Article 1: Purpose and acceptance of the Terms and Conditions
The company COACHING 4.0 offers for sale sporting goods dedicated to running under the brand name “RunMotion Coach” (hereinafter referred to as “Products”).
These terms and conditions govern the sales of Products made by COACHING 4.0 on the website store.run-motion.com (hereinafter the “Site”) to any natural person acquiring the Products for foreign use to his professional activity, domiciled in metropolitan France or in countries for which delivery is provided by COACHING 4.0: the whole world with the exception of the countries prohibited by the OFAC (hereinafter the “Customer”).
When the Customer clicks on the “Order” or “Checkout with Paypal” icon to confirm his order for the Product (s) he / she has selected, he acknowledges having read these general conditions. of sale and accept them without reservation.
The Customer is therefore invited to read carefully the clauses below.
The Customer may not purchase any of the Products presented on the Site without having previously accepted these General Terms and Conditions of Sale.
For the purposes hereof, it is agreed that the Customer and COACHING 4.0 are collectively referred to as the “Parties” and individually referred to as the “Party”.
Article 2: Products
2.1 Essential Features and Presentation
The photographs or illustrations of the Products presented on the Site are non-contractual. Consequently, the responsibility of COACHING 4.0 can not be engaged in case of nonconformity between one of these photographs or illustrations and the Product.
COACHING 4.0 informs the Customer of the essential characteristics of the Products offered for sale, relating in particular to:
– the brand,
– the model,
– the references of the Product,
– the price,
– the technical characteristics,
– etc …
COACHING 4.0 invites the Customer to take note of these characteristics. However, COACHING 4.0 can not be responsible in case of modification of the characteristics of the Products by the suppliers.
COACHING 4.0 undertakes to deliver Products that comply with the laws and regulations in force, in accordance with national and European regulations.
COACHING 4.0 is committed to deliver online orders within the limits of available stocks.
The Products available are those appearing on the Site on the day of its consultation by the Customer, unless otherwise specified.
COACHING 4.0 reserves the right to discontinue the marketing of a product, without this calling into question orders already placed for said product.
In the absence of availability, COACHING 4.0 undertakes to inform the Customer as soon as possible by email. The Customer may cancel or modify his order.
In case of cancellation, the Customer will be refunded within a maximum of fourteen (14) days from receipt of the refund request if payment has already been made.
Article 3: Price
Prices are quoted in euros all taxes included, excluding transport costs or other rights and / or taxes related to the importation of Products in the country of the Customer that have not been identified by COACHING 4.0 or its sub processors when importing, which the Customer will do as appropriate
It is specified that the value added tax is the French VAT at the normal rate in force on the day of the validation of the order.
Should the VAT rate be changed, these changes may be reflected in the price of the Products.
Processing, delivery and packaging costs are charged extra. They are indicated on the summary of the order before the validation of the latter.
COACHING 4.0 reserves the right to modify the rates indicated on the Site at any time and without notice. The Products will be invoiced on the basis of the prices in force at the time of the validation of the order by the Customer.
Article 4: Customer Account
Orders are made online, directly on the Site.
During the first order, the Customer has the option to create a customer account: an identifier and a password must then be entered by the Customer.
In case of loss of his password, the Client enters his email address in the corresponding field and the system automatically sends him a reset link.
The information communicated by the Customer when creating the customer account commits it. In case of error, in particular in the wording of the addressee’s address, COACHING 4.0 can not be held responsible for the impossibility in which it could be to deliver the Products.
Article 5: Ordering
The Customer places his order from the Site and chooses the number of Products. Any order implies acceptance of the price corresponding to the ordered Product (s).
It also indicates his personal information, the delivery address, as well as the means of payment.
Once the order is completed, the Customer has the opportunity to check the Product (s) ordered, the number of products and the total price of his order in a summary. He may, if he wishes, modify his order or cancel it.
He validates his order by clicking on the “Order” button, he then declares to accept it as well as the entirety of the present General Conditions of Sale, without reserve. Finally, the Customer proceeds to the payment and receives an email summarizing his order.
