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General Conditions of Sale

General Conditions of Sale

Updated 16/08/2019

 

CONTENTS

Article 1: About the Company

Article 2: Products

Article 3: Ordering

Article 4: Delivery and Shipping

Article 5: Returns

Article 6: Referral, Vouchers & Loyalty Credits

Article 7: Data Protection

Article 8: Mediation of Consumer Disputes

Article 9: General Information

Article 10: Intellectual Property

Article 11: Precontractual Information

 

Article 1: About the Company

The following websites: www.privatesportshop.com; www.privatesportshop.fr, www.privatesportshop.es, www.privatesportshop.it, www.privatesportshop.co.uk and www.privatesportshop.com/en are operated and updated by the Company "PRIVATESPORTSHOP SAS" (private limited company), whose headquarters are located at: 460, avenue des Bigos, ZI du Salaison - 34740 Vendargues – France.

PRIVATESPORTSHOP SAS is registered with the Companies Registration Office (RCS), Montpellier  under the SIREN number 529 079 667 (Intra-EU VAT number: FR77 529 079 667).

PRIVATESPORTSHOP SAS sell sports-related products and services (hereafter "Products” and “Services”) online through “Private Sales” or the “The SHOP”.

The General Conditions of Sale (hereafter “GCS”) define sales conditions for products and services offered by PRIVATESPORTSHOP SAS (hereafter “The Company”) on www.PrivateSportShop.co.uk, www.PrivateSportShop.com/en, www.PrivateSportShop.fr and www.PrivateSportShop.es (hereafter “The Website”).

By placing an order, the Customer agrees to and is bound by the terms and conditions of these GCS. A Customer, according to these GCS, is any person who has completed and paid for an order. Any person who does not meet this definition is not entitled to apply these GCS against PRIVATESPORTSHOP SAS. It is therefore understood that an order placed by a Customer on behalf of a third party is subject to the legal relationship as defined by the GCS between the Customer and the Company, without any third party action against the latter.

These GCS are written in French and translated into English. Only the French version is valid between The Company and its Customers. The Company reserves the right to modify these GCS at any moment without notice. Each new version of the GCS will be applicable after publication on the Website, for all orders placed after this time. Where necessary, other special conditions may be added to the GCS. These will be indicated on the Website.

Contact our Customer Service Team:

By phone on +44 (0) 800 808 5593 (cost of a local call), from Monday to Friday 9 am to 5 pm GMT

Directly on our site by sending a request through the “Contact Us” page

By email: info@privatesportshop.com

 

Article 2: Products

 2.1 – Descriptions

The Products represent all of the goods offered for sale by PrivateSportShop on its Website.

The Products offered by PrivateSportShop comply with current French legislation and standards applicable to France.

PrivateSportShop provides its Customers with technical and practical information for each Product. This information is passed on by the supplier from whom the Company purchases its Products. PrivateSportShop commits to provide graphics that represent the Product faithfully. However, in some instances, it may be possible that the physical Product does not completely match the digital image. The best before date concerning perishable products, as well as the duration of the guarantee are also indicated on the product page.

 

2.2 –Product Prices

Three different elements are indicated concerning the pricing for each Product: the reference price, the reduced price and the discount percentage. The reference price corresponds to the sales price usually applied by the competition, considering that the reference price does not account for sales prices or any reductions. PrivateSportShop will do all it can to modify this rate to reflect the French market. PrivateSportShop reserves the right to modify its rates at any time. In this case, the price charged when submitting the final order will be valid.

Delivery within Metropolitan France and the European Union:

The sales prices are given in Euro, including taxes and do not include shipping costs. Shipping costs are indicated on the Website, during the purchase process, before final submission of the order.

Delivery to French Overseas Departments and outside the European Union:

The sales prices are given in Euro, excluding taxes and do not include shipping costs. Shipping costs are indicated on the Website, during the purchase process, before final submission of the order.

For delivery outside of Metropolitan France, the provisions stated in the French general tax code are applicable regarding VAT. The order will therefore be subject to the relevant customs duties and any potential taxes. PrivateSportShop is not obliged to inform its members of the relevant customs duties and taxes and, therefore, the Company will not be held responsible for these charges or conditions.

2.3 – Product Availability

In the event of a Product’s unavailability following a stock shortage with a supplier, the Customer will be informed by email.

