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dakar terms and conditions of sale
The present terms and conditions govern sales:
Between
MADE IN SPORT, 98 rue de
AND
Anyone visiting or purchasing from the Made In Sport website hereafter called "the Customer".
The present conditions govern the sale of any product displayed by the company Made In Sport on the website.
Both contracting parties agree that their relations will be exclusively governed by this contract, to the exclusion of all other conditions.
The items are only offered for sale to non-commercial individuals. They are agreed on a personal basis and therefore can’t be subject to any transfer of any kind.
Any order duly confirmed on the Made In Sport website implies total acceptance with no exceptions to the present terms and conditions of sale and, subsequently, to any particular or specific conditions related to one or more products or orders.
1. PURPOSE The aim of the present conditions is to define the respective contracting parties’ obligations as well as the various stages of the ordering process.
2. PRODUCTS
2.1 Made In Sport is a website designed to sell clothes, shoes and accessories related to sport. The items displayed on the website are available until no stock remains. Made In Sport does not guarantee, in any case, the availability of any product for sale for any given period. Therefore, any customer’s complaint concerning the order or delivery of an unavailable item will be regarded as unfounded.
If a product becomes unavailable after an order has been placed and accepted, Made In Sport is committed not to charge the customer’s account with the provided bank details or cash the sent cheque. In case payment has already been debited or cashed, Made In Sport is committed to refund the customer within 10 days the order amount for any payment by card. For payments made by cheque, the refund will be carried out via bank transfer within 10 days following the reception of the customer’s bank details. In all cases, Made In Sport is committed to inform by email any customer who has ordered an unavailable product.
2.2 - All products offered for sale are described and presented as accurately as possible. However, if there is an error or information is omitted, Made In Sport will not be held accountable. Product photographs and descriptive text are not part of the contract.
3. PRICES
3.1 – For EU orders the price will be charged in Euros, for orders outside of the EU the price will be charged in US dollars.
3.2 – French VAT rate is charged on all products. Changes in prices can occur without the customer being notified due to variations in the VAT rate. For deliveries to the overseas territories and to countries outside the European Union, VAT will be deducted from the prices billed, but customs charges will be collected on delivery.
3.3 - Delivery will be on average carried out within 3 to 5 days from the date of reception of the order, unless unforeseen circumstances occur which could delay the delivery independently of the will and diligences of Made In Sport
3.4 – Delivery prices are as follow: Metropolitan France, Corsica and
4. ORDER
4.1 - Customers interested in any article displayed on Made In Sport website will have to follow the following steps to place an order. After clicking on the icon "Add to cart" and after having checked all the details of the order (colour, quantity, price, etc), the customer must validate the order by proceeding to the checkout. New customers will be required to enter their details (which will be filled in automatically on subsequent visits) with the following mandatory information: title, name, first name, complete delivery address, e-mail and telephone number. If gift wrapping is required then the allocated box needs to be ticked and the desired message filled in. The delivery address can differ from the billing address. To insert a different delivery address the box provided needs to be ticked revealing a form which needs to be filled in. When the customer clicks on the button "next step", the order summary will appear displaying all information related to the order. If the customer has a special offer code this needs to be inserted in the field provided on the order summary page.
4.2 – Terms of Payment: Payment options are as follows: by card on the website, by telephone or by fax or by bank or postal cheque. After confirming the method of payment and proceeding to payment, the customer will definitively and irrevocably confirm the order with the following conditions. When processing a bank card payment on the website, the Customer confirms their address, the purchased item and the total price. Bank details must be provided with an expiry date. The order will be completed once the customer has confirmed payment. This confirmation acts as an irrevocable contract between both parties. Telephone orders: Customers wishing to order by telephone must contact customer services on: +33 1 70 46 74 46 and provide order and bank card details to the operator. On supplying this information the customer is confirming the sale between the contracting parties. Order by cheque: After printing the purchase order finalising the purchase, the customer must send the printed copy to MADE IN SPORT/B2S, LP 176, 59306 cedex Valencians. Reception of the purchase order together with the cheque will be considered an irrevocable contract between both parties.
4.3 - Whatever mode of payment the customer has chosen, Made In Sport will send an e-mail or other suitable correspondence, to confirm reception of the order in accordance with the provisions of the Article L121-19 of the Consumer Code.
5. PAYMENT SECURITY
5.1 - In order to ensure the security of all payments, Made In Sport website uses the services of protected payment Cybermut provided by Crédit Mutuel and SIPS provided by ATOS. These services comply with the SSL safety requirements. The confidential data (16 digit bank card number and expiry date) will be directly transmitted to the SIPS server without passing through Made In Sport server.