As soon as the order is registered, an acknowledgment of receipt of the order is sent to the e-mail address it has provided.
This acknowledgment of receipt states:
– the number of the order,
– the essential characteristics of the Product,
– the quantity of Products,
– the amount invoiced, including transport costs,
– confirmation of payment,
– the terms and delivery address of the order,
– the coordinates of COACHING 4.0,
– information on after-sales service and commercial guarantees, if applicable,
– information on the terms and conditions of exercise of the right of withdrawal by the Customer.
This acknowledgment validates the transaction. The Customer agrees that the computerized registration systems of the order are worth proof of the purchase and its date.
Article 6: Payment and Retention of Ownership
The full payment is made at the time of the order, in the currency chosen by the customer.
Payment is made via PayPal or the Stripe payment tool.
In the case of a payment by credit card, the transaction is immediately debited on the credit card of the Customer after verification of the data thereof, upon receipt of the debit authorization from the company issuing the credit card used by the Customer.
In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his credit card, the Customer authorizes COACHING 4.0 to debit his credit card the amount corresponding to the price of the Products to which are added the delivery charges, all taxes included.
For this purpose, the Customer confirms that he is the holder of the credit card to be debited, that the name appearing on the credit card is actually his and that he has the necessary authorizations to proceed with the payment if necessary. The Customer communicates the sixteen digits and the expiry date of his credit card and, if applicable, the numbers of the visual cryptogram.
In case of fraudulent use of his credit card on the Site, the Customer is invited to contact COACHING 4.0 by email at the following address: email@example.com
In the case of payment of the order by Paypal, the Customer has a PayPal account between his email address linked to his PayPal account and his PayPal password. PayPal encrypts all the information that the Customer has provided when creating an account, no information other than the Customer’s email address being communicated to COACHING 4.0. Financial and personal information is encrypted automatically when all sensitive information is sent to PAYPAL servers.
In the case where the debit of the sums due by the Customer would be impossible, the sale would be immediately canceled by right and the order would be canceled.
A detailed invoice is sent by email to the Customer for each order. The invoice also remains available in the customer account.
The Products remain the property of COACHING 4.0 until receipt of all sums due by the Customer under the order, including fees and taxes.
Article 7: Securing Payments
The Site is subject to a security system: the SSL encryption process, reinforced with a set of scrambling and encryption processes to protect as effectively as possible all the sensitive data related to the means of payment.
Article 8: Delivery
The Products are delivered to the delivery address indicated by the Customer during the ordering process. It is up to the Customer to verify the completeness and the conformity of the information that it provides to COACHING 4.0, this last one being, in no case, responsible for possible errors of seizure and the consequences in terms of delay or error Delivery. In this context, all costs incurred for the return of the Products will be entirely the responsibility of the Customer.
All orders will be recorded and prepared within 2 business days after the order confirmation. COACHING 4.0 then commits to deliver the orders within a usual average of:
– 2 to 3 working days for Metropolitan France,
– 2 to 5 working days for Europe,
– 3 to 6 working days for any destination.
It is specified that the indicated delivery times are in working days, excluding Saturdays, Sundays and holidays, and correspond to the usual average delays including processing times, preparation and routing of the order. They run from the date of confirmation of the order by COACHING 4.0.
In case of exceeding the delivery date, the Customer has the possibility to obtain the resolution of the sales contract by sending a registered letter with acknowledgment of receipt to the following address: COACHING 4.0, 166 Chemin des Varons, 73370 Le Bourget-du-Lac, FRANCE, if, after enjoining COACHING 4.0 to make the delivery within a reasonable additional period, the latter did not execute within that period.
The contract is, if necessary, considered broken upon receipt by COACHING 4.0 of the letter, unless it has made the delivery in the meantime.
In case of resolution, the Customer is refunded, by any means of payment, the total amount paid, as soon as possible and no later than fourteen (14) days from the date of receipt of the letter by COACHING 4.0.