The Customer may be offered two possible solutions, according to the stock available.

- An offer of replacement with an identical or higher range product that he/she will have the option of accepting or refusing in exchange for a refund. It is agreed that the Company will cover the shipping costs for the new product, where applicable.

- A refund for the price of the product or service ordered within fourteen days of notification about the item’s unavailability. A refund of all or part of the order will be made within a maximum of fourteen days. This refund will be made using the same method as that used by the Customer to pay at the time of purchase: either monetary (credit card or PayPal), voucher or both. If a discount code was used, this amount will not be refunded.

 

Article 3: Ordering

3.1 – Creating an Account

The Customer must create an account in order to have a username and password. These are personal and should not be shared, as they give access to the Customer’s personal information and order history.

3.2 – How to Order

The Customer places his/her order exclusively through the Website.

After creating an account, the Customer can access the different private sales offered by the site and select one to view.

The Customer can click on a Product for a detailed description of its features (its composition, sizes offered, colours, price incl. tax, etc.).

The Customer can select the size and quantity using the drop-down menus.

To confirm a selection, the Customer must click “Add to Basket”.

The Customer can then continue shopping by returning to the shop and repeating the previous steps or click “See Basket” to check out.

In this case, the Customer can preview the order under “Summary”, add a discount code, edit the selection if it’s not right and see the order total including VAT.

Once happy with the order, the Customer can click on “NEXT” to go to the second step, “Address”.

In this step, the Customer selects the shipping and billing addresses.

Once the addresses have been selected, the Customer clicks “NEXT” to go to the third step, “Shipping Costs”.

This step shows the present General Conditions of Sale. The Customer must check the box “I confirm I have read and accept the general conditions of sale” to continue with the purchase.

Also in the third step, under “Shipping Costs”, the Customer can select a shipping method (e.g. Colissimo, Mondial Relay and/or a specialised carrier depending on the size and destination of the order).

The Customer must click “NEXT” to go to the fourth step, “Payment”.

3.3 – Payment

In the fourth step, “Payment”, the Customer selects their payment method.

Payment for purchases can be made by credit card or using a PayPal account. Accepted cards: Visa, AmericanExpress, MasterCard and Maestro.

In accordance with regulations and to guarantee the safety and confidentiality of Customer information, PrivateSportShop.com does not save bank details.

To guarantee the safety of the payment data provided by the Customer, PrivateSportShop has chosen the payment Platform Braintree.

This guarantees the confidentiality of personal information sent via the internet. This way, the Customer's bank details are not kept on the Website and the payment is secured by the SSL (Secure Socket Layer) encryption system.

However, to make the purchasing process easier for future orders, an option to save bank details is available. The Customer can do this by checking the "Save this card" option on the payment page of the Website. The Customer’s bank details are then stored only on Braintree’s encrypted servers.

It is not compulsory to save the Customer's bank details when ordering on the Website. Furthermore, the Customer may delete saved bank details at any time, via the "Manage credit cards" heading under "My Account".

In accordance with the French Data Protection and Civil Liberties Act of 6 January 1978, the Customer has at any moment a right of access, rectification, and opposition of the whole of his/her personal data by writing, and justifying his/her identity, to eusalessupportt@braintreepayments.com.

The Customer confirms authorisation to use the credit card or other payment method before paying for the order.

In order to combat fraudulent purchases, PrivateSportShop reserves the right to ask for information and documents from the cardholder. If the Customer does not respond, PrivateSportShop reserves the right to cancel the order.

To complete and submit the purchase, the Customer must click “Confirm this order and pay”.

The transaction is only complete once payment has been confirmed.

PrivateSportShop will confirm in real time on its Website that the payment has been received and that the transaction is complete.

An email will confirm that the order has been registered. Failure to respect the terms of these GCS, and particularly concerning any problems relating to payment of the purchase, may lead to cancellation of the order and suspension from services on PrivateSportShop.com.

PrivateSportShop recommends Customers keep a digital or hard copy of this information.

The data saved by PrivateSportShop is proof of nature, content and date of the order. This information is archived by PrivateSportShop.

PrivateSportShop only commits to fulfil orders received through its Website while stocks last for the products concerned.

