1. Information
information
Service provider/Salesperson : Visit company We Are Athletic, (hereinafter “the Company”), company by actions simplifiée with capital of €1,000, headquartered at 526 chemin de La Source, 83400 Hyères, registered at Register from trade and from companies from Toulon at the number 949 203 426 00018 represented par Guillaume Guillou at quality of president.
Number individual identification VAT FR11949203426.
Contact
:
Mail : 526Chemin de la Source 83400 Hyères FRANCE
Email : contact@weareathletic.com
Phone : +33 6 18 27 27 42
Website
Internet
h ttps://weareathletic.com
Host
:
OVH SAS
2. Acceptance
of
Customer
The present General Terms and Conditions apply, without restriction or reservation, to all purchases. by a consumer customer (hereinafter referred to as “the Customer”). The main features offers are presented on the website or in the Company catalog. The Customer is held of take knowledge before any order. Visit choice and the order a offer is from the only responsibility from Customer. These Conditions General are available à and will prevail over any other version or document. contradictory. In the absence of proof to the contrary, the data recorded in the computer system from the Company are the proof from the whole from transactions concluded with the Customer.
The Customer hereby declares that he has read and understood these General Terms and Conditions. have accepted them by ticking the appropriate box before implementation of the online ordering procedure, to have received a copy at the time of the order confirmation and for having initialed and signed them for the sales concluded without means from communication remotely.
The buyer acknowledges having been informed, prior to placing an order and concluding the contract, in a legible and comprehensible manner, of the present terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
These General Terms and Conditions may be amended from time to time. However, the version applicable to purchase from Customer is the one accepted by the Customer.
3. Offers
offers
The offers proposed by the Company are described on the website and in the catalog. Visit Société undertakes to describe the offers proposed on the site as accurately as possible. internet.
The Company reserves the right to withdraw and/or modify any offer it deems useful in order de to adapt to the market.
Visit products sold are conform à the regulations at strength at France. Visit The Company shall not be held liable in the event of non-compliance with the law. from country in which visit products are delivered, that belongs to at Customer from check. Visit service
The company’s customer service team is available to give customers any advice they may require by telephone . is solely responsible for the choice of its orders.
It is also responsible conservation and use products.
4. Validity
of
offer
of
products
Visit offers from products agree in the limit from stocks available. Visit information on product availability is provided at the time the order is placed. order. However, in case of unavailability of a product after placing an order, the Company will inform the Customer as soon as possible by e-mail. Payment made by the customer on this purchase is returned to him within 1 month or the product sent when that the Company will be replenished.
The Customer must indicate the chosen option by e-mail within 7 days of its receipt. information by the Company. In any event, no compensation can be claimed for damages. claimed à the Company.
5. Parts
spare parts
The Société has informed the Customer, before the purchase and by in writing, of the period during which the spare parts essential to the use of the product will be available.
6. Controls
6.1 Controls on the site internet from the Company
All orders on the Company’s website require prior registration of the Customer on the website.
The order is confirmed by the customer by clicking on the “Confirm order” button. The “click” is an electronic signature with a value equivalent between the Customer and the professional to a signature handwritten.
6.1.1 Terms and conditions from the order at line : confirmation by signature electronics
- Visit the catalog at online catalog.
- Select the offer which you interested and add it at basket. You can then continue to buy or go to your order.
- If you want to continue purchase, repeat previous previous step.
- Previously à the confirmation from your order, check the content from this last so that sound price total and correct visit possible errors which would have pu intervene (1st click).
- Log on to on your account customer or register at you at filling the card planned contact à this effect.
At your first registration, you will receive a mail e-mail confirming identifiers of your account customer.
- Select the mode of payment desired.
- Accept the Conditions Terms and Conditions.
- Confirm your order at clicking on “ order with obligation from payment “ (2nd click).
- Proceed at payment from your your order.
10. You receive a mail electronics from confirmation accompanied from the invoice related à your purchase.
6.1.2 Confirmation from order at line and proof from the transaction
Confirmation of the order expresses the Customer’s final acceptance of the prices and characteristics of the purchases made by him, unless the Customer exercises his right of retraction under the conditions of article 14 below.
At from the confirmation from the order at line, the Customer will get a number from order and will have a summary of his order. By printing and storing it, the Customer holds the proof and date of his order. He will find the history and follow-up of his orders in its account client.
6.1.3 Proof
of
the
transaction
The computerized registers, kept in the Company’s computer systems under strict conditions reasonable from safety, will be considered as visit evidence from communications, orders and payments between the parties. Archiving orders and invoices is carried out on a reliable and durable medium in such a way that correspond to a faithful and durable copy in accordance with Article 1348 of the French Civil Code, and can be product à title from proof.
It is expressly agreed that, in the absence of manifest error on the part of the Company, the data kept in its information system have force probante as to the orders placed by the Customer.
6.2 Modification
of
the
command
Any modifications requested by the customer cannot be taken into account, within the limits of the Company’s possibilities and at its sole discretion, only if notified by e-mail at least 30 days before the scheduled delivery date or the starting point of the the subscription, and after signature by the Customer of a new contract and possible adjustment of the prices.
