CHAPTER 1: GENERAL PROVISIONS
ARTICLE 1 - DEFINITIONS
"Customer": means the User having ordered a Product sold on the Website;
"Order": means any order placed by the User registered on this Site, according to the terms and conditions described in Chapter 2;
"General Terms and Conditions of Sale" or "GTC": refers to the present general terms and conditions of sale applicable to any Order placed on the Site;
"Contract": means the contract entered into between the Customer and the Seller each time the Customer purchases Products on the Site;
"Consumer": means the User who is not acting for professional purposes and/or outside his professional activity;
"Product Description": means the portion of the Site in which the terms and conditions relating to the Products are set forth;
"Personal Information" means the details provided by the User about his/her personal situation at the time of his/her registration on the Site;
"Party" or "Parties": means individually Seller or Customer; or collectively Seller and Customer;
"Products": means the material things that can be appropriated and that are offered for sale on the Site;
"Site": refers to this Website: <boutique.girondins.com>;
"User": means any person who uses the Site;
"Seller": refers to the company FULL ACE, tenant-manager of the FC Girondins de Bordeaux Official Store, more fully described in Article 2 hereof.
ARTICLE 2 - PURPOSE AND SCOPE
The Official FC Girondins de Bordeaux online store, available on the site <https://boutique.girondins.com> (hereinafter the "Site"), is operated under a management lease by the company FULL ACE, S.A.S with a capital of 1,000,000€ registered in the Bordeaux Trade and Companies Register under number 349 592 428, whose head office is located at 16 rue Chanzy in MÉRIGNAC (33700) - APE 4649Z - VAT: FR 07 34 95 92 428.
The contact details of the Seller's Customer Service are:
E-mail : email@example.com ;
Telephone: 05 35 54 25 15 (cost of a local call without surcharge);
Monday to Friday from 9am to 12pm and from 2pm to 5pm (except public holidays).
The purpose of the present general terms and conditions of sale is to define the terms and conditions of distance selling between the company FULL ACE, tenant-manager of the Official Store FC Girondins de Bordeaux (hereinafter the "Seller"), on the one hand, and any individual or legal entity, capable within the meaning of the French Civil Code (hereinafter the "Customer"), on the other. The question of the validity of the powers to contract is the sole responsibility of the Customer, and in no case of the Seller, with regard to whom any sale will be valid, subject to the applicable contractual and legal provisions.
They specify in particular the various stages necessary for the placing of the order, the methods of payment, delivery, follow-up of the Customer's order, as well as the methods of return and refund of the Products.
These terms and conditions apply to the exclusion of all other terms and conditions, including those applicable to sales made on platforms other than this Site. They are accessible at any time on the Site and will prevail, if necessary, over any other version or other contradictory document.
CGU : https://www.girondins.com/fr/pages/30218/conditions-generales-dutilisation
ARTICLE 3 - PRODUCTS OFFERED FOR SALE
Generally speaking, the Products offered for sale on the Site are the following (hereinafter the "Products"): articles of clothing, shoes and accessories related to sport, match wear products, marked with the F.C. Girondins de Bordeaux logo, and digital gift cards.
The presentation of each Product is accompanied by an information sheet, describing its essential characteristics and properties, available in the tab "Product Description". This information sheet has been drawn up with maximum accuracy and precision to enable the User to have a faithful and complete description of the Product. The User is required to read it before placing an Order.
In addition, some of the Products offered for sale can be personalized (flocking). However, special characters such as « , ; . ‘ è é à ( ) > < - _ € @ » (non-exhaustive list) will not be flocked, except if they appear in a list of players associated with the jersey. In addition, the Seller reserves the right to refuse any type of flocking on an article that would be degrading or of a nature to harm the reputation and/or image of the F.C Girondins de Bordeaux.
The User has the possibility to contact, prior to his order, the Seller's Customer Service, by phone or by e-mail, for any information or additional information on the Product. Consequently, the choice and purchase of a Product is the sole responsibility of the Customer.
Especially, the photographs and graphics illustrating the Products presented on the Site are not contractual, they have only an indicative value, and could not engage the responsibility of the Salesman. The Seller shall nevertheless ensure that these photographs are as faithful as possible to the Product.
The Seller reserves the right to add at any time new Products, to delete all or part of the Products presented on the Site, or to modify their presentation, without any particular formality towards the User.
