GENERAL TERMS AND CONDITIONS OF SALE OF THE WEBSITE “WWW.RAQBALL.COM”
Article I. PREAMBLE
RZBALL COMPANY (hereinafter referred to as either “RZBALL COMPANY” or the “Company”)A “Société par actions simplifiée”, French limited company, with registered office in 930, Route des Dolines, 06560 VALBONNE SOPHIA ANTIPOLIS, with a capital of EUR 20,000 registered with the GRASSE registered office (RCS) under the number 829 110 485. It is represented by Monsieur Christophe LEHMANN and Madame Valérie MANHAJM, as, duly authorized legal representatives.
The Company expands exclusively the trademark “RAQBALL”, hereinafter referred to as THE “Trademark” and is specialized in selling sport equipment dedicated to the RAQBALL practice (hereinafter referred to as “Products”) on its website www.raqball.com or any other link that could be added or used as a substitute (hereinafter referred to as the “Website”).
The Company is the editor of the present Website. It enables its Users (as this term will be defined hereinafter) to take knowledge of the proposed Services and to order the Products they wish to purchase.
These various Services (as this term will be defined hereinafter) are available on the Website.
These provisions (hereinafter referred to as the “General Terms and Conditions of Sale”) determine the relations established between RZBALL COMPANY and the Website Users who wish to purchase these Products (hereinafter referred to as the “Buyer” and together with RZBALL COMPANY or individually as the “Partie(s)”).
Any order placed on the Website (hereinafter referred to as the “Order “) necessarily implies the subscription to these General Term and Conditions of Sale, the Customer will receive a copy of them at the moment of the Order confirmation.
These General Terms and Conditions of Sale applies, without any restriction or reserve, to the Website’s use, before and after the subscription to a User Account, and to all of the Services provided by RZBALL COMPANY on its Website, as these terms will be defined hereinafter.
Phone number: +33 672.878.448
The Publishing Director is Mr. Christophe LEHMANN.
The Website is hosted by OVH, a French limited company, with a capital of EUR 10,069,020 with registered office in 2, Rue kellermann 59100 ROUBAIX, registered with the LILLE registered office (RCS) under the number 424 761 419.
Article II. DEFINITIONS
The terms listed below shall have meaning given in its definition, as to say:
Account:Refers to the interface allowing the User since his subscription, to access to all the Services and Contents and to consult and/or modify his personal information.
Order:Refers to anorder placedby the User for the Product(s)purchase.
Content: Refers to any textual and graphic content present on the Website or composing it. It refers when necessaryto the structure and the pages of the Website, the editorial content, the texts, the videos, the animations, the sections, the drawings, the illustrations, the images, this list not being restrictive.
Data: Refers to all the information given by the User that are intended to be published on the Website and especially, this list not being restrictive, referring to any texts, videos, animations, sections, drawings, illustrations or pictures or feedback from the netizens.
Products:Refers to movable goods and equipment proposed for purchase by RZBALL COMPANY. Those products are sold new. Those itemscan be found in the RZBALL COMPANY’s offers available for consultation online via its Website.
Buyer:Refers to any natural or legal person having the capacity to contract, as to say acting, for a legal person, as legal representant, or, for a natural person, to be at least eighteen years old (18 years old) and / or the legal majority in force in his country and not protected within the meaning of the provisions of article 488 of the French Civil Code or foreign equivalent, wishing to purchase one or several Products in their private capacity within their professional or personal activity.
Package:Refers to an item or all material composed of several items, whatever their weight, their dimensions and volume, constituting a unit load during the delivery to the transporter.
Login name:Refers to a unique name that can be made from letters and numbers. This login name is chosen by the User during the creation of his Account.
Services:Refers to the possibility offered to the User to choose, online via the Website, the Product(s) he wishes to order online, and the possibility to pay online the purchased Product(s).
Website :Refers to the online interactive electronic services available on the Website on the address www.raqball.com, or with any other link that could be added or used as a substitute.
User(s):Refers to any natural or legal person acting as a consumer or as a professional and using the Website to benefit from the Services supply provided by RZBALL COMPANY.
Article III. SCOPE
The purpose of the following terms is to define the conditions of use applied to the access of the Services provided by RZBALL COMPANY and the Products purchase modalities.
Article IV. GENERAL TERMS IMPLEMENTING
These terms are drafted in the English Language. They list more particularly the different steps necessary to place the Products Order, payment conditions and use of several Services by the User.
The contract regarding the Services use (hereinafter referred to as the “Contract”) is concluded for a duration limited to the Services execution.
The Services are supplied by the Website worldwide.
The Company shall not in any case be liable for any commercial practices proposed on any other websites or companies to which the User could have access from the Website by hypertext links, logos, buttons, etc., located in the Website. It is up to the User to refer to the general terms of the aforementioned websites or companies before contracting with them.
IV.1 General Terms and Conditions of Sale enforcement
This Contract relating to the Services use is concluded between the Company and the User onceaccepted the present General Terms and Conditions of Sale during the Order (checkbox to check before proceedingwith the Order’s payment).
The present General Terms and Conditions of Sale constitute the contractual document binding the Parties.
