I. GENERAL CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 regarding Confidence in the Digital Economy, this article sets out the identity of the various stakeholders involved in creating and monitoring the website.
The my-gloves.com website is published by:
Double D Import, which has its headquarters at the following address: 2 rue Vladimir Jankelevitch 77184 Emerainville, France, and is registered with the trade and companies register Meaux B 394 881 593.
Telephone: 01 64 73 00 20
The my-gloves.com website is hosted by:
Shrd. 91 rue du faubourg St Honoré 75008 Paris, France
ARTICLE 2. PRESENTATION OF THE WEBSITE
The purpose of the my-gloves.com website is:
The online sale of personalised adidas boxing gloves
ARTICLE 3. CONTACT
For any questions or requests for information about the website, or to report any unlawful contents or activities, users may contact the publisher at the following email address: firstname.lastname@example.org or by registered letter with an acknowledgement of receipt addressed to: Double D Import – 2 rue Vladimir Jankelevitch 77184 Emerainville, France
ARTICLE 5. ACCESS AND NAVIGATION
The publisher shall apply the technical solutions at its disposal in order to allow access to the site 24 hours a day, 7 days a week. However, it may, at any time, suspend, limit or interrupt access to the website or certain pages of it in order to make updates, changes to its content or to carry out any other action deemed necessary for the proper functioning of the website.
ARTICLE 6. SITE MANAGEMENT
To ensure the good management of the website, the publisher may at any time:
- suspend, interrupt or restrict access to all or part of the website, reserve access to the website or certain parts thereof to a specific category of Internet user;
- remove any information that could disrupt operation or that contravenes national or international laws or the rules of netiquette;
- suspend the website in order to make updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
Access to certain services, and in particular all paid services, is subject to registration by users.
Upon registration, users agree to provide accurate, honest and up-to-date information about themselves and their civil status. Users must also regularly check the data concerning them in order to maintain their accuracy.
Users must therefore provide a valid email address, to which the website will send confirmation of registration for its services. An email address cannot be used more than once to register for services.
Any communication by my-gloves.com and its partners is consequently deemed to have been received and read by users. Users therefore undertake to regularly consult the messages received at this email address and to reply within a reasonable time if required.
Only one registration for the website’s services is allowed per physical person.
Users are assigned a username that enables them to access a space reserved for them (hereinafter referred to as “Personal Area”) upon entering their password.
Users can change their username and password in their Personal Area. Passwords are personal and confidential, and users thus undertake not to communicate these to third parties.
Registered users can request to unsubscribe at any time by going to the dedicated page in their Personal Area. Unsubscribing from the website will take effect immediately after the user has filled out the form provided for this purpose.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content it has published itself.
The publisher is not responsible:
- in the event of problems or technical faults, computer failures or compatibility issues between the website and any hardware or software;
- for any damage, whether direct or indirect, material or consequential, foreseeable or unforeseeable, resulting from the use or difficulties in the use of the website or its services;
- for the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of information circulating online;
- for unlawful content or activities using its website without its knowledge within the meaning of Law No. 2004-575 of 21 June 2004 regarding Confidence in the Digital Economy and Law No. 2004-801 of 6 August 2004 regarding the protection of natural persons with respect to the processing of personal data.
Moreover, the website cannot guarantee the accuracy, completeness or relevance of the information published on it.
Users are responsible:
- for the protection of their hardware and data;
- for their use of the website or its services;
ARTICLE 9. HYPERLINKS
The website may contain hyperlinks to other websites over which my-gloves.com has no control. Despite the preliminary and regular checks carried out by the publisher, the publisher accepts no responsibility for the content that can be found on these websites.
The publisher authorises the creation of hyperlinks to any page or document on its website, provided that these links are not created for commercial or advertising purposes.
In addition, it is necessary to inform the publisher of the website before creating any hyperlinks.
This authorisation does not apply to websites that disseminate information that is illegal, violent, controversial, pornographic, xenophobic or liable to offend the great majority of people.