6.3 Cancellation
from
the
order
UNDER RESERVE FROM STIPULATIONS APPLICABLE AUX CONTRACTS CONCLUSIONS OFF ESTABLISHMENT AND AUX CONTRACTS CONCLUSIONS A DISTANCE, at case
cancellation from the order by the Customer after sound acceptance by the Company, for for any reason whatsoever other than force majeure, the price paid by the customer will automatically be refunded. right acquired to the Company and do can give place in any reimbursement.
Reciprocally, and except in cases of force majeure, in the event of cancellation of the order by the Company, the price paid by the Customer him will be returned within a period of 30 days.
7. Deliveries
–
Delivery
lead times
7.1 Description of commercial offer
We Are Athletic provides a sports programming service for general and specific physical preparation, as well as face-to-face and distance coaching, sports event organization and merchandising. Whose total offer can be found on https://weareathletic.com
8. Rates-
Payment
8.1 Price list
Visit price from offers proposed by the Company are indicated on the site internet and on the catalog at euros Exclusive of tax and inclusive of all taxes.
Visit fees from delivery will be indicated at from the order and/or on the quote and will be the load from Customer.
Visit fees from connection à internet, from telecommunications, visit fees equipment, for the use of applications, are chargeable of the Customer.
8.2 Payment
8.2.1 Cash payment
Visit product prices, some or the offer selected by the Customer, is payable counting, at to the day of the transfer from the order via PayPal or credit card
(EXAMPLE of a one-time purchase of clothing or a back squat program, not a long-term subscription, for example)
8.2.2 Subscription
Payment for program subscriptions is made by the Customer monthly, on the renewal date of every month by direct debit.
In the event of late payment of sums due by the Customer beyond the above-mentioned deadlines fixed, and after the date from payment featuring on the invoice addressed to à will result in the immediate payment of all sums owed by the customer. the Customer, without prejudice to any other action that the Company may be entitled to take, at this for against from Customer.
In addition, the Company reserves the right to suspend or cancel in the event of non-compliance with the payment terms above.
8.3 Discount
No discount will be granted by the Company for payment in cash or within a reasonable period. less than that set out in these general terms and conditions of sale and services from services, or on the invoice issued by the Company.
No rebates, discounts and rebates are practiced by la Société except special conditions.
8.4 Transaction security
The Company uses SSL (Secure Socket Layer) protocol to secure transactions. transactions.
9. Terms and conditions
use
of
applications
The Customer acknowledges having been informed by the Company of all the technical prerequisites necessary for the optimal operation of the applications, in particular the need to the need to connect to the website/application.
The customer is also informed that the prerequisites may change, for technical reasons.
Thus, if a evolution were to intervene during the duration of the present, the Customer would be informed within a reasonable time .
The access at applications/site by the Customer takes place à help identifiers à go to from smartphones and tablets IOS and Android.
Le customer acknowledges that is responsible of use of applications.
He alone is responsible for any damage suffered by his equipment and/or any loss of data as a result of downloading and using the applications.
The applications are accessible to the customer at any time, 24 hours a day, 7 days a week. out of 7, with the exception of maintenance periods for which the Company will inform the Customer. beforehand in a deadline from 12 hours minimum.
In the event of a security breach or unexpected technical problem, the Company may, without prior notice, temporarily interrupt the applications in order to remedy the situation as soon as possible without being held liable.
As a general rule, the Company accepts no liability in the event of the impossibility due to an event beyond its control (in particular, a problem with the Customer’s problems with the Customer’s smartphone or tablet, technical problems, disruption to the network internet ….)
In the event of the occurrence of any malfunction of the applications, the Customer shall notify the Company without delay and by any means it deems appropriate (e-mail).
To this title, the Société will do everything its possible to restore access to applications.
10. Warranty
The Company, whose contact details are given in Article 1 hereof, is the seller guarantor at title of hereof.
The products supplied by la Société benefit, in accordance with legal provisions :
- the legal guarantee of conformity under the conditions of articles L. 211-4 and of the Code of consumption,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use in the conditions provided for articles 1641 civil code.
No warranty is given for misuse, negligence or defects. maintenance from the share from Customer, as at case wear normal from , accident or from force major.
11. Liability
The Company will take all necessary care and diligence to ensure the proper performance of its services.
In any state of cause, the responsibility of the Société could not be sought in particular in case :
- of use by the Customer of the applications contrary to their object.
- use by the Customer of the applications then that the company had recommended to suspend their use.
- of use by the Customer from applications in a environment or according to a configuration not respecting recommendations from the Company.
- of loss of data.
- from occurrence from all damage which would result a fault or a negligence from Customer, or that this one could have avoid using Company.
- from network internet.
- Customer’s equipment.
- of a cyber-attack
12. Subscription duration
- The application subscription is for 12 months.
- At the end of this period, the subscription will be renewed by tacit agreement. for one or more periods of 12 months each, unless terminated by either party. of the parties, notified by registered letter with acknowledgement of receipt, addressed to the later 2 (two) months before the expiry of the period in courses.
