GENERAL CONDITIONS OF ONLINE SALE

PREAMBLE

These conditions are established between the company PRIEUR SPORTS, whose registered office is at 54 avenue du Général de Gaulle, 21110 GENLIS, with company capital of EUR 30 000, registered in the Commercial Register of DIJON with the number 804 097 830, hereinafter "Seller" and anyone who makes a purchase on the website www.prieur-sports.com, hereinafter referred to as "Buyer" or "Customer" and collectively referred to as "the Parties".

PRIEUR SPORTS customer service is available Monday through Thursday from 8:30 to 12:00 and 13:30 to 17:00, and Fridays from 8:30 to 12:00 on the phone 03 85 69 07 77 and by e-mail through the following address: contact@prieur-sports.com

The validation of the order by the buyer implies acceptance without reservation of these General Conditions of Sale.

Changes in these General Conditions of Sale are binding for the Customer of the website from the moment in which they appear online and can not be applied to the operations carried out previously.

Unless proved otherwise, our computer records and those of our suppliers, preserved in reasonable security conditions, shall constitute proof of transactions between PRIEUR SPORTS and the Customer.

ARTICLE 1 - Orders

 

The customer declares to be of age or a holder of parental authorization and have the legal capacity to place an order on www.prieur-sports.com

 

PRIEUR SPORTS does not have the purpose of selling to professionals and is directed only to consumers or non-professionals under the Consumer Code.

 

To validate an order, the Customer must select the product/s by clicking the button "Add to cart", after indicating the amount of wanted items.

 

 Once the selection of products is completed, the Customer must validate the cart by clicking the "order" button.

 

 Then the customer is requested:

 

- Validate the total amount of the order,

 

- Identify themselves by entering username and password,

 

-Specify the delivery address,

 

-Validate the amount of the postage,

 

-Choose the form of payment and make payment of the order.

 

The sale shall not be considered finished until the Buyer has received the acceptance confirmation of the order by Seller via email and subsequently the acceptance by the Seller of the full price.

 

 The product offer is subject to the availability of stock.

 

ARTICLE 2 - Price

 

The prices listed on the website are indicated in euros and all the included expenses applicable in metropolitan France. VAT is charged at the rate prevailing at the time of order. Any rate change shall be shown on the current order.

 

Prices do not include handling costs, shipping, transportation and delivery, which are additionally charged and notified at the time of placing the order.

 

THE PRODUCTS ARE SOLD WITH PROPERTY RESERVATION CLAUSE AND THUS REMAIN THE PROPERTY OF PRIEUR SPORTS UNTIL FULL PAYMENT OF THE PRICE

 

The Seller issues an invoice available for the Customer on the website at the time of payment by the latter.

 

ARTICLE 3 - Payment conditions

 

The price is payable in full on the day of placing the order by the Buyer, through secure payment with credit card or by bank transfer

 

 

ARTICLE 4 - Delivery

 

The products are delivered to the delivery address indicated by the Customer when ordering.

 

The delivery date is indicated in the description text of the product and confirmed during the order confirmation. Unless otherwise indicated in the description text or during the order confirmation through Customer Service from the Seller, the products shall be delivered within a maximum period of 30 days.

 

The customer must check the status of the products at the time of delivery. The customer has a period of 48 hours from delivery date to formulate by email any observations or claims for nonconformity or apparent defect of delivered products with all the evidence to prove it. After this period and unless occurrence of such a procedure, products are considered compliant and free of defects and no claim may be validly accepted by the Seller.

 

 

 ARTICLE 5 - Right of cancellation

 

The customer has, in accordance with Article L 121-20 of the Consumer Code, a cancellation period of 14 working days from the delivery of products to return them to PRIEUR SPORTS.

 

In the case of an order of several products delivered separately, the period shall begin from receipt of the last product.

 

The Customer cancellation should be done by sending an e-mail to contact@prieur-sports.com clearly indicating the Customer´s will to cancell the sale.

 

Products must be returned in their original packaging, unused and in perfect condition within fourteen (14) days from the cancellation of the Customer. Damaged, dirty or incomplete items shall not be accepted.