The present General Terms and Conditions of Sale are considered read and accepted by the User once the Order has been placed on the Website. The present General Terms and Conditions of Sale replace any anterior agreement or contractual document binding the Company and the User.
The User declares having taken into knowledge the present General Terms and Conditions of Sale entirely and accepting all its obligations. Should this acceptance lack, the User shall not access to the Website Services.
The User can keep a printed copy of the General Terms and Conditions of Sale which will also be available permanently on the address www.raqball.com.
IV.2 General Terms Modification
RZBALL COMPANY reserves the right to modify these General Terms and Conditions of Sale if necessary, according to the Services proposed or the evolving legislation, at its sole discretion. The Use of the Website and the Services is always subjected to the most recent version of the General Terms and Conditions of Sale posted on the Website and accessible for the User.
The User shall check as often as necessary the General Terms and Conditions of Sale. In any case, any modification will be subject to an e-mail notification to the User one (1) week before entering in effect.
However, if the User wishes after notification to proceed with the termination of this Contract, he can do it at any time by addressing an e-mail to :email@example.com, notifying RZBALL COMPANY of his intention to terminate.RZBALL COMPANY will then end the Contract binding it to the User, except for nevertheless for what concernsthe potentialongoing Services execution.
The Website can also bring modifications and improvements to the editorial content at any moment.
All these modifications and improvements will benefit to the User.
When using the Website, the User can be submitted to the evolving directives or the rules published on the Website and applicable to the proposed Services, which can contain terms and conditions that are added to the present General Terms and Conditions of Sale.
Article V. TERMS AND CONDITIONS OF REGISTRATION AND ACCOUNT ACTIVATION
V.1 Access terms and conditions
The User must deal with the implementation of the informatics and telecommunications resources which allow access to the Website.
The User shall protect his technical equipment against any form of malware contaminations and/or intrusion attempts, the Company shall not be held liable of it under any circumstances.
The User remains solely liable for the installation, exploitation and for the maintenance of his technical equipment needed to have access to the Website Services.
Under any circumstances RZBALL COMPANY should be liable if the proposed features turn out to be incompatible or present dysfunctions with some of the User’s software, configurations, operating systems or equipment.
Additionally, the User remains deemed to pay the telecommunication fees necessary to access to internet during the use of the Website.
V.2 Registration terms and conditions
The registration, opening and access to the Account is free for the User.
To subscribe, the User shall be a natural or legal person and communicate:
– For an individual: his name, his surname, the city where he lives, his birth date, his e-mail, available pseudonym and password.
– For a legal person:its legal name, its registration number of RCS, its head office’s address, available pseudonym and password, the representative names, as to say a person duly authorized to commit for the sake of his structure.
Any Account registrationimpliesconsequently, that it has been done by a physical person, on his own name or as a representative of a legal person, having the capacity to contract, as to say being eighteen (18) years old at least and/or having the legal majority in effect in his country and not protected in sense of Article 488 of the French Civil Code.
The User undertakes to only communicate accurate information, actual or complete, as he guarantees their accuracy, sincerity and reliability any time, and to update the aforementioned information to preserve their accuracy, relevance and exhaustiveness.
RZBALL COMPANY reserves its right to suspend or terminate the User Account and his access to the Website and Services if he creates more than one (1) account or should any information delivered during or after the registration procedure reveal to be inaccurate, obsolete or incomplete.
The User undertakes not to use a pseudonym that might harm the public order or third parties (use, notablyof, patronymic name, titles or works protected by copyright or related right, trademark, company name).
RZBALL COMPANY reserves the right to refuse and/or require for the correction of the chosen pseudonym.
A registration confirmation is sent by RZBALL COMPANY to the e-mail address given by the User after every information have been transmitted.
V.3 Account conditions of use
An Account is open in the name of the Userat the end of his registration on the Website.
The User can only have access to his Account by using his login name and password.
The User undertakes to proceed without delay to any change of his information on the Website.
The User is responsible for his password protection and undertakes not to reveal it to third parties.
He shall be solely liable for any activity or action on his Account, authorized or not.
The User will notify immediately RZBALL COMPANY any unauthorized use of his Account to the RZBALL COMPANY e-mail address mentioned in the preamble.
Every User can only open a sole and unique Account in his name and undertake not to create or use other Accounts on the Website that he could have initially created, whether it was under his own or a third partiesidentity. In default, RZBALL COMPANY will suspend or delete the fraudulent Account and the User Account.
The User recognizes that the actions done on his Account will be imputed on him when his registration e-mail and password will be activated, in absence of any revocation request for the compromised password.
An Account will be deemed inactive after a two (2) yearsdelay without logging in the Website.
RZBALL COMPANY reserves the right to delete the inactive Account after having informed the User beforehand, who can oppose to his Account removal with a manifestly express will.
Should an Account be removeddue to his inactivity, the User personal Data will immediately be deleted. Despite the abovementioned, the Data published, if so, by the User will not be deleted, but anonymized.
Article VI. PARTIES OBLIGATIONS
VI.1 General obligation of collaboration and information
Each Party undertake to communicate to the other Party any useful information and any warning on the risks that could be likely to affect the Services.
