Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Last update on: tuesday 29th june 2021
Article 1 – LEGAL NOTICES
This website, accessible through the URL www.popsgym.fr (the "Site"), is published by:
SAS POPSGYM, having a registered capital of € 10,000, registered with the Trade & Companies Register of Bordeaux under number 898 516 166 with registered offices at 5 allées de Tourny, duly represented by Ms. Pauline Tantot,
(hereinafter referred to as the “Operator”):
The Chief Editor of the Site is Ms. Pauline Tantot.
Article 2 - GENERAL PROVISIONS GOVERNING THESE GENERAL TERMS & CONDITIONS
The general terms and conditions of sale ("General Terms and Conditions of Sale", or "GTC") apply only to the online sale of products offered by the Operator on the Site.
The GTC are available to customers on the Site, where they can be viewed directly and may also be forwarded to them on request notified by any means.
The GTC are binding on the customer who, by ticking a box or by clicking on the button provided for this purpose, acknowledges that he/she has been made aware of them and has accepted them before proceeding to place an order. By confirming and submitting the order, the purchaser implicitly accepts the GTC applicable at the time of the order, as maintained and reproduced by the Operator.
Article 3 – PRODUCT DESCRIPTIONS
The Site is an online sales site for sportswear and loungewear (hereinafter referred to as the "Product(s)") and is open to any natural or corporate person using the Site (the "Customer").
Each Product offered for sale on the Site features in a description (written by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their main attributes. The photographs illustrating the products, if any, are not contractually binding. Where essential, instructions for using the Product are provided on the Site or are sent at the latest upon delivery. The Products comply with the provisions of applicable French laws.
The Customer remains responsible for the methods and consequences of his/her use of the Site, particularly via the Internet. Customers’ use of the Site may imply payment of fees to technical service providers such as Internet Service Providers (ISPs), which remain at the user's expense. Furthermore, the Customer shall provide and be fully responsible for the hardware required to connect to the Site.
The Customer acknowledges that he/she has ascertained that the hardware configuration he/she uses is secure and in good working order.
Article 4 – CREATING A CUSTOMER AREA
To place an order on the Site, the Customer must first create a personal customer area. Once the Customer has created his/her area, he/she must sign in using his/her secret, personal and confidential login and password. The Customer is responsible for not disclosing his/her login and password as stated in the provisions of the article PERSONAL DATA in these General Terms and Conditions. The Customer undertakes to maintain strict confidentiality regarding the data, notably the login and password used to access his/her customer area, and acknowledges that he/she is solely responsible for accessing the Service using his/her login and password, unless fraud is proven. Each Customer also undertakes to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of his login and/or password.
After creating his/her personal customer area, the Customer will receive an email confirming that his/her customer area has been created.
When signing up, Customers undertake to:
- provide real, accurate and up-to-date information at the time it is entered in the service's sign-up form, and notably not to use false names or addresses, or unauthorised names or addresses.
- keep their registration data up to date to ensure that it is real, accurate and up-to-date at all times.
In addition, Customers undertake not to make available or distribute any illegal or objectionable information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). If this is not the case, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 – ORDERING
The Operator shall endeavour to ensure optimum availability of its Products. Product offers are valid while stocks last.
If, despite the Operator’s best efforts, a Product becomes unavailable after the Customer has placed an order, the Operator will inform the Customer by email as promptly as possible and the Customer will have the choice between:
- the delivery a Product of equivalent quality and price to that originally ordered, or
- a refund of the price of the Product ordered at the latest within thirty (30) days of payment of the amount already paid.
The Customer accepts that apart from the reimbursement of the price of the unavailable Product, if the Customer requests this option, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
Unless otherwise provided for in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the Products and add them to his/her basket, indicating the Products selected and the quantities desired. The Customer can check the details of his/her order and its total price, and can return to the previous pages to correct the contents of his basket if necessary, before submitting it.
before paying for his/her order, the Customer undertakes to read the General Terms and Conditions of Sale applicable at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges. Confirmation of the order implies acceptance of the GTC and constitutes a contractual undertaking.
The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest by the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to the email address that the Customer uses to sign in to his/her customer area.
The Operator reserves the right not to accept the Customer's order for any legitimate reason, notably if:
- The Customer fails to comply with the General Terms and Conditions applicable at the time of ordering;
- The Customer's order history shows that there are unpaid amounts from previous orders;
- One of the Customer's previous orders is subject to a dispute currently being processed;
- The Customer has not responded to an order confirmation request sent by the Operator.
The Operator will archive contracts for the sale of Products in accordance with the applicable legislation. By sending a request to the following address [email protected] the Operator will provide the Customer with a copy of the contract for which the request is made.
