GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter the “GTC”) apply to any purchase made by a natural or legal person (hereinafter the “CUSTOMER”) on the website https://www.virtusfootball.com/ (hereinafter the “SITE”) from VIRTUS, SAS registered in the BOURG-EN-BRESSE Trade and Companies Register under number 823 503 701, having its registered office at SAINT-JEAN-DE-NIOST (01800), 700 route de Pérouges, France Tel: 04 37 64 29 29, email: [email protected] (hereinafter the “SELLER”).

ANY ORDER PLACED ON THE SITE NECESSARILY IMPLIES THE CUSTOMER’S UNRESERVED ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE WAIVER OF ANY GENERAL CONDITIONS OF SALE BY THE CUSTOMER.

1. DEFINITIONS

The following terms have the following meanings in these GTCs, whether they are used in the singular or in the plural:

  • « CUSTOMER» : means the SELLER’s co-contractor, who is a CONSUMER or a TRADER. As such, depending on whether the CUSTOMER orders PRODUCTS or a PRODUCT in the context of their usual or commercial activity, or for personal use, that is to say as a PROFESSIONAL or CONSUMER, certain special provisions herein will apply;
  • « CONSUMER» : refers to the SELLER’s co-contractor, who guarantees to be a consumer, as defined by French law and jurisprudence. As such, it is expressly provided that this CONSUMER acts independently of any regular or commercial activity;
  • « TRADER» : means the SELLER’s co-contractor, who acts in the context of their usual or commercial activity and, more specifically, whose purchase of the PRODUCT falls within the scope of their main activity; any person who is not a TRADER within the meaning of these GTCs is a CONSUMER;
  • « DELIVERY» : refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering;
  • « PRODUCTS» : means all products offered for sale by the SELLER and available on the SITE;
  • « TERRITORY» : means the whole world;
  • « USER» : means any person who accesses and navigates the SITE.

2. PURPOSE

These GTCs govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS available on the SITE.

The CUSTOMER is clearly informed and acknowledges that these GTCs govern any order placed on the SITE by a CUSTOMER, CONSUMER or TRADER, for the purchase of a PRODUCT.

3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

Except for a written framework contract concluded specifically between the SELLER and the CUSTOMER, these GTCs and any GTCs granted or negotiated are valid only for a specific sale. Their possible repetition from one sale to the other does not have the effect of creating an acquired right for the benefit of the CUSTOMER or any framework contract between the SELLER and the CUSTOMER.

The CUSTOMER undertakes to read these GTCs carefully and to accept them, before proceeding to pay for any order of one or more PRODUCTS placed on the SITE. These GTCs are referred to at the bottom of each page of the SITE as a link and should be consulted and accepted before placing an order. The CUSTOMER is invited to read the GTCs carefully, download them, print them and keep a copy.

The CUSTOMER undertakes to read the GTCs for each new order, the latest version of said GTCs applying to any new order of one or more PRODUCTS.

By clicking on the first button to place an order, then on the second to confirm said order, the CUSTOMER acknowledges they have read, understood and accepted the GTCs unconditionally and without limitation.

4. CONTRACTUAL DOCUMENTS

These GTCs are composed of the following contractual documents:

  • This document;
  • Appendices 1 to 3.

It is understood that these contractual documents are mutually explanatory. However, in the event of a contradiction or discrepancy between the terms of these contractual documents, they shall prevail in the order in which they are listed above, the document listed first prevailing over the subsequent ones.

5. CUSTOMER INFORMATION

CUSTOMERS will be asked to provide information that allows them to be identified, by completing the form available on the SITE. The (*) sign indicates the mandatory fields that must be completed in order for the CUSTOMER’s order to be processed by the SELLER.

CUSTOMERS may check the status of their order at any time on the SITE. If necessary, DELIVERIES may be tracked using the online tracking tools of certain carriers. CUSTOMERS may also contact the SELLER’s sales department at any time by email at [email protected] to obtain information on the status of their order.

The information that CUSTOMERS provide to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to request that CUSTOMERS confirm, by any appropriate means, their identity, eligibility and any of the information communicated.

6. ORDERS

The SELLER undertakes to present the essential features of the PRODUCTS on the SITE and the mandatory information under the applicable law. In addition, Appendix 3 to these GTCs informs CUSTOMERS of the PRODUCTS’ conditions of use of that the CUSTOMER undertakes to scrupulously respect. Otherwise, the SELLER declines all liability.

