1.1 – Identification and corporate purpose of the company
pwsport is an SARL under French law with capital of 60,000 Euros whose head 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 product objects 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 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 hereunder.
1.3 – Definitions
A “Customer” will be any person wishing to trade with prosurfshop.com (pwsport) while respecting these general conditions. Each order placed by a customer under the conditions provided for herein will hereinafter be referred to as “order”. The companies that nomadparis.fr uses to transport products to the customer are here called “transporters”.
Art 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 for the digital economy of June 21, 2004, any order validated by the customer constitutes irrevocable acceptance of these general conditions by the customer, as a handwritten signature, which can only be called into question 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 – Probative document
The contractual information regarding the order will be confirmed by email. Prosurf-shop.com recommends that the customer keep their order confirmation email or print it. However, 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 conditions of sale. Any new version of the general conditions of sale will be notified in advance on the home page of the site prosurfshop.com (pwsport) Products ordered on the prosurf-shop.com site by customers are governed by the general conditions of online sale on the date of the order.
Art 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 were to be 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 a right of prosecution in favor of the customer. Prosurf-shop.com strives to best present, on the product sheets, the essential characteristics of the latter. The information presented by prosurf-shop.com is that communicated by the manufacturer. Prosurf-shop.com(pwsport) cannot be held responsible in the event of incorrect information communicated by the manufacturer (error in reference, characteristic, photograph, etc.). Generally speaking, the descriptions (photographs, texts, graphics, information and characteristics) illustrating the products presented are given for information purposes only and are non-contractual. In the event of an error in the description (photographs, texts, graphics, information or characteristics) on a product, nomadparis.fr cannot be held liable.
3.2 – Availability
Prosurf-shop.com(pwsport) undertakes to honor orders received within the limits of available stocks. In the absence of availability of the product, under no circumstances will prosurf-shop.com(pwsport) be liable, nor give rise to the right to damages for the customer. On the other hand, prosurf-shop.com (pwsport) undertakes to inform the customer as quickly as possible and to offer him a similar product in the same price and characteristic level, a refund or a “credit” on the the entire prosurfshop.com catalog 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 informs the customer of the unavailability of the product. If this deadline is exceeded for reasons beyond its control, prosurfshop.com(pwsport) cannot be pursued by the customer.
Art 4 Price :
4.1 – Composition and validity
The prices of products sold on the site are indicated in Euros, all taxes included, excluding shipping costs. If the price of the same product is incorrect on another location on the site (for example on the home page), it is the price indicated on the description sheet that takes precedence.
4.2 – Possible errors
All prices are given subject to obvious typographical errors. If an error should occur prosurf-shop.com will contact the customer to alert them of the error made by its services and will remind them that the order will be invoiced under the corrected conditions. However, in case of refusal of the corrected conditions, the customer will be free to cancel the corrected order without penalty.
Art 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 having the 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 said card and that the latter 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 commits to the veracity of this information:
• First and last name.
• Email address.
• Payment card type, 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 has 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 his or her order (product ordered, delivery address, billing address, telephone contact details, etc.). prosurf-shop.com (pwsport) cannot be held responsible for possible input errors by the customer nor for the consequences in terms of delay or delivery error. Therefore, if delivery cannot take place due to an input error by the customer, reshipment costs will be the responsibility of the customer. In this case, the customer will refrain from any complaints due to delivery times.
5.3 – Non-execution of the order
Prosurf-shop.com cannot be held liable for non-performance of the contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, particularly of postal services and means of transport, communications ( computer network failure etc.), flooding, fire, etc.
Art 6 – Payment validation:
6.1 – Conditions
In order to limit the risk 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. At the end of this possible check, prosurf-shop.com reserves the right to accept or reject the order.
Art 7 – Payment:
7.1 – Payment terms
The customer has the possibility of paying for his order in several ways:
(I) Online payment by Card: – Bank card (Carte Bleue, VISA, Eurocard / Mastercard) In case of online payment by card, the customer is required to provide the type of their payment card, the payment card number, the expiration date and the cryptogram. He warrants
(a) that he is fully entitled to use said card
(b) that the card provides access to sufficient funds to cover all costs arising from his order.
(II) Payment by sending a bank check – issued by a bank domiciled in mainland France or Monaco – as long as the amount of the order does not exceed 1000 Euros. Note: If paying by bank check, the order will only be processed upon receipt of the check. Availability and shipping times must therefore be calculated from the date of validation of 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 used and secure. Once the payment has been validated, the related data is destroyed and does not remain on the Paypal server. This is the reason why prosurf-shop.com(pwsport) requests their data from its customers, with each new order.