Finally, my-gloves.com reserves the right to have a hyperlink to its website removed at any time if the website deems that it does not comply with its editorial policy.
ARTICLE 10. DATA COLLECTION
The website has been declared to the French Data Protection Authority (CNIL) under the number 2057907.
The website also complies with the provisions of Law No. 78-17 of 6 January 1978 regarding Information Technology, Data Files and Civil Liberties. Under the provisions of the aforementioned Law, users have the right in particular to object to (Articles 32 and 38), access (Articles 38 and 39) and amend (Article 40) the data concerning them.
In order to exercise one of the aforementioned rights, users must contact the publisher by email at the following address: email@example.com or by registered letter addressed to the head office of the publisher, specifying their surname, first name(s), address and email address(es).
ARTICLE 11. COOKIES
ARTICLE 12. INTELLECTUAL PROPERTY
The structure of the website, as well as the text, graphics, images, photographs, sounds, videos and computer applications that make up the website, are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the site, by any means whatsoever, without the express prior written consent of the publisher is strictly prohibited and is likely to constitute an infringement within the meaning of Articles L335-2 et seq. of the French Intellectual Property Code. This does not apply to the elements expressly designated as free of rights on the website.
Access to the website does not constitute acknowledgement of a right and, in general, does not confer any intellectual property rights relating to any elements of the site, which remain the exclusive property of the publisher.
Users are prohibited from entering any data on the website which would modify or be likely to modify its content or appearance.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
The site is published by the seller, Double D Import, which has its headquarters at the following address: 2 rue Vladimir Jankelevitch 77184 Emerainville, France, and is registered with the trade and companies register Meaux B 394 881 593.
Seller’s unique intracommunity identification number: FR87 394 881 593
The following provisions are intended to define the General Terms and Conditions of Sale of the my-gloves.com website.
These General Terms And Conditions of Sale define the contractual rights and obligations of the seller and its customers in the context of distance selling and the electronic sale of goods and products.
The General Terms And Conditions of Sale exclusively govern the relationship between the seller and the customer.
The General Terms And Conditions of Sale set out the entire extent of the obligations of the parties. Customers are deemed to have accepted them without reservation; otherwise their order will not be confirmed.
In case of doubt regarding any of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France, as well as the French Consumer Code, shall apply.
The seller reserves the right to amend the General Terms and Conditions of Sale from time to time. Any amendments will apply as soon as they go online.
ARTICLE 1. ONLINE CATALOGUE OR SHOP
Through the website, the seller provides customers with an online catalogue or shop which accurately presents the products sold. However, the photographs do not have any contractual value.
The products are described and presented with the greatest possible accuracy. However, the seller cannot be held liable in the event of errors or omissions in presentation.
The products are on offer while stocks last.
The prices and taxes associated with the sale of the products are specified in the online catalogue or shop.
ARTICLE 2. PRICE
The seller reserves the right to amend its prices at any time by publishing them online.
Only the prices in force indicated at the time of the order will be applied, subject to the availability of the products on this date.
Prices are quoted in euros (given in gross and net amounts) and do not include delivery costs, which are charged at an additional cost. The delivery costs are indicated before the order is confirmed by the customer.
The prices take into account the applicable taxes on the day of the order, and any change in the rate of these taxes will be automatically reflected in the price of the products in the online catalogue or shop. If one or more taxes or levies, in particular environmental taxes, have been created or modified, whether increased or decreased, this change may be reflected in the selling price of the products.
The total amount for the order (inclusive of all taxes), including delivery costs, is indicated before final confirmation of the order form.
The full price must be paid at the time of placing the order.
ARTICLE 3. ONLINE ORDERING
Customers have the option of filling out a purchase order using an electronic form. By filling out the electronic form, customers accept the price and description of the products.
Customers must accept these General Terms and Conditions of Sale by clicking where indicated, in order for their order to be confirmed.
Customers must provide a valid email address and delivery address and shall acknowledge by accepting these General Terms and Conditions of Sale that any exchange with the seller may be performed using this address.