3.4 – Changing an Order

To make any changes to your order, please contact our Customer Service Team:

- By phone on +44 (0) 800 808 5593 (cost of a local call), from Monday to Friday 9 am to 5 pm GMT

- Directly on our site by sending a request through the “Contact Us” page.

 

Article 4: Delivery and Shipping

4.1: General

Products purchased on PrivateSportShop are delivered to the United Kingdom, France, the French Overseas Departments, Andorra, Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Italy, Luxemburg, Monaco, Norway, Netherlands, Poland, Portugal, ROI, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Products are delivered to the address provided by the Customer during the ordering process.The order may be sent in multiple packages if it contains products of different brands or the dimensions of the product/s require it.

The Company will email the Customer with a dispatch notice for each order, containing the order tracking number if provided by the carrier, as well as other information. 

Products purchased on the “PRIVATE SALES” section of the Website are generally shipped within an estimated time of 25 days after the end of the sale. Products purchased on the “SHOP” section are generally shipped within 10 working days. Shipping may take longer for orders outside of Metropolitan France. The delivery tracking information is available on the website automatically once logged into "My Account / Order".

Shipping times correspond to the time needed for processing the order in addition to the delivery time.

Delivery consists of transfer into the Customer’s physical possession or inspection of the product.

 

4.2 – Shipping Methods

Deliveries are mainly carried out via the services offered by La Poste or another carrier service, depending on the size of the products and the chosen destination. This information will be visible during the ordering process.

The carrier will deliver the package to the recipient’s address without being required to deliver to the door (e.g. upstairs apartment).


When stated by PrivateSportShop that a product may be delivered to a specific room chosen by the customer, the latter must first make sure that the package dimensions do not exceed the building/room entry dimensions.  If delivery requires the use of a freight elevator or any other specific equipment, the additional costs shall be incurred solely by the customer.

Considering the value of the merchandise and its sensitive nature, it is the Customer’s responsibility to check the item(s) in the carrier’s presence.

What to Do:

- Upon receipt, the Customer should open the package and check the merchandise in the presence of the delivery driver before signing the delivery slip;

- If the products are damaged, the Customer may refuse the package and note the details on the delivery slip;

- If the delivery driver refuses to stay and witness unpacking of the order, write on the slip, “Contents may be damaged”. 

- The customer must write a registered letter to the carrier within three days from the date of delivery to confirm any reservations they have concerning the delivery.

 


ATTENTION: If the Customer accepts the package without checking the contents, it will be considered undamaged and no further action will be possible.

4.3 –Order Tracking

Customers can track their order on the Website, by going to “My Account/Orders”.

4.4 – Late Delivery

In the event of late delivery, the Customer may contact our customer service team via the PrivateSportShop website, sending an email through the contact form, or by phone Monday to Friday, from 9 am to 5 pm GMT.

In the absence of delivery within the prescribed timeframe, the Customer may require the company PrivateSportShop to make the delivery within a new reasonable timeframe, this being requested by registered letter with acknowledgment of receipt or in writing in a durable medium.

If the company PrivateSportShop has not complied within the time limit, the Customer may dissolve the contract by registered letter with acknowledgment of receipt, by email or standard letter (article L. 216-2 of the French Consumer Code).

The contract is considered dissolved on the date the letter is received informing PrivateSportShop of the cancellation unless it has been carried out already.

The Customer’s payment will be refunded within fourteen days from the contract’s termination.

If an investigation into the carrier must be carried out, (abnormal delivery time, undelivered parcel, etc.), the customer must inform PrivateSportShop as soon as possible and at the latest three (3) months from the expected delivery date of the package. No claims shall be considered after this period.

No reimbursement can be made while an investigation into the carrier is in progress. The length of an investigation may vary from 15 to 90 days depending on the destination and the selected delivery method

4.5 – Transfer of Risk

In principle, delivery is carried out by a carrier selected by PrivateSportShop to the shipping address entered by the Customer. In this case, all risk of loss or damage to the Products is transferred to the Customer at the moment where the latter or a designated third party (other than the carrier chosen by PrivateSportShop) takes physical possession of these Products.

 

Article 5: Returns

5.1 – Right of Cancellation

The Customer has 14 days after receiving the product to inform PrivateSportShop of his decision to cancel.