 

The return of products is done at the risk of Customer, and at its expense.

 

Reimbursement of products (and shipping costs based on the standard rate) shall be made within fourteen (14) days from the receipt of the cancellation request, subject to the good reception of returned products and verification.

 

ARTICLE 6 - Guarantee

 

The products supplied by PRIEUR SPORTS shall benefit from a contractual guarantee whose duration and conditions are indicated in the description text of the product.

 

It is also recalled that the seller remains liable for defects of conformity of the goods sold under Articles L. 211.4 and following of the Consumer Code, as well as the legal guarantee against hidden defects according to Article 1641 and following of the Civel Code reproduced below.

 

 "Legal guarantee of conformity" (extracted from the Consumer Code)

 

 Article L. 211-4. "The seller must deliver the goods in accordance with the provisions of the contract and is liable for defects of conformity existing at the time of delivery. It is also responsible for compliance defects resulting from packaging, assembly instructions or installation when it has been put under its charge according to the contract or has been performed under its responsibility. "

 

 Article L. 211-12. "The action resulting from lack of compliance shall expiry two years after delivery of the goods."

 

 Article L. 211-5. "To be comply with the contract, the good must:

 

 1. Provide the proper use which would be expected from a similar product and, where applicable:

 

• correspond to the description given by the trader and possess the qualities presented to the buyer in the form or model;

 

• present the qualities that a buyer can legitimately expect considering the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labeling.

 

 

2. Present the characteristics defined by mutual agreement by the parties or be suitable for a particular purpose required by the purchaser these having been made known to the seller, and the latter has accepted ".

 

"Guarantee of defects of the thing sold" (Extract of the Civil Code)

 

Article 1641. "The seller is subject to obligations regarding hidden defects of the object sold which make it unfit for use for which it was intended, or to decrease its use so that the buyer would not have acquired it, or would have paid a lower price if the customer had known".

 

Article 1648 - 1st paragraph "The action resulting from restrictive defects must be exercised by the buyer within two years after discovery of the defect".

 

The legal or conventional guarantee is excluded in case of misuse, neglect or lack of maintenance by the Customer, as in the case of normal wear and tear of such property, accident or major force, and the Seller's guarantee is limited to the replacement or refund of nonconforming products or affected by a defect.

 

ARTICLE 7- Liability

The products offered for sale comply with current French law and the rules applicable in the European Union. PRIEUR SPORTS shall not be responsible for breach of the law of the country where the product was delivered in the case of a country outside the European Union.

 

ARTICLE 8 - IT and Rights

 

In accordance with law 78-17 of 6 January, 1978, it is recalled that the personal data requested to the Customer are necessary in the treatment of the order and to issue invoices, and shall only be used for that purpose.

 

The information processing by intermediation of the website has been declared to the CNIL (National Commission for IT and rights).

 

The customers have, in accordance with national and European regulations, a permanent right of access, rectification, modification and opposition regarding the information concerning them.

 

ARTICLE 9 - Applicable Law - Jurisdiction

 

These current general conditions are governed by French law. Unless otherwise mandatory provision, the French courts shall have exclusive jurisdiction to keep track of disputes arising from the interpretation or implementation there of.

We also inform you that in case of dispute, you have the possibility to use a mediation procedure.

Mediation device for consumer litigation:

In accordance with articles L611-1 of consumer code R612-1 and ss, it is expected that any contractual dispute regarding the execution of the purchase contract / or the provision of services that could not be resolved in the context of a claim filed previously to the customer service of PRIEUR-SPORTS, contact@prieur-sports.com, the consumer will have free recourse to mediation. You must contact the National Association of Mediators (NAM), either by writing an email to rue Tiquetonne 75002 PARIS or by email filling in the online reference form on the following address: www.anm-conso.com

Consumers can also visit the website of the European Online Dispute Resolution platform:

 

https://webgate.ec.europa/odr/main/?event=main.home.show&Ing=FR

 

The following website www.economie.gouv.fr/mediation-conso also includes all the information useful in case of cross-border litigation.