Any changes to the order made by the Customer after confirming the order are subject to the Operator’s agreement.
The information provided by the Customer when placing an order (notably name and delivery address) is binding. Therefore, the Operator shall not be held liable in any way if an error in the ordering process prevents or delays delivery/hand-over.
The Customer warrants that he/she enjoys full legal capacity to enter into commitments under these General Terms and Conditions.
Adults of legal age and minors, provided that they are under the supervision of a parent or guardian with parental authority, may sign up for a user account. Under no circumstances may users sign up on behalf of third parties unless they are validly entitled to represent them (e.g. a company). Each Customer signs up strictly in his/her own personal capacity.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price in exchange for the provision of the Product ordered.
In all circumstances, the Operator reserves the right to check the validity of the payment before shipping the order, by any means it chooses.
The Operator uses Stripe, PayPal and ApplePay online payment solutions.
Orders can be paid for using one of the following payment methods:
- Credit card payment. Payment is made directly on the secure bank servers of the Operator's bank; the Customer's bank details never pass through the Site. The bank details given at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. Therefore, these details are not accessible to third parties.
The Customer's order is registered and validated as soon as the payment is accepted by the bank.
The Customer's account will only be debited by the relevant amount once (i) the details of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
Any inability to debit the amounts due will result in the immediate cancellation of the sale.
Notably, the credit card may be refused if it has expired, if it has reached the Customer’s expenditure limit or if the data entered is incorrect.
- Electronic wallet payments (including Paypal and ApplePay). When the Customer already has an account with the e-wallet provider used by the Operator. The Customer can use this account and pay for his/her order in complete security without disclosing his/her bank details.
Where applicable, the order submitted by the Customer will only be considered effective when the secure bank payment centre has cleared the transaction.
As part of the verification procedures, the Operator may need to ask the Customer for all the documents necessary to finalise the order. These documents will not be used for any other purpose.
Article 7 – PAYMENT
The price of the Products applicable at the time of ordering is stated in euros including VAT but excluding delivery and shipping costs. When the Site features a promotion, the Operator undertakes to apply promotional prices to any order placed during the period in which the promotion is advertised.
The price is payable in euros (€) or US dollars ($). The price is payable in full after confirmation of the order. The prices quoted include any discounts and rebates that the Operator may grant.
If delivery or shipping costs apply, they will be added to the price of the Products and displayed separately before the Customer confirms the order. The total amount due by the Customer and its details are shown on the order confirmation page.
Article 8 – CONTRACT FORMATION
The contract between the Operator and the Customer is formed when the Customer sends the order confirmation.
The Customer's attention is drawn to the method of acceptance of orders placed on the Site. When the Customer places an order, he/she must confirm it using the "two click" procedure, i.e. after selecting the Products to be added to the basket, the Customer must then check and, if necessary, correct the contents of his/her basket (choice and quantity of products, price, shipping methods and costs) before submitting it by clicking on "confirm delivery". The Customer then acknowledges acceptance of these GTC before clicking on the "Pay" button. Lastly, the Customer submits the order after having filled in his/her bank details. The "two click" procedure is an electronic signature and is equivalent to a handwritten signature. It signifies irrevocable and unconditional acceptance of the order by the Customer.
Communications, purchase orders and invoices are archived by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data collected by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium if:
- a Product that does not comply with the Product features as stated of the Site is delivered;
- delivery exceeds the deadline as stated in the purchase order or, if no deadline is stated, within thirty (30) days of entering into the contract, after the Operator has been requested, using the same methods and without result, to make the delivery within a reasonable extension period;
- a price increase occurs that is not justified by a technical change to the product imposed by the public authorities.
In all these cases, the Customer may ask for a refund of the deposit paid plus interest calculated at the legal rate from the date of payment of the deposit.
The order may be cancelled by the Operator if:
- the purchaser refuses delivery;
- the price (or the balance of the price) is unpaid at the time of delivery.
Article 9 – RETENTION OF TITLE
The Operator remains the sole owner of the Products ordered on the Site until the full price has been paid, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The goods offered for sale on the Site are available to consumers residing in France, in the European Union and outside the European Union.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator provides various delivery methods depending on the nature of the product: DHL express, Colissimo or delivery to parcel pick-up points.
Shipping costs are those stated when the order is finalised and are considered as accepted when the order is submitted.
In accordance with the delivery deadline indicated on the Site for each of the Products, the Operator undertakes to deliver the Products within a maximum of thirty (30) days after receiving the order.
Delivery times are stated in working days on the Site at the time of ordering. These times include preparation and dispatch of the order as well as the shipment time required by the carrier.
The Operator undertakes to dispatch the Products in accordance with the deadlines stated on each Product data sheet and in the shopping cart, provided that payment has not been previously refused.