Therefore, the CUSTOMER undertakes to read them carefully before placing an order on the SITE.

After having read them, the CUSTOMER, acting with sole responsibility and according to personal needs, shall choose the PRODUCT(S) ordered and shall undertake to use them in full compliance with the instructions given in the DISCLAIMER (Appendix 3). In this regard, the SELLER shall not be held liable in any way.

The availability of the PRODUCTS is displayed on the SITE. Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.

Orders for PRODUCTS are to be directly placed on the SITE. To place an order, the CUSTOMER must follow the steps described below. However, the steps may differ slightly depending on the customer’s starting page.

The CUSTOMER shall select the PRODUCT(s) chosen by clicking on the PRODUCT(s) concerned and choosing the desired quantity or, if applicable, the characteristic of the desired PRODUCT. Once the PRODUCT has been selected, the PRODUCT will be placed in the CUSTOMER’s shopping basket. The CUSTOMER can add as many PRODUCTS as they want to their basket.

CUSTOMERS can customise the PRODUCT’s design on the SITE by choosing from various visuals that will be printed on the PRODUCT.

CUSTOMERS may also commission a professional graphic artist via the SITE to create a design and visuals for the purpose of customising the PRODUCT.

The CUSTOMER is strictly forbidden from sending to the SELLER, via the SITE, for the purpose of customising a PRODUCT:

  • Any illegal, defamatory, offensive, abusive, fraudulent, criminal, obscene or otherwise objectionable content;
  • Content that is potentially harmful to minors;
  • Content belonging to the intellectual property of a person, or proprietary or confidential information belonging to that person without the authorisation of the owner or licensor.

Similarly, the CUSTOMER is strictly forbidden from:

  • Infringing the rights of others, including the right to privacy or the right to disseminate information;
  • Promoting or encouraging illegal activities.

If applicable, the SELLER reserves the right to refuse to customise a PRODUCT.

In any case, it will be up to the CUSTOMER to ensure that the images, photographs and, more generally, any content that will be sent to the SELLER for the purpose of personalising the PRODUCT, are free of rights, so that the SELLER can never be sought in this regard.

If all or part of the PRODUCT’s visual is found to constitute an infringement or any other breach of a third party’s right, the SELLER declines all liability in this respect, so that the CUSTOMER shall remain solely responsible, thereby undertaking to undertake their own defence and that of the SELLER, where applicable, and to bear all costs and indemnities that may be due as a result of any legal actions and claims that may be made against the SELLER, which the CUSTOMER expressly accepts. 

Once the PRODUCTS have been placed in the shopping basket, the CUSTOMER must click on the shopping basket and check that the contents of the order are correct. If the CUSTOMER has not already done so, they will then be asked to log in or register.

Once the CUSTOMER has checked the contents of the shopping basket and has logged in/registered, an online form will be displayed, automatically completed and containing a summary of the price, applicable taxes and, if applicable, delivery charges.

The CUSTOMER should check the content of the order (including the quantity, the characteristics if applicableand the references of the PRODUCTS ordered, the billing address, the means of payment, the price and, if applicable, the PRODUCT personalisation elements) before validating its content.

Following verification, the CUSTOMER may then proceed to secure payment of the PRODUCTS by following the instructions on the SITE and providing all the information necessary for the billing and DELIVERY of PRODUCTS. For PRODUCTS where options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for their processing.

The CUSTOMER must also select the delivery method.

The order will be definitively approved by full payment of the price of the PRODUCTS ordered, in principal and accessories, it being specified that the sale concluded between the SELLER and the CUSTOMER will, however, be subject to the resolutive condition that the PRODUCT ordered is available.

The order will be cancelled if it turns out that the CUSTOMER has not paid in full or in part for other previous orders placed on the SITE.

Once all the steps described above are completed, a page will be displayed on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgement of receipt of the order will automatically be sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.

The SELLER shall not send any order confirmation by fax or by post.

During the order procedure, the CUSTOMER shall enter the information necessary for invoicing (the (*) sign will indicate the mandatory fields to be completed in order for the CUSTOMER’s order to be processed by the SELLER).

It is important that the CUSTOMER clearly indicates all information relating to DELIVERY: in particular, the exact DELIVERY address, as well as any access code at the DELIVERY address.

