ARTICLE 1 – SCOPE. These General Terms and Conditions of Sale (hereinafter, the “Terms”) shall apply, without restriction or reserve, to all sales entered into by the Seller and non-professional buyers (the “Customer(s)”) wishing to purchase products offered for sale (the “Products”) by the Seller at www.sbdsport.com. The Products offered for sale shall be as follows: Sports articles... The key features of the Products and, in particular, their specifications, pictures, dimensions or capacity shall be provided at www.sbdsport.com, and the Customer shall take these into account before ordering. The selection and purchase of a Product shall be the Customer’s sole responsibility. Product offers shall be understood to be limited to the number of the Product items in stock at the time of ordering. These Terms shall be available at all times at www.sbdsport.com. By checking the appropriate box before starting the online ordering procedure at www.sbdsport.com, the Customer declares that s/he has read and agrees with these Terms. The data recorded in the Seller’s computer system shall constitute prima facie evidence of all transactions entered into with the Customer. Seller’s details: SBD-SPORTBRANDDEVELOPMENT 3 AV FENELON 78600 MAISONS-LAFFITTE +33 6 21 19 71 21 Registered in the Versailles companies register under No. B 848855615 Email: firstname.lastname@example.org ARTICLE 2 – PRICE. The Products shall be supplied at the current prices as specified at www.sbdsport.com at the time the order is placed. The prices are specified in EUR, VAT included. The prices shall take into account any rebates allowed by the Seller at www.sbdsport.com. Such prices shall be firm and not subject to change during their validity period but may be revised by the Seller at any time thereafter. The prices shall not include the costs of processing, forwarding, shipping, and delivery, which shall be charged in addition, subject to the terms and conditions specified on the site, and calculated before the order is placed. The payment requested from the Customer shall amount to the total order price including such costs. The Seller shall issue a purchase invoice. ARTICLE 3 – ORDERS. The Customer shall select Products to order at www.sbdsport.com, subject to the following terms and conditions. The Customer shall select a Product and place it into the shopping cart. The Customer may remove any Product from the shopping cart or modify its details before confirming the order and accepting these General Terms of Business. Then the Customer shall key in his/her details or enter his/her personal account and select the delivery option. After confirmation of such details, the order shall be deemed finalized and the Customer shall be requested to pay it, subject to the specified terms and conditions. Products shall be deemed available for sale as long as they are displayed on the site, within the limits of the quantity in stock. The sale shall be considered valid solely upon full payment of the price. It shall be the Customer’s responsibility to verify whether the order is exact and to report any errors. Any order placed at www.sbdsport.com shall constitute a distance contract entered by and between the Customer and the Seller. The Customer can track the processing of his/her order on the site. ARTICLE 3 BIS – CUSTOMER’S PERSONAL ACCOUNT (PROFILE). To place orders, the Customer is encouraged to create a personal account (profile). To do so, the Customer needs to get registered by filling in the form offered at the time of ordering. To this end the Customer undertakes to provide his/her true and exact date of birth and other details, including email address. The Customer shall be responsible for keeping the details so provided up to date. To that end, the Customer may enter his/her profile. To access his/her profile and the history of orders, the Customer shall need to identify him/herself using his/her username and password communicated to him/her after registration. The username and password shall be strictly confidential, and the Customer shall not disclose them to anyone, failing which the Customer shall be solely liable for their abuse. The Customer may cancel his/her registration by visiting the special page in his/her profile or sending an email to email@example.com. The cancellation shall be processed within a reasonable time. If the Customer’s account is deleted for whatever reason, all the Customer’s personal data shall be wiped out. The Seller shall not be held liable for any force majeure resulting in a site or server malfunction, or for any interruption or modification for maintenance purposes. The creation of an account implies the acceptance of these General Terms and Conditions of Sale. ARTICLE 4 – PAYMENT. The price shall be paid by bank card via a secured payment channel. The Customer shall pay the full price in cash on the day the order is placed. The payment data shall be sent in encrypted form using the protocol defined by the payment