5.2 - When bank details have been validated the online payment protected handler will send a request for authorisation to the bank card network. The online payment handler will then issue an electronic certificate.
6. GUARANTEES
6.1 - All items presented on the Made In Sport website can either be exchanged or refunded, except for personalised items. The customer can request an exchange or withdrawal within 15 days after the date or receiving the items.
6.2 – Items must be returned within the specified period in their original packaging with the returns form to the following address: MADE IN SPORT B2S LP 176 59306 cedex Valencians. Any item returned damaged which the customer did not signal on reception of the items, will not be accepted.
7. SIGNATURE AND PROOF
7.1 - For any bank card payment made on the Made In Sport website, the electronic certificate issued by the online payment handler as well as the electronic storage facilities set up by Made In Sport will be considered proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 and the Civil Code. The date and hour of the server will act as a contract between the two parties.
7.2 - The confirmation of the order is equal to a signature and acceptance of all operations carried out on the website, whether the payment has been made by card directly on the website, by telephone or by cheque.
7.3 - The payment due date, depending on the type and mode of payment, is mentioned in Article 4.2.
8. IDENTIFICATION
8.1 – To simplify the customer identification process, the Customer authorizes Made In Sport to place a “cookie” on their computer for this use only. Any customer who does not accept the “cookie” on their computer will be obliged to fill in their details every time they wish to place an order.
9. RESPONSIBILITY
9.1 - Made In Sport is only responsible for providing the means to access all the parts of the website – consulting or filling in forms, placing an order, delivery of items or any other service.
9.2 – Made In Sport will not be held responsible for any damage or problems encountered through internet use including any disturbance in the supply of the service, external intrusion or presence of virus.
9.3 –In any case, any precedent case of the Supreme Court will exonerate completely Made In Sport of any responsibility.
10. PERSONAL DATA
10.1 - For business purposes, Made In Sport has the right to collect personal data concerning website users via the "cookie" mentioned in article 8. Made In Sport website is registered at the NCITCL under the reference 717965.
10.2 - Made In Sport reserves the right to commercially sell the collected data on its website.
10.3 - In all cases, and in accordance with the law n°78-17 of January 06, 1978, any website user or customer can refuse the commercial use of the aforesaid data and furthermore has the right to access, correct and delete the data related to them. All requests concerning the present article will have to be sent by electronic mail by clicking here. Made In Sport is situated at the address mentioned at the beginning of this present document.
12 INTELLECTUAL PROPERTY AND COMPETITION
12.1 All elements on Made In Sport website, being visual or audio, as well as any associated technology, are protected by copyright, trademark or certificates and are subsequently the exclusive property of Made In Sport
12.2 – Any user who wishes to place a direct link to Made In Sport homepage or website on their personal website, for personal use, is required to request Made In Sport authorization beforehand. In this instance, it will not be considered as an affiliation. Any hypertext link to the Made In Sport homepage website, using framing, deep linking, in-line linking techniques or any other type of deep linking technique is completely forbidden. All links even if tacitly authorised must be removed at the request of Made In Sport
13 Whole CONTRACT
13.1 - The present conditions concluded between Made In Sport and the customer, represent all obligations of the contracting parties. No other guidelines or documents can generate obligations for either party unless an additional clause has been signed by both parties. No correspondence prior to the signature of this contract can generate obligations concerning the aforesaid contract.
13.2 - If a condition is found to have been omitted, it would be governed by the procedures in place for the sales sector.
14 ACCEPTANCE OR RENOUNCEMENT
14.1 - It is officially agreed between Made In Sport and the customer that any acceptance or renouncement in the application of all or part of the commitments set forth in these present conditions by either of the contracting parties, cannot be considered a modification of this agreement, nor generate any unspecified right.
14.2 - No delay, inaction, abstention or omission from the customers exercising any of their rights under the present agreement will affect the mentioned right, nor will it be regarded as a renouncement to their rights.
15 NON PARTIAL VALIDITY If a particular stipulation of these conditions is considered invalid or declared as such by any Authority of the related jurisdiction, then all other stipulations will retain their power.
16 DISAGREEMENTS
16.1 - The language of these general conditions of sale is English translated from the French terms and conditions. In case of dispute the French version will be upheld as correct.
16.2 - Each contracting party is able to initiate a procedure with jurisdiction being given to the
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