Terms and Conditions of Sale (TCS) for orders placed on the website www.SportPerformanceSante.com
We would like to introduce to you below our Terms and Conditions of Sale, which aim to outline the terms under which Orléans Diffusion Europe processes orders placed on www.SportPerformanceSante.com
1. SCOPE AND DEFINITIONS
1.1. These General Terms and Conditions of Sale (the "TCS") apply to any sale of products ("Products") by the company Orléans Diffusion Europe SAS (Registration Number 341 824 084 RCS Orléans) ("Seller") to any non-professional buyer purchasing the Products for personal use and referred to as "Consumer" as defined in the preliminary article of the Consumer Code ("Customer") through the website www.SportPerformanceSante.com ("Site").
By placing an order, you confirm that you are acting exclusively for private purposes.
1.2. The TCS complement the legal notices and privacy policy of the Seller, also available on the Site.
2. ORDERS
2.1. Prior to submitting the order, the Customer acknowledges having read the TCS by clicking on the "I accept the terms and conditions and privacy policy" link. Consequently, any order placed through the Site implies the Customer's unconditional acceptance of these TCS.
2.2 The Seller confirms acceptance of the order to the Customer by sending a confirmation email to the address provided by the Customer. The Seller reserves the right to refuse or cancel, in whole or in part, any order from a Customer who has not paid a previous order or in case of unavailability of one or more Products. In such cases, the Customer is immediately notified by email.
Please note that we are exempt from delivering the ordered goods if we have properly placed an order for the goods but have not been supplied in a timely manner by our suppliers. The order is canceled, and a refund is issued.
2.3 The Customer certifies the accuracy and completeness of the data and information provided during the order. In the event of an error or omission in this information, such as delivery details, the Seller cannot be held responsible for any inability to deliver the Products.
2.4. We reserve the right to not accept an order or to cancel an order if it was placed using software, a robot, a web crawler-type scraper, or any other automated system placing an order on behalf of the Customer.
3. PRICES
3.1. The prices of the Products are those listed on the Site on the day of the order. They are expressed in euros, inclusive of all taxes (VAT). They will be increased by the applicable shipping costs, as indicated in Article 5.3 and summarized before online payment.
3.2. The seller reserves the right to modify prices at any time but undertakes to apply the prices in effect at the time of order validation by the Customer.
4. PAYMENT TERMS
4.1. Payment for orders is made at the time of ordering by credit card. The Seller takes all necessary measures to ensure the confidentiality and security of data transmitted on the Site. The transaction is conducted and secured through the Crédit Agricole solution using a secure payment module such as SSL (Secure Socket Layer) as well as cardholder identification mode, 3D Secure. Confidential data (16-digit credit card number along with the expiration date and CVV code) is directly transmitted encrypted to the bank's server without passing through physical servers of the Site. The payment process is fully secure.
4.2. The customer's validated order will only be considered effective once approval is received from the relevant banking payment centers. In case of refusal by these centers, the order will be automatically canceled, and the Customer will be notified via email.
4.3. We accept the following payment methods: credit card, bank transfer, and secure PayPal payment system. Depending on each order, we reserve the right to not offer certain payment methods or to propose others. All payment-related fees are borne by the Customer.
4.4. The Customer agrees to receive invoices and credit notes exclusively in electronic form..
5. DELIVERY
5.1. The Products can be delivered to the delivery address provided by the Customer during the order placement.
5.2. Shipments are made within a period of (2) business days for the territory of Metropolitan France (excluding Corsica), starting from the acceptance of the order by the Seller, confirmed by sending a confirmation email to the Customer.
5.3. For deliveries within Metropolitan France, any order below 95€ all taxes included (VAT) will incur a fixed charge for shipping and packaging of 12€ VAT included for home delivery and 9€ VAT included for delivery to a PickUp relay point. Orders with a total above 95€ VAT included will be "free shipping" for deliveries within Metropolitan France, excluding express delivery fees.
Shipping fees for deliveries outside Metropolitan France will be calculated based on the delivery destination and billed additionally to the customer.
The total price of the Products and shipping fees is displayed on the Site before online payment by the Customer. Costs are invoiced and collected by the Seller.
5.4. Upon delivery, the Customer is required to immediately check if the delivery is complete and if the merchandise is undamaged. Any claims must be addressed promptly to the transport company.
The Customer must also ensure that the delivered products are in accordance with their order. In case of non-compliance, the Customer must contact our customer relations service by phone, chat, or through our contact form. The Customer has a period of thirty (30) days from the expected delivery date to notify the Seller. Claims beyond this period will not be accepted.
6. WITHDRAWAL PERIOD
6.1. In accordance with articles L. 121-21 and following of the Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the receipt of the Products to return any Product that does not meet their expectations and request an exchange or refund without penalties, except for the return costs. When the withdrawal period expires on a Saturday, Sunday, or public holiday in France, it is extended to the next working day.
6.2. The exercise of the right of withdrawal and return of the Products can be done by contacting our customer relations service through our contact form or by mail (Orléans Diffusion Europe - Action Sports - Parc d'Activités des Châtelliers Nord - 545, rue Léonard de Vinci 45400 SEMOY). The seller will refund the Customer the price of the Product and the total amount paid (including delivery costs), without undue delay and at the latest within fourteen (14) days from the date on which the Seller is informed of the Customer's decision to withdraw, by crediting the account of the debit card used for the purchase. The Products must not have been used, opened, or damaged.
6.3.The amounts owed will automatically be increased by the legal interest rate if the refund is made no later than ten days after the expiration of the deadlines set out in the first two paragraphs, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days, and by an additional five points for each additional month of delay up to the price of the Products, then at the legal interest rate.
