GENERAL CONDITIONS OF SALE
VBKAM is a SAS with capital of € 1,735, whose head office is located at 1029 rue de la Ronce 76230 ISNEAUVILLE and registered with the RCS of ROUEN under the number 810 857 474, NAF code 4791B, Intracommunity VAT Its contact details are as follows: tel: tel: 02 78 77 56 04 - Email: [email protected]
ARTICLE 1 - Scope and object
These General Conditions of Sale (hereinafter "GTC") apply to all offers and contracts for the sale and delivery of products by the company VBKAM (hereinafter "the SELLER") concluded from buyers (hereinafter "the CLIENT"), wishing to acquire the products offered for sale. They define the rights and obligations of the parties in connection with the sale of the products and Services offered and in particular specify the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
The CUSTOMER is required to take note of it before placing an order. The choice and purchase of a Product is the sole responsibility of the CUSTOMER.
The SELLER takes the greatest care in putting on line the characteristics of the products thanks to the photographs, the technical sheets, and the recommendations for use etc ... THE SELLER reserves the right to adapt or modify its general conditions of sale to any time. The modifications made are opposable as of their posting. The validation of the order by the CUSTOMER implies unreserved acceptance of these GTC. The CLIENT declares to have read it and accepted the rights and obligations relating thereto.
ARTICLE 2 Products
The company VBKAM manufactures and markets Products under the registered trademark TIBTOP.
2.1 Types of products
The SELLER offers different types of Products : Elastic supports Tibtop® Shin pads Tibtop® Connected shin pads Tibtop®. The classic shin pads delivered to the CUSTOMER have the following characteristics: of unique shape, sold in pairs with a storage bag are sold in one size, positioned on both shins identically, without right / left direction of use , adapt to all body types, can be worn and used from the age of 6 (under the supervision of an adult for connected shin pads). Supplied with instructions for use and maintenance
The pack of connected shin guards delivered to the CUSTOMER contains: 2 shin pads, one of which is connected containing the electronics, 1 pair of black Tibtop supports, 1 storage bag, 1 USB-C type cable for charging the battery of the connected shin pad, 1 user and maintenance manual, 1 connected product registration card to keep (unique product identification).
2.2 Personalized products and personal creations
The SELLER offers the CUSTOMER the possibility of purchasing personalized Products in order to make them unique. Personalization is carried out using different techniques depending on the product concerned (adhesive marking with digital printing, screen printing or flocking). In this context, the CUSTOMER is invited to provide the information requested to proceed with the personalization of the TIBTOP products of his choice. The personalization of the product relates in particular to: Adding text (name, number, etc.) Adding an image (photo / logo, etc.) Adding shapes Changing the background The SELLER draws the CUSTOMER's attention to the fact that minor differences are likely to be found, due to the quality of the pictures and information provided during customization. The CUSTOMER is fully responsible for the information, content, images, etc. provided during the Product personalization operations. No verification of the accuracy of the content of the data transmitted by the CUSTOMER is carried out by the SELLER, who does not intend to assume any responsibility for the errors resulting therefrom. The CUSTOMER agrees not to transmit any data whose content is likely to infringe the rights of third parties (in particular copyrights, name rights, trademarks) or infringe existing laws and regulations. The CUSTOMER expressly releases the company VBKAM from all rights of third parties claimed in this context and guarantees it against any recourse for claims and claims of any kind that a third party may file for the fraudulent use of data. This also concerns all the financial consequences and the costs of the legal representation required in this context.
2.3 The TIBTOP-CONNECT mobile application
The SELLER makes available to the CUSTOMER who has purchased Tibtop® connected shin pads an Application Solution allowing to analyze sports sessions, make comparisons, manage the results of the user player. The Tibtop-connect solution is accessible on the following terminals via the internet: terminal, tablet, smartphone.