The CUSTOMER must also specify their chosen method of payment.

Neither the order form that the CUSTOMER completes online, nor the order receipt acknowledgement sent by the SELLER to the CUSTOMER by email, constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice on DELIVERY of the PRODUCTS, inside the package. If this is not the case, an invoice may be requested using the following email: [email protected].

The order date is the date on which the SELLER acknowledges receipt of the order online. The periods indicated on the SITE do not start until this date.

For all PRODUCTS, the CUSTOMER will find prices displayed in euros, including all taxes, on the SITE, as well as applicable delivery charges (according to the weight and volume of the parcel, excluding packaging and gifts, the DELIVERY address and the chosen carrier or mode of transport).

Where applicable, delivery costs will be charged in addition and the amount will be indicated to the customer before the order is approved.

The prices are inclusive of value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the effective date of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The SELLER’s supplier prices are subject to change. As a result, the prices listed on the SITE may change. They may also be modified in the event of special offers or sales.

The prices indicated are valid, except in case of gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CUSTOMER.

In the event of default or late payment, the SELLER shall apply late payment penalties calculated as follows:

Late payment penalties = (amount of invoice including VAT * LEGAL RATE APPLICABLE FOR the SEMESTER) * (number of days late in the semester/365)

The APPLICABLE LEGAL RATE shall be the interest rate applied by the European Central Bank for its most recent refinancing operation plus 10 percentage points.

Late payment penalties are due from the day after the payment date stated on the invoice with no reminder being necessary. Any CUSTOMER who is in arrears is automatically liable to the creditor for a fixed indemnity for collection costs of 40 euros. When the recovery costs exceed the amount of the liquidated damages, the SELLER may request additional compensation, with justification.

As a rule, the unavailability of a PRODUCT is indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed by the SELLER of the restocking of a PRODUCT.

In any case, if unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, propose an alternative PRODUCT of equivalent quality and price, to be accepted by the CUSTOMER. If the CUSTOMER decides to cancel the order of unavailable PRODUCTS, the CUSTOMER will receive a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.

7. DELIVERY

PRODUCT DELIVERY methods are provided for in the “delivery policy” referred to in Appendix 2 herein and are accessible at the bottom of each page of the SITE via a hypertext link.

8. RIGHT OF WITHDRAWAL

The terms of the right of withdrawal are provided for in the “withdrawal policy”, available in Appendix 1 herein and accessible at the bottom of each page of the SITE via a hypertext link.

9. PAYMENT

Payment must be made on the SITE when the CUSTOMER places an order. At no time may the sums paid be considered as a deposit or advance payment.

The CUSTOMER may pay for the PRODUCTS online on the SITE according to the means offered by the SELLER.

In the event of payment by bank transfer, the CUSTOMER undertakes to indicate their name and order reference in order to facilitate the processing of the order by the SELLER.

The CUSTOMER guarantees to the SELLER that they hold all the authorisations required to use the chosen means of payment.

The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payment on the SITE.

It is specified that all payment information provided on the SITE is transmitted to the SITE’S bank and is not processed on the SITE.

In the case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the PRODUCTS on the SITE are ordered.

In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account as soon as the first parcel is dispatched.

If the CUSTOMER decides to cancel an order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 6.5 of these General Terms and Conditions.

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order by another valid payment method.

Should it prove impossible, for whatever reason, to transfer the money owed by the CUSTOMER, the order will be cancelled and the sale automatically terminated, unless the SELLER prefers to request the full execution of the sale.

10. EVIDENCE AND ARCHIVING

When the CUSTOMER is a CONSUMER and the order relates to an amount equal to or greater than 120 euros including tax, the contract concluded will be archived by the SELLER for a period of 10 years, in accordance with Article L. 213-1 of the Consumer Code.  The SELLER guarantees access to the CUSTOMER at any time if the latter so requests.

11. TRANSFER OF OWNERSHIP

The SELLER retains ownership of the PRODUCT until full payment of the price by the CUSTOMER, in principal, interest and accessories, including in the event of the granting of payment deadlines.

Any clause to the contrary, including one inserted in the CUSTOMER’s general terms and conditions of sale, is deemed unwritten.

As such, if the CUSTOMER is the subject of receivership or liquidation, the SELLER reserves the right to claim, in the context of the collective proceedings, the PRODUCTS sold and remaining unpaid.