Within the execution of the present General Terms and Conditions of Sale or of an additional clause, each Partyundertake to collaborate actively and regularly with the other Party, and any third partyeventually named by one of the Parties.
In this case, the Parties will mutually provide, within a reasonable period, any documents or elements that are necessary for the execution of the General Terms and Conditions of Sale, which are requestedby one of the Parties or a named third party by written.
VI.2 Warranties and Obligations of RZBALL COMPANY
-Warranties and obligations related to the Services
RZBALL COMPANY undertakes to use all technical and human resources necessary for the furnished Services availability. RZBALL COMPANY is only held accountable for an obligation of means within the present terms.
If the User encounters a difficulty, he can inform RZBALL COMPANY by mail to the address :firstname.lastname@example.org, or by phone, from Monday to Friday, from 10h00 AM to 12h00 AM and from 14h30 PM to 17h00 PM with the following phone number : +33 672.878.448.
RZBALL COMPANY undertakes to use all reasonable diligences to limit any risks coming from the infringement of the security Services (intrusion, malwares, hacking). Because internet is an open network sensitive to a certain number of risks, RZBALL COMPANY cannot undertake to an unlimited guarantee of the access and the availability of the Services. The User declares to accept these risks.
RZBALL COMPANY undertakes to use all necessary means to preserve the integrity and availability of the Data uploaded by the User on the Website.
However, RZBALL COMPANY reserves the faculty to suspend the access of the User Account if it considers that an event may harm the Services functioning and integrity or in case of a force majeure realization, pursuant to the present General Terms and Conditions of Sale.
The suspension applies for the period necessary to the planned intervention.
In case of a programmed intervention, RZBALL COMPANY undertakes to inform the User as soon as practicableand by any means once it will take knowledge of the intervention dates.
The Parties expressively agreed on the fact that a suspension inherent to a programmed intervention or not, cannot hold liable RZBALL COMPANY and no damages compensation can be claimed.
-Warranties and specific obligations related to the Data Hosting given by the User
RZBALL COMPANY undertakes to host all Data given by the User subject to compliance with the public order.
RZBALL COMPANY reserves the right to partially or totally takedown the access of any illicit Data once it will be alerted by netizen or a User, pursuant to the Article 6-1-5 from the “law for the trust in digital economy” of June 21, 2004 (LCEN).
In case of a partial or total takedown done by a netizen or a user founded claim, RZBALL COMPANY will inform the User of the claim’s object and the reasons given for the partial or total takedown, before an effective takedown, under prompt times.
VI.3 Warranties and Obligations of the User
The User undertakes to use the provided Services in conformity with their destination.
The User prohibits himself from any action that could harm the image of the Website, of the Company and/or its distinctive signs.
RZBALL COMPANY reserves the right to refuse or to suspend any account for legitimate motives and particularly in case of:
– Abnormal or abusive claims.
– Existing dispute(s) with the User.
– Fraud or attempted fraud related to the Use of the Website.
– Payment incident in the case of a previous Order.
The User recognizes that the right to use the Services is personal to every Users. He undertakes to make a normal use of the Services and shall observe courtesy in the exchanges by telephone, as well as by any other way.
In any case, RZBALL COMPANY reserves the right to control at any time the respect of the General Terms and Conditions of Sale by the Users and to end the authorization given to use the provided Services, should the User fail to respect either one or the other General Terms and Conditions of Sale provisions.
The User who created an Account can consult the state of his subscription in the section “My Account” in his Account.
Article VII. LIABILITIES
VII.1 Liability of RZBALL COMPANY
Failing to fulfill its obligations, the Company is liable in the context of an obligation of means.
-The Company, as a technical services provider in the sense of the “law for the trust in digital economy” of June 21, 2004, and notably as a Data Host, can only be liable by application of Article 6-1-5 of the said law.
-RZBALL COMPANY cannot be liable for the Services uses that are not conform to the present General Terms and Conditions of Sale or in case of errors, failures or delays due to any fault or a failure of the User.
RZBALL COMPANY declines any liability concerning the content and the legal value of the elements present on the User Account and for their appreciation by any administration or jurisdiction.
In any case, RZBALL COMPANY shall not be liable under any circumstances for any eventual indirect or connected damages, such as, and without an exhaustive enumeration: operating loss and other commercial, image or morals damages, coming from or being the consequence of the present terms.
To avoid any late reclamation, and notably to allow the Company to preserve elements of proof, the User shall notify to RZBALL COMPANY his will to held it accountable.
This notification shall, under penalty of foreclosure, indicate precisely the errors, failures or delays observed and shall be addressed no later than fifteen days following the occurrence of the event which can undertake the Company’s liability.
VII.2 Liability of the User
The User is liable in case of failing to execute his obligations by application of these terms.
The User is liable for the respect of the regulation applied to the Data that he uploads.
The User is liable for any damage that he caused to RZBALL COMPANY.
Following the non-respect of the present terms, the User undertakes to compensate RZBALL COMPANY, for any request, claim or sentence to damage to which the Company could be subject.
The User undertakes to compensate RZBALL COMPANY, in the event of a request, complaint or damages condemnation to which RZBALL COMPANY could be subject following to the non- compliance of the present stipulations.