7.3 – Access to the invoice
The customer’s invoice is sent with the package.
7.4 – Failure to pay
Prosurf-shop.com (pwsport) reserves the right to suspend or close the account of a Customer who contravenes the provisions of these General Conditions of Sale. Any person whose account has been suspended or closed cannot 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 paid in full for a previous order or with whom a dispute has not been resolved.
Art 8 – Delivery :
8.1 – Delivery process
The products must be delivered to the address indicated by the customer when entering information during their Order. This is why prosurf-shop.com advises the customer to ensure the accuracy of the information they may have provided for the delivery of their order. If the customer cannot be present at the address he has indicated on the day of delivery, a “calling notice” is left in the customer’s mailbox. It is then up to the customer to collect their order from their Post Office within 10 working days following submission 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. If the customer chooses reimbursement, prosurf-shop.com(pwsport) will make its best efforts to reimburse 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 pursued by the customer. If the customer enters an incorrect address when ordering, the Post Office will be unable to deliver and the product will be automatically returned to prosurf-shop.com( pwsport). If the customer decides to make a new delivery, this is his responsibility and must be paid before reshipment by contacting customer service. In the event of an anomaly regarding delivery, the customer must indicate his reservations in the form of detailed, dated, explicit handwritten observations accompanied by his signature on the delivery slip. These anomalies can be for example: – Product non-compliant in nature (reference error, color, etc.) or in quantity… In the event of an anomaly or non-compliance, 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 prosurf-shop.com customer service. (prosurf) by registered mail to: pwsport 15 rue Rivay 92300 Levallois Perret Any complaint made outside this deadline may be rejected without possibility of recourse for the customer. The absence of complaints and the non-emission of reservations on the part of the customer mean that the product delivered is deemed satisfactory and cannot be the subject of any subsequent dispute.
8.2 – Delivery delay
Orders are prepared and ready to be shipped within 24 business 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 late delivery. – Lead time in working days for shipments to mainland 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 delivery of the order to notify customer service. At the end of this period, no complaints from the customer will be admissible, i.e. all requests for exchange, refund or “credit” will be rejected.
Art 9 – Right of Withdrawal and Right of Return:
9.1 – General
The customer has a right of termination which 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 or her Order. The latter can thus obtain the right to return a product that does not suit them, without penalty**. If the customer exercises 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 whatever reason cannot be accepted. For example, the following reasons cannot be taken into account:
– the impossibility of reaching 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 or secondary residence.
9.2 – Product return procedure
To exercise their 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 their post office and send (at their expense) the order to the address of prosurf-shop.com. The customer then benefits from a period of 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. respecting the return conditions set out below:
– in its exact original condition
– inside its packaging which must be intact
– with all the accessories attached – 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). If the right of return is exercised in compliance with the conditions stipulated herein, the customer will be offered either a refund or a refund of the purchase amount, excluding return shipping costs. The only case where product return shipping costs are refunded to the customer is when the return is caused by an error on the part of prosurfshop.com(pwsport). If the customer chooses reimbursement, prosurf-shop.com(pwsport) will make every effort to reimburse the customer within 14 days from the date of receipt of the returned product. If this deadline 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 frame and conditions provided for in this article 10, the customer will neither be refunded nor obtain “credit”. In this case, if the customer wishes to enjoy his product again, he must make the request by email to prosurfshop.com(pwsport) which will then send the product as soon as possible. Return shipping costs will be the responsibility of the customer and payable in advance by credit card.
Art 10 – Applicable right :
10.1 – Jurisdictional jurisdiction
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 terms of the General Conditions of Sale cannot exceed a sum equal to the sums paid or payable during the transaction giving rise to said liability. Under the conditions provided for in article L.216-3, this sum is automatically increased by 10% if the reimbursement occurs no later than 30 days beyond this term, by 20% up to 60 days and by 50 % later.
Art 11 Information Technology 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 January 6, 1978, the customer has the right to access, rectify, oppose and delete personal data concerning him by writing, by mail and by providing proof of his identity, at: pwsport 15 rue Rivay 92300 Levallois Perret. Furthermore, the customer can 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 fight against 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) would then provide this personal data to other companies which would transmit it to prosurf-shop.com(pwsport) customers. commercial offers by post or telephone, customers who do not wish to do so could object to such provision of data concerning them by writing to pwsport.
By accepting these General Conditions of Sale, the Customer gives his/her consent to the use by prosurf-shop.com(pwsport) of personal data concerning him/her.
(Please print, complete and return this form only if you wish to withdraw from the sales contract.)
To the attention of PW Sport – 15 rue Rivay 92300 Levallois Perret
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s):
(*) Delete what is unnecessary.