GENERAL CONDITIONS
GENERAL CONDITIONS
1. PURPOSE
These general conditions of sale aim to define the rights and obligations of CLUB PETANQUE and the Customer of the product presented by CLUB PETANQUE on its website www.clubpetanque.com (hereinafter “the Site”).
They apply exclusively between Club Pétanque, registered trademark (hereinafter “CLUB PETANQUE”) and any consumer, whether natural or legal person, visiting or making a purchase via said Site (hereinafter “the Customer”).
On the Site, CLUB PETANQUE allows the Customer to order CLUB PETANQUE brand products online (hereinafter “the Product(s)”) in accordance with these general conditions.
Any order placed with CLUB PETANQUE therefore entails the Customer's unreserved acceptance of these terms and conditions. These general terms and conditions may be modified at any time and without notice by CLUB PETANQUE, the applicable conditions being those in force on the date of the Customer's order.
These general terms and conditions of sale are permanently accessible at the following address
: https://www.clubpetanque.com/pages/conditions-generales in a computer format allowing them to be printed and/or downloaded, so that the Client can reproduce or save them.
2. PRODUCTS AND CONFORMITY
2.1. The Products offered for sale are presented on the CLUB PETANQUE website and accompanied by a description.
2.2. The Products offered by CLUB PETANQUE comply with the standards applicable in France.
Elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, CLUB PETANQUE cannot incur any liability in the event of an error or omission in any of these elements or in the event of modification of said elements by the suppliers and/or publishers.
3. CUSTOMER OBLIGATIONS
3.1. The Customer declares that he/she is at least 18 years old and has the legal capacity or holds parental authorization allowing him/her to place an order on the Site.
3.2. The Client undertakes to provide CLUB PETANQUE with the real and necessary information required to carry out the service covered by these conditions as requested online and according to their situation, in particular their surname, first name, address, telephone number and valid email address.
The Client is responsible for the consequences arising from information transmitted that is false or inaccurate or whose use is unlawful.
3.3. Once the order has been placed, CLUB PETANQUE will send the Customer an email confirming the order. It will inform the Customer that the Products have been sent.
3.4. The Client can modify his data in the “my account” section.
4. ORDER
4.1. Any order will only be validated after acceptance of payment.
4.2. CLUB PETANQUE reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
4.3. CLUB PETANQUE may accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of order confirmation.
If, despite CLUB PETANQUE's vigilance, the products are unavailable, CLUB PETANQUE will inform the Customer by email as soon as possible. The Customer may then cancel their order and, if applicable, receive a refund of any amounts already paid.
Permanent or temporary unavailability cannot in any case engage the responsibility of CLUB PETANQUE, nor can it give rise to any right to compensation or damages in favor of the Client.
5. PRICE
5.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, contribution to order processing costs and packaging costs.
Shipping costs, participation in order processing costs and packaging costs will be indicated in the Customer's basket, before final validation of the order.
Prices may be modified at any time, without notice, particularly in the event of changes in tax or economic data. Items will be invoiced based on the rates in effect at the time the order is placed.
6. DELIVERY
6.1. CLUB PETANQUE delivers its Products in France and in all countries of the European Union and can deliver to any country upon request.
Products are shipped with the invoice to the delivery address indicated by the Customer when ordering for delivery abroad (outside France). In the case of delivery in France, the invoice is sent by email.
Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the website are indicative, corresponding to average processing and delivery times.
In order for these deadlines to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery, (Refer to the delivery times presented on the “Delivery and Return” page for delivery times.) , if the product has not been shipped, the Customer can cancel the order by registered letter with acknowledgment of receipt and request a refund for the order.
If the item has been shipped before receipt of the cancellation of the order due to a delivery delay of more than 7 days, CLUB PETANQUE will refund the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.
CLUB PETANQUE undertakes to inform the Customer of the progress of the processing of their order.
In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and CLUB PETANQUE, by any means, of any reservations within 3 days of receipt of the product.
CLUB PETANQUE cannot be held responsible for the consequences of a delay in delivery that is not its fault.
For more information on deliveries, please visit our dedicated page.
7. PAYMENT
Full payment must be made at the time of ordering. At no time may the amounts paid be considered a deposit or down payment. The Customer pays for their order by credit card (Visa, Eurocard/Mastercard) or Apple Pay, in accordance with the provisions of this article.