COACHING 4.0 can not be held responsible for the non-performance of the contract, especially in case of non-delivery, due to the Customer (wrong information of the delivery address), to an unforeseeable and irresistible event of a third party to the contract or a case of force majeure.
The amount of shipping costs depends on the geographical area of delivery and the amount of the order. It is specified in the “Delivery Information” section at the bottom of the page. In any case, the amount of the delivery costs is indicated to the Customer before the validation of the order.
COACHING 4.0 reserves the choice of the delivery method and the carrier, depending on the nature and weight of the Products ordered in particular.
Article 9: Receipt of Order and Product Compliance
At the time of receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to issue, if applicable, any reservation and claim on the delivery note of the carrier and to inform COACHING 4.0 by sending a copy of the reservations made to the carrier by e-mail within 7 working days following the date of delivery of the Products to the following address: firstname.lastname@example.org
The Customer must also formulate with COACHING 4.0 within 7 days of delivery, any complaint of delivery error and / or missing. Any complaint made after this time will be rejected without possibility of appeal.
The Customer is also required to verify the conformity of the Products received in execution of his order at the time of delivery. Any non-compliance or defect will have to be notified to COACHING 4.0 within the legal deadlines.
As such, it is recalled that COACHING 4.0ing 4.0 is bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the code of the consumption and that relating to the defects of the thing sold, under the conditions laid down in Articles 1641 to 1648 and 2232 of the Civil Code.
When acting as a legal guarantee of conformity, the Client:
– has a period of two years from delivery of the property to act;
– may choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– is exempted from reporting the proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, in which case he may choose between the resolution of the sale or a reduction of the selling price in accordance with the Article 1644 of the Civil Code.
Texts in force:
Article L217-4 of the Consumer Code
The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
– it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price, had he known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
In case of return for non-compliance or hidden defect, the Customer must make a request to COACHING 4.0 customer service, by email at the following address: email@example.com detailing the defect or the non-compliance found, in particular, the Customer will be asked to provide photos of the defect, the general condition of the shoe and the condition of the sole.
COACHING 4.0 will examine the Customer’s request and will, at the Customer’s option, proceed to the exchange or refund of the Product (s), shipping and return costs, if found justified.
No returns for non-compliance or hidden defects will be accepted without prior approval of COACHING 4.0.
Article 10: Right of withdrawal
In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the Products to exercise his right of withdrawal, without having to justify reasons or pay penalties, to the Customer. except for the return costs, by completing the standard withdrawal form available on the Site or by sending an email to the following email address: firstname.lastname@example.org. The Customer will then receive, without delay, an acknowledgment of receipt of his retraction by email.
Within fourteen (14) days following the transmission of the form or the email of retraction to COACHING 4.0, the Customer must return the Products to the following address: COACHING 4.0, 166 Chemin des Varons, 73370 Le-Bourget-Du-Lac, LA FRANCE. It is the responsibility of the Customer to keep the proof of deposit of the parcel which will be given to him by La Poste, the stamp of La Poste being proof of the date of return of the Product. The return is the responsibility of the Customer, in case of loss of the package, no refund can be made.
COACHING 4.0 undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction, the price of the Product as well as the delivery charges, on the basis of a standard delivery only, to the Customer. later on the day of the recovery of the Products or on the day the Customer provides proof of the dispatch of the Products, the date chosen being the date of the first of these facts.
The risks and return costs are the sole responsibility of the Customer.
The right of withdrawal can be exercised only for returned Products complete, in perfect condition, clean, in their original packaging, with the provision of a copy of the purchase invoice. Products returned incomplete, damaged, soiled, broken or damaged, for any reason whatsoever, will not be taken back.
The Customer is liable for the depreciation of the Product resulting from manipulations other than those necessary to establish its nature, its characteristics and its proper functioning.
In accordance with the provisions of the Consumer Code, the Customer can not exercise the right of withdrawal for Products made according to his own specifications or clearly personalized according to the wishes of the Customer.
