GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by OR'IZON(“the Seller”) with consumers, non-professional buyers, and professional buyers (“the Customers or the Customer”) wishing to purchase the products offered for sale by the Seller (“the Products”) on the Website dearbball.fr(“the Website”).
They specify, in particular, the conditions of ordering, payment, delivery, and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions stated on the Website before any transaction with the Customer.
These General Terms and Conditions of Sale apply exclusively, excluding all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
They are accessible at any time on the Website and will prevail, if applicable, over any other version or conflicting document.
These General Terms and Conditions of Sale may be subject to later modifications; the version applicable to the Customer's purchase is the one in effect on the Website at the date the order is placed.
Changes to these General Terms and Conditions of Sale are binding on users of the Website from the date they are posted online and cannot apply to transactions concluded beforehand.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the Website are as follows:
Ready-to-wear and accessories trade.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the Website.
The dimensions of printed designs may vary depending on the sizes ordered due to technical reasons. For example, prints on children's sizes will be smaller than those on adult sizes.
The Customer is required to review this information before placing any order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Photographs and graphics displayed on the Website are not contractual and do not engage the Seller's liability.
The Customer must refer to the description of each Product to understand its properties, essential features, and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
Contractual information is presented in French and is subject to confirmation no later than at the time the order is validated by the Customer.
The Products presented on the Website are offered for sale in the following territories:
France, European countries, and the United States.
In the case 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 applicable. They will be the responsibility of and charged solely to the Customer.
ARTICLE 3 - Validity period of the Product offer
Product offers are subject to available stock, as specified when placing the order.
ARTICLE 4 - Company - Seller's Contact Details
The Seller's contact details are as follows:
SAS OR’IZON
With a share capital of €20,000
Having its registered office at 17 rue de Reitwiller, Gimbrett, 67370 Berstett
Registered with the Strasbourg Trade and Companies Register
Under number 883 838 088 R.C.S.
Email address: support@dearbball.fr
ARTICLE 5 - Orders
5-1 . Placing the order
It is the Customer's responsibility to select on the Website the Products they wish to order, according to the following terms:
To place an order, the Customer may, if they wish, log in with their email address and password.
Creating an account is not mandatory.
After selecting products and confirming the cart, the Customer must choose the delivery address and method.
Subsequently, the Customer must validate their payment method.
Any order implies acceptance of the prices and descriptions of the Products available for sale. This applies to professional resellers as well.
The seller acknowledges receipt of the order upon validation by sending an email.
The Customer has the opportunity to review the details of their order, the total price, and correct any errors before confirming acceptance. It is their responsibility to verify the accuracy of the order and immediately report or correct any errors.
Orders are processed 2 hours after being placed to ensure fast delivery for all our customers. After this time, the process with our service providers is initiated and cannot be stopped. The order will be processed and the package shipped from our warehouse. For professional resellers, any cancellation after this deadline will incur cancellation fees calculated based on the order amount and the progress of the order process.
Therefore, all requests for cancellation or changes to the order must be made within 2 hours after placing the order. No exceptions can be made.
Placing an order constitutes acceptance of the general terms and conditions of sale.
This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general terms of use of the Website..
The sale is only final after the Seller sends the Customer an order acceptance confirmation by email, which must be sent without delay and after full payment has been received.
Any order placed, validated by the Customer (meaning, without requests for modifications or cancellations within the time frame indicated above) and confirmed by the Seller, under the conditions and according to the terms described above, on the Website constitutes the formation of a distance contract 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 regarding payment of a previous order.
The Customer can track the progress of their order on the Website.
The Seller does not intend to sell Products on the Website to professionals, but only to consumers or non-professionals for their personal needs. Although this is entirely possible upon request, whether contracted or not.
The Seller therefore reserves the right to all orders.
5-2. Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order is not modifiable.
Orders are processed 2 hours after being placed to ensure fast delivery for all our customers. After this time, the process with our service providers is initiated and cannot 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 placing the order. No exceptions can be made. This applies to professional resellers.
5-3. Order cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, excluding the exercise of the right of withdrawal or cases of force majeure.
For resellers, an order placed on the online store constitutes a contract and commits you to honor it, subject to cancellation fees that depend on the order value and the progress of the order process.
ARTICLE 6 - Prices
Products are supplied at the prices in effect on the Website at the time the order is recorded by the Seller.
The prices take into account any discounts that may be granted by the Seller on the Website.
These prices are fixed and non-revisable during their validity period, as indicated on the Website, with the Seller reserving the right to change prices at any time outside this validity period.
