in conjunction with any other trademarks, symbols, logos and, more generally, any distinctive signs forming a composite logo. This shall also apply to all copyrights, designs, models and patents owned by the Seller.
- DATA PROTECTION
All information requested from the Customer is necessary for processing the order.
If the Customer agrees to provide personal data, they shall have the individual right to access, withdraw or correct that data under the conditions set out by Law 78-17 of 6 January 1978 on data protection. The Customer shall address all written requests to the following e‑mail address: email@example.com.
When creating their customer account on the Site, the Customer will have the option to choose to receive offers from the Seller and its partners.
- FORCE MAJEURE
Fulfilment by the Seller of its obligations under these GTCS shall be suspended in the event of unforeseen circumstances or force majeure which hinder or delay such fulfilment.
The Seller shall notify the Customer of any such unforeseen circumstances or cases of force majeure within ten (10) days following the date of the event.
Where execution of the Seller’s obligations is suspended for a period longer than thirty (30) days, the Customer shall have the option to cancel the pending order and the Seller shall subsequently provide a refund.
- APPLICABLE LAW
These GTCS are governed by French law.