gateway used by the Seller to process the online payment transactions at www.sbdsport.com. Any payment by the Customer shall be definitive solely after the amount due is actually credited to the seller’s account. ARTICLE 5 – DELIVERY. Upon validation of the Customer’s registration details, the Customer shall select the delivery option. The Products ordered by the Customer shall be delivered within continental France or the following zone(s): France, Europe. The delivery shall arrive in 2 to 4 days, depending on the option selected, at the address specified by the Customer in the order. The Seller undertakes to use its best efforts to deliver the ordered Products to the Customer within the specified period. This, however, is purely indicative. Should the Products not be delivered within 30 days following the indicative delivery date, for any reason except force majeure or the Customer’s fault, the sale may be cancelled on the Customer’s written demand, subject to the terms and conditions provided by Articles L216-2, L216-3, and L241-4 of the Consumer Code. In such event, the sum paid by the Customer, less any indemnity or deduction, shall be refunded within up to fourteen days following the termination date. Should the Customer request any specific packaging or transport conditions for the ordered Products, then, if such request is duly accepted by the Seller in writing, the relevant costs shall be invoiced separately, subject to the computation accepted by the Customer beforehand in writing. The Customer shall be allowed a period of 14 working days following the order receipt date to cancel such order, and another 14 days following such cancellation, to return the ordered item. The return shipment costs shall be borne by the Customer. The Products returned by the Customer shall be unused, complete, and in their original packaging. The refund shall be strictly subject to mint condition of the returned Product. The Customer shall contact La Cote au Carré using the contact form provided, notifying his wish to return the product and specifying the order reference. Upon validation La Cote au Carré shall instruct the Customer on the return procedure. We strongly recommend using Lettre Suivi or Colissimo for return shipments as they assign a track number confirming the dispatch. Otherwise, should the parcel without such track number be stolen, we shall not be able to process the refund. Return shipment to be made to: EURL La Cote au Carré Le Charrault 86300 Fleix. ARTICLE 6 – OWNERSHIP TRANSFER. Ownership of the Products shall pass from the Seller to the Customer upon full payment of the price, regardless of the Product delivery date. ARTICLE 7 – TERMINATION RIGHT. Pursuant to Article L221-18 of the Consumer Code: “The consumer shall be allowed fourteen days to terminate a distance contract entered by telephone or off-premises, without giving reasons or bearing any extra costs, other than provided by Articles L221-23 to L221-25. The period specified in the first paragraph shall start running from the date when 1. the contract is entered into, for service contracts and contracts specified in Article L221-4; 2. the goods are received by the consumer or a third party specified by the consumer (other than the carrier), for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his/her termination right starting from the date of contract. Where an order covers several items delivered separately or, in the event of an order for goods consisting of multiple lots or pieces with the delivery over a period of time, the termination period shall count from the date of receipt of the last item of the lot or of the last piece. The termination right may be exercised by sending an email to firstname.lastname@example.org expressly stating the intention to terminate the purchase. The Products shall be returned in their original condition, complete (packaging, accessories, manual...), and conditioner-saleable as brand new, and shall be accompanied with the purchase invoice. The return of damaged, dirty, or incomplete Products shall not be accepted, with the return shipment costs still payable by the Customer. The Seller shall replace (subject to availability) or refund the Products returned in a condition as provided herein within 14 days upon their receipt. ARTICLE 8 – SELLER’S LIABILITY. GUARANTEES. Products supplied by the Seller are covered by a legal guarantee of conformity, for Products that are conspicuously defective, spoiled, damaged or do not correspond to the order, and a legal guarantee against hidden defects arising from defects in material, design, or workmanship affecting the delivered Products and rendering them unfit for use, subject to the following legal provisions: Article L217-4 of the Consumer Code (“The seller shall deliver articles consistent with the contract and shall remain liable for any discrepancy existing at the time of delivery. It shall also be liable for discrepancies related to packaging and installation or fitting manuals where these are expressly made its charge by the contract or are produced under its responsibility”), Article L217-5 of the Consumer Code (“An article is compliant with the contract: 1° When it is fit for use normally expected from similar goods and is either consistent with the description provided by the seller and possesses the qualities presented by the latter to the customer by way of a sample or a model; or it possesses the qualities which the buyer can lawfully expect, considered the public declarations made by the seller, manufacturer, or their representative, in particular, in the advertisement or on labels; 2° Or when it demonstrates the features defined by mutual agreement by the parties or is fit for any special usage sought by the buyer, as was made known to the seller and accepted by it”), Article L217-12 of the Consumer Code (“Non-compliance claim has a limitation period of two years starting from delivery date of the goods.”), Article 1641 of the Civil Code (“The seller shall be bound by the guarantee against hidden defects in the item sold rendering it unfit for the intended use or restricting such use in a way that the buyer would either not have purchased it or paid a smaller price for it, should s/he have known of such faults”), paragraph 1 of Article 1648 of the Civil Code (“The buyer shall lay a claim for hidden defects within two years form the date the defects are detected”), and Article L217-16 of the Consumer Code (“Should the buyer, during the effective period of the commercial warranty granted to him/her upon purchase or repair of a movable property item, request warranty maintenance from the seller, any period of withdrawal from service for seven days or more shall be added to the duration of the remaining warranty period. Such period shall start running from the date of the buyer’s request for maintenance or when the buyer hands over the relevant item for maintenance, where such handover occurs after the request for maintenance”). To exercise such right, the Customer shall promptly upon detection notify the Seller in writing (by regular or electronic mail) of non-compliance of the Products or of hidden defects. The Seller shall refund, replace, or repair the Products or warranted items acknowledged to be non-compliant or defective. The shipping costs shall be reimbursed on the basis of the invoiced rates, and the return shipping costs, upon presentation of supporting documents. The Products acknowledged to be non-compliant or defective shall be refunded, replaced, or repaired as soon as practicable and, in any event, within 30 days following the Seller’s acknowledgment of the non-compliance or hidden defects. Such refund may be made by wire transfer or by check. The Seller shall not be held liable in the following cases: non-compliance with the laws of the Products’ destination country making it the Customer’s responsibility to inspect them; a misuse, professional use, neglect or lack of maintenance by the Customer, as well as normal wear and tear of the Products, accident or force majeure. Photographs or images as displayed on the site shall not be contractually binding and shall not result in any liability for the Seller. The Seller’s warranty shall, to all effects and purposes, be limited to replacement or refund of any Products found to be non-compliant or having hidden defects. ARTICLE 9 – PERSONAL DATA. In pursuance of law 78-17 of January 6, 1978, it is hereby reminded that personal data requested from the Customer are necessary, in particular, to handle the Customer’s orders and to issue invoices. Such data may be communicated to eventual counterparts of the Seller instructed to execute, handle or manage orders, or process payments. The Customer shall, pursuant to the current international and European enactments, be granted a right of continuous access to modify, rectify, or prohibit the use of any of his/her personal information. ARTICLE 10 – INTELLECTUAL PROPERTY. The contents of the www.sbdsport.com site constitute the intellectual property of the Seller and its counterparts and are protected by the French and international intellectual property laws. Any complete or partial reproduction of such contents is strictly prohibited and may constitute a copyright infringement. La Cote au Carré is a trademark registered with the NIIP (the National Institute of Industrial Property). All of the site contents are the exclusive property of EURL La Cote au Carré. No reproduction or presentation shall be permitted without a prior written consent of EURL La Cote au Carré. ARTICLE 11 – GOVERNING LAW. These Terms and any transactions entered into thereunder shall be governed by and construed in accordance with the French law. ARTICLE 12 – DISPUTES. In the event of any dispute, the Customer shall, prior to taking any legal action, propose an amicable solution. Where the parties fail to reach an agreement, any action may be brought solely before a French court of law.