However, if one or more Products could not be delivered within the deadline initially stated, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address entered by the Customer when ordering. It is therefore up to the Customer to check that this address is free of any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
On delivery, the Customer may be asked to sign a receipt.
No delivery will be made to a PO box.
On delivery, it is the Customer's responsibility to check that the Products delivered match the order and that the package is sealed and undamaged. If this is not the case, the Customer must record this on the delivery note. No complaints regarding the quantity or condition of the Product will be accepted if the claim has not been recorded on the delivery note.
Article 11 – RIGHT OF WITHDRAWAL
If the Customer is not completely satisfied with a delivered Product, he/she may return it to the Operator without stating a reason. The Customer shall have fourteen (14) days to do so from the date of receipt of the order.
Pursuant to Article L.221-21 of the Consumer Code and to implement this right of withdrawal in the terms of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form as follows:
"For the attention of SAS POPSGYM
email: [email protected]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the sale contract for the following goods (*)/services (*):
ordered on (*)/received on (*):
Consumer(s)’s name :
Consumer(s)’s signature (only if the form is notified by hardcopy):
(*) Delete as appropriate.”
The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.
Where applicable, the Customer may implement his/her right of withdrawal by notifying the following information to the Operator:
- name, physical address, telephone number and e-mail address ;
- the decision to withdraw worded unambiguously (e.g. by postal letter, fax or e-mail provided that these contact details are stated and therefore appear on the standard withdrawal form). The Customer may use the standard withdrawal form, but this is not obligatory.
The return shipping costs shall be borne by the Customer, unless the goods cannot normally be returned by post, in which case the Operator shall collect the goods at its expense.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, notably where the order is a contract for the provision of:
- goods likely to deteriorate or expire quickly;
- goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- goods which, once delivered and by definition, form an inseparable part of other items;
The returned Product must be in its original packaging, in perfect condition, fit for resale, unused and with all accessories, if any were delivered.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer plus the order number and the original purchase invoice.
The Operator will refund the amount paid for the Product to the Customer within fourteen (14) days of receipt of the Product and all the details required to successfully refund the Customer. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their orders using a credit note / gift voucher may be reimbursed using credit notes / gift vouchers at the Operator's discretion.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he/she has been informed of the withdrawal procedures.
Article 12 – CUSTOMER SERVICE
Customers can contact the Operator:
- by email at [email protected]. Please state your name, telephone number, the subject of your request and the relevant order number .
Article 13 – INTELLECTUAL PROPERTY AND LICENCE TO USE THE SITE
The Operator is the sole owner of all the elements on the Site, including but not limited to all texts, files, images, whether animated or not, photographs, videos, logos, drawings, designs, software, trademarks, visual identities, databases, Site design and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating notably to intellectual property.
Therefore, none of the Elements of the Site may be edited, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in exchange for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorisation of the Operator on a case-by-case basis, and the Customer is solely liable for any unauthorised use and/or exploitation thereof.
The Operator reserves the right to take legal action against any person who fails to comply with the prohibitions contained in this article.
Article 14 – LIABILITY AND WARRANTY
The Operator cannot be held liable for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts, or due to an unforeseeable and overwhelming act of any third party.
The Customer acknowledges that the inherent features and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions across the Internet. Therefore, the Operator does not guarantee that the Site and its services will function without interruption or technical errors. Notably, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
The Operator cannot be held liable for any use that may be made of the Site or its services by Customers in violation of these General Terms and Conditions and for the direct or consequential damage that this use may cause to a Customer or third party. Notably, the Operator cannot be held liable for misrepresentations made by a Customer or his/her behaviour towards third parties. If the Operator is held liable because of such behaviour by one of its Customers, the latter undertakes to hold the Operator harmless against any sentence that may be handed down against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in its defence.
Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code, and the latent defect warranty provided for in articles 1641 to 1649 of the Civil Code.
When you bring action under the legal guarantee of conformity:
- you have a period of two (2) years from the delivery of the goods to bring an action;
- you can choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
- you are not under the obligation to prove the existence of the lack of conformity of the goods for a period of twenty-four (24) months following the delivery of the goods (except for second-hand goods).