Customers must also choose the method of delivery and confirm the payment method.
The seller reserves the right to block a customer’s order in the event of non-payment, incorrect address or any other problem with the customer’s account, until the problem is solved.
ARTICLE 4. ORDER CONFIRMATION AND PAYMENT
The order entails a payment obligation, which means that placing the order requires the customer’s payment.
Customers make the payment at the time of the final confirmation of the order by specifying their credit card number.
Customers guarantee the seller that they have the necessary authorisations to use this payment method and acknowledge that the information given to this effect is proof of their consent to the sale as well as to the payment of the sums owed for the order.
In the event of dispute or fraudulent use of the credit card without physically using the credit card (using the credit card number), any person may dispute the payment within 70 days from the date of the transaction by submitting a claim as follows in order for the seller to assume the cost of the sale and return the disputed sum:
Any dispute not made in compliance with the rules defined above and within the time limit will not be taken into account and the seller will be cleared of any responsibility.
The seller has implemented a procedure for verifying orders and payment methods that is intended to reasonably protect it from any fraudulent use of a payment method, including by asking customers for identification data.
In the event of refusal of authorisation to pay by credit card on the part of the accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part for a previous order or with whom there is a payment dispute in progress.
Upon receipt of the confirmation of the purchase and payment by the customer, the seller shall send to the customer’s specified email address a confirmation of receipt of the purchase order and a copy of the contract to be printed.
The seller is obligated to send an invoice to the customer upon delivery.
Customers may request the invoice be sent to a different address than the delivery by sending a request to this effect to customer services (see details below) before delivery.
In the event that a product is unavailable, the seller shall inform the customer by email as soon as possible in order to cancel the order of this product and refund the associated price. The remainder of the order shall still be considered firm and definitive.
Customers may exercise their right of withdrawal at any time within 14 days from the moment at which the information concerning the unavailability of the product was sent to them.
For any questions regarding tracking an order, customers may contact customer services at the following address:
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of 13 March 2000, the online provision of the buyer’s credit card number and the final confirmation of the order are proof of the customer’s agreement, the payment of the amounts due under the purchase order, signature and express acceptance of all transactions carried out.
ARTICLE 6. PROOF OF TRANSACTION
Communications, orders and payments made between customers and the seller may be proven through computerised records stored on the seller’s computer systems under reasonable security conditions. Purchase orders and invoices are archived in a reliable and durable format that is considered in particular to be a means of evidence.
ARTICLE 7. PAYMENT METHOD
All payment methods available to customers are listed on the seller’s website. Customers guarantee to the seller that they have the necessary authorisation to use the payment method they select when placing an order.
ARTICLE 8. DELIVERY
Delivery is only made after confirmation of payment by the seller’s bank.
The products are delivered to the address specified by the customer on the online form that is taken as the purchase order; customers must ensure this is correct.
Any package returned to the seller due to an incorrect or incomplete delivery address will be redirected at the customer’s expense.
The personalised gloves are made in the USA.
The time between purchasing and receiving the product at the address specified at the time of the order is five weeks.
8.1 LATE DELIVERY AND TERMINATION
The seller shall inform customers in the event of delayed delivery. Customers may then terminate the contract and ask to be refunded within 14 days from this termination.
The cost of the product and shipping, or redirecting if required, is then refunded in full.
This termination of the contract must be addressed as follows:
Any termination not made in compliance with the rules defined above and within the time limit will not be taken into account and the seller will be cleared of any responsibility towards the customer.
8.2 ORDER CONFIRMATION
If, at the time of delivery, the original packaging is damaged, torn or opened, customers must then check the condition of the products. If they have been damaged, purchasers must refuse to accept the package and note their reservations on the delivery note.
Customers must indicate in writing on the delivery note any anomaly concerning the delivery.
The products are deemed to have been verified once the customer or a person authorised by the customer has signed the delivery note.
