TERMS OF SALES
ARTICLE 1 - Scope of application
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by OR'IZON ("the Seller") to consumers, non-professional buyers and professional buyers ("The Customers or the Customer"). ), wishing to acquire the products offered for sale by the Seller (“The Products”) on the dearbball.fr Website (“the Website”).
They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by special conditions, set out on the Website, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed.
Modifications to these General Conditions of Sale are binding on users of the Website from the time they are put online and cannot apply to transactions previously concluded.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the Website are as follows:
Sale of ready-to-wear and accessories.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website.
The dimensions of the design prints may vary depending on the sizes ordered for technical reasons. For example, prints on children's sizes will be smaller than adult sizes.
The Customer is required to read it before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and cannot engage the liability of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. .
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
The Products presented on the Website are offered for sale for the following territories:
France, European countries and the United States.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 3 - Validity period of the Product offer
Product offers are within the limits of available stocks, as specified when placing the order.
ARTICLE 4 - Company - Seller Contact Details
The Seller's contact details are as follows:
SAS OR'IZON
With share capital of €20,000
Having its head office at 17 rue de Reitwiller, Gimbrett, 67370 Berstett
Registered with the Strasbourg RCS
Under RCS number 883 838 088
Email address: support@dearbball.fr
ARTICLE 5 - Orders
5-1 . Placing the order
It is up to the Customer to select the Products he wishes to order on the Website, according to the following conditions:
To place an order, the Customer can, if he wishes, identify himself with his email address and password.
Creating an account is not obligatory.
After selecting the products and validating the basket, the Customer must choose the address and delivery method.
Subsequently, the Customer must validate their means of payment.
Any order constitutes acceptance of the prices and descriptions of the Products available for sale. This applies to professional resellers.
The seller acknowledges receipt of the order upon validation by sending an email.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or correct any errors.
Orders are processed 2 hours after orders are placed to ensure fast delivery for all our customers. After the deadline, the process with our service providers is underway and can no longer be stopped. The order will be processed and the package shipped from our warehouse. For professional resellers, any cancellation after this period generates cancellation fees calculated on the amount of the order and the progress of the order process.
Therefore, all requests for cancellation or changes to the order must be made within 2 hours after the order. No exceptions can be made.
Registering an order constitutes acceptance of the general conditions of sale.
This validation implies acceptance of all of these General Conditions of Sale as well as the general conditions of use of the Website .
The sale is only final after sending to the Customer confirmation of acceptance of the order by the Seller by email, which must be sent without delay and after receipt by the latter of the entire price. .
Any order placed, validated by the Customer (implied, without request for modifications or cancellation within the period indicated above) and confirmed by the Seller, under the conditions and according to the methods described above, on the Site The Internet constitutes the formation of a contract concluded remotely between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the Website.
The Seller is not intended to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs. Even if this is entirely possible on request, contractually or not.
The Seller therefore reserves the right to place all orders .
5-2 . Editing the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
Orders are processed 2 hours after orders are placed to ensure fast delivery for all our customers. After the deadline, the process with our service providers is underway and can no longer be stopped. The order will be processed and the package shipped.
Therefore, all requests for cancellation or changes to the order must be made within 2 hours after the order. No exceptions can be made. This applies to professional resellers.
5-3 . Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure .
For resellers , an order placed on the online store constitutes a contract and commits you to respect it, subject to cancellation costs which depend on the value of the order and the progress of the order process.
ARTICLE 6 - Prices
The Products are supplied at the prices in effect appearing on the Website when the order is registered by the Seller.
The prices take into account any reductions that may be granted by the Seller on the Website.
These prices are firm and cannot be revised during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the Website and calculated before placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time the order is validated by the Customer, are entirely their responsibility.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Payment conditions
The price is payable in cash, in full, on the day the order is placed by the Customer. Or in several if payment in several is offered to you during the payment process.
The dispatch of the order and the delivery of the Products ordered are conditional on the actual payment of the Customer.
Payment is made, by secure payment method, according to the following methods:
- by bank cards: Bank Card, Visa, MasterCard, American Express, other bank cards
- by Paypal
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Other payment methods such as Amazon Pay, Apple Pay…
Payment by credit card is irrevocable.
Payment data is exchanged in encrypted mode using the SSL protocol.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
ARTICLE 8 - Deliveries
Article 8.1 deadlines
The Products ordered by the Customer will be delivered in mainland France (excluding the following European countries) within 15 working days from confirmation of the order with effective payment on the Website. These deadlines exclude private sales.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
If the Products ordered have not been delivered within 60 days after the delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy it or reimburse the Customer, as indicated in the article - “Seller's Responsibility - Guarantee”.
Article 8.2 transportation
The Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier as soon as he has delivered the Products sold to the carrier who accepted them without reservation.
The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.
The Customer is required to check the condition of the delivered products. He has a period of 3 days from delivery to formulate in writing (postal mail, e-mail, fax) any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.). ), with all relevant supporting documents (photos in particular).
After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
8.3 Delivery methods
The Seller, when it directly takes charge of the delivery of the products ordered by its Customer on its Website, offers the means of delivery mentioned below.
- At home by….
- By parcel relay
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of thirty (30) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 10 days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on the Website (below), in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to retract.
In the event of exercising the right of withdrawal, the return costs remaining the responsibility of the Customer.
The refund will be made within 14 days (at most) from notification to the Seller of the withdrawal decision.
ARTICLE 11 - Responsibility of the Seller - Guarantee
The OR'IZON PROFESSIONAL carries the legal guarantees of conformity as well as the guarantee of hidden defects.
The Products sold on the Website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
Reimbursement will be made by credit to the Customer's bank account.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 12 - Protection of personal data
In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled, in accordance with the confidentiality policy of the Site , that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Website meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the Website via its confidentiality notice.
ARTICLE 13 - Intellectual property
In accordance with the CGU, the content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 14 - Unpredictability
In the event of a change in unforeseeable circumstances upon conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contractor.
ARTICLE 15 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 612-1) or with existing sectoral mediation bodies , and whose references appear on the Website or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the data processing and freedom law of 1978, in order to to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Liberties.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact for a natural (or legal) person to order on the Website implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
ANNEX I - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property must:
- Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on DEARBBALL unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
I, the undersigned, ……………………………………..(NAME AND FIRST NAME), residing ……………………………. (ADDRESS), hereby notifies you of my withdrawal from the contract referenced below
- Order of ……………………….
- Order number: ............................................. ..............
- Client name : .............................................. .............................
- Customer Address: .......................................... .........................
Signature of the Client (only in the event of notification of this form on paper):