Article VIII. CONDITIONS OF SALE: MEANS OF PAYMENT
The Website allows the Buyers to settle their purchases via different means of payment hereinafter detailed: a credit card (VISA, Mastercard) and a bank transfer. None of the payment made with a bank cheque will be accepted.
8.01 Credit card payment:It can be a VISA or a Mastercard credit card. The payment is realized on a secure internet page. It shall enter the name of the credit card owner used for the payment, the fourteen numbers of the card, the expiry date of the card as well as the cryptogram of three numbers located at the back of the credit card.
8.02 Bank transfer Payment by: bank transfer payment is accepted. The bank details thatshall be credited is indicated on the Order cost estimate communicated via e-mail but it may be newly specified upon Buyer request.
During the transfer, it is requested to indicate the number of the paid Order or the reference of the concerned cost estimate in the “motive” necessarily communicated during its realization. once the bank transfer is received on RZBALL COMPANY’s account, the Contract is reputed concluded and the delivery times start to run.
Article IX. CONDITIONS OF SALE: PRICE AND CONDITIONS OF PRODUCTS SETTLEMENT OF THE BUYER
9.01 The prices figuring on the Website are VAT inclusive prices in Euro considering the French VAT applicable the day of the Order butnot including the shipping costs (see delivery) ; any change of the rate can impact the Products prices.
The costs displayed do not concern the costs of treatment, shipping, transport and delivery, which are charged in addition, within the conditions indicated on the Website and/or in the Order, the latterbeingcalculated before placingthe Order and are reminded in the Order summary before payment.
The payment requested to the Buyer correspond to the total amount of the purchase, including these costs.
9.02 Unless otherwise specified,the indicated prices are unitary.
RZBALL COMPANY reserves the right to modify its prices any time, nevertheless the fact that the pricefiguring on the Website at the time of the Order is solely applicable to the Buyer.
9.03 The Products remain RZBALL COMPANY’s property until complete payment.
9.04 If one or varioustaxeswere to be created or modifiedin rise or in decrease, this change mayimpact solely under the initiative of RZBALL COMPANY on the Products sale price published on the Website.
9.05 The Buyer undertakes to settle the integrality of the Order amount at the time of its validation on the Website. The Buyer recognizes having knowledge of the fact that his Orders will only be registered and treated by RZBALL COMPANY after the due sum receipt at the time of the said Order validation on the Website.
Article X. CONDITIONS OF SALE: CARACTERISTICS OF THE PROPOSED PRODUCTS
10.01.The pictures representation, illustrating the Products on the Website are as accurate as possible, however, depending on the digital representation of the Products on internet, it is possible that the perception of the Buyer do not exactly correspond to the Product itself.
Particularly, the picture representations involving physical models only have vocation to inform the Buyer on the type of the chosen Product. In any case pictures cannot constitute a contractual document.
RZBALL COMPANY undertakes to deliver Products answering to the prescriptions in effect regarding the people health and security, the loyalty of commercial transactions and the consumer protection.
Article XI. CONDITIONS OF SALE: ORDER
To place the Order, multiple steps are necessary:
XI.1 Step 1 – The shopping cart:
– Select one or more Product(s) of his choice,
– Add them in the shopping cart,
– Proceed to the modifications of his choice (add Products, delete, or modify the Products unity number),
– Validate the General Terms and Conditions of Sale after having read them and get to the next step.
XI.2 Step 2 – Identification or creation of an Account:
– If the Buyer owns an Account on the Website, he shall identify himself with his login address and password to move to the next step.
– If the Buyer does not own an Account on the Website, he shall follow the instructions and enter the requested information to move to the next step.
The Website also offers the possibility to place a “fast” Order for Buyers who do not own an Account and who do not wish to create one.
XI.3 Step 3 – Delivery
When the Buyer wishes to be delivered to his personal address, he shall enter his delivery instructions (delivery address, additional instructions : door number, door code, floor number and any other information necessary for the delivery).
No delivery in point relays will be made.
XI.4 Step 4 – Payment
During this step, the Buyer takes knowledge of a complete receipt resuming all the Order elements, as to say: selected Products references, quantities, price, eventual shipping costs.
During this step, he will be offered to fill in where appropriate the promotional code (price reduction, shipping costs for free…) he owns.
Eventually, the Buyer selects a payment mode among the proposed options and click on “Finish my order”. Based on the payment mode chosen, he will be redirected to a secure payment page or will go directly to the step 5 “Confirmation of order”. To know the details about the accepted payment modes, the Buyer shall refer to Article “MEANS OF PAYMENT” of these terms.
XI.5 Step 5 – Confirmation of Order
During this step, the Order is placed, and the Buyer receives a confirmation via e-mail, in the email address he communicated to RZBALL COMPANY.
The Contract of dematerialized sale is deemedconcludedby the reception of the confirmation e-mail in case of a payment by credit card online. Should the Buyer choosea different mean of payment, the Contract is deemed concluded with the reception of the effective payment by RZBALL COMPANY receipt services.
