1) Scope of application
The present General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded between, on the one hand, the company ALL SPORT VINTAGE, SARL with a capital of 1000 euros, headquartered in Villemolaque (66300) 6 rue du Canigou, registered in the PERPIGNAN Trade and Companies Register under the number 91336736300011, whose intra-community VAT number is FR26913367363 and, on the other hand, the company ALL SPORT VINTAGE, SARL with a capital of 1000 euros, registered in the PERPIGNAN Trade and Companies Register under the number 91336736300011, whose intra-community VAT number is FR26913367363.
E-mail address: allsportvintage@gmail.com
Telephone number: 04 68 35 14 65
hereinafter referred to as “the Vendor
and persons wishing to purchase products offered for sale by the Vendor on its website http://www.allsportvintage.fr.
hereinafter referred to as “the Customer”.
These conditions apply to the exclusion of all other conditions.
These General Terms and Conditions of Sale are accessible at all times on this website; they are transmitted electronically to the Customer when the order is placed and will prevail, where applicable, over any other version or any other contradictory document.
In accordance with the provisions of article 1369-1 of the French Civil Code, these general terms and conditions of sale may be retained by any person visiting the www.allsportvintage.fr website by means of a computer record, and may also be reproduced by the customer by means of a printout.
In the absence of proof to the contrary, the data recorded by the Vendor constitutes proof of all transactions.
Product offers are subject to availability. Information on product availability is provided when the order is placed.
Changes to the General Terms and Conditions of Sale apply to users of the www.allsportvintage.fr website from the date they are posted online, and cannot be applied to transactions concluded previously.
Validation of the order by the purchaser implies unconditional acceptance of these General Terms and Conditions of Sale.
2) Controls
To place an order remotely, the Customer must have a valid e-mail address, which is required to receive a copy of these General Terms and Conditions of Sale and the order confirmation, sent by e-mail.
Before placing an order, the customer must fill in the identification form with all his contact details.
It is the customer’s responsibility to select the products they wish to order on the www.allsportvintage.fr website, according to the methods indicated.
All the stages necessary for the sale will be specified on the www.allsportvintage.fr website in accordance with the provisions of article 1369-1 of the French Civil Code. In application of the provisions of article 1369-2 of the French Civil Code, the order is summarized with the description and quantity of the products ordered, enabling the customer to check the details of his order and its total price, and to correct any errors, before confirming his order to express his acceptance. Once the customer has validated his/her order, the Vendor will acknowledge receipt without delay and exclusively by electronic means, to the address communicated by the customer.
Before validating the order, it is the Customer’s responsibility to check that it corresponds to his/her wishes in terms of product quality and quantity.
The sale will be considered final only after confirmation of payment by the Customer of the order, it being hereby recalled that confirmation of the order implies acceptance of these general conditions of sale, acknowledgement of full knowledge thereof and waiver of any other conditions of purchase or sale. In addition, the Customer’s validation of his online order constitutes signature and proof of his consent to the said order.
Any modifications to the order made by the Customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that they are notified by e-mail less than 24 hours before the order is dispatched. The Vendor will notify the Customer by e-mail whether or not the order modification has been accepted.
After dispatch, any modification of the order by the Customer cannot be taken into consideration.
The automatic recording systems of the www.allsportvintage.fr website are considered as proof of the nature, content and date of the order and transaction.
3) Product customization
The customer may also order a personalization of the Product ordered on the www.allsportvintage.fr website, by choosing one of the engraving proposals created according to the customer’s wishes, and it will be possible to make image, color or text correction and layout modifications on a two-way basis only. The Vendor undertakes to respect the Customer’s taste and wishes to the best of his knowledge, but reserves the right to refuse any modification or order which is not in the spirit of his creations. Prices for creations will be paid when the order is placed, and will not be refunded in the event of cancellation of the order.
Where applicable, the Customer undertakes to hold the reproduction rights for the brand, logo, image, signature or other which he/she requests to be engraved on the Product, the Vendor in no way guaranteeing the Customer against the consequences of any nature linked to non-compliance with the provisions of the Intellectual Property Code.
The Vendor reserves the right to ask the Customer to produce all necessary authorizations for any official or other documents if this proves necessary prior to engraving.
4) Price list
Products are supplied at the current prices shown on the site when the order is registered by the Vendor. Prices are given in Euros, excluding VAT and including VAT at the rate in force on the day of the order, excluding shipping costs.
These prices are firm and non-revisable during their period of validity, as indicated on the www.allsportvintage.fr website. They do not include processing, shipping, transport and delivery charges, which are invoiced extra.
An invoice is issued by the Vendor and given to the Customer upon delivery of the products ordered.
5) Terms of payment
The price is payable in full on the day the order is placed by the Customer, via the BNP PARIBAS credit card payment platform.
The Vendor shall not be obliged to deliver the products ordered by the Customer if the Customer does not pay the Vendor the full price in accordance with the above conditions.
The Customer’s account will only be debited when the order is dispatched.
Payments made by the Customer will not be considered final until the Seller has received the sums due.
In addition, the Vendor reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.