At de l’article L 136-1, literally reproduced :
“The trader providing the service shall inform the consumer in writing, by letter or by fax. or dedicated e-mail, no sooner than three months and no later than one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renew the contract he concluded with a clause renewal tacit.
This information, delivered in clear, comprehensible terms, mentions, in a visible frame , the deadline of termination.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph of , the consumer may terminate the contract free of charge at any time at from the date of renewal.
Advance payments made after the last renewal date or, in the case of open-ended contracts, after the last renewal date, are subject to the following conditions indefinite term, after the date of conversion of the initial fixed-term contract, will be reimbursed within thirty days of the date of delivery. termination, less any sums corresponding, until such termination, to the performance of the contract.
In the event of failure to reimburse under the above conditions, the amounts due are interest at the legal rate. The provisions of this article apply without of those which make certain contracts subject to special rules by law. this which concerns information from consumer.
The three preceding paragraphs do not apply to operators of drinking water and sanitation services. They are applicable consumers and non- professionals “.
3In the event of breach or non-performance of any of the obligations of the present contract, the aggrieved party shall have the right to terminate the contract by operation of law 30 (thirty) days after the date of termination. shipping a setting at home perform sent to à the part faulty by letter registered mail or e-mail with acknowledgement of receipt that has remained without effect, without prejudice to of its right from request repair of the entire of its prejudice.
13. Right
of
right of withdrawal
According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
– the supply of goods whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
– the supply of goods made to the consumer’s specifications or clearly personalized;
– the supply of goods liable to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
– the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
– the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
Therefore, the withdrawal period does not apply within the meaning of this article and the customer may not invoke it.
14. Reserve
of
property
The company reserves the right, until full payment of the price by the customer, to retain ownership of the products sold, enabling it to repossess said products. The customer is prohibited from disposing of the products for resale or processing. Any deposit paid by the customer will be retained by the company as a lump-sum compensation, without prejudice to any other action it may be entitled to take against the customer as a result.
The customer therefore undertakes to take out an insurance policy to cover the risks of loss, theft or destruction of the designated goods.
15. IT
and
Libertés
In accordance with the French Data Protection Act 78-17 of January 6, 1978, we remind you that personal data which are requested at Customer are required at treatment from its order and à establishing bills, in particular.
These data can be communicated at any partners from the Company busy from execution, processing, management and from payment orders.
The processing of information communicated by via site internet has been the subject of a declaration to la CNIL.
In accordance with current national and European regulations , the customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her.
He can contact the Société either by postal mail or by e-mail at the addresses mentioned at article 1 of the present .
This right may be exercised in accordance with the terms and conditions set out in the Conditions of Use .
16. Property
intellectual
The content of the website is the property of the Company and is protected by French and international laws relating to to the intellectual property.
Any reproduction total or partial of this content is strictly prohibited and is susceptible de constitute a offence of counterfeiting.
In addition, the Company retains all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the customer’s request). The Customer is therefore prohibited from reproducing or exploiting the aforementioned information. studies, drawings, models and prototypes, etc., without the express prior written consent of of the Company that can condition à a financial compensation.
17. Integral
The parties acknowledge that these terms and conditions constitute the entire agreement between them and supersede any prior offer, provision or agreement, whether written or verbal.
18. Nullity
If any of the stipulations of the present general terms and conditions of sale should prove no at look a rule from right at strength or a decision judicial now would then be deemed unwritten, although this would not invalidate the conditions nor alter the validity from its other provisions.
19. Waiver
Visit makes that one or the other from parts do claims not the application a clause any of the present terms and conditions or acquiesces in its non-performance, whether it be or temporary, shall not be construed as a waiver of any right or obligation by this part at rights arising from for her of said clause.
20. Direct debit
The parties elect domicile at the addresses indicated on the order form for the Customer and at the address of its registered office for the Company.
21. Disputes
–
Jurisdiction
competent
By express agreement between the parties, these terms and conditions are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
In the event of a dispute, all claims must be sent to the company by e-mail to contact@weareathletic.com.
If the claim fails within 30 days, the customer is informed that he/she may have recourse to conventional mediation, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Failing this, all disputes arising out of or in connection with the validity, interpretation, performance, termination, consequences and consequences of these terms and conditions of sale shall be submitted to the competent courts.
*The dispute cannot can be examined by the mediator if :
- The Customer does not justify having tried au préalable, de de son litige directement auprès du Prestataire par une réclamation écrite,
- the request is clearly unfounded or abusive,
- the dispute has been previously examined or is en en cours d’examen by another mediator or by a court,
- the customer lodged his request with the mediator more than one year from his written complaint to ,
- the dispute does not fall within jurisdiction
The mediation is free for the consumer (except if this one has voluntarily recourse to a lawyer, a third party of his choice or an expert).
The mediator may not receive any instructions from parties nor may be remunerated depending on the result.
The mediation des litiges de consommation is subject to the obligation of confidentiality.