Article XII. CONDITIONS OF SALE: PRODUCTS DISPONIBILITY
The Products offered are available under the limit of available stocks. In case of an out of stock, RZBALL COMPANY will inform the Buyer. This one will have the faculty to request an Order annulation or the replacement of ordered Products with other Products.
In case of an Order annulation, the Buyer will immediately be refunded if his bank account has already been debited.
In case of a request for replacement of sold-out Products with other Products, the new amount of the Order will be communicated to the Buyer.
Two cases mayoccur:
– Either the replacing Products are less expensive than the sold-outProducts: RZBALL COMPANY will address a refund corresponding to the difference, to the Buyer at the latest thirty (30) days following the payment.
– Either the replacing Products are more expensive than the sold-out Products : the Buyer shall validate this difference before the Order validation and address its settlement in the same conditions as the one planned in Article “ PRICE AND CONDITIONS OF PRODUCTS SETTLEMENT OF THE BUYER” of these terms.
Article XIII. DELIVERY
13.01 Deliveries are sent worldwide.
13.02 Packages will be sent to the address given during the Order process. should the mention of a specific address lack in the planned spot, the delivery address will be the billing Buyer address he entered during the Order validation on the Website.
13.03 Participation to the shipping costs is mandatory. Delivery times appear in the Order summary.
13.04 In case of a late delivery, the Buyer shall request a refund by sending a registered letter. By receiving this letter, RZBALL COMPANY can offer an express delivery or accept to proceed to the Buyer refund.
13.05 Any Order placed on the Website from abroad is ruled by specific shipping costs and in general are more expensive than the ones for Orders placed inside the national territory. In this case, before the total payment of the Buyer Orders, a cost estimate will systematically be addressed to the latter.
In case of a delivery outside the French territory, provisions of the Tax French Code related to VTA are applicable. Thus, eventual customs duty and local taxes will be at Buyer’s expense.
Article XIV. CONDITIONS OF SALE: CLAIMS
XIV.1 Damages due from shipping
RZBALL COMPANY shall consider that any Package filled as “delivered” by the transporter to an exact address cannot be subjectof any claim concerning a delivery default.
It is also the Buyer’s responsibility to check the Order state once received. If he notices a degraded packaging during the delivery, he shall make a claim to the transporter. To the Buyer’s request, RZBALL COMPANY can guide him in this process but cannot be liable for the Package degradation during its transportation.
Indeed, Packages are checked at departure of RZBALL COMPANY warehouseand it is at the expense of the Buyer to redo the said checking in presence of the transporter during the receipt of the Products (Package number, apparent state of the Package, number of articlesinside the Package and apparent state of Products inside the Package). In case of problem, reserves (as precise as possible) shall be emitted in the proof of receipt givento the chauffeur.
The incurrence of the transporter’s liability needs two fundamental steps:
– The expressionof sufficiently precise reserves to the transporter who delivered the Package,
– The transmission of a registered letter with acknowledgement of receipt addressed to the transporter confirming the reserves no later than three (3) days following the receipt of the Package.
14.02 General Provisions:In case of claims, these ones shall be given to the knowledge of RZBALL COMPANY :
– By postal service to the following address: 930, Route des Dolines, 06560 VALBONNE SOPHIA-ANTIPOLIS
– Or by e-mail address:email@example.com
The claim shall be addressed to RZBALL COMPANY within eight (8) days following the date of the Products delivery. The claim shall be accompanied by a photocopy of the purchase facture.
The ordered Products can only be returned with the permission of RZBALL COMPANY, and in their original packaging. Every article furnished by RZBALL COMPANY are meticulously inspected before being shipped.
Thus, the Products that are returned incomplete, degraded, used, dirtied, or without their original label will not be taken back.
Any article returned in another state from the original one cannot be refunded.
No claim can be accepted in case of disrespect of these formalities and periods.
Besides, considering their specificity, no return of Orders of non-serial Products can be accepted.
14.03 Expiry of delivery times:RZBALL COMPANY undertakes to employ its greatest efforts to deliver Products ordered by the Buyer within the announcedtimes. However, these times are communicated for information purposes and, should the ordered Products fail to be delivered within a time of thirty (30) days after the indicative date of delivery, for any other event than a force majeure or due to the Buyer, the sale can be resolved by written request of the Buyer within the conditions of Articles L216-1 to L 216-3 of the ConsumerFrench Code. The sums versed by the Buyer will be restituted to him no later than fourteen (14) days following the date of the denunciation of the Contract, excluding any damages or retain.
14.04 Reserve of property:The transfer of property of the Products will happen the day of their complete payment by the Buyer and after their departure from RZBALL COMPANY warehouse.
The Products sold by RZBALL COMPANY remain its entire property, until perfect payment of the price, in principal and interest.
The Buyer enjoinshimself from conceding, renting, lending, moving, pledging and letting seized by one of his creditors, the sold Products until their entire payment.
Article XV. CONDITIONS OF SALE: SECURE PAYMENT
RZBALL COMPANY undertakes not to conserve any data related to credit cards and bank accounts communicated by the Buyer during the purchase process.
Article XVI. RIGHT TO WITHDRAWAL
In conformity with the current legislation, the User who subscript an account have, when he acts as a consumer, a period of fourteen (14) days to exercise his withdrawal right without having to justify nor to pay penalties.