In the event of non-payment and unless the SELLER prefers to request full and complete execution of the sale, the SELLER reserves the right to consider the sale as cancelled for default, after a formal notice has remained unfruitful for 15 days, and to reclaim the goods delivered, the return costs remaining at the CUSTOMER’s expense and the payments made being acquired by the SELLER as a penalty clause.

12. TRANSFER OF RISK

The above provisions do not prevent the transfer to the CUSTOMER, upon receipt of the PRODUCTS by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss, deterioration, theft or damage of the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.

13. PACKAGING

The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.

14. GUARANTEES

Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, all CONSUMER CUSTOMERS benefit from “legal” guarantees, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code.

Article L.217-4 of the French Consumer Code: “The seller shall deliver a product that complies with the contract and will be liable for any lack of conformity existing at the time of delivery. It shall also be liable for lack of conformity resulting from the packaging, installation or assembly instructions when this is its responsibility according to the contract or is carried out under its responsibility.”

Article L.217-5 of the Consumer Code: “The property is in conformity with the contract: (1) if it is suitable for the customary use expected of a similar property and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by its representative, in particular in advertising or labelling; (2) if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted”.

The SELLER is likely to be liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from packaging, or assembly instructions. However, with regard to the installation or use of the PRODUCT, the SELLER is not liable for any lack of conformity resulting from the installation and/or use of the PRODUCT to the extent that it is expressly charged to the CUSTOMER who must scrupulously comply with the instructions attached hereto (Appendix 3).

The action resulting from lack of compliance shall be barred after two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code).

In the event of lack of conformity, the CUSTOMER may choose to request the replacement or repair of the PRODUCT. However, if the cost of the CUSTOMER’s choice is manifestly disproportionate to another available option, taking into account the value of the PRODUCT or the significance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CUSTOMER.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 15 quai Pierre Scize 69009 Lyon.

Finally, the CUSTOMER is allowed twenty-four (24) months from the delivery of the PRODUCT to report proof of the existence of the PRODUCT’s lack of conformity, except in the case of second-hand goods, for which this deadline is fixed at six (6) months. (Article L.217-7 of the French Consumer Code).

It is specified that this legal guarantee of conformity applies regardless of the commercial guarantee granted, if any, for the PRODUCTS.

In addition to the commercial guarantees that the SELLER may offer for certain PRODUCTS, the CONSUMER or TRADE CUSTOMER benefits from the following guarantees. The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which render it unfit for its intended use, or which reduce this use to the extent that the CUSTOMER would not have acquired it, or would only have paid a lower price, if their existence had been known.

This guarantee allows any CUSTOMER who is able to prove the existence of a hidden defect to choose between a refund of the PRODUCT’s price, if it is returned, and a refund for part of its price, if the PRODUCT is not returned.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER.

Any action resulting from hidden defects must be filed by the CUSTOMER within two (2) years from discovery of the defect.

15. LIABILITY

The SELLER shall not be held liable under any circumstances in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when placing the order.

The SELLER may not be held liable, or considered as having failed to comply with these conditions, for any delay or non-performance when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.

Unless otherwise provided for by public policy, the SELLER shall not be liable for the occurrence of any damage of any kind resulting directly or indirectly from the use or inability to use the PRODUCTS and in particular:

  • The SELLER shall not be liable for the occurrence of any damage whatsoever, special, indirect or incidental to the direct or indirect use, misuse or inability of use of the PRODUCT by the CUSTOMER, independently or in combination with another product, and in particular to the use of the PRODUCT in contradiction with the instructions specified in the instructions for use (Appendix 3);
  • Under no circumstances will the SELLER be required to provide replacement equipment.

IN GENERAL, THE SELLER ‘S LIABILITY MAY ONLY BE SOUGHT FOR COMPENSATION FOR DIRECT AND FORESEEABLE DAMAGES RESULTING FROM A BREACH OF ITS CONTRACTUAL OBLIGATIONS, WHICH DO NOT INCLUDE DAMAGES THE OCCURRENCE OF WHICH IS NOT EXCLUSIVELY RELATED TO THE POOR PERFORMANCE OR THE EXECUTION OF THIS AGREEMENT.