Article 11: Liability
The responsibility of COACHING 4.0 can not be held liable for all the inconveniences or damages inherent to the use of the Internet network, in particular a break of the service, an impossibility to access the Site, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with French case law.
The Customer is solely responsible for any damage caused to the Customer or to a third party resulting from the misuse of the Products and the responsibility of COACHING 4.0 can not in any case be sought as such.
Article 12: Customer Service
For any information, question or complaint, COACHING 4.0 customer service is available to the Customer:
– by email: email@example.com,
– by post: COACHING 4.0, 166 Chemin des Varons, 73370 Le Bourget-Du-Lac, FRANCE.
Article 13: Personal data
The data collected and subsequently processed by COACHING 4.0 are those that the Customer voluntarily transmits via the form and concern, at least, the name and surname of the Customer, a delivery address, a valid e-mail address and a number of phone.
The data identified as mandatory within the form are required for order management, payment authentication and delivery of Products. They can be passed on to the companies involved in order fulfillment, management, execution, processing and payment. These data are stored and are kept for the period strictly necessary for the accomplishment of the purposes mentioned above.
In accordance with the Data Protection Act of January 6, 1978, known as the “Informatique et Libertés” law, amended by the law of August 6, 2004, the Customer is reminded of the right to access and rectify data apply to COACHING 4.0, indicating his last name, first name and e-mail address, by e-mail to the following address: firstname.lastname@example.org or by post to: COACHING 4.0, 166 Chemin des Varons, 73370 Bourget-Du-Lac, France.
He may also, for legitimate reasons, oppose the processing of data concerning him.
Customer agrees and acknowledges that it is responsible for maintaining the confidentiality of passwords associated with any account used to place orders on the Site. Accordingly, the Customer agrees to be the one and only responsible for the COACHING 4.0 business of any act done from his account.
If the Customer becomes aware of any unauthorized use of his password or account, he agrees to inform COACHING 4.0 without delay at the following address: email@example.com or by post to: COACHING 4.0, 166 Chemin des Varons, 73370 Bourget-Du-Lac, FRANCE.
Depending on the choices made during the creation or consultation of the account, the Customer will be likely to receive offers from the company COACHING 4.0. If the Customer changes his mind and no longer wishes to receive commercial offers, he may request them at any time by sending an email to the following address: firstname.lastname@example.org or by post to: COACHING 4.0, 166 Chemin des Varons, 73370 Bourget-Du-Lac, FRANCE.
Article 14: Force majeure
The responsibility of COACHING 4.0 can not be sought for any delay or breach of contract resulting from a case of force majeure, namely an event outside the parties, irresistible and unpredictable.
The execution of the obligations incumbent upon COACHING 4.0 will be suspended by the occurrence of an event constituting force majeure within the meaning of the jurisprudence of the French courts. In this case, COACHING 4.0 will inform the Customer as soon as possible of the duration of the event of force majeure and its foreseeable consequences.
Article 15: Non-Waiver
The fact for COACHING 4.0 not to avail itself at a given moment of any of the clauses of the present general conditions can not be worth renunciation to take advantage later of these same clauses.
Article 16: Modification
COACHING 4.0 reserves the right to modify the provisions of these general conditions of sale at any time, the Customer being bound by these modifications.
Orders will be governed by the version of the general conditions of sale in force on the day of placing the order by the Customer.
Article 17: Independence of clauses
In the event that one (or several) provision (s) of these general conditions of sale must be held invalid, the validity of the other stipulations can not be called into question unless they were inseparable from the invalidated provision.
Article 18: Applicable law – Disputes
The sales contract concluded between COACHING 4.0 and the Customer is subject to French law, the application of any international convention being excluded.
In case of dispute, the Customer is informed that he can resort to a consumer mediator, after the failure of a friendly settlement attempt directly with COACHING 4.0, in accordance with the provisions of the code of consumption.
The Client will find information on this subject on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
In the absence of mediation, the jurisdiction is that of the French courts, the competent court being appointed according to the rules of procedure in force in France at the time of the dispute.