The cancellation period is applicable when the Customer has received his order and does not wish to keep one, several, or all of the products within 14 days after delivery. The Customer is not required to provide a reason for cancelling.

The Customer has an additional 14 days to return the Product(s), unless PrivateSportShop offers to collect the merchandise personally.

Receipt of a product is defined as the point when the Customer or a third party receives the package at the place indicated during the ordering process: at home, a post office or a company. At the end of the timeframe indicated above, this right of cancellation becomes void.

 

Returns

For all returns in accordance with the right of cancellation, PrivateSportShop asks the Customer to use the “Contact Us” section of the Website to indicate his desire to cancel, selecting “Return a product” as the subject and entering the order number and the products to be returned.

The Customer must return the product(s) to PrivateSportShop at his own cost. PrivateSportShop does not cover the cost of the return for a cancellation.

PrivateSportShop suggests the Customer use a recorded delivery service. In the case of a dispute, proof of sending will be requested.

The Customer should also fill out the cancellation form, annexed below and send it to the following address:info@privatesportshop.com

If, due the product’s nature, it cannot be sent by normal post, PrivateSportShop will inform the consumer of the return costs on a case by case basis, upon request.

It is understood that the products will be returned intact, clean and whole (that is in perfect condition for resale, not modified or assembled against the manufacturer’s recommendations or taken apart), accompanied by any instructions and accessories (batteries, chargers, cords, etc.) as well as a legible copy of the invoice. Once the product has been used, dismantled, modified, assembled or personalised, the right of cancellation will be rendered null and void.

Where applicable, PrivateSportShop will refund the payments received, including shipping costs, no later than fourteen days from receipt of the cancellation request.

Unless offering to collect the products personally, PrivateSportShop may defer the refund until the goods have been received or until the Customer provides valid proof of sending, the first of these being considered the start date for the refund period.

Refunds will be made using the same payment method as used by the Customer for the original transaction.

PrivateSportShop will not be required to refund additional charges if the Customer expressly chose a more expensive delivery method than the standard delivery option.

Exceptions

In accordance with article L. 221-28 of the French Consumer Code, right of cancellation cannot be applied to the following products:

- Products customised at the Customer’s request, including: assembly and fitting of bindings, etc.

- Products that are likely to perish quickly

- Audio or video recordings or computer software that has been unpackaged by the consumer (that is if the blister pack has been opened, removed or torn for CDs and DVDs for example).

- Newspapers, periodicals and magazines

- Digital content not provided on a physical medium that has been launched with the Customer's permission

- Goods unpackaged by the Customer after delivery that cannot be returned for health or hygiene reasons

- Goods that have been combined with other articles after delivery and cannot be separated.

5.2 – Guarantees

The customer is informed that the company PRIVATE SPORT SHOP, located at 460 Avenue des Bigos 34740 Vendargues FRANCE, is responsible for any defects in the item sold.

When acting on the legal guarantee of conformity and as stated below, the Customer:

- has a period of 2 years to act, from delivery of the product;

- may choose between the replacement or repair of the goods, subject to conditions set out in article L.217-9 of the French Consumer Code;

- is exempt from providing proof of the item's non conformity during the six months following delivery of the goods. This period is extended to 24 months from March 18 2016, exluding second-hand goods.

 

The legal guarantee of conformity applies irrespective of any commercial warranty that the manufacturer may grant.

The consumer may also enforce the guarantee against hidden defects of the item sold in the sense of article 1641 of the French Civil Code, and in this case, the Customer may choose between the cancellation of the sale or a reduction of the sale price (according to article 1644 of the French Civil Code).

 

Legal Guarantee of Conformity

In compliance with Articles L. 217-4 and following of the French Consumer Code, the Customer has a legal guarantee of conformity for the product ordered, limited to two years after the product’s delivery, which allows him to claim the repair or replacement of the non-compliant items, without additional cost.

To comply with the contract, the product must:

-        (i) fit the purpose for which goods of the same type are normally used and, where applicable, match the description given by PrivateSportShop and possess the qualities of the goods which were shown to the Customer by way of sample or model; and possess the qualities that a Customer may legitimately expect from PrivateSportShop's publicity on its Website, namely through advertising or labelling;

For example, a product considered non-compliant:

o    does not match the technical specifications or visual characteristics shown on the product page at the time of buying,

o    upon reception is stained, damaged, used, not in working condition or does not match the size or model chosen by the Customer.