ARTICLE 4 - DURATION AND VALIDITY OF THE PRODUCT OFFER
Product offers are valid as long as they are visible on the Site. The Seller undertakes to honour the orders received only within the limits of the available stocks of Products, as specified when the Order is placed.
In the event that a Product ordered is unavailable after the Order has been placed, for example due to a stock error, the Seller shall use its best efforts to inform the Customer as soon as possible by e-mail or telephone. In the event that the Customer has ordered several Products, the Customer shall have the option of cancelling the part of the order relating to that Product, the remainder of the order remaining firm and final.
Following this cancellation, the Customer will be able, according to his choice, either to wait for the next delivery of the Product, the delay of which will be specified to him, or to be refunded the price of the ordered article, within fourteen (14) days following his request.
CHAPTER 2 - ORDERS
ARTICLE 5 - PLACING AN ORDER
5-1. Selection of items
It is up to the Customer to select on the Site the Product(s) he wishes to order, in order to add it to his basket.
The Customer has the possibility to check the details of his order (article, quantity, size, color, total price etc.), from the references of the offers visible on the Site and to correct possible errors, before confirming his acceptance. Information on the availability of the article(s) is given when the order is placed. It is the Customer's responsibility to check the accuracy of the order and to report or correct any errors immediately.
Any User must necessarily create an account on the Site in order to be able to place an order.
The Customer may, according to his choice, either follow a registration procedure allowing him to obtain a customer account, or connect using his Facebook, Apple, Google or LinkedIn account.
The creation of an account on the Site will require the communication by the User concerned of his e-mail address and the password he will have chosen. User is responsible for maintaining the confidentiality of his/her password and account and for all actions involving the use of such passwords and accounts.
5-3. Validation and payment of the order
The Customer will then have to fill in his address, choose the delivery method and the payment method he intends to use. After having accessed a summary of the said order, he will have to finalize it by his payment.
5-4. Confirmation of the order and formation of the sales contract
The sale shall be final only after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Seller has collected the full price.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above on the Site, constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
5-5. Refusal of an order
The Seller reserves the right to refuse to honor an order or to make a delivery in cases where the Customer has not paid, in whole or in part, a previous order, or has not complied with the terms of payment listed below, or in cases where a payment dispute remains.
ARTICLE 6 - DIGITAL GIFT CARD
The Customer can select on the Site the digital gift card he wishes to order for a beneficiary, in order to add it to his basket. In this respect, the Customer can order several gift cards by adding them one by one to his basket and by indicating, for each of them, the beneficiary. He can also choose the amount of the card, among the following amounts: 30€, 50€, 100€ or 150€.
The recipient(s) will then receive an email, upon billing of the order, with the digital gift card code.
The gift card is valid for one (1) year from the date of the order only on the online store. It can be used with any discount coupons.
The Customer is informed that the gift card is neither exchangeable nor refundable and may not be used in the Sainte Catherine and Stade Matmut Atlantique stores.
ARTICLE 7 - MODIFICATION OR CANCELLATION OF THE ORDER
As long as the order is not validated at the level of payment, the Customer can proceed to modifications and make his basket evolve, he can delete an article, or simply continue his purchases. To do this, simply click on "My cart" and make the desired changes.
However, once the payment is validated, the transaction is recorded and there is no way to modify or cancel it online. The Customer must wait to receive the Product(s) to carry out the return procedure after delivery of the package (within fourteen (14) days of receipt), in order to obtain a refund from the Seller, subject to the conditions provided in Article 18.
CHAPTER 3 - PRICES AND PAYMENT TERMS
ARTICLE 8 – PRIZES
The prices of the Products are those appearing on the Site, and especially on the page of the Product, at the day of its consultation by the Customer. They are indicated in euros, all taxes included, excluding shipping costs. They take into account the VAT applicable on the day of the order. The Seller reserves the right to pass on any change in the applicable rate of VAT to the prices of the Products, as well as any creation of new taxes and/or contributions that may be due, for example in environmental matters.
The prices take into account any discounts that may be granted by the Seller from time to time.
Where applicable, they also take into account the customization of a Product that may have been requested by the Customer.
The Seller also reserves the right to change its prices at any time. However, it undertakes to apply the prices in effect at the time the Customer places the order, subject to availability on that date.
The price indicated does not include the costs of processing, shipping, transportation and delivery, which shall be invoiced in addition, calculated prior to the placing of the order and detailed, where applicable, in the summary of said Order, unless a special offer is made to waive said costs. In addition, if the Customer chooses a shipping method that is faster and more expensive than standard shipping, the additional shipping costs, as they appear at the time the order is validated, shall be fully charged to the Customer.