The period starts to run from the acceptance of the offered Services. However, as the present contract deals with the provision of Services executed partially or totally before the expiration of the said period, the consumer can waivethis right, once he was informed of this faculty. By validating these General Terms and Conditions of Sale, the User recognizes expressively taking knowledge of this right and expressively waiving it.
As such, RZBALL COMPANY will conserve any elements of proof that enable to set the explicit request of the User to waive his withdrawal right, such as notably, a check box, SMS and/or e-mails which set his express consent in a sustainable dematerialized support in conformity with the Article “PROOF CONVENTION”.
In case of a Product purchase, the Buyer, when he acts as a consumer, have a fourteen (14) days period to exercise his withdrawal right from the Product delivery.
In this case only, the consumer can exercise his withdrawal right transmitting to RZBALL COMPANY,an available withdrawal form hereinafter or any other declaration, deprived of ambiguity, expressing his will to withdraw, in such case an acknowledgment of receipt in a sustainable support will be immediately communicated to the Buyer by RZBALL COMPANY.
Should the withdrawal right be exercised within the aforementioned period, only the price of a or the bought Products and the delivery fees are refunded; return fees are at the expense of the Buyer.
If the Buyer wishes to return the Product via the transporter from the Website, he shall contact beforehand the Website to schedule this return. The return fees are at the expense of the Buyer who shall pay the transporter by presentation of the facture and give the withdrawal form and return voucher to him.
The Buyer shall restitute the Product in its original packaging, non-used, non-assembled, non- damaged, along with all eventual accessories, the assembling manual with possible other complementary documents. In default, the Product will not be taken back, exchanged, or refunded.
The exchange (if available) or the refund will be done within a period of fourteen (14) daysfrom the receipt, by RZBALL COMPANY, of the Products returned by the Buyer within the conditions of the present Article.
The Buyer accepts expressively, by acceptance of these General Terms and Conditions of Sale, that any refund, for any reason whatsoever, is, by preference, realized by the same mean as used during the Order, and, in case of an impossibility to do so, by bank cheque.
For any refund request of one or more Products, the Buyer shall furnish to the Company a copy of his valid identity card.
Article XVII. CUSTOMER SERVICE
For any information, question, to exercise the withdrawal right, or to report a claim, the customer service of RZBALL COMPANY is available to the Buyer:
– By phone: +33 672.878.448
– At the following e-mail address: firstname.lastname@example.org
Article XVIII. WARRANTY
XVIII.1 Warranty period
For the perfect information of the Buyer, articles of the French Consumer Code and the French Civil Code regarding to the present article are reproduced below:
Article L. 217-4 of the French Consumer Code:“The seller delivers a property in accordance with the contract and is accountable for the conformity defects existing at the time of delivery.
It is also accountable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.”
Article L. 217-5 of the French Consumer Code:“The good is in conformity with the contract : 1° If it is fit for the use usually demanded for a similar good and, if need be : – if it corresponds to the description given by the seller and possess the qualities that were presented to the buyer in the shape of a sample or model ; – if it presents the qualities that a buyer can legitimately expectwith regard to the public declarations made by the seller, by the productor or by his representative, notably in publicity or labelling ; 2° Or if it presents the characteristics defined in a communalagreement by the parties or is proper to any special use sought by the buyer, taken to the knowledge of the seller, who accepted it.”
Article L.217-7 of the French Consumer Code: “The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven contrary.For second-hand goods, this period is fixed at six months.The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.”
Article L. 217-12 of the French Consumer Code: “The action resulting from the lack of conformity is barred two years from the delivery of the goods.”
Article L.421-2 of the French Consumer Code:“The provisions of this present title do not apply to antiquities and to second-hand products needing a repair or a restoration beforehand there use when the furnisher informs the person to whom he furnished the product, of the necessity of its repair or restoration.”
Article 1641 of the French Civil code:“The seller is bound to a warranty against hidden defects of the sold good that render it unfit for its intended use, or that diminishes so much its use that the buyer would not have bought it or would only have given a lesser price for it if it had known of the defects.”
Article 1648 paragraph 1 of the French Civil code: “An action resulting from redhibition defects must be brought by the buyer within two years from the discovery of the vice.”
XVIII.2 Warranty conditions
The warranty consists in the pure and simple exchange of the Products recognized defective. The return of the Products to RZBALL COMPANY must be carried out carriage paid in the original packaging.
Products exchanges or their possible repair under warranty cannot have the effect to extend the warranty duration.
The replacement of a defective Product, under the warranty, as specified above, is limited to one copy per Buyer.
No damages compensation can be claimed regardless of the duration of the repair or disturbance affecting the use.
The benefice of this warranty is subject to the presentation of a photocopy of the purchase facture by the Buyer.
Article XIX. LIABILITY
RZBALL COMPANY undertakes to describe with the most exactitude the Products sold on the Website.
RZBALL COMPANY waives any liabilities in case where the inexecution of its obligations are imputable to an unpredictable and unsurmountableevent from a third party or in case of a force majeure as defined in the French precedent.