ARTICLE 3 - Terms of the order on the websites
3.1 Registration on the website
Any ordering on the website requires prior registration by the CUSTOMER in order to create a customer account. To register, the CUSTOMER must click on the "connect" tab then "You do not have an account" and complete the form presented to him. When registering, the CUSTOMER provides the information useful for the proper execution of the order: in particular his address, a valid email address, his name, his telephone number, and a password. The CUSTOMER undertakes to provide accurate and reliable information. THE SELLER cannot be held responsible in the event that the information provided turns out to be false or incomplete. Once his registration has been validated on the Website, the SELLER sends an email to the CUSTOMER to confirm his registration on the Site. Access to the store is conditioned by the identification of the CUSTOMER using the e-mail address indicated when creating the account as well as the personal secret password chosen. The SELLER draws your attention to the need not to communicate usernames and passwords to third parties. The CLIENT acknowledges having full responsibility for maintaining the confidentiality of his access codes. THE SELLER cannot be held responsible for any action carried out via or on the customer area by a third party or following a fault of negligence attributable to the CUSTOMER. The Internet user / CUSTOMER is informed that if there is no order for more than 12 months, the customer account created will be automatically deleted. He will therefore have to register again.
3.2 Ordering on the websites
The ordering is confirmed by the "double click" technique: After having selected one or more products, and having added them to the basket, it is up to the CUSTOMER to check the contents of his "basket" (in particular, description of the product (s) chosen, personalization elements of the product (s), quantity, price, transport and delivery costs, terms, etc.), to make any modifications deemed useful before validating it. An order summary is then presented to him containing the information relating to the product (s) added to the basket, and the terms and choice of delivery. The CUSTOMER fills in the information necessary for the delivery of the products. The CUSTOMER must click on the button “FINISH YOUR ORDER AND PAY”. He will then be asked to provide the information necessary to pay for his order. By clicking on the "BUY" button, the CUSTOMER acknowledges that the order is subject to a payment obligation. He fully and unreservedly accepts all of these GTCS. The order is definitively validated by payment. It will only be final after full payment of the corresponding price.
3.3 Order confirmation
THE SELLER will acknowledge receipt of your order and will send you a confirmation e-mail with the summary of your order, subject to the customer providing a valid e-mail address.
3.4 Invalidated Order
THE SELLER reserves the right to invalidate the order for any legitimate reason, in particular in the event of: Non-compliance with the obligations arising from the general conditions of sale, Use of Images or content that infringe the rights of third parties, Use of images corrupt, technically inadequate, bad faith, fraud or attempted fraud, anti-competitive practice, Payment incident, Dispute relating to a previous order, Insolvency or overdue invoice, abnormally high or unusual quantities for the CUSTOMER. In addition, in the event of such actions, the SELLER reserves the right to suspend access to the merchant site and terminate the CLIENT's account, without prejudice to any damages that he may be entitled to claim.
3.5 Product availability
Product offers are subject to the limits of available stocks. In the event of total or partial unavailability, the SELLER undertakes to inform the CUSTOMER by email as soon as possible either of the delivery of a partial order or of the cancellation of the order. In case of unavailability of the product, the CUSTOMER will be refunded the price of the product within 14 days of his request.
ARTICLE 4 Prices
The products are sold at the price listed on the site when the order is placed. For consumers, prices are expressed in Euros, US Dollars or Canadian Dollars “All Taxes Included” (TTC for Europe, taxes excluded for the rest of the world), excluding delivery costs. These prices take into account the VAT in force on the day of the order. Transport and delivery costs are indicated when ordering and are to be added to the price of the product (s) ordered. They are indicated to the CUSTOMER before validation of the order and its payment. The CLIENT is responsible for the telecommunications costs inherent in accessing the website. VBKAM remains the owner of the products sent until they have been paid in full.
ARTICLE 5 Payment terms
The price is payable in full on the day the CUSTOMER places the order online, by secure payment via the electronic payment module offered, either by starting the Customer's account or by bank card. The list of accepted payment methods is notified to the CUSTOMER during the payment process. The CUSTOMER provides the sixteen digits and the expiration date of his payment card as well as the numbers of the visual cryptogram. The order is final after confirmation of the banking agreement. Otherwise, the order will be automatically canceled. The CUSTOMER guarantees that he is fully authorized to use the means of payment for the payment of his order and that this means of payment provides access to sufficient funds to cover all costs resulting from the order. The order or commitment to pay given by means of a payment card is irrevocable. The SELLER implements the necessary means to ensure the security of his Site. For the security of transactions, THE SELLER uses the online payment systems PAYPAL, STRIPE, SYSTEMPAY developed by CAISSE D’EPARGNE, or Axepta from BNP. During payment, the CUSTOMER is automatically redirected to the secure transaction server. Payment data is collected, recorded and secured by the SELLER's partners subject to the security standard called "PCI-DSS" (Payment Card Industry Data Security Standard). The SELLER and its partners do not keep the bank data of CUSTOMERS at the end of the transactions. The purchase invoice is sent to the CUSTOMER by email or accessible on his personal space.