6) Shipping and delivery
Products purchased by the Customer will be delivered exclusively in mainland France, within a maximum of 7 working days from the date of order, to the address indicated by the Customer when placing the order on the website. Except in special cases or when one or more products are unavailable, all products ordered will be delivered at once.
It is the Customer’s responsibility to provide, at the time of ordering, as accurately as possible, all the details necessary for the correct routing of the delivery.
It is also the Customer’s responsibility to be present or represented at the place of delivery on the date and at the time indicated.
The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the times specified above. However, these delivery times are given as an indication only, and any failure to meet them shall not give rise to any damages, withholding or cancellation of the order by the Customer. However, if the products ordered have not been delivered within 7 working days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Customer or the Vendor. Any sums paid by the Customer will then be refunded without delay, to the exclusion of any compensation, deduction or damages.
Delivery is deemed to have taken place as soon as the products ordered have been handed over by the Vendor to the Customer, who must then sign the delivery note presented to him. At the time of delivery, the Customer is responsible for checking that the goods conform to the order.
Delivery costs are calculated by the site. The variation of the price is linked to the weight of the order.
In the event of a special request from the Buyer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Buyer.
The customer must check the condition of the products delivered. The customer has 48 hours from the date of delivery to express in writing (by post, e-mail or fax) any reservations or claims for non-conformity or apparent defects in the products delivered, together with all supporting documents. Once this period has elapsed and if these formalities have not been complied with, the products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will replace, as soon as possible and at its own expense, any products delivered which the Customer has duly proved to be defective or lacking in conformity.
If the customer changes his mind, he will be responsible for the return costs.
7) Warranty
The products supplied by the Vendor benefit, in accordance with legal provisions, from the legal guarantee of conformity, the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear, accident or force majeure, and the Vendor’s warranty is limited to the replacement or reimbursement of non-conforming or defective products.
Any warranty is also excluded in the event of variation or non-uniformity in the shade of the Product itself, as well as in the engraving that may be applied at the Customer’s request.
In order to assert its rights, the Customer must inform the Vendor, by e-mail or by registered letter with acknowledgement of receipt, of the existence of the defects as soon as possible after their discovery, on pain of forfeiture of any action relating thereto.
The Seller will replace or have repaired any products or parts under warranty found to be defective. The products sold on the website comply with the regulations in force in France. The Vendor cannot be held responsible for non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check.
The photographs and illustrations accompanying the products on the www.allsportvintage.fr website have no contractual value and therefore do not engage the responsibility of the Vendor.
The customer is solely responsible for the choice of products, their storage and use.
The Seller shall not be held responsible or liable for any delay or non-performance resulting from force majeure.
Moreover, for all stages of access to the site, the ordering process, delivery, customer service or subsequent services, the Vendor is only obliged to use its best endeavours. The Vendor shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure.
8) Customer service
For any information or questions, the Seller’s Customer Service can be contacted by telephone from Monday to Friday, 10:00 to 12:00 and 14:00 to 17:00, on 04 68 35 14 65 for order tracking and returns; for any other questions; by email at the following address: allsportvintage@gmail.com by post to ALL SPORT VINTAGE Service Clients, VILLEMOLAQUE (66300) 6 rue du Canigou.
9) Transfer of ownership – Transfer of risk
The transfer of ownership of the Vendor’s products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said products.
On the other hand, the transfer of the risks of loss and deterioration of the Vendor’s products will take place upon delivery and receipt of said products by the Customer.
10) Right of withdrawal
In accordance with the provisions of article L 121-20 of the French Consumer Code, the Customer has a cooling-off period of 14 clear days from delivery of the products to return them to the Vendor, at the address specified above, for exchange or reimbursement without penalty, provided that the products are returned in their original packaging and in perfect condition. Damaged, soiled or incomplete items will not be accepted.
Return shipping costs are the sole responsibility of the Buyer.
The return of products must be accompanied by a return form, available on the site, and the invoice.
The exchange (subject to availability) or refund will be made within THIRTY (30) days of receipt by the Vendor of the items returned by the Customer.
However, this right of withdrawal cannot be exercised when the Product has been manufactured or customized according to the Customer’s particular specifications, in particular when the Customer has ordered one or more engravings on the Product ordered.
11) Data protection
In application of law 78-17 of January 6, 1978, we remind you that the personal data requested from the customer is necessary for processing the order and, in particular, for issuing invoices.
The processing of information communicated via the Vendor’s site has been declared to the CNIL.
In accordance with national and European regulations in force, the Buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
12) Intellectual property
The content of the site is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Vendor retains ownership of all intellectual property rights to studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) with a view to supplying Products to the Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models, prototypes, etc., without the Vendor’s express prior written authorization, which may be subject to a financial consideration.
13) Applicable law – Language
By express agreement between the parties, this contract is governed by and subject to French law.
It is written in French. Should it be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
14) Disputes
All disputes arising from this contract, concerning its validity, interpretation, performance, termination, consequences and consequences thereof, shall be submitted to the competent courts under the conditions of ordinary law.
15) Customer acceptance
The fact that a natural person (or legal entity) places an order on the Vendor’s website implies full acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against the Vendor.