Similarly, RZBALL COMPANY waives anyliability for a damage resulting from the use of an internetnetwork as loss of Data, intrusion, malware, service breakdown, or any other involuntary problems.
Once the Products furnished, the Buyer shall support damages that he mayendure or cause.
He shall insure them against risks of theft or deterioration.
Article XX. FORCE MAJEURE
RZBALL COMPANY shall not be liable for any delay in the execution of its obligations or for any non- fulfillment of its obligations resulting from the present Contract when the circumstances giving rise to these obligations are due to a force majeure in the sense of article 1218 of the French Civil Code.
Expressly, are considered force majeure or fortuitous event, in addition to those usually to take by the case law of French courts and tribunals, total or partial strikes, lockout, disturbance, civil disturbance, insurrection, war, bad weather, epidemic, blockage of transportation or supply for anyreason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure or electrical network or server, blocking of electronic communications, including wired or wireless telecommunications networks, any questioning of the mathematical foundations governing the theory of cryptographic algorithms, used
for public key infrastructures and any other case independent of RZBALL COMPANY will prevent normal performance of the present Contract.
First, the cases of force majeure will suspend the execution of the Contract. If the cases of force majeure last more than 60 (sixty) days, the Contract shall be automatically terminated, unless otherwise agreed between RZBALL COMPANY and the User.
Article XXI. TERMINATION CLAUSE
The Customer expressly renounces to the right to claim the enforced execution of the Services, the execution by a third party or to request the reduction of the Services’ price and, therefore, to the provisions of the articles 1221, 1222, 1223 of the French Civil code.
Should the Userfail to execute his payment obligations, the Company can, with formal notice demand not followed by effect within 30 (thirty) days following the reception, by the Customer, of the aforementioned formal notice demand, suspend the execution of the Orders still to execute until complete payment of the price and without any liability for any reason.
Furthermore, any breach by one or other of the Parties in any of its obligations which goes on beyond 30 (thirty) working days following a formal notice demand made by registered letter, or which may not be repaired, can lead to the termination of the Contract as of right without judicial formalities and without prejudice to all the damages and/or penalties or other rights and recourse that the not failing Party can protest in the failing Party.
Article XXII. INTELLECTUAL PROPERTY – TRADEMARK CHART OF USE
XXII.1 Intellectual property
RZBALL COMPANY owns the intellectual property rights linked to the Services, notably related to the Trademark, the software, the features and the Website Contents.
These General Terms shall not operate any transfer of property to the User who enjoins himself from affecting it in any way shape or form.
The User only benefits from a simple license of use of the Services, which is non-exclusive, personal, and non-transferable, worldwide, and for the duration of the subscribed Services.
As a result, the User shall not, any time, distribute, grant a license, exploit in any way shape or form, the Services, the Trademark, the Contents and/or Data and any elements that are attached to them.
The violation of these provisions can cause, at the discretion of RZBALL COMPANY, the termination of this Contract and/or the refusal of RZBALL COMPANY for any additional use from the User, without taking from him its right to legally pursue the User for infringement founded on the violation of its intellectual property rights.
XXII.2 Trademark chart of use
RAQBALL® is a PROTECTED TRADEMARK, the User undertakes to respect the provisions listed hereinafter:
The trademark RAQBALL® is registered in the Intellectual Property French Office (INPI) and in the Intellectual Property European Union Office.
This registration confers the trademark a dedicated protection by application of the legal dispositions (Article L 711 and following and R 712-1 and following from the Intellectual Property French Code) and of the Directive 2008/95/CE.
Are prohibited, except with the owner authorization:
a. The reproduction, usage or affixing of a trademark, even with the addition of words such as : “formula, way, system, imitation, genre, method”, as well as the use of a reproduced trademark, for products and services identical to those referred in the registration.
b. The removal or the modification of a trademark regularly affixed.
Are prohibited, except with the owner authorization, if they can result in a likelihood of confusion in the public mind:
a. The reproduction, usage or affixing of a trademark, as well as the use of a reproduced trademark, for products and services similar with those referred in the registration.
b. The imitation of a trademark and the use of an imitated trademark, for products or services identical or similar with those referred in the registration.
A trademark infringement caused by the User may give rise to a counterfeit claimwhich can engage the civil and/or penal liability for its author.
-In application of civil law, the infringer is condemned to damages and the display of his sentence by the jurisdiction.
-In application of criminal law, the infringer is sentenced to prison from three to five years and a fine from 300000 euros to 500000 €uros, and much more.
In any case, the use of the “RAQBALL®” term shall not harm the image of the RAQBALL® Trademark
The use of the RAQBALL® name or products in which the RAQBALL® trademark was affixed with the owner’s authorization shall not in any way shape or bring harm to the reputation and the integrity of the RAQBALL® Trademark.
The public or private context, professional or not, commercial, or not, including artistic, of the use of RAQBALL® nameis irrelevant.
Whichever use made of the RAQBALL® name, it is imperative to respect the moral integrity of the RAQBALL® name.
In default and without any reserve or limitation, the RAQBALL® Trademark owner will instituteanyproceedings necessary to the Trademark’s respect and the suffered loss compensation.