The final payment requested from the Customer corresponds to the total amount of the purchase, including delivery costs.
An invoice is established by the Seller and given to the Customer, at the time of the delivery of the ordered Products.
ARTICLE 9 - PAYMENT CONDITIONS
The price is payable in cash and in euros, in full on the day the order is placed by the Customer, by secure payment, according to the terms and conditions mentioned below in Article 10.
Payments made by the Customer shall be considered final only after the effective collection of the amounts due by the Seller.
An order shall be considered as completed when all Products have been shipped and the Customer has paid in full for the Products and the shipping costs, unless a special offer is made to waive said costs.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
ARTICLE 10 - MEANS OF PAYMENT
10-1. Secure payment by credit card
Payment is made online by credit card when the Customer places the order. The accepted cards are the following: Carte Bleue, Visa, Mastercard, Mastreo.
The Customer is then redirected to the page of the payment provider (Payplug) where he/she will choose to pay his/her order by credit card, Visa, Mastercard or Mastreo, following the instructions indicated.
The General Conditions of Payplug are available here: Payplug General Conditions.
The Seller reserves the right to cancel an order which would present a risk of fraudulent use of a bank card during the verification of bank details, or in case of refusal of payment authorization by banking organizations.
Payment by credit card is irrevocable, except in case of fraudulent use of the card, under the conditions provided for by the Monetary and Financial Code.
10-2. Payment by Paypal account
The Seller has also adopted the PayPal payment system, which allows account holders to make purchases on the Site through this method. This solution allows to limit the information that the Customer communicates to the Seller and guarantees the conformity and the security of each transaction.
10-3. Digital gift card
The payment of the order on the Site can also be made, in whole or in part, by means of a digital gift card.
In this respect, the beneficiary of the card can proceed to the payment of his order by means of the promotional code that will have been previously sent to him by e-mail. The gift card code must be entered in the "promotional code" area of the shopping cart. The card can also be used with any discount coupons.
ARTICLE 11 - RETENTION OF TITLE
The Seller shall retain full ownership of the Products offered for sale until all amounts due by the Customer in connection with the Order have been paid in full (including all taxes, duties and/or fees). The transfer of ownership of the Seller's Products to the Customer shall only take place once the price has been paid in full by the Customer, regardless of the delivery date of the Products.
CHAPTER 4 – DELIVERY
To find out about the terms, delays and costs of delivery, the Customer is invited to read the "Delivery and Shipping Policy" by clicking on the following link: <a href="/en/content/1-delivery">Delivery</a>.
ARTICLE 12 - FOLLOW-UP OF THE ORDER
Following the validation of his order, an email will be sent, within a reasonable time, to the Customer, containing a link to the details of the order and confirming:
- The registration of the order;
- The details of the Product(s) ordered;
- The summary of his personal information including the delivery address.
Thereafter, the Seller shall automatically send an e-mail informing the Customer of the shipment of the order and of the expected delivery time by the services of La Poste, or the carrier specifically chosen by the Customer (the delivery time varying according to the carrier chosen).
The Seller shall in no case be held responsible for a lack of information in the event that the Customer has provided a false or erroneous e-mail address.
The Customer may, at any time, connect to his customer account, in order to follow the progress of his order, in the "Order History and Details" section.
For any question relating to the follow-up of his order, the Customer can also contact the Seller's Customer Service: firstname.lastname@example.org - 05 35 54 25 15 (cost of a local call without surcharge) - Monday to Friday from 9am to 12pm and from 2pm to 5pm (except public holidays).
ARTICLE 13 - DELIVERY LOCATION
The Products ordered by the Customer are sent to the delivery address that the Customer has indicated, or to the Delivery Point chosen when placing the order.
Specifically, the Products ordered are delivered in the following geographical areas:
- Metropolitan France and Corsica;
- Overseas (DROM);
- European continent:
Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
For any delivery outside the above-mentioned geographical areas, the Customer must contact the Seller's Customer Service: email@example.com - 05 35 54 25 15 (cost of a local call without surcharge) - Monday to Friday from 9am to 12pm and from 2pm to 5pm (excluding public holidays).
ARTICLE 14 - DELIVERY TERMS
Except in special cases, if the Customer orders several Products, they will be delivered at once. In any case, the delivery is deemed to have been made as soon as the article is handed over to the Customer, notably by the carrier.