-    (ii) have the characteristics defined by joint agreement of the parties or be fit for any particular purpose desired by the Customer, which was made known to PrivateSportShop and agreed by the latter.

Any lack of conformity which becomes apparent within 2 years of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

The Customer may not, however, claim non-conformity if he knew of or could not ignore the defect at the time of purchase or if the defect is minor.

In the case of a lack of conformity, the Customer may opt to have the item repaired or replaced.

However, PrivateSportShop may refuse if the Customer’s choice entails disproportionate costs in comparison with the alternative solution, taking into account the value of the goods or the significance of the defect. The Company will then proceed with the option not chosen by the Customer, unless this proves impossible.

If such a solution cannot be implemented within a month following the Customer’s claim, or cannot be implemented without significant inconvenience to the latter given the item’s nature and intended purpose, the Customer may:

-        return the item and ask for a refund

-        keep the item and ask for a price reduction in the form of a voucher to be used on the Website.

If repair and replacement are impossible, the Customer may also return the item and ask for a refund or keep the item and ask for a partial refund.

This guarantee shall be applied at no cost to the Customer and shall not prevent compensation for damages.

 

Latent Defects

Additionally, in compliance with Articles 1641 and following of the French Civil Code, the Customer has a legal warranty against latent defects, which must be claimed within two years from discovery of the defect and which allows him to receive a total or partial refund for the goods found unfit for the intended use.

A latent defect is a defect that renders the product unfit for its intended use or so impairs its usage that the Customer would not have bought it, or would have paid less for it had he been aware.

The Customer may therefore choose between:

-         returning the item and asking for a refund,

-         keeping the item and asking for a partial refund (this price will be deterrmined by an expert).

If PrivateSportShop was aware of the item’s defect, it may be liable for compensation, further to a refund (or partial refund).

However, if PrivateSportShop was unaware of the item’s defect, it will only be liable for a refund and must also reimburse the Customer for any costs incurred by the sale.

PrivateSportShop is not liable for obvious defects of which the Customer would have been aware.

Returns

In the event of a product's non-conformity, it may be returned by the Client to the Company, according to the following process:

> Signal a return request:

- By email: on the “Contact Us” page of the Website, select the subject “Defective product - Wrong item received”, enter your email address and the items to be returned as well as the reason for return. Or send your request to info@PrivateSportShop.com and enter your Order Number.

- By phone: +44 (0) 800 808 5593 (cost of a local call), from Monday to Friday 9 am to 5 pm GMT

> Return Shipping Costs and Delivery Method:

In the event of non-conformity, shipping costs for the return and possible reshipment of the merchandise will be covered by PrivateSportShop.com.

Depending on the size of the merchandise, a prepaid return label will will be sent to the customer by email, with the address for the PrivateSportShop returns service and the customer return address, or a pick-up will be arranged with a specialised carrier.

> Prepare the package:

To return the merchandise, use standard packaging or the original box used for delivery. The returned product(s) must be whole (including instructions, accessories, with its tag, etc.) and in its original packaging. To return via Colissimo, stick the return label onto your package and take it to the post office.

In the event of pick-up by the carrier, make sure the item is packed correctly. The Carrier Company will contact the Customer to organise pick-up details, which will usually entail a half-day time slot, Monday to Friday between 8 am and 6 pm.

> PrivateSportShop Confirmation:

Upon reception of the merchandise, PrivateSportShop will check its condition. Returns will not be accepted if the returned items have been visibly worn or damaged by the Customer and this prevents the product’s resale. If the return request is refused by PrivateSportShop, the products will be returned to the Customer at the Company’s expense so the Customer does not require compensation or a refund.

In this case, PrivateSportShop will contact the Customer to offer:

- sending an identical replacement product, if stocks are available,

- a refund for the product. This will be refunded within 15 days after receipt of the item by PrivateSportShop.

 

5.3 – Request for After Sales Support: 

Any product guarantees are displayed on the Product pages of the Website during the purchase process. These are guarantees granted by the suppliers and are effective from the date of purchase. The Company cannot take responsibility for the guarantees granted by suppliers. The returns process, support and refunds are identical to those outlined in article 5-2 Guarantees.