CLUB PETANQUE does not accept payment by check. Customers should consider other payment methods.
For any transaction, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).
The Customer's communication of their bank card number constitutes authorization for CLUB PETANQUE to debit their account up to the amount of their order.
No cash on delivery shipments will be accepted, whatever the reason.
CLUB PETANQUE retains ownership of the item until the Customer has paid the full price. All purchases are made securely. The payment solutions used by CLUB PETANQUE are 100% secure. For credit card payments (Carte Bleue, Carte Bleue Visa, and e-Carte Bleue), all information provided by Customers to CLUB PETANQUE is strictly protected and guarantees the compliance and security of each transaction.
8. RETURNS AND REFUNDS OF PRODUCT(S)
RIGHT OF WITHDRAWAL
In accordance with current legislation, you have a period of fourteen (14) calendar days from receipt of your order to exercise your right of withdrawal without having to provide a reason. Return costs are your responsibility. Returned products must be in their original condition, unworn, unwashed, and in their original packaging.
Returns are at the customer's risk. We recommend using a tracked delivery service.
Return procedure
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Contact our customer service at contact@clubpetanque.com to notify us of your intention to return.
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Return items to the following address:
PETANQUE CLUB at Katanga
5 Terrefort Road
31700 Cornebarrieu
France
The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied if possible by the delivery slip received with the order.
In the event of non-compliance with the return conditions, CLUB PETANQUE will not be able to refund or issue a credit note for the Products concerned.
Refunds
After receiving and verifying the returned items, we will proceed with the refund via the same payment method as that used when ordering, within fourteen (14) days.
No customer refunds will be made beyond the legal period of 14 days.
No exchanges are possible. If you would like a different product, we invite you to place a new order.
Special cases
- Production problem : In the event of a proven defect (color, pattern, size, etc.), we undertake to return the product at our expense within the time frame indicated on the “Delivery and Return” page.
- NPAI (Does Not Live at the Address Indicated) : If a package is returned to us with the NPAI mark, we will contact you for reshipment. The cost of this new shipment will be your responsibility.
Logistics partner
All orders are prepared and shipped from Toulouse by our partner Katanga, a specialist in printing and logistics.
For more information on deliveries and returns, please visit our dedicated page.
9. WARRANTIES AND LIABILITY
CLUB PETANQUE has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. CLUB PETANQUE cannot be held liable for any inconvenience or damage inherent to the use of the internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial reasons without the express written permission of CLUB PETANQUE.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of CLUB PETANQUE.
The Customer is therefore required to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products where applicable, or register a trademark which would be prejudicial to the rights holder, unless otherwise provided in the contract.
The same applies to any other intellectual property right.
CLUB PETANQUE is a registered and protected trademark.
11. WARRANTIES AND LIABILITY
CLUB PETANQUE undertakes to use Customers' confidential information only for the purpose of operating its Site.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges being aware of this.
As such, information concerning him may be communicated to technical service providers of CLUB PETANQUE.
Furthermore, CLUB PETANQUE may use technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978, amended by the law of August 6, 2004, the Client has the right to access and rectify personal data concerning him/her contained in CLUB PETANQUE's files. Any request must be sent by email to: contact@clubpetanque.com or by post to the following address: 62 boulevard Gambetta, 94130 Nogent sur Marne
This computer processing was declared to the National Commission for Information Technology and Civil Liberties (CNIL), which issued receipt no. 1517135 v 0 on June 29, 2011.
12. FORCE MAJEURE
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
13. GENERAL PROVISIONS
13.1. PARTIAL INVALIDITY OF A CLAUSE
If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.
13.2. UPDATE
These general conditions may be modified at any time and without notice by CLUB PETANQUE, the applicable conditions being those in force on the date of the order by the Customer.
13.3. APPLICABLE LAW – COMPETENT COURT
These general terms and conditions are subject to French law with regard to both substantive and procedural rules. Any dispute must be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding multiple defendants or third-party claims.
13.4.: REPRODUCTION OF APPLICABLE TEXTS (ORDINANCE 2005-136 OF 17 FEBRUARY 2005, CONSUMER CODE, CIVIL CODE)
Art. L. 211-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.
Art. L. 211-5 of the Consumer Code
- To comply with the contract, the property must:
1° 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 Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
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 so much that the Customer would not have purchased it, or would have paid a lower price for it, if he had known of them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.