6.4.The return of the Products will only be accepted by the Seller if they are in their original condition. The products must be returned in good condition, in their original packaging which must be complete and intact, in perfect resale condition, and accompanied by all potential accessories, user manuals, warranties, and documentation, as well as a copy of the purchase invoice. Products returned incomplete, damaged, or soiled by the Customer will not be refunded or exchanged.
7. USE OF DISCOUNT VOUCHERS / PROMO CODES
7.1. Discount vouchers are distributed free of charge as part of promotional campaigns. They have an expiration date, cannot be purchased, and are non-transferable.
7.2. Discount coupons and promo codes are valid only during the indicated period and can be used for a single order. Certain products may be excluded from promotional offers. A discount coupon cannot be used to purchase gift vouchers. A minimum purchase amount may be specified for each discount coupon.
7.3. To use a discount voucher, the order value must be at least equal to the value of the discount. The difference between the discount voucher amount and the order price can be settled using any payment method offered on the Site. The credit represented by the discount voucher is non-refundable and does not accrue interest. In the case of a total or partial return of goods, the portion of the price paid using a discount voucher will not be refunded.
7.4. To apply a discount voucher to an order, the Customer must enter the voucher code before order confirmation. Applying a discount voucher to an already confirmed order is not possible. Except for specific conditions, it is not possible to combine multiple discount vouchers.
7.5. In the event of using a discount voucher for an order, the Seller reserves the right to charge the undiscounted price of the merchandise in the case of a partial withdrawal, if the total remaining order amount is less than or equal to the value of the discount voucher.
8. USE OF GIFT VOUCHERS AND GIFT CARDS
8.1. Gift vouchers or gift cards are discount vouchers that you can purchase and can be used solely for the purchase of items on www.sportperformancesante.com.com. The purchase of other gift vouchers or gift cards is not allowed.
8.2. To use the credit corresponding to the gift voucher or gift card, the Customer must enter the code during the order confirmation. The credit represented by the gift voucher or gift card cannot accrue interest and is non-refundable.
9.WARRANTY - LIABILITY
9.1. Warranty for Hidden Defects - The Customer benefits from the legal warranty for hidden defects as defined in Articles 1641 and following of the Civil Code.
9.2. Warranty of Conformity - The Seller is bound by the legal warranty of conformity as provided in Articles L.211-4 and following of the Consumer Code.
9.3. The Seller guarantees that the Products have been manufactured in accordance with industry standards and comply with the regulations in force in France. The Seller also guarantees that the Products sold in accordance with these TCS will correspond in terms of quality and description as presented on the Site.
9.4. If the Products are part of the range of cosmetic products and medical devices, they in no way can be considered pharmaceutical products or medications, even if their presentation might suggest such qualification. Their placement on the market is not subject to obtaining prior authorization in France. This warranty will only apply provided the Customer stores and uses the Products in accordance with the storage and usage conditions, as well as the precautions for use mentioned in the instructions provided with the Products or any other instructions from the Seller.
9.5.Information and Materiovigilance - The Customer undertakes to immediately inform the Seller of any malfunction or alteration of the characteristics and/or performance of a Product, as well as any inadequacy of labeling or instruction leaflets that they notice. The Customer also agrees to immediately inform the Seller of any adverse effects caused by a Product, regardless of the nature of the effect.
9.6. Liability - The Seller commits to the proper execution of the obligations arising from the sale of Products. The Seller can exempt itself from all or part of its liability by providing evidence that the non-performance or improper performance of the contract is attributable either to the Customer (especially in case of misuse of the Product), or to the unforeseeable and insurmountable actions of a third party to the contract, or to a force majeure event under the conditions of Article 7.9.
9.7. The Seller's liability cannot be engaged for any inconveniences or damages inherent to the use of the Internet network and completely external to the diligence and precautions taken by the Seller. In particular, any disruptions in the provision of the service or any external intrusion or presence of computer viruses cannot hold the Seller liable.
9.8. Force Majeure - The Seller cannot be held responsible in case of force majeure, including export restrictions, authorities' refusal to issue an export license, war, blockade, embargo, insurrection, mobilization, government directives, withdrawal or suspension of a marketing authorization, or any other regulatory or administrative decision by a supervisory authority, strike (including Customer personnel strike), prolonged power outage, epidemics, quarantine, fire, flood, extreme weather events, total or partial destruction affecting the Seller's activities. In the event of the occurrence of any of these events, the Customer will be required to accept reasonable shipping or delivery delays or to accept the complete or partial cancellation, as applicable, of their order, without being able to claim compensation for any reason whatsoever.
10. INTELLECTUAL PROPERTY
10.1. The Seller's trademarks, as well as all figurative or non-figurative trademarks, and more generally all other trademarks, illustrations, images, and logos appearing on the Products and/or on sales support tools (such as catalogs, brochures, posters, displays, and testers), their accessories and packaging, whether registered or not, are and shall remain the property of the Seller or third parties who have granted permission to the Seller for their use in the sale of the Products.
10.2. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without prior agreement from the Seller or the relevant third parties, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo, or more generally any distinctive sign intended to create a composite logo. The same applies to any copyright, design, model, and patent which are the property of the Seller or third parties.
11. APPLICABLE LAW AND JURISDICTION
11.1. These TCS are exclusively governed by French law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 1980.
11.2. In the event of a complaint by the Customer, the parties will attempt to reach an amicable solution. Failing that, and in the event of a dispute, the competent courts shall be those of the place where the defendant resides or the place of actual delivery of the Products, or in the case of a claim by the Customer, the place where they were residing at the time of placing the order.