- You may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. If you do so, you can choose between cancelling the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as applicable at the date of these General Terms and Conditions of Sale:
Art. 217-4 of the Consumer Code:
"The seller shall deliver goods in compliance with the contract and shall be liable for any lack of compliance existing at the time of delivery. He shall also be liable for any non-compliance resulting from the packaging, the assembly instructions or the installation when the latter was under his responsibility by the contract or was carried out under his responsibility. "
Art. L.217-5 of the Consumer Code:
"The goods are compliant with the contract:
1° When they are fit for the use normally expected of similar goods and, where applicable:
- they match the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- they have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in view of advertising claims or labelling;
2° Or, when they exhibit the features defined by mutual agreement between the parties or are suitable for any special use required by the buyer, brought to the attention of the seller and accepted by the latter. "
Art. L.217-7 of the Consumer Code:
"Non-conformities which appear within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may contest this presumption if it is not compatible with the nature of the goods or the claimed non-conformity. "
Art. L.217-9 of the Consumer Code:
"In the event of non-compliance, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost which is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not selected by the buyer.
Art. L.217-12 of the Consumer Code:
"An action resulting from a defect is time-barred two years from the delivery of the goods. "
Art. 1641 of the Civil Code:
“A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”
Art. 1644 of the Civil Code:
“In the cases of Articles 1641 and 1643, the buyer has the choice either of returning the thing and having the price repaid to him or of keeping the thing and having a part of the price repaid to him.
Art. 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice"
Attempting to find amicable solutions prior to possible legal action does not interrupt the periods of action of the legal guarantees nor the duration of any possible contractual guarantee.
Article 15 – AFTER SALES SERVICE
After-sales services provided by the Operator and not covered by the commercial warranty are provided under a contract, a copy of which is given to the Customer.
Warranty claims should be sent to the customer service department at the following address:
- email: [email protected]
Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the complaint by the after-sales service.
The Customer will be refunded for the return postage costs within thirty (30) days of receipt of the product by the Operator.
Article 16 – LOGISTICS
Any return of parcels, goods or products shall be addressed to TREDELOG AGENEAU GROUP 6 ALLÉE JEAN BEAULIEU 49800 TRELAZE FRANCE, in its capacity as stock and parcel dispatch manager for KHASSANI SWIMWEAR.
Article 17 – PERSONAL DATA
Article 18 – HYPERTEXT LINKS
The hypertext links displayed on the Site may point to third-party sites not published by the Operator. They are provided solely for the Customer’s convenience to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will exit the Site and will then agree to use the third party sites at his/her own risk or in accordance with the terms and conditions governing them.
Therefore, the Operator cannot be held liable in any way whatsoever for these hypertext links.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link displayed on the Site which points to a third party site proposing content contrary to the law and/or moral standards.
The Customer may not use and/or insert a hyperlink to the site without the prior written consent of the Operator on a case by case basis.
Article 19 - PARTIAL INVALIDITY
If one or more clauses of these general terms and conditions are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent court, the other clauses shall remain entirely valid and shall retain their full scope.
Article 20 - DISPUTES
The Operator’s liability is, in any case, limited to the total amount of the order and cannot be held liable for simple errors or omissions which may have remained remained despite all the precautions taken in the presentation of the products.
The Operator shall not be liable to any member or third party for any indirect damage, loss of business, profit or turnover, arising in any way whatsoever, even if such damage or loss or injury was foreseeable by The Operator, or if its eventuality had been brought to its attention.
ARTICLE 21 – GENERAL PROVISIONS
These General Terms and Conditions form a contract governing the relationship between the Customer and the Operator. They form the entirety of the rights and obligations of the Company and the Operator relating to their purpose. If one or more clauses of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent court, the other clauses shall remain entirely valid and shall retain their full scope. Furthermore, if one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions, this shall not be interpreted as a waiver of any subsequent breach in the future.
CHANGES TO THE TERMS AND CONDITIONS
The Operator reserves the right to modify the content of the Site or the services available on it, at any time and without notice, and/or to cease temporarily or permanently to operate all or part of the Site.
Furthermore, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before using the Site.
The Customer acknowledges that the Operator shall not be liable in any way whatsoever to the Customer or to any third party as a result of such changes, suspensions or terminations.
The Operator advises the Customer to save and/or print out these General Terms and Conditions for safe and durable storage, so that they can be invoked at any time during the performance of the contract, as may be the case.
COMPLAINTS - MEDIATION
In the event of a dispute, you should first contact the company's customer service department at the following address: [email protected]
If a complaint cannot be sent to the customer service department or in the absence of a response from this department within ten (10) days, the Customer may submit the dispute relating to the purchase order or these GTC between him/her and the Operator to the following mediator:
CM2C, 14 rue Saint Jean 75017 Paris.
The mediator will attempt, independently and impartially, to consult with the parties in order to reach an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
These General Terms and Conditions are governed, construed and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges that he/sahe has carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the clauses of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which, dated to that day, can be sent to the Customer on request. It is therefore specified that any changes made to the General Terms and Conditions by the Operator will not apply to any order made previously, except with the express agreement of the Customer who placed a given order.
15 days to return