IN THE HYPOTHETICAL CASE WHERE THE SELLER IS LIABLE AS A RESULT OF THE EXECUTION OR POOR EXECUTION OF THIS AGREEMENT, OR FOR ANY OTHER CAUSE OF ITS OWN FAULT, THE AMOUNT OF THE OVERALL AND CUMULATIVE COMPENSATION, ALL CAUSES TAKEN TOGETHER, PRINCIPAL, INTEREST AND COSTS, TO WHICH THE CUSTOMER MAY CLAIM, SHALL BE LIMITED TO THE DIRECT AND FORESEEABLE DAMAGE SUFFERED BY THE CUSTOMER WITHOUT BEING ABLE TO EXCEED THE AMOUNT OF THE SUMS PAID BY THE CUSTOMER AND COLLECTED BY THE SELLER, FOR THE PURCHASE OF THE PRODUCT IN QUESTION.

The SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it does not accept any responsibility for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is made with respect to their content.

16. FORCE MAJEURE

The SELLER may not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCs is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.

As such, the responsibility of the SELLER cannot be invoked, including in case of hacking attacks, the unavailability of equipment, supplies, spare parts, personal equipment or other items, the interruption of electronic communications networks, and in the case of any circumstance or event beyond the SELLER’s control taking place after the conclusion of the General T&Cs of Sale and preventing their execution under normal conditions.

It is specified that, in such a situation, the CUSTOMER cannot claim payment of any compensation and may not bring any action against the SELLER.

If one of the aforementioned events occurs, the SELLER will endeavour to inform the CUSTOMER as soon as possible.

17. PERSONAL DATA

The SELLER collects personal data regarding its CUSTOMERS via the SITE, including through the use of cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.

The data collected by the SELLER are used to process orders placed on the SITE, to manage the CUSTOMER’s account, analyse orders and, if the this option has been chosen, send the CUSTOMER commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER’s data is kept confidential by the SELLER for the purposes of the contract and its execution, in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account or clicking on the hypertext link provided for this purpose below each offer received by email.

The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to its business partners the names and contact details of its CUSTOMERS, provided that they have given their prior agreement when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish for their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive marketing content from its partners.

In accordance with Law No. 78-17 of 6 January 1978 relating to information technology, databases and civil liberties and (EU) Regulation 2016/679 of the European Parliament and Council of 27 April 2016 relating to individual protection with regards to the processing of personal data and the free movement of this data, and repealing Directive 95/46/EC (General Data Protection Regulation, known as the GDPR), the SELLER ensures the implementation of the rights of persons concerned. It is recalled that CUSTOMERS whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning them, in accordance with the provisions of Articles 39 and 40 of the the amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).

In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, CUSTOMERS may also, for legitimate reasons, oppose the processing of data concerning them, without providing reason and without fee.

CUSTOMERS can exercise these rights by sending an email to: [email protected] or by sending a letter to 15 quai Pierre Scize 69009 Lyon.

It is specified that CUSTOMERS must be able to prove their identity, either by scanning an identity document or by sending the SELLER a photocopy of their identity document.

18. COMPLAINTS

The SELLER provides the CUSTOMER with a “Customer Telephone Service” on the following number: 04 37 64 29 29 (non-surcharged number). Any written complaint from the CUSTOMER must be sent to the following address: 15 quai Pierre Scize 69009 Lyon.

19. INTELLECTUAL PROPERTY

All of the SITE’s visual and sound elements, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER’s permission in writing.

This authorisation from the SELLER will not be granted definitively under any circumstances. This link must be removed at the SELLER’s request. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (inline linking) are strictly prohibited.

Any representation or reproduction, in whole or in part, of the SITE and its contents, by whatever process, without the SELLER’s express prior authorisation, is prohibited and will constitute an infringement as sanctioned by Articles L.335-2 et seq. and L.713-1 et seq. of the Intellectual Property Code.

The acceptance of these GTCs implies the CUSTOMER’s awareness of the SELLER’S intellectual property rights and a commitment to respect them.

20. VALIDITY OF THE GENERAL TERMS AND CONDITIONS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTCs shall not affect their validity. Any such modification or decision does not authorise CUSTOMERS to disregard these GTCs.

Any conditions not expressly dealt with herein shall be governed by the customary rules of the retail trade sector for companies whose registered office is located in France.

21. AMENDMENTS TO THE TERMS AND CONDITIONS

These GTCs apply to all online purchases made on the SITE, as long as the SITE is available online. They are accurately dated and may be modified and updated by the SELLER at any time. However, it is specified that the applicable GTCs are those in force at the time of the order. As such, changes to the GTCs will not apply to PRODUCTS already purchased.

