General Terms of Sale
GENERAL TERMS AND CONDITIONS OF SALE
Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale ("GTCS") set out the rights and obligations of the parties in relation to the online sale of Products offered by Proshoesuk ("the Company").
1.2 Any Order placed on the Proshoesuk website implies the prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GCS therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares that he/she has read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These GCS apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he or she is a natural person over the age of 18, acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity. He/she acknowledges that he/she has the full capacity to enter into a commitment when placing an Order and undertakes to provide truthful information regarding his/her identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GTC, i.e. natural or legal persons, public or private, who are acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional.
Professionals wishing to place an Order with the Company are invited to contact us directly.
1.5 The GCS applicable to each Order are those in force on the date of payment (or of the first payment in the event of multiple payments) of the Order. The Company reserves the right to amend them at any time by publishing a new version on its website. These GCS can be viewed on the Company's website at the following address: firstname.lastname@example.org and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering process
To purchase one or more Products on the Site, the Customer selects each Product and adds it to their basket. Once they have completed their selection, they must confirm their basket in order to proceed with the Order (1st click).
At this stage, the Customer is redirected to a page containing :
A summary of the Products selected, the corresponding prices, delivery methods and delivery charges. It is then up to the Customer to check and, if necessary, correct the contents of their basket. These General Terms and Conditions of Sale. It is the Customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after checking the shopping basket and reading the GTCS (2nd click) constitutes the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his/her part.
The Customer is then redirected to the payment page. They may choose between the different payment methods offered and proceed to pay for their Order.
Once the Order has been validated and payment has been made, the Customer will receive a confirmation message from the Company to the e-mail address they provided to create their account. This message contains, in pdf format A summary of their order (Products selected, price, delivery terms and charges);
Precise identification of the company Proshoesuk and its activity;
The Order number;
The terms, conditions and withdrawal form;
These GTC in pdf format.
If the Customer does not receive confirmation of the Order, he/she is advised to contact the Company using the contact form on the site.
The Customer will then receive a purchase invoice in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to them in electronic format, as these documents may be produced as proof of the Contract.
2.2 Refusal by the Company to validate the Order
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order does not comply with the General Terms and Conditions ;
Quantities ordered that do not correspond to normal use by a consumer Customer;
Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
Suspicion of fraud involving the Order (supported by a body of corroborating evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The period of validity of the Products offered and their prices is specified on the Company's websites.
3.2 Product availability
Product offers are valid within the limit of stocks available from our suppliers. Product availability is normally indicated on the specific Product page.
However, insofar as the Company does not reserve stock (except in the specific case of Products indicated as pre-orders on the Product page), placing a Product in the shopping basket does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the Customer's Order has been validated, the Company will immediately inform the Customer by e-mail. The Order will be automatically cancelled and the Company will refund the price of the Product originally ordered, as well as any sums paid in respect of the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined on the basis of the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price applied within the panel of retailers is modified.
4.2 Modification of prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and delivery charges. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold via the Internet sites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Product(s) do not include import VAT, import taxes or customs duties, which must be paid in addition and shall be borne in full by the Customer, who is liable for these taxes as the recipient of the Product(s).
The prices of the Product(s) do not include the costs of packaging, wrapping, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for declaring and paying import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. Insofar as the Company is not responsible for this tax, it may not be required to reimburse this tax.
For all products dispatched outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and sums.
They shall be borne by the Customer and are the Customer's responsibility (declarations, payment to the competent authorities, etc.). In this respect, the Company invites the Client to obtain information on these aspects from the relevant local authorities.
Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Time of payment
Payment of the full price of the Order must be made immediately after the Order has been confirmed.
In exceptional circumstances, the Company may agree to payment in several instalments, particularly in view of the amount to be paid and its knowledge of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may request this by contacting the Company's Customer Service department at the following address email@example.com.
5.2 Payment methods
To pay for their Order, Customers may choose between different methods of payment:
Payment by credit card :
Only bank cards issued by a bank located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he/she has the necessary authorisation to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number constitutes authorisation to debit his/her account up to the total amount corresponding to the Products ordered. The amount will be debited when the Order is validated.
Payments by bank card are made via a secure payment platform and the bank card information communicated benefits from the SSL encryption process.
Payment via Paypal.
Payment by voucher and/or promotional code:
Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of any attempt to use the vouchers and/or promotional codes fraudulently, the Company may cancel the Order outright.
Generally speaking, in the event of payment authorisation being refused by the officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to implement an Order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the Customer may be asked to send the Company, by email or post, a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise details of the exact content of the information requested (in order to protect the confidentiality of the Customer's data) will be communicated to the Customer in the event of verification. The order will only be validated once the documents sent have been received and verified.
Article 6 - DELIVERY - DUTIES - RECEPTION
Before validating the Order, the Company will provide the Customer with information concerning the different delivery methods and their respective prices. Once the Client has chosen the delivery method, the Company will provide the Client with an estimated delivery time.
The Company will do its utmost to ensure that the Product(s) is (are) delivered no later than the scheduled delivery date. In the event of any difficulty, the Company undertakes to contact the Customer promptly to inform him/her of the problem and to work with him/her to find an appropriate solution.
Air transport, shipping and/or delivery of the Product(s) will be fully paid for by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when the Order is placed. However, any customs duties are not included in the price invoiced to the Customer by the Company.
Depending on the method chosen by the Customer, delivery will be made either to the address given by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the details provided for delivery, as the Customer alone remains responsible in the event of non-delivery due to incomplete or erroneous information.