 

5.4 – Refunds

All refunds will be made within a maximum of 14 days from confirmation by PrivateSportShop. Return of a whole order will be completely refunded, including shipping costs. Partial return of an order will be refunded for the related items only, excluding shipping costs, which are a fixed charge. Shipping costs may be refunded if the total for the remaining articles is less than the shipping costs paid.

In the event of a full or partial return of an order where a voucher has been used, the discounted amount will not be not refunded.

Unless offering to collect the products personally, PrivateSportShop may defer the refund until the goods have been received or until the Customer provides valid proof of sending, the first of these being considered the start date for the refund period.

PrivateSportShop will use the same method of payment for the refund as that used by the Customer for the original purchase: monetary, voucher or both.


Article 6: Referral, Vouchers and Loyalty Credits

6.1 - Referral

All Customers can invite any friends they choose.

The contact details of the original member must be filled in at the time of the New Customer's registration on the site, modification or additions cannot be made afterwards.

The Company reserves the right to limit excessive and automatic invitations of purely commercial or financial ends, owing to the advantages earned by the Customer through the referral scheme. The Company reserves the right to refuse any invitation that does not comply with the spirit of this article and, as a result, the right to cancel the advantages received as well as other related reductions.

How referral works on the PrivateSportShop Website:

- All Customers (registered members) can invite friends to sign up on PrivateSportShop.com

- When the invitation is accepted and the friend signs up on PrivateSportShop.com and mentions the name of the person who invited them, they become the “Friend” of that Customer (member).

- The original member will be credited with a voucher worth 10€ once the Friend has placed his/her first order, following the withdrawal period of 14 days after delivery. It is therefore understood that each Friend may earn a maximum of 10€ for the original member.

- Under the heading “Loyalty Scheme” in the “My Credits” menu, the Customer can see the status of his/her invitations.

Vouchers are valid for 1 year following the date they are earned. They can be used throughout the Website, excluding travel, tickets, coupons and services.

6.2 - Vouchers: 

Vouchers (promotional codes) are valid for single use only. They are visible under the heading “Vouchers” in “My Account”. Vouchers sent by email will not appear here automatically. Therefore, the Company asks the Customer to save the promotional code to use another time.

They can be used on any brand or sale with the exception of travel sales, tickets, coupons and services and certain articles in THE SHOP that are not eligible.

 

Article 7: Data Protection

In accordance with the French law no. 78-17 of 6 January 1978, it should be noted that personal data entered by the Customer is necessary, in particular for handling orders and creating invoices.

This data may be passed on to any of PrivateSportShop’s partners responsible for order handling and payment.

The following information is required:

-        Last Name,

-        First Name,

-        Email Address,

-        Postal Address,

The Customer will be unable to order from the website without this information.

The website PrivateSportShop is registered with the French National Committee for Data Protection (Commission Nationale de l’Informatique et des Libertés – CNIL) under the declaration number 1487040v0.

In accordance with articles 39 and following of the French law n° 78-17 of 6 January 1978 amended in 2004, concerning information technology and civil liberties, any person may obtain access to and, if applicable, correct or delete information relating to them, by contacting our Customer Service.

This data is used by the Company:

- To inform its Customers and Members via email of upcoming private sales

- To process orders

- To announce special offers

- For all other announcements by partners, if the member has accepted to receive partner offers.


In the event that the Member no longer wishes to receive these emails, he may at any moment:

- Change his subscription settings on the page “My Account / Personal Information";

- Click on the links, which are provided in all emails sent by the Company;

- Send an unsubscribe request by email to info@PrivateSportShop.com or using the “Contact Us” section of the website by selecting “Unsubscribe”.

Additionally, in accordance with the French law on Information Technology and Civil Liberties of 6 January 1978, the Member may at any moment exercise his right to access files, cancel and edit or delete data concerning him by sending a request (indicating his email address, first name and last name):

- By email to info@PrivateSportShop.com or on the “Contact Us” page of the website and selecting “Unsubscribe”;

- By post to the following address: 460, avenue des Bigos, ZI du Salaison - 34740 Vendargues – France.

 

Article 8: Mediation of consumer disputes

The present GCS will be carried out and interpreted in accordance with French law. In the event of a dispute, the Customer should first contact the Company to find an amicable resolution.