22. ATTRIBUTION OF COMPETENCE AND APPLICABLE LAW

The competent commercial court in whose jurisdiction the registered office of the SELLER is located will have jurisdiction to hear any dispute concerning the application of these GTCs as well as their interpretation, their execution and subsequent sales contracts concluded by the SELLER, or concerning the payment of the price, even in the event of multiple debtors, a guarantee appeal or summary proceedings.

However, the SELLER reserves the right to bring the CUSTOMER before the commercial court in whose jurisdiction the CUSTOMER is domiciled.

These GTCs, as well as the relationship between the CUSTOMER and the SELLER, are governed by French law. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.

However, prior to any recourse to an arbitral or state judge, the CUSTOMER is invited to contact the SELLER’s Complaints Department. If no agreement is reached or if the CUSTOMER proves that attempts have been made to resolve the dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to these terms and conditions, including those concerning their validity.

In accordance with Article L.612-1 of the Consumer Code, the CONSUMER CUSTOMER may use a consumer mediator free of charge to resolve the dispute amicably. To initiate this mediation, the CONSUMER CUSTOMER may contact the SELLER’s mediator: THIBAULT NIEDDU, whose contact details are: [email protected] and who can be contacted via this link: [email protected] .

 

 

The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the details of the dispute. As mediation is not mandatory, the CUSTOMER or SELLER may withdraw from the process at any time.

ON THE ASSUMPTION THAT MEDIATION SHALL FAIL, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.

20. INTELLECTUAL PROPERTY

The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix
1 – Withdrawal Policy.

The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix
1 – Withdrawal Policy.

APPENDIX 1 - WITHDRAWAL POLICY

Principle of withdrawal

The CUSTOMER has the right to withdraw by returning the PRODUCT to the SELLER, except in the cases mentioned below. The returned PRODUCT must be new, still in its original packaging and unopened.

The right of withdrawal may not be exercised:

  • If the PRODUCT has been thermoformed by the CUSTOMER; if so, the PRODUCT will have already been used by the CUSTOMER and can under no circumstances be returned to the SELLER;
  • If the CUSTOMER is a TRADER, as long as the purchase of the PRODUCT falls within the scope of its main activity, in accordance with Article L.221-3 of the Consumer Code;
  • For the supply of goods manufactured according to the CUSTOMER’s specifications or clearly customised; when the PRODUCT is customised at the CUSTOMER’s request, in particular, relating to the visual on the PRODUCT, the right of withdrawal may not be exercised either by the CONSUMER CUSTOMER or by the TRADE CUSTOMER;

In these cases of exclusion, the CUSTOMER, by approving the order and accepting these GTCs, expressly waives their right of withdrawal.

In order to exercise the right of withdrawal, the PRODUCT must be returned by the CUSTOMER without undue delay, and at the latest within fourteen (14) days following communication of the decision to withdraw, unless the SELLER offers to arrange the collection of the PRODUCT itself.

Cancellation period

In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days following the day on which the CUSTOMER, or a third party other than the carrier and appointed by the CUSTOMER, physically takes possession of the last delivered PRODUCT.

If the CUSTOMER’s order relates to several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.

Notification of the right of withdrawal

To exercise the right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify the decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or email) to: 15 quai Pierre Scize 69009 Lyon or [email protected].

The form below may also be used:

WITHDRAWAL FORM

For the attention of: VIRTUS

SELLER’s email address: [email protected]

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
PRODUCT reference:

Invoice No:

Order No:

– Ordered on [________________] / received on [________________]

– Payment method :

– Name of the CUSTOMER and, if applicable, the beneficiary of the order :

– CUSTOMER’s Address :

– Delivery address :

– CUSTOMER Signature (except in the case of transmission by email) :

– Date :

In order to comply with the cancellation period, the CUSTOMER must send communication concerning the exercise of the right of cancellation before the expiry of the cancellation period.

Effects of cancellation

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the CUSTOMER for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which it is informed of the CUSTOMER’s decision to withdraw.

The SELLER is not obliged to reimburse the additional delivery costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER (Article L.221-24 of the French Consumer Code).

The SELLER shall make the refund using the same means of payment as used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means of payment. In any event, this refund shall not involve any charges for the CUSTOMER.