14-1. Deliveries in Metropolitan France and Corsica
Deliveries in mainland France and Corsica are handled by DPD. Details of delivery costs are given in the "Delivery and shipping policy" section, to which the Customer is invited to refer, and are indicated when placing each order.
As an indication, the shipping costs are:
- 7.90 € for orders under 100 € (VAT INCLUDED);
- Free for orders over 100 € (VAT INCLUDED).
14-2. Overseas deliveries
Overseas deliveries are handled by Colissimo. The customer is invited to refer to the rates indicated when placing the order for shipping costs.
14-3. European and international deliveries
European and international deliveries are handled by DPD and Colissimo. The customer is invited to refer to the rates indicated when placing the order for shipping costs.
ARTICLE 15 - DELIVERY TIME
The Seller undertakes to provide all material and human efforts to deliver the Products as soon as possible, and at the latest within thirty (30) days following the registration of the order, subject to the full payment of the sums owed by the Customer to the Seller and within the limit of the stocks of Products available.
Delivery times may vary depending on the geographical area of the delivery location, the delivery method or the Product ordered by the Customer.
Especially, in case of order of a Product to be personalized (flocking), a maximum preparation time of 72 additional hours will be necessary.
In the case of pre-ordered or out-of-stock Products, the delivery time is understood to be from the date of availability of the Products. In this case, the Seller will specify to the Customer the estimated date of the next delivery.
The Customer is required to pay particular attention to the details filled in on the order form and in particular to the delivery address. The Seller shall not be held responsible for any delay, absence or impossibility of delivery due to the address indicated by the Customer, especially if said address is false or erroneous.
In the event that delivery is made impossible, in particular due to an error in the delivery address indicated by the Customer, the package will be returned by the carrier to the Seller. The same shall apply in the event of a package not being claimed by the Customer.
The Customer shall have the option of contacting the Seller's Customer Service Department to indicate a new address and, at the request of the latter, will reship the order and, in this case, the additional delivery costs shall be borne by the Customer.
However, if within two (2) months from the return of the package to the Seller, the Customer has not come forward to request the reshipment of the package, the latter shall be considered as "unclaimed". In this case, the Seller reserves the right to unilaterally cancel the sales contract, without prior notice. The product(s) may then be put back on sale by the Seller, who will reimburse the Customer for the amount of his order, at the invoiced price excluding delivery, the delivery costs remaining at his expense, with the exception of personalized Products.
In addition, the responsibility of the Seller cannot be engaged for reasons related to the overtaking of the delivery periods:
• In periods of high demand, such as holiday periods,
• For delays caused by a case of force majeure, i.e. due to the occurrence of an event beyond its control, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, such as a strike, or in case of epidemic or pandemic,
• For events that are exclusively attributable to the carrier responsible for the delivery.
In any case, in accordance with the legal provisions, in case of delay of delivery superior to six (6) weeks, the Customer benefits from the possibility to cancel the contract in the conditions and modalities defined in the Article L.216-2 of the French Consumer Code. In this case, if the Customer received the Product, after its cancellation, the Seller will proceed to the refund of the Product and to the "outward" expenses in the conditions of the Article L.216-3 of the French Consumer Code.
15-2. Conditions specific to certain carriers
• DPD / Colissimo
As an indication, if the Customer chooses home delivery, his parcel will be shipped within 2 to 5 working days. Additional delivery times may apply for deliveries within Europe.
As an indication, if the Customer chooses express delivery, the parcel will be dispatched on the working day of order validation if the order is placed before 12pm, and on the next working day if the order is placed after 12pm.
ARTICLE 16 - DELIVERY – RESERVES
The Customer must check the condition of the delivered Products, especially if the original packaging has been damaged, torn or opened, in order to verify that they are not damaged. If the Customer finds that the Products are damaged, he/she must refuse the package and indicate his/her reservations on the delivery note.
In general, the Customer must indicate on the delivery note, in the form of handwritten reservations accompanied by his signature, any non-conformity of the Products, in kind or in quality, with respect to the mentions on the order form. This verification is considered to have been carried out as soon as the Customer has signed the delivery note.
In any case, the Customer has a right of complaint of 7 days as from the delivery of the Products. In order to exercise this right of complaint, the Customer must send the Seller, at the address firstname.lastname@example.org - Monday to Friday from 9am to 12pm and from 2pm to 5pm (excluding public holidays), a statement in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents (receipt note countersigned by the carrier, photographs etc.).
After this period, and in the absence of compