General Conditions of Sale
Article 1-
1.1 – Identification and corporate purpose of the company pwsport is a SARL under French law with a capital of 60,000 Euros, whose registered office is located at 15 rue Rivay 92300 Levallois Perret – Tel.: 06 60 36 59 09. Pwsport is registered with the Nanterre RCS under number 402 189 393, its intra-community VAT number is FR 32402189393.
The corporate purpose of the pwsport company is the sale of products in the field of sports and leisure.
1.2 – Purpose of the general conditions of sale – Reciprocal obligations
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by prosurf-shop.com to the customer.
These general terms and conditions of sale are written in French and express the obligations and rights of the customer and prosurf-shop.com. In this sense, the customer acknowledges accepting without reservation all of the provisions provided for herein. Prosurf-shop.com reciprocally undertakes to respect the obligations incumbent upon it within the framework of these terms and conditions.
1.3 – Definitions
A "Customer" shall be any person wishing to trade with prosurfshop.com (pwsport) in accordance with these general conditions. Each order made by a customer under the conditions provided for herein shall hereinafter be referred to as an "order". The companies used by nomadparis.fr to deliver the products to the customer are hereinafter referred to as "carriers".
Article 2 General:
2.1 – Conclusion of the contract – Entry into force of the general conditions
In accordance with the law of March 13, 2000 on electronic signatures and the law on trust in the digital economy of June 21, 2004, any order validated by the customer constitutes an irrevocable acceptance of these general conditions by the customer, like a handwritten signature, which can only be challenged within the limits provided for in article 10 below of these general conditions.
2.2 – Duration of the contract
The general conditions of sale are concluded for the duration necessary for the supply of the goods.
2.3 – Evidence document
Contractual information regarding the order will be confirmed by email.
Prosurf-shop.com recommends that the customer keeps his order confirmation email or prints it. However, it may also constitute legal proof of communications, orders and payments between the parties.
2.4 – Validity of the general conditions of sale
Prosurf-shop.com (pwsport) reserves the right to modify its general terms and conditions of sale. Any new version of the general terms and conditions of sale will be announced in advance on the home page of the prosurfshop.com (pwsport) website.
Products ordered on the prosurf-shop.com website by customers are governed by the general online sales conditions on the date of the order.
Article 3: Products
3.1 – Description and information on products
The products offered by prosurf-shop.com (pwsport) comply with current French legislation and the standards applicable in France. However, if a product is withdrawn from sale for any reason by the manufacturer, prosurf-shop.com will withdraw the product from sale as soon as possible. This action cannot under any circumstances give rise to a right of action in favor of the customer.
Prosurf-shop.com strives to present the essential characteristics of the products as best as possible on the product sheets. The information presented by prosurf-shop.com is that provided by the manufacturer. Prosurf-shop.com (pwsport) cannot be held liable for any incorrect information provided by the manufacturer (error in reference, characteristics, photographs, etc.). In general, the descriptions (photographs, texts, graphics, information and characteristics) illustrating the products presented are given for information purposes only and are not contractual. In the event of an error in the description (photographs, texts, graphics, information or characteristics) of a product, nomadparis.fr cannot be held liable.
3.2 – Availability
Prosurf-shop.com(pwsport) undertakes to honour orders received within the limits of available stocks. In the event of unavailability of the product, under no circumstances shall prosurf-shop.com(pwsport) be held liable or entitled to damages for the customer. However, prosurf-shop.com(pwsport) undertakes to inform the customer as soon as possible and to offer them a similar product in the same price and characteristic level, a refund or a "credit" on the entire prosurfshop.com catalogue. If the customer opts for a refund, prosurf-shop.com will make every effort to reimburse the customer within 30 days from the date on which prosurf-shop.com informed the customer of the unavailability of the product. If this period is exceeded for reasons beyond its control, prosurfshop.com(pwsport) cannot be sued by the customer.
Art 4 Price:
4.1 – Composition and validity
The prices of the products sold on the site are indicated in Euros, all taxes included, excluding shipping costs. If the price of the same product is incorrect elsewhere on the site (for example on the home page), the price indicated on the description sheet is the one that prevails.
4.2 – Possible errors
All prices are given subject to obvious typographical error. If an error should occur prosurf-shop.com will contact the customer to warn him of the error made by its services and will remind him that the order will be invoiced under the corrected conditions.
However, in the event of refusal of the corrected conditions, the customer will be free to cancel the corrected order without penalty.
Article 5 Order:
5.1 – Capacity
Only persons legally capable of entering into contracts concerning the goods and services offered on the site may order on the prosurf-shop.com site. When placing the order, the customer guarantees that they have full legal capacity to adhere to these general conditions and thus conclude this contract.
When paying by card, the customer guarantees that he is fully authorized to use the card and that the card provides access to sufficient funds to cover all costs necessary to pay for the order.
5.2 – Personal information
When ordering, the customer agrees to provide the information requested and undertakes to ensure that this information is accurate:
• First and last name.
• Address.
• Phone.
• Email address.
• The type of payment card, card number, expiration date and card cryptogram (encrypted and secure data)
Any customer validly registered on the site will be bound by any order which required the use of the email address and personal password of said Customer (subject to the rights of withdrawal and return as defined herein).
The customer must check all the information entered during the order (product ordered, delivery address, billing address, telephone contact details, etc.). prosurf-shop.com (pwsport) cannot be held responsible for any data entry errors by the customer or for the consequences in terms of delay or delivery error. Thus, if the delivery cannot take place due to a data entry error by the customer, the reshipping costs will be borne by the customer. In this case, the customer will refrain from any claim due to delivery times.
5.3 – Failure to execute the order
Prosurf-shop.com cannot be held liable for non-performance of the contract in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport, communications (computer network failure, etc.), flood, fire, etc.
Article 6 Validation of payment:
6.1 – Conditions
In order to limit the risks of fraud and to protect the interests of its customers, prosurf-shop.com is sometimes required to carry out checks relating to the validity of payments made. Following this possible check, prosurf-shop.com reserves the right to accept or reject the order.
Article 7 Payment:
7.1 – Payment terms
The customer has the possibility to pay for his order in several ways:
(I) Online payment by Card:
– Bank card (Carte Bleue, VISA, Eurocard / Mastercard)
In the event of online payment by card, the customer is required to provide the type of his payment card, the payment card number, the expiry date and the cryptogram. He guarantees (a) that he is fully authorized to use said card (b) that the card gives access to sufficient funds to cover all costs resulting from his order.
(II) Payment by sending a bank check – issued by a bank domiciled in mainland France or Monaco – provided that the amount of the order does not exceed 1000 Euros.
Note: In case of payment by bank check, the order will not be processed until receipt of the check. Availability and shipping times must therefore be calculated from the date of validation of the payment by check.
(III) Payment by bank transfer
7.2 – Payment security
For transaction security, prosurf-shop.com (pwsport) uses Paypal.
Customers' bank details are encrypted on their own computer and then transmitted securely to the Paypal server. This procedure is managed by SSL encryption technology, one of the most widely used and safest.
Once the payment is validated, the data relating to it is destroyed and does not remain on the Paypal server. This is the reason why prosurf-shop.com (pwsport) asks its customers for their data, with each new order.
7.3 – Access to the invoice
The customer's invoice is sent with the package.
7.4 – Default of payment
Prosurf-shop.com (pwsport) reserves the right to suspend or close the account of a Customer who contravenes the provisions of these General Terms and Conditions of Sale. Any person whose account has been suspended or closed may not order on the site without prior authorization.
Prosurf-shop.com(pwsport) reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully paid for a previous order or with whom a dispute has not been resolved.
Article 8 Delivery:
8.1 – Delivery process
The products are necessarily delivered to the address indicated by the customer when entering the information during his Order. This is why prosurf-shop.com advises the customer to ensure the accuracy of the information he may have provided for the delivery of his order.
If the customer cannot be present at the address he has indicated on the day of delivery, a "notice of passage" is left in the customer's mailbox. It is then up to the customer to collect his order from his Post Office within 10 working days following the deposit of the notice or to contact the carrier.
If the customer wishes to cancel his order, he can choose either a refund or a credit note. If the customer chooses a refund, prosurf-shop.com(pwsport) will make its best efforts to refund the customer within 30 days from the date of receipt of the returned product. If this 30-day period is exceeded for reasons beyond its control, prosurf-shop.com(pwsport) cannot be sued by the customer.
If the customer has entered an incorrect address when ordering, the Post Office will be unable to make the delivery and the product will be automatically returned to prosurf-shop.com (pwsport). If the customer decides to make a new delivery, this is at his expense and must be paid before reshipping by contacting customer service.
In the event of an anomaly concerning the delivery, the customer must indicate his reservations in the form of detailed, dated, explicit handwritten observations accompanied by his signature on the delivery note. These anomalies may be, for example:
– Product not compliant in nature (error in reference, color, etc.) or in quantity…
In the event of an anomaly or non-conformity, the customer must refuse the package and must, as soon as possible on the same day of delivery (10 days maximum), send their complaints to the customer service of prosurf-shop.com (prosurf) by registered letter with acknowledgment of receipt to: pwsport 15 rue Rivay 92300 Levallois Perret
Any claim made outside this period may be rejected without any possibility of recourse for the customer. The absence of claims, the non-issuance of reservations on the part of the customer means that the product delivered is deemed satisfactory and cannot be the subject of any subsequent dispute.
8.2 – Delivery times
Orders are prepared and ready to be shipped within 24 working hours (subject to availability) following the order. The deadlines mentioned on the product sheet (subject to availability) are only indicative and prosurf-shop.com(pwsport) cannot be held responsible for the consequences due to a delay in delivery.
