DEFINITION OF PARTS
Between the Guillaume Guillou Society,
526 chemin de la Source, -, Hyères
with a Social Capital of -€,
registered in the Hyères Trade and Companies Register,
under SIRET number 75192417600017,
represented by Guillaume Guillou
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter referred to as the “Buyer” or “Customer”.
On the other hand,
The Vendor is a publisher of products and services of sports and food programs for CrossFit practitioners marketed through its website (https://www.weareathletic.com). The list and description of the products and services offered by the Company can be consulted on the aforementioned site as well as its sales pages..
ARTICLE 1 – OBJECT
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products and Services offered by the Vendor.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTS) apply to all sales of Products, or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTS then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These GTS can be consulted on the Company’s website at the following address: https://www.weareathletic.com/legal . The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale linked to a product or service, and accepts them without restriction or reservation. The Customer recognizes that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is legally able to contract under French law or validly represent the natural person or legal entity for which he is committing himself. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They will be charged to the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities, and the Company reserves the right to modify its prices at any time in the future. Telecommunication costs necessary for access to the Company’s websites shall be borne by the Customer. Where applicable, delivery costs are also payable by the Client.
ARTICLE 4 – CONCLUSION OF ONLINE CONTRACT
The Customer will have to follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, its options if any, and indication of the Customer’s essential data (identification, address, etc.); – Agreement to these General Terms and Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions, and payment of the products. – Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of correct execution of the order, the Customer agrees to provide true identification details. The Vendor reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the products, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies that he has received a detail of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available stocks only. Failing this, the Vendor shall inform the Customer. This contractual information is presented in detail and in French or in English. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the Products, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted under these terms and conditions are granted only to the natural person who signed the order (or the person who holds the email address provided). In accordance with the legal provisions regarding conformity and latent defects, the Vendor shall reimburse or exchange defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or letter.
ARTICLE 6 – RESERVATION OF OWNERSHIP CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – TERMS OF DELIVERY
The products are shipped to the delivery address that was indicated at the time of the order and the time indicated. This time does not take into account the time required to prepare the order. When the Customer orders several products at the same time, these may have different delivery times and be delivered in different ways. The Vendor provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Vendor reminds the Customer that at the moment when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to the availability of stocks from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately at the time of order, including for pre-ordered products. The Customer may pay by credit card or bank cheque. The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorises the Vendor to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return”. “The time limit mentioned in the previous paragraph shall run from receipt in the case of goods or acceptance of the offer in the case of services. The right of withdrawal may be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the above-mentioned period, only the price of the purchased product(s) and the shipping costs will be refunded, the return costs remain at the expense of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, manuals …) so that they can be remarketed as new; they must be accompanied if possible by a copy of the proof of purchase.
When downloading a program made available by PDF, no refund will be made, the nature of the product being clearly described on the relevant pages.
ARTICLE 11 – GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Vendor will refund the buyer or exchange products that are apparently defective or do not correspond to the order placed. The request for refund must be made by contacting the Container by email or by letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the good to act with the Seller – that he can choose between replacement and repair of the good subject to the conditions provided by the above-mentioned provisions, apparently defective or not corresponding – that he is exempt from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. – that, with the exception of second-hand goods, this period will be extended to 24 months from 18 March 2016 – that the consumer can also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
ARTICLE 12 – CLAIMS
If necessary, the Buyer may submit any complaint by contacting the company by email or by simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – MAJOR STRENGTH
The performance of the seller’s obligations under the terms hereof shall be suspended in the event of the occurrence of a fortuitous event or force major that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – NULLITY AND AMENDMENT OF THE CONTRACT
If one of the stipulations of this contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
ARTICLE 16 – RGPD AND PROTECTION OF PERSONAL DATA
In accordance with the European Data Protection Regulation, you have the right to question, access, modify, oppose and rectify your personal data. By agreeing to these general terms and conditions of sale, you consent to the collection and use of this data by us for the purpose of executing this contract.
ARTICLE 17 – APPLICABLE LEGISLATION
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.