GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale will apply, to the exclusion of any other terms, between “ATHOM Athletes on the mat”, hereinafter referred to as “the Seller” and any natural person performing a purchase on the www.athletesonthemat.co.uk Website, hereinafter referred to as “the Buyer”.
These General Terms and Conditions of Sale provide details to all potential customers about the terms and conditions governing the sale and delivery of the items ordered on the one hand, and the rights and obligations of the parties in connection with the sale of items by the Seller to the Buyer.
Consequently, when ordering an item sold by www.athletesonthemat.co.uk the Buyer accepts and agrees with all the clauses of these general terms and conditions and declares that he/she has read and understood said general terms and conditions prior to placing his/her order.
The Buyer certifies that he has full legal capacity to enter into a binding agreement under these general terms and conditions.
The Seller reserves the right to amend these general terms and conditions at any time, provided that the subsequent changes can be found on its website at www.athletesonthemat.co.uk.
2. Access to the website and customer service
The Buyer is responsible for setting up the appropriate IT and telecommunication means allowing access to www.athletesonthemat.co.uk and the customer service. The Buyer will bare all telecommunications costs to connect to the internet and use the website.
3. Customer service
For any details or inquiries, our customer service is available per email: email@example.com
4. Compliance and availability of items
If the item delivered is different than that ordered (non compliant), the Buyer must file a claim by registered mail with return receipt requested within a seven-day period after signing the delivery note. The Seller agrees to issue a refund or change the items that do not comply with the Buyer’s order. In such case, the Seller requests that the Buyer provide details, in writing and return the item(s) after written approval by the Seller. The Seller will change the items or issue a refund. The Seller will issue a refund for the delivery costs based on the invoiced amount and the costs incurred for returning the items will also be subject to a refund. In any case, the Buyer will be covered by the legal warranty, including a warranty against latent defect. After the seven-day period, the items delivered will be considered to be compliant with the order and accepted by the Buyer.
5. Availability of items
In accordance with Article L.111-1 of the French Consumer Code, the Buyer can find details on the website, prior to placing his/her order, about www.athletesonthemat.co.uk, about the main characteristics of the item(s) that he/she is considering to order. The offers advertised by the Seller on www.athletesonthemat.co.uk are valid within the limits of available stock. The Seller reserves the right to adjust the product range in case of supply chain constraints. If an item included in an order is unavailable, the Seller will notify the Buyer as soon as possible. In accordance with Article L. 121.20.3 of the French Consumer Code, the Seller may, in said circumstances, provide an item of equivalent quality and price. Should the Seller not exercise such right, the Buyer will receive a refund corresponding to the amount paid, in a timely manner and no later than 30 days after his/her payment.
The prices displayed on www.athletesonthemat.co.uk are denominated in euros and include all tax.
Prices do not include shipping costs. These are charged in addition to the price of the items ordered. Shipping costs will be displayed before order validation by the Buyer. Please note that any custom duties or other local tax which could apply will be borne by and are the sole responsibility of the Buyer. The Seller reserves the right to change the prices at any time. However, the Seller agrees to invoice the goods ordered at the prices displayed at the time the order was placed.
The Buyer declares that he/she has read and agrees with these General Terms and Conditions of Sale prior to placing his/her order. Order validation by the Buyer means acceptance of these General Terms and Conditions of Sale. Once the Buyer has confirmed his/her order by clicking the “Check out” button, he/she is deemed to have accepted, in full, after making an informed decision, these General Terms and Conditions as well as the prices, volumes and quantities of items for sale and ordered. Unless the contrary is proved, the data saved by the Seller constitutes evidence of the transactions recorded by the Seller and its customers.
Payment for the Items is processed via PayPal or STRIPE.
The price is payable in full and through a single payment at the time of the order.
9. Ownership disclaimer
The items remain the sole and entire property of the Seller until the price has been paid in full.