They do not include processing, shipping, transport, and delivery fees, which are charged separately under the conditions indicated on the Website and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than the standard shipping, the additional delivery costs, as they appear at the time of order validation by the Customer, are entirely at their expense.
The payment requested from the Customer corresponds to the total purchase amount, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 7 - Payment Terms
The price is payable in full at the time the Customer places the order, or in installments if installment payment is offered during the payment process.
The shipment of the order and delivery of the ordered Products are conditional on the Customer's effective payment.
Payment is made through a secure payment method, under the following terms:
- via credit cards: Carte Bancaire, Visa, MasterCard, American Express, other credit cards
- via Paypal
-
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 the Seller has effectively received the amounts due.
Furthermore, the Seller reserves the right, in case of non-compliance with the payment conditions stated above, to suspend or cancel the delivery of ongoing orders placed by the Customer.
No additional fees exceeding the costs incurred by the Seller for using a payment method may be charged to the Customer.
ARTICLE 8 - Deliveries
Article 8.1 Deadlines
Products ordered by the Customer will be delivered in mainland France (excluding the following European countries) within 15 business days from the confirmation of the order with effective payment on the Website. These deadlines exclude private sales.
Delivery consists of the transfer to the Client of physical possession or control of the Product.
Unless in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.
If the ordered Products have not been delivered within 60 days after the delivery date, for any reason other than force majeure or the Customer's fault, the sale may be canceled at the Customer's written request under the conditions provided in articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The amounts paid by the Customer will then be refunded no later than fourteen days following the date of contract termination, excluding any compensation or deduction.
In case of non-compliance of the delivered Product, the Seller commits to remedy it or to reimburse the Customer, as stated in the article - "Seller's Liability - Warranty."
Article 8.2 Transport
The Seller assumes the risks of transport and is required to reimburse the Customer in case of damage caused during transport.
Deliveries are made by an independent carrier, to the address provided by the Customer at the time of order and to which the carrier can easily access.
When the Customer has arranged for a carrier of their own choice, delivery is deemed completed upon handing over the ordered Products by the Seller to the carrier, provided the carrier has accepted the sold Products without reservation.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty recourse against the Seller in case of failure to deliver the transported goods.
In case of a specific request from the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional charge, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. They have a period of 3 days from delivery to submit in writing (postal mail, email, fax) any reservations or claims for non-conformity or apparent defect of the delivered Products (for example, damaged or already opened package...), with all related supporting documents (photos in particular).
After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at their expense, Products delivered with proven defects of conformity or apparent or hidden faults duly demonstrated by the Customer, under the conditions provided in articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions of Sale (see warranties, in particular).
8.3 Delivery methods
The Seller, when directly handling the delivery of products ordered by their Customer on their Website, offers the following delivery methods.
- At home by ....
- By parcel pickup point
ARTICLE 9 - Transfer of ownership - Transfer of risk
The transfer of ownership of the Seller's Products will take place upon acceptance of the order by the Seller, marking the agreement of the parties on the item and the price, regardless of the payment and delivery date.
ARTICLE 10 - Right of withdrawal
In accordance with the applicable legal provisions, the Customer has a period of thirty (30) days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay penalties, for exchange or refund purposes, provided that the Products are returned in their original packaging and in perfect condition within 10 days following the notification to the Seller of the Client’s withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, manual...) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products are not accepted for return.
The right of withdrawal can be exercised online, using the withdrawal form available on the Website (hereinafter), in which case an acknowledgment of receipt on a durable medium will be immediately sent to the Client by the Seller, or by any other clear statement expressing the intention to withdraw.
In case of exercising the right of withdrawal, the return costs remain the responsibility of the Client.
The refund will be made within 14 days (at most) from the notification to the Seller of the withdrawal decision.
ARTICLE 11 - Seller’s Liability - Guarantee
The PROFESSIONAL OR’IZON holds the legal guarantees of conformity as well as the hidden defects guarantee.
The Products sold on the Website comply with the regulations in force in France and have performance suitable for non-professional use.
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 conformity guarantee, for Products that are apparently defective, damaged, or do not match the order,
- the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use,
under the conditions and according to the terms set out in the box below and defined in the annex to these General Terms and Conditions of Sale (Conformity Guarantee / Hidden Defects Guarantee).
The refund will be made by credit to the Client's bank account.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country where the products are delivered, which the Client is responsible for verifying,
- in case of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as well as in cases of normal wear and tear of the Product, accident, or force majeure.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.