In accordance with the French Consumer Code concerning the amicable resolution of a consumer dispute with a professional, the Customer has the right to use the services of a mediator offered free of charge by PrivateSportShop.

PrivateSportShop adheres to MEDICYS, a consumer protection mediator, who can be contacted online (https://app.medicys.fr/?prold=a685e0fd-ce83-41ca-9f84-88abb2a70b88) or alternatively by post (MEDICYS - 73 Boulevard de Clichy - 750009 PARIS-France). Requests need to be drafted in French.

The consumer must demonstrate that he/she has previously tried to resolve the dispute directly with PrivateSportShop's customer service through a written claim by post or email before contacting the mediation service. Once this has been demonstrated, MEDICYS shall begin their impartial investigation of the dispute, in compliance with article L 612-2 of the French Consumer Code.

Judicial dispute resolution will be determined in accordance with common laws.

The customer may also use the European Commission online dispute resolution platform:  http://ec.europa.eu/consumers/odr/ to present any claim. The European Commission will transfer the customer's claim to competent national mediators. 

 

Article 9: General Information

If any provision of the GCS is determined by a court decision to be illegal or unenforceable, the other provisions shall remain in effect.

The information supplied on the Website is binding between the parties. Provisions such as date and time of receipt or issue, as well as the quality of data received, are proven by priority as shown on the servers of the Company, except by written proof and otherwise by the Customer.

The extent of proof of the information sent by the Company’s servers is agreed to be the original in the sense of a written, hand signed document.

The service provider for PRIVATESPORTSHOP SAS is OVH France.

 

Article 10: Intellectual Property

The content of the website www.privatesportshop.com/en (photos, text, design, corporate identity, etc.) is the property of the company Private Sport Shop and its partners and is protected by French and international laws relating to intellectual property rights.

Any complete or partial reproduction of content is strictly prohibited and may constitute as counterfeiting, which is a punishable offense.

 

Article 11: Precontractual Information – Customer Approval

The Customer acknowledges having received notice of these General Conditions of Sale in a clear and understandable manner as well as information concerning article L. 111-1  of the French Consumer Code, prior to submitting an order. In particular:

-     The Product’s main features, to an extent appropriate to the communication medium and the Product concerned;

-     The Product’s price and additional costs (shipping, for example);

-     In the event where the contract is not fulfilled immediately, the date or timeframe in which PrivateSportShop commits to deliver the product;

-     Information regarding the seller’s identity, contact information (address, phone, email), as well as its activities, if not already apparent from the context;

-     Information regarding the legal and contractual guarantees and their means of implementation;

-     The features the digital content and, where applicable, its interoperability;

-     The option to claim conventional mediation in case of dispute;

-     Information regarding the right to cancellation (its existence, conditions, timeframe, how this right may be exercised and a standard cancellation letter), return shipping costs, conditions of termination and other important contractual conditions.

The action of any person ordering on the Website www.privatesportshop.com/en implies full acceptance and adherence to these General Conditions of Sale, that are explicitly acknowledged by the Customer, who relinquishes the right to impose any contradictory document which would be unenforceable against PrivateSportShop.

 

     

 

 

ANNEXE

 ___________________________________________________________

 

CANCELLATION FORM

Article L. 121-18 of the French Consumer Code

 

 

For the attention of the company PRIVATESPORTSHOP SAS

 

Type of product: _____________________________________________________

Ordered on: ________________________________________________________

Order N°: __________________________________________________________

Customer’s First and Last Name: _______________________________________

Customer’s Address: _________________________________________________

__________________________________________________________________

 

I hereby notify you of the cancellation of the sales contract for the above item and do this within the statutory period of 14 days from receipt of order, by way of the following communication methods:

-        Address:
PRIVATESPORTSHOP SAS
460, avenue des Bigos
ZI du Salaison
34740 Vendargues
FRANCE


-        Email: info@privatesportshop.com

 

I acknowledge that the product must be returned clean and intact (that is in perfect condition for resale, not modified or assembled against the manufacturer’s recommendations or taken apart), accompanied by any instructions and accessories (batteries, chargers, cords, etc.) within 14 days from receipt of this cancellation request.

 

 

 

Place ………………….., on ………………………..

 

 

 

Customer’s Signature:

 

 

___________________________________________________________