Customers must, if necessary, inform the seller of their reservations as follows:
Any reservation not noted in compliance with the rules defined above and within the time limit will not be taken into account and the seller will be cleared of any responsibility towards the customer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and inform the customer of this by email.
8.3 DELIVERY ERROR
In the event of a delivery error and/or non-conformity of the products with respect to the specifications on the order form, customers shall make a complaint to the seller on the same day as the delivery or at the latest on the first working day following the delivery.
The complaint may be made as follows:
Any complaint not made in compliance with the rules defined above and within the time limit will not be taken into account and the seller will be cleared of any responsibility towards the customer.
8.4 ORDER RETURNS
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging as follows:
Any complaint or return not made in compliance with the rules defined above and within the time limit will not be taken into account and the seller will be cleared of any responsibility towards the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The return costs shall be charged to the customer.
ARTICLE 9. PRODUCT GUARANTEE
The seller is responsible for the products’ conformity with the terms of the contract.
Customers may submit a request under the legal guarantee of conformity, in accordance with the provisions of Articles L211-4 of the French Consumer Code, or under the guarantee against defects in Articles 1641 et seq. of the French Civil Code.
9.1 GUARANTEE OF CONFORMITY
Customers have a period of 2 years from delivery of the product to apply the legal guarantee of conformity.
As such, they may choose between repair and replacement of the goods under the conditions set out in Article L211-9 of the French Consumer Code.
Customers are not obliged to prove the existence of a lack of conformity within the six months (24 months from 18 March 2016, except for second-hand goods) following the date of delivery of the product.
9.2 GUARANTEE AGAINST DEFECTS
If customers apply the guarantee against defects set out in Article 1641 et seq. of the French Civil Code, they may choose cancellation of the sale or a reduction in price, in accordance with Article 1644 of the French Civil Code.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REIMBURSEMENT
Customers will be informed by email in the event of an ordered product being unavailable.
Customers shall have the option of cancelling the order and thus have the option of a refund of the sums paid within 30 days of their payment at the latest, or a replacement product.
ARTICLE 11. RIGHT OF WITHDRAWAL
According to Article L121-21-8 of the French Consumer Code, customised gloves cannot be subject to a right of withdrawal and cannot be refunded.
ARTICLE 12. DATA PROTECTION
The seller shall retain evidence of the transaction, including the purchase order and the invoice, on its computer systems under reasonable security conditions.
The seller guarantees that its customers’ personal data will be protected.
The seller has made a declaration to this effect to the CNIL under the number 2057907.
Customers have the right to access, modify and delete the information collected, in particular by contacting customer services to this effect as follows:
email contact still to be created.
ARTICLE 13. FORCE MAJEURE
The parties shall be exempted from their obligations in the event that a circumstance constituting force majeure as defined by Article 1218 of the French Civil Code prevents their execution. The obligations of the parties shall be suspended.
The party invoking such a circumstance shall immediately notify the other party of its occurrence and elimination.
All compelling, unforeseeable and unavoidable facts and circumstances that cannot be prevented by the parties in spite of all reasonable efforts as defined under French law and, in particular, blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning and shutdown of telecommunication networks shall be considered to be cases of force majeure.
If the force majeure lasts more than three months, these General Terms and Conditions may be terminated by the injured party.
ARTICLE 14. PARTIAL INVALIDITY
If one or more provisions of these General Terms and Conditions of Sale were to be declared invalid through application of the law, a regulation or a final decision of a French court, the remaining provisions shall remain in force to their full extent.
ARTICLE 15. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France on a stable and long-term basis in order to carry out its activities effectively, and, as a legal person, regardless of where it has established its head office.
As such, these General Terms and Conditions of Sale are subject to French law, to the exclusion of the provisions of the Vienna Convention.
In the event of dispute or complaint, customers shall first contact the seller in order to reach an amicable solution.
If an amicable agreement cannot be reached, customers who entered into the contract as consumers may institute proceedings before the court of their choice, and those who entered into the contract as professionals may institute proceedings before the court at the location of the seller’s head office.
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