ARTICLE 6 - delivery of products
The delivery costs are those in effect on the day of the order transmission, as they appear on the prices applicable on that date. The products ordered are delivered to the delivery address indicated during the ordering process by the CUSTOMER. THE SELLER undertakes to make his best efforts to deliver the products ordered by the CUSTOMER within the estimated deadlines specified when placing the order. However, these deadlines are communicated for information only. If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be canceled at the CUSTOMER's written request within conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the CUSTOMER will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding. Upon delivery, it is the CUSTOMER's responsibility to ensure the status of the order (compliance, number, packaging and product). The CUSTOMER may make the reservations and complaints he deems necessary, or even refuse the package, when there is damage to the Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow the date of Delivery of the Goods. The CUSTOMER must also send a copy of this letter to the SELLER for his full information. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with the provisions of Article L. 133-3 of the Commercial Code. The warranty will not cover products or services damaged in transit.
Article 7 - Exercise of the right of withdrawal
7.1 Non-personalized products
In accordance with the legal provisions in force, the CUSTOMER has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the SELLER, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Product is returned: in its original packaging, complete (in pairs), properly protected, accompanied by all labels, accessories, instructions and documentation, in perfect condition for resale and allowing their put back on the market in new condition, undamaged, damaged or soiled. Accompanied by the sales invoice for the sake of identification of the purchaser, without the Product having been used. Within 14 days of the communication of the withdrawal decision following notification to the SELLER of the CUSTOMER's withdrawal decision. The right of withdrawal can be exercised by mail to the Customer Service of the company VBKAM either by attaching the withdrawal form available on the website and then completed or directly in writing, unambiguous, expressing your desire to withdraw. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased will be reimbursed; the return costs remaining the responsibility of the CUSTOMER. The exchange (subject to availability) or the refund will be made within a maximum period of 14 days from the receipt by the SELLER of the products returned by the CUSTOMER under the conditions provided for in this article.
7.2 Customized products
In accordance with legal provisions, the right of withdrawal does not apply to products which have been the subject of a request for customization and whose manufacture required special adaptations to meet the aesthetic requirements of the CUSTOMER.
ARTICLE 8 - Guarantees
The Products sold comply with the regulations in force in France and in Europe. The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
8.1 Compliance
Pursuant to the provisions of Articles L217-4 et seq. Of the Consumer Code, of the legal guarantee of conformity, for Products apparently defective, spoiled or damaged or not corresponding to the order, the delivery obligation imposes on the seller to deliver to the buyer something that conforms, that is to say the characteristics of which are exactly those provided for in the contract. To meet the obligation of compliant delivery, the seller must deliver to the buyer something of the same nature, quality and quantity as that provided for in the contract. It is recalled that within the framework of the legal guarantee of conformity, and subject to the provisions of Article 217-8 et seq. Of the Consumer Code, the Customer benefits from a period of two years from the issuance of the well to act against the Seller; may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of the Product. The warranty applies to the original customer of the shin guards. There is no transfer of warranty in case of resale of the product.