6.2 Customs clearance
At the time of purchase, the Customer buys the product free of tax and becomes the importer of the product purchased in his capacity as recipient of the Product.
The Customer is therefore responsible for the import and customs clearance of the Product with the local customs offices. Depending on the price of the order, the Customer may be asked to pay customs duties (for Products with a customs value of more than €150).
The Customer is solely responsible for declaring customs duties when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The Company may not therefore be required to reimburse these duties.
Upon receipt of the Product, the Client undertakes to check that the Product is complete and undamaged.
If an anomaly is found, the Customer must contact the Company's Customer Service Department within three days (excluding public holidays) of receiving the Product. Any complaint submitted after this time will not be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within a period of fourteen (14) calendar days from the date of receipt of the order.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed, with the cost of returning the product(s) being borne by the Customer.
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal may not be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period; The supply of goods made to the consumer's specifications or clearly personalised;
The supply of goods likely to deteriorate or expire rapidly;
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications
Subscription contracts for these publications;
Concluded at a public auction;
7.3 Procedures for exercising the right of withdrawal
To exercise their right of withdrawal, customers must contact customer support at the following address: firstname.lastname@example.org
Customer Support will reply to the Customer, indicating how to return the goods.
The Customer has a period of 14 days from the date on which notification of withdrawal is sent in which to return the Product to the Company in its original packaging, the cost of return being borne exclusively by the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-sold by the Company. In the event of receipt of Products that have been opened, used, incomplete, damaged or soiled, the Company will not issue any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event that the Product is returned under the conditions provided for by law and these GCS, the Company will refund all sums paid by the Client within 14 days of notification of withdrawal, unless the Product is returned after this period. In this case, the Company will only reimburse the Customer once it has received and checked the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for the same amount as that paid in this form.
Article 8 - GUARANTEES
8.1 Legal warranties
The Company remains liable for defects in the conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the French Consumer Code, as well as for hidden defects in the goods sold in accordance with articles 1641 et seq. of the French Civil Code.
When acting under the legal guarantee of conformity (as provided for in articles L.217-4 et seq. of the French Consumer Code), the Consumer Customer: Has a period of 2 years from delivery to take action.
May choose between repairing or replacing the Product, subject to the cost conditions set out in article L.217-9 of the French Consumer Code Is exempt from proving the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to take action under the legal warranty against hidden defects within the meaning of article 1641 of the Civil Code; the Customer may choose between rescission of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made his responsibility under the contract or carried out under his responsibility".
L.217-5 Consumer Code
"The goods conform to the contract:
1° If it is fit for the use normally expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer".
L.217-12 Consumer Code
"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
1641 of the French Civil Code
"The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of the defects.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect [...]". [...] "
8.2 Manufacturer's warranty
Certain Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page for the Product. If the Customer wishes to make use of this guarantee, he/she should inform the Company by contacting Customer Services and should consult the terms and conditions of application of the guarantee, which are generally included in the box concerning the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, which is responsible for processing the data, collects a certain amount of compulsory personal data (including, in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which is absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for
5 years from the end of the Contract.
If the Customer fails to provide this information, it will be impossible to process the Order.
This data is intended for internal use by the Company, but may be passed on to companies that contribute to the performance of the service, including in particular those that deliver the Products or process payments.
With regard to this personal data, the Customer has several rights: Right of access to personal data concerning him/her;
Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, out of date or if the collection, use, communication and storage of certain data is prohibited;
The right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (particularly in the case of processing for commercial canvassing)
Right to formulate post-mortem directives concerning the retention, deletion and communication of your personal data Right to withdraw consent to certain processing operations (processing operations carried out prior to withdrawal of consent remain lawful) Right to lodge a complaint with the CNIL.
To exercise these rights, the Customer may send a request to the Company by: sending an email to email@example.com
The request must include the Customer's e-mail address, surname, first name and postal address, and must be accompanied by a copy of both sides of the Customer's identity document.
A reply will be sent within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property rights to the Products sold.
Trademarks, domain names, products, software, images, videos, texts and, more generally, any information subject to intellectual property rights are and remain the exclusive property of the Company or of their original owner. No transfer of intellectual property rights is made through these GCS.
Article 11 - FORCE MAJEURE
The Company may not be held liable for failure to perform its obligations hereunder in the event of a fortuitous event or force majeure which prevents performance. The Company will notify the customer of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary contained herein, the Company shall in no event be held liable for any loss or damage due to inappropriate use of the Product(s) by the Client, including in particular any modification or alteration of the Product(s) not authorised by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC, or generally applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed will not be able to place further orders or create a new account on the Site without the Company's prior authorisation.
Article 14 - ARCHIVING - PROOF
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
At the time of each Order, the Order summary is sent to the Client by e-mail and archived on the Company's website.
Communications between the Company and the Customer are recorded in computerised registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
The Customer will have access to the archived elements on simple request to the following address: firstname.lastname@example.org
Article 15 - NULLITY AND MODIFICATION OF THE GCS
If any one of the stipulations of these GCS is null and void, it will be deemed unwritten, but this will not invalidate all of the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made in the context of these GCS, regardless of the frequency and duration thereof, shall not be deemed to constitute a modification of the GCS, nor to generate any right whatsoever for the Customer.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTC are governed by French law.
In the event of any difficulty whatsoever, Customer Service is at your disposal to find an amicable solution.
If no solution can be found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/.