The items ordered are sent to the address provided by the Buyer when placing his/her order. All deliveries are subject to a notification per email. The maximum delivery time is equal to 10 days after the items are ordered from the website (excluding pre-orders). In the event of a late delivery exceeding seven days, provided that such delay is not due to force majeure, the Buyer has the right to cancel his/her order. Subsequently, a refund would be issued for said order within 30 days.
11. Right of withdrawal
In accordance with Article L. 121-20 of the French Consumer Code, the Buyer has seven clear days as from the reception date, to return at his/her own expense, the items ordered and obtain a refund. The items must be returned to the seller in a perfect state allowing for sale, in their original state and with the corresponding invoice supporting the purchase.
In the event that the seven-day period expires on a Saturday, Sunday or bank holiday, said period will be extended to the next business day.
No deteriorated or damaged items, or items whose packaging is damaged will be eligible for a refund or an exchange. When exercising his/her withdrawal right, the Buyer will have two options: he/she may elect to be refunded either in cash or by credit cashed to the bank card used to pay the initial order or, if this proves impossible, by cheque or coupon.
After receiving his/her order, the Buyer has a ten-day period to return an item. After this period, the items delivered are deemed to be compliant and accepted by the customer, and the Buyer reserves the right to refuse an exchange, a credit note or a refund.
Items must be returned in their original packaging with the invoice corresponding to their purchase.
13. Warranties and Liability
In the event that the Seller delivers a non-complaint item or an item showing a latent defect, the Seller agrees to issue a refund to the Buyer amounting to the price of the item or, to exchange the item for an identical one subject to available stock or, to exchange it for an item of equivalent quality and price, subject to available stock.
These provisions do not only pertain to the right of withdrawal laid down in Article 11 of these General Terms and Conditions of Sale.
Items which have been subject to modifications, repairs, integrations or add-ons by the Buyer or any other person not duly authorised by the supplier of said product or service, are not are not covered by warranty.
Warranty will not cover visible defects.
Warranty will not cover products and services damaged during the shipping process or due to misuse.
The Buyer will not be liable in the event of non compliance with a contractual obligation in case of unforeseen circumstances or force majeure, within the meaning of existing legal precedents.
14. Personal data
The Seller agrees to secure the privacy of the personal data entered by the Seller on the website and to ensure they are processed in accordance with the French Data Protection Act of 6 January 1978 (loi Informatique et Libertés).
In accordance with the French Privacy Act No. 78-17 of 6 January 1978, the Buyer has the right to access, modify, object to, correct or delete the file containing his personal data by sending a request by email to firstname.lastname@example.org or by mail to ATHOM – Athletes on the mat, 39 Rue Danièle Casanova 91700 Sainte-Geneviève-des-Bois – France.
15. Intellectual Property
ATHOM – Athletes on the mat is a trademark registered with the French Patent and Trademark Office (INPI). The entire content of this website is the sole property of ATHOM – Athletes on the mat. None of its contents may be reproduced or represented without ATHOM Athletes on the mat’s prior written consent. Despite all the attention and care brought to the publication of the content of www.athletesonthemat.co.uk and the regular updates performed, the information and/or documents presented could contain errors. ATHOM – Athletes on the mat cannot guarantee the accuracy, completeness or correctness of the information made available on this website and in no case may the issuer be held liable for any possible errors. If you see any errors, please send a notification by email to: email@example.com so that we can make the appropriate corrections. The Seller reserves the right to correct the content at any time and without any prior notice.
16. Applicable law and jurisdiction
This agreement is governed by French law. This agreement is drafted in French. The Courts of France shall have exclusive jurisdiction in relation to any claim.
17. Changes to the General Terms and Conditions of Sale
The Seller reserves the right to amend these General Terms and Conditions of Sale at any time. In the event of modification, the revised General Terms and Conditions will apply to all orders.
18. Legal notice
S.A.S MOTHA with share capital of €7,500
Address: 39 rue Danièle Casanova, 91700 Sainte-Geneviève-des-Bois – France
SIRET number: 820 054815 00015
VAT number: FR17 820054815
Hosting provider: www.ovh.com
Person responsible for the content published: Patrick LUCIEN