– Delivery time in working days for shipments in Metropolitan France: 72 hours
If a package is not received within the indicative time frame, the customer may contact customer service, who will determine the cause of the delay and communicate it to the customer.
In the event of non-delivery of an order or part of an order, the customer has a maximum of thirty (30) days from the date indicated for the delivery of the order to notify customer service. After this period, no further claims from the customer will be admissible, i.e. all requests for exchange, refund or "credit" will be rejected.
Article 9 Right of Withdrawal and Right of Return:
9.1 – General
The customer has a right of termination that he can exercise within 24 hours of placing his order by informing prosurf-shop.com. Otherwise, the provisions of article L 121-20 of the Consumer Code apply.
In accordance with the provisions of Article L 121-20 of the Consumer Code, the customer has a right of return within 10 days following receipt of his Order. The latter can thus obtain the right to return a product that does not suit him, without penalty**. In the event of the customer exercising the right of return and in accordance with the provisions of Article L. 121-20 of the Consumer Code, the costs of returning the order remain the responsibility of the customer.
Any return request received by prosurf-shop.com(pwsport) beyond this 7-day period for any reason whatsoever will not be accepted. For example, the following reasons cannot be taken into account:
– the inability to contact customer service by telephone (the Customer can send an email)
– the absence of the customer during the period of 10 days following receipt of the order by a third party,
– delivery of the order to a vacation spot or secondary residence.
9.2 – Procedure for returning a Product
To exercise his right of return, it is advisable for the customer to first contact customer service by email, indicating "return request" in the subject of the email. If the return is due to a change of mind, the customer must go to his post office and send (at his expense) the order to the address of prosurf-shop.com. The customer then has 15 days for prosurf-shop.com to receive the Product.
The product must be returned to prosurf-shop.com in a condition suitable for resale, i.e. complying with the return conditions set out below:
– in its exact original condition
– inside its packaging which must be intact
– with all the accessories that were attached to it
– bearing no trace of use
– folded in its original packaging suitable for re-marketing
The products must be accompanied by the sales invoice.
If the product is lost by the carrier during this shipment, the customer is solely responsible and cannot be reimbursed by prosurf-shop.com (prosurf).
In the event of exercising the right of return in compliance with the conditions stipulated herein, the customer will be offered either a credit or a refund of the purchase amount, excluding return shipping costs. The only case where the return shipping costs are refunded to the customer is when the return is due to an error on the part of prosurfshop.com (pwsport).
If the customer chooses a refund, prosurf-shop.com(pwsport) will make every effort to refund the customer within 14 days from the date of receipt of the returned product. If this period is exceeded for reasons beyond its control, prosurf-shop.com cannot be sued by the Customer.
If the returned product does not reach prosurf-shop.com(pwsport) within the time and conditions provided for in this article 10, the customer will not be able to be reimbursed or obtain a "credit". In this case, if the customer wishes to enjoy his product again, he must make a request by email to prosurfshop.com(pwsport) who will then send the product as soon as possible. The reshipping costs will be the responsibility of the customer and payable in advance by credit card.
Article 10 Applicable law:
10.1 – Jurisdictional competence
The general conditions of sale of prosurf-shop.com (pwsport) will be executed and interpreted in accordance with French law.
10.2 – Liability
The liability of prosurf-shop.com under the General Terms and Conditions of Sale may not exceed an amount equal to the amounts paid or payable during the transaction giving rise to said liability. Under the conditions set out in Article L.216-3, this amount is automatically increased by 10% if the refund occurs no later than 30 days beyond this term, by 20% up to 60 days and by 50% thereafter.
Article 11 Data Protection and Freedoms:
The information collected by prosurf-shop.com (pwsport) during any order by a customer is necessary for the proper management of this order. In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the customer has the right to access, rectify, oppose and delete personal data concerning him/her by writing, by mail and providing proof of identity, to: pwsport 15 rue Rivay 92300 Levallois Perret.
Furthermore, the customer may also consult or modify his data by consulting the "Your account" section on the Site. In the event that prosurf-shop.com(prosurf) transmits personal data concerning its customers for a purpose other than to combat bank card fraud, to make a delivery, to facilitate a transaction or to resolve a possible dispute, to respond to an injunction emanating from a court decision or legal authorities and that prosurf-shop.com(pwsport) then provides this personal data to other companies that would transmit commercial offers to prosurf-shop.com(pwsport) customers by post or by telephone, customers who do not wish to do so may object to such provision of data concerning them by writing to pwsport.
By accepting these General Conditions of Sale, the Customer gives his consent to the use, by prosurf-shop.com(pwsport) of personal data concerning him.
WITHDRAWAL FORM
(Please print, complete and return this form only if you wish to withdraw from the sales contract.)
For the attention of PW Sport – 15 rue Rivay 92300 Levallois Perret
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s):
Date :
(*) Delete as appropriate.