The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever is the earlier.

How to return

The CUSTOMER must, without undue delay and in any event no later than fourteen (14) days after communication of the decision to withdraw from this contract, return the property to: 15 quai Pierre Scize 69009 Lyon.

This period shall be deemed to have been observed if the Customer returns the goods before the expiry of the fouteen (14) day period.

Return fees

The CUSTOMER shall bear the direct costs of returning the goods.

In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the goods.

Condition of the returned goods

The PRODUCT must be returned in new condition, still in its original unopened packaging and include all accessories delivered.

The CUSTOMER may be held liable for any depreciation of the PRODUCT resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT.

APPENDIX 2 - DELIVERY POLICY

DELIVERY AREA

The PRODUCTS offered can only be delivered within the TERRITORY. It is not possible to place an order for any delivery address located outside the TERRITORY. PRODUCTS will be shipped to the shipping address(es) that the CUSTOMER has indicated during the ordering process.

Estimated shipping date

The timelines for preparing an order and then issuing the invoice, before shipment of the PRODUCTS in stock are detailed on the SITE. These timelines exclude weekends and public holidays.

An email message will be automatically sent to the CUSTOMER when the PRODUCTS are dispatched, provided that the email address on the registration form is correct..

DELIVERY Times & Costs

During the ordering process, the SELLER shall inform the CUSTOMER of the delivery dates and shipping methods for the PRODUCTS purchased.

Shipping costs are calculated according to the shipping method. The amount of these costs shall be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.

Delivery times and costs are detailed on the SITE.

If the CUSTOMER is a CONSUMER, and in the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the French Consumer Code).

DELIVERY Methods

The parcel will be delivered to the CUSTOMER’s mailbox (delivery address specified by the customer when creating the order) via postal transport including online tracking (tracking number).

DELIVERY problems

The DELIVERY time indicated during the order is for information only and is not guaranteed.

Consequently, any delay in delivery of the products may not result in the CUSTOMER benefiting from:

  • allocation of damages or interest;
  • allocation of penalties;
  • cancellation of the order.

It is the customer’s responsibility to check the PRODUCTS as soon as they are DELIVERED.

In the event of missing or damaged products, or apparent non-compliance, the CUSTOMER must express all necessary reservations upon receipt of said PRODUCTS by writing to the SELLER’s address: [email protected], using the following heading: “DELIVERY – Customer’s first and last name – 5-digit order number”.

The customer must state as explicitly as possible the problem(s) encountered concerning the DELIVERY of the product(s) ordered, attaching, if necessary, any screenshot or photographic proof of said issues.

Otherwise, the CUSTOMER is deemed to have accepted the products without reservation.

APPENDIX 3 – OPERATING INSTRUCTIONS - DISCLAIMER

This shinguard and sleeve are intended to protect you from minor impacts to the shin when playing Football only. This product complies with the European legislation in force (standard EN 13061 – European specifications for PPE).

Size

To choose the right size, refer to the chart provided in this brochure. If the correct size is not chosen, the protection may be reduced.

Instructions for use

These instructions for use must be strictly followed. Carefully check the protective equipment’s status before use. Any protective equipment with cracks, nicks, deformations or missing parts must be replaced immediately.

To use your shinguard, you should:

Maintenance and storage

Strictly follow these maintenance and storage instructions.

  1. SymbioFIT Shinguards


 

  1. CompressFIT Performance Sleeve

Composition


 

  • 60% Medical Grade “Sanitised” EVA ELASTOMER
  • 40% Thermoplastic polyurethane 


 

Precautions

Before using the shinguard, make sure it has been properly placed on your shin. To ensure that it stays in place, the shinguard should be worn with a sleeve. We are not responsible for any misuse of the shinguard and/or sleeve.

In the event of even minimal damage to the shinguard and/or the sleeve, the protective functions will be greatly reduced. This damage will require immediate replacement.

Strictly avoid any contact of the shinguard and/or the sleeve with products other than those mentioned in the maintenance paragraph above.

Caution: The shinguard and sleeve protect your shin from minor blows you may have to suffer during a football match. However, their use cannot under any circumstances eliminate the risk of injury. We are therefore not responsible for any injuries.

Over time, the performance of the protective equipment will be impaired and will require immediate replacement.

Note that this protective equipment has been specifically designed for playing football. Its protective functions are not suitable for the practice of sports other than football.