8.2 Hidden defects
Pursuant to the provisions of articles 1641 of the Civil Code et seq. Of the Civil Code of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use, in the conditions and according to the modalities referred to in the box below. The Customer may decide to implement the warranty against hidden defects of the Product in accordance with article 1641 of the Civil Code within two years from discovery of the defect and within the limit of 5 years from delivery of the Product. . It is the Buyer's responsibility to prove that the defect existed before delivery of the Product and was not apparent at the time of delivery; in this case, he can choose between the resolution of the sale resulting in the reimbursement of the totality of the product returned to the SELLER or the retention of the product accompanied by a reduction of the sale price in accordance with 1644 of the Civil Code. The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products. Commercial warranty granted on shin guards The shin guards benefit from a contractual guarantee granted by the SELLER from the date of delivery as follows: 1 year on the elements of the shell and the foam of the shin guard subject to reservation use and maintenance in accordance with the SELLER's recommendations 2 years on the electronics integrated in the connected shin guard Any warranty is excluded in the event of misuse, neglect or lack of maintenance
from the CUSTOMER as in the event of normal wear of the Product or force majeure. The replacement of the defective Products or elements will not have the effect of extending the duration of the guarantee fixed above. Depending on the problem encountered, the SELLER will replace or have repaired the Product or parts under warranty deemed to be defective. <Implementation of guarantees For any request concerning guarantees, the CUSTOMER must contact the SELLER's Customer Service by email [email protected] The CUSTOMER is informed that the indicative timeframe for processing after-sales service requests is two weeks from receipt of the product concerned. In the event of non-conformity of the order attributable to the SELLER (quality with the specifications and number of products), or of hidden defect, the CUSTOMER immediately notifies the SELLER by email, setting out the difficulties encountered. He then returns the product (s) by post to the address indicated on the prepaid return label provided by the SELLER, in compliance with the following instructions: In the event of non-compliance, the CUSTOMER contact customer service by sending an email or phone. If the non-conformity is proven, the product concerned must be returned: in its original packaging, properly protected, accompanied by all labels, instructions and documentation, in a perfect state of resale, not damaged, not damaged or soiled . Accompanied by the sales invoice for the sake of identification of the buyer. Without the Product having been used It is up to the CUSTOMER to contact customer service by email or telephone. It is up to the CUSTOMER to prove that the defect existed before delivery of the product and was not apparent at the time of delivery, by means of an expertise for example. The warranty does not cover apparent defects. In case of activation of the commercial guarantee, the CUSTOMER contacts customer service by email or telephone to explain the nature of the problems encountered. Otherwise, no complaint will be accepted. In the event of a valid complaint, and depending on the guarantee granted, the SELLER returns the replacement order or reimburses the CUSTOMER as desired.
8.3 Exclusions of guarantees
The guarantee cannot intervene if the Product has been subjected to abnormal use, or has been used under conditions different from those for which it was manufactured, in particular in the event of non-compliance with the conditions of use and maintenance prescribed in the instructions. The warranty does not apply for apparent defects. It does not apply either to the case of normal wear and tear of the Product or of deterioration or accident resulting from lack of supervision or maintenance, improper use, negligence or in the event of transformation of the Product or damage during transportation.
ARTICLE 9 - Advice on use and maintenance
The Seller takes care to indicate on its site, and during each shipment using the instructions, the composition, use and maintenance advice for each of the products offered for sale on the website. It is up to the CUSTOMER to respect the recommended advice. Failing that, the SELLER reserves the right to oppose the requested warranty.
ARTICLE 10 - Data processing and Freedoms - RGPD
In application of the general European regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) applicable in France as of May 25, 2018 and of the Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. These data may be communicated to the SELLER's partners responsible for the execution, processing, management and payment of orders. The processing of information meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data. The CUSTOMER has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website. For more details, the SELLER invites the CUSTOMER to read the document entitled "PRIVACY POLICY AND MANAGEMENT OF PERSONAL DATA"
ARTICLE 11 - Intellectual property
VBKAM is the holder of all the rights relating to the content of the site (graphic charter, textual elements and content) as well as to the brands affixed to the Products sold via the site. All of the aforementioned elements are protected by French and international laws relating to intellectual property. Any unauthorized use, any total or partial reproduction of this content is strictly prohibited and may constitute acts of infringement of copyright and / or trademark right engaging the civil and criminal liability of the author.
ARTICLE 12 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 13 - Liability
The SELLER cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular in the event of fraudulent use of payment methods, intrusion, virus or interruption of service. In general, no liability can be incurred in the event of non-performance of the order due to a case of force majeure as defined by law and jurisprudence. <ARTICLE 14 - Completeness <In the event that one of the clauses would be null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
Article 15 - Applicable law - Dispute
These general conditions of sale will be executed and interpreted in accordance with French law. In the event of a dispute, the CUSTOMER will first contact the SELLER in order to obtain an amicable solution. The CUSTOMER is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (art. L 612-1 of the Consumer Code) or with sectoral mediation bodies. existing, and any alternative dispute resolution method in the event of a dispute. The Buyer can also submit his complaint on the dispute resolution platform posted online by the European Commission by clicking here. The Commission will then transfer the Buyer's complaint to the competent national mediators. All disputes to which the purchase and sale transactions concluded pursuant to these GTCS may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the SELLER and the CUSTOMER will be subject to the competent courts under the conditions of common law.
ARTICLE 16 Pre-contractual information
CUSTOMER acceptance The fact that a natural person places an order on the website www.mytibtop.com implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the CUSTOMER, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the company VBKAM.