ARTICLE 12 - Affiliate Program
As part of the DearBBall affiliate program, each promotional code is strictly intended to be shared by the affiliated content creator through their own communication channels (social media, newsletters, personal platforms, etc.) and with their own audience.
This program aims to reward content creation work, authentic recommendations, and direct influence on sales.
Any sharing of an affiliate code on platforms such as general promotional code sites, forums, or any other site not directly related to the concerned content creator is considered a misuse of the affiliate program.
When an affiliate code is suspected of being used improperly, DearBBall reserves the right to suspend or cancel the payment of the associated commissions without prior notice. This measure aims to ensure program fairness and reward creators who genuinely promote the brand.
Furthermore, DearBBall reserves the right not to make a monthly payment when the total amount of commissions due is less than €20.
In this case, payment will be deferred and made once this threshold is reached. This measure helps optimize payment management while maintaining a fair and efficient program operation.
Any attempt at fraud or system manipulation will result in immediate exclusion from the affiliate program.
ARTICLE 13 - Personal Data Protection
Under the amended law 78-17 of January 6, 1978, by law no. 2018-493 of June 20, 2018, it is reminded, in accordance with the Website’s privacy policy, that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other things.
This data may be shared with the Seller’s potential partners responsible for order execution, processing, management, and payment.
The processing of information provided through the Website complies with legal requirements for personal data protection, with the information system used ensuring optimal protection of this data.
The Customer has, in accordance with current national and European regulations, a permanent right of access, modification, correction, objection, portability, and limitation of processing regarding their personal information.
This right may be exercised under the conditions and according to the procedures defined on the Website via its privacy notice.
ARTICLE 14 - Intellectual Property
In accordance with the Terms of Use, the content of the Website 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 offense.
ARTICLE 15 - Unforeseeability
In case of unforeseeable changes in circumstances at the time of contract conclusion, in accordance with the provisions of article 1195 of the Civil Code, the Party that did not agree to bear an excessively onerous performance risk may request a renegotiation of the contract from its counterparty.
ARTICLE 16 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in performance of any of their obligations, as described herein, results from a force majeure event, within the meaning of article 1218 of the Civil Code.
ARTICLE 17 - Applicable law - Language
These General Terms and Conditions of Sale and the resulting transactions are governed by French law.
They are written in French. In the event they are translated into one or more languages, only the French text shall prevail in case of dispute.
ARTICLE 18 - Disputes
All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences, and aftermath, which cannot be resolved between the seller and the customer, will be submitted to the competent courts under common law conditions.
The Customer is informed that they may, in any case, resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references appear on the Website, or to any alternative dispute resolution method (such as conciliation) in case of dispute.
The customer, upon finding that a violation of the General Data Protection Regulation has occurred, has the option to mandate an association or organization mentioned in IV of article 43 ter of the 1978 Data Protection Act, in order to obtain compensation from the data controller or processor before a civil or administrative court or before the National Commission on Informatics and Liberty.
ARTICLE 19 - Pre-contractual information - Customer Acceptance
The act of a natural person (or legal entity) placing an order on the Website implies full and unconditional acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.
ANNEX I - Provisions relating to legal warranties
Article L217-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is responsible for any non-conformity defects existing at the time of delivery. The seller is also responsible for defects resulting from packaging, assembly instructions, or installation when these are the seller’s responsibility under the contract or were carried out under their supervision.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must:
- Be suitable for the usual use of a similar good and, if applicable: correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model
- Have the qualities that a buyer can legitimately expect considering public statements made by the seller, producer, or their representative, notably in advertising or labeling
- Or have the characteristics mutually agreed upon by the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from non-conformity defects expires after two years from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer requests the seller, during the commercial warranty period granted at the time of acquisition or repair of a movable good, to restore it under warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period starts from the buyer's request for intervention or from the availability of the item for repair if this availability is after the intervention request.
Article 1641 of the Civil Code
The seller is liable for hidden defects in the sold item that make it unfit for the intended use, or that so diminish its use that the buyer would not have purchased it or would have paid a lower price if they had known about them.
Article 1648, paragraph 1 of the Civil Code
The action resulting from hidden defects must be brought by the buyer 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 except for exclusions or limits to the right of withdrawal according to the applicable General Terms and Conditions of Sale.
I, the undersigned, ……………………………………..(FULL NAME), residing at ……………………………. (ADDRESS), hereby notify you of my withdrawal from the contract referenced below
- Order from ……………………….
- Order Number: ...........................................................
- Customer Name: ...........................................................................
- Customer Address: .......................................................................
Customer Signature (only if this form is submitted on paper):