Article XXIII. GENERAL PROVISIONS
XXIII.1 Opt-out clause
Any tolerance or renunciation on the part of one of the Parties in the application of all or part of the commitments or obligations provided here enclosed, whatever the date, frequency or duration, cannot, in the absence of a written agreement to this effect, assert modification of this Contract, generate or obstruct any right.
XXIII.2 Permanence of the Contract
The nullity of any of these clauses does not affect the validity of the others, the Contract shall continue in the absence of the cancelled arrangement unless the cancelled clause makes the continuation of the Contract impossible or unbalanced compared to the original agreements.
XXIII.3 Headings of the clauses
The title at the head of each article serves only for the convenience of reading and cannot in any case be the pretext for any interpretation or distortion of the clauses to which they relate. In case of an interpretation difficulty or a contradiction between the content of a clause and its title, the latter is estimated unwritten.
XXIII.4 Entire agreement between the Parties
The parties acknowledge that these General Terms and Conditions of Sale and their eventual additional clauses constitute the entirety of the agreements between them in regard to the realization of the object of the Present and replace all the previous agreements and proposals having the same object, whatever their form.
XXIII.5 Proof convention
By application of the provisions of Article 1365 of the French Civil Code, the information provided by the RZBALL COMPANY’s Website are authentic between the Parties.
In application of Article 1368 of the French Code Civil, RZBALL COMPANY and the User intend to fix, within the framework of Services, the rules relating to the evidence admissible between them in the event of a dispute and to their probative value. The following provisions thereby constitute the proof agreement between the Parties, which undertake to comply with this article. RZBALL COMPANY and the User agree to accept that in the event of a dispute, e-mail addresses, exchanged e-mails and SMS are admissible in court and will demonstrate the data and facts they contain such as to prevail in priority except to provide written and contrary proof by the User.
RZBALL COMPANY and the User agree to accept that, in the event of a dispute, the data from any computer recording of RZBALL COMPANY constitutes proof of acceptance of these, proof of acceptance by electronic means of any offer and all Services, of the materiality of the Services used by the User by means of remote services used, namely Internet, telephone, SMS and mail.
RZBALL COMPANY and the User agree to accept that in the event of a dispute, the scope of these documents and information is that granted to an original in the sense of a written paper document, signed by hand / signed in written.
RZBALL COMPANY declares being the owner of professional civil liability insurances in conformity with the legal and regulatoryprovisions applicable.
XXIII.7 Applicable law – Competent court
The present Contract shall be governed by French law.
Should the Userand/or the Buyer be a consumer, in case of a dispute related to the application and/or interpretation of the present General Terms and Conditions of Sale, the User has the possibility to resort to a conventional mediation procedure or any other alternative method of dispute resolution.
Beforehand, the User must contact the customer service for his claim, in accordance with Article XI of these presents, in conformity with Article L 612-2 of the Consumer French Code and inform RZBALL COMPANY of the reasons of the dispute. If, within a period of (2) two months, no solution has been found between the Parties, the attempt to resolve the conflict shall be deemed to have failed.
In accordance with the disposition n° 2015-1033 of August 20 th , 2015 and its application Decree n° 2015-1382 of October 30 th , 2015, any dispute or litigation known as consumption, in reserve of Article L 612-2 of the Consumer French Code, may be subject to a friendly settlement through mediation, within one (1) year, with MÉDIATION – VIVONS MIEUX ENSEMBLE, mediation centerchosen by RZBALL COMPANY (hereinafter referred to as the “Mediator”).
To submit a dispute to the Mediator, the User may (i) fill in the form on the Mediator’s website: : https://www.mediation-vivons-mieux-ensemble.fr/ or (ii), send his request by par email to the following address: mediation@vivons-mieux ensemble.fr, or (iii), send his request by simple letter or registered post (preferably) to the Mediator (465 avenue de la libération 54000 NANCY).
Regardless of the means used to seize the Mediator, the User’s request must contain the following to be handled quickly: his address, email and phone numbers, the full names and address of RZBALL COMPANY, a brief statement of the facts, and proof of the preliminary steps with RZBALL COMPANY.
In any event, the Parties undertake to attempt to resolve amicably all disputes relating to the formation, validity, interpretation, execution and termination of this Agreement.
Should the User be an independent retailer, it is agreed that all disagreement relating to the formation, validity, interpretation, execution and termination of this Contract that the Parties cannot resolve amicably, will be submitted to the Commercial Court of GRASSE, to which the Parties attribute territorial jurisdiction whatever the place of performance or the domicile of the defendant. This clause by express agreement of the Parties also applies in the event of summary proceedings, multiple defendants or guarantee claims and regardless of the nationality of the User.
RIGHT OF WITHDRAWAL FORM
For RZBALL COMPANY, by registered letter or by email to the addresses:
– Postal address: 930, Route des Dolines, 06560 VALBONNE SOPHIA-ANTIPOLIS
– Email address: email@example.com
I / we (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract relating tothe sale (*)
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of the consumer (s) (only if this form is notified on paper):
(*) Delete the unnecessary reference.
Send this letter by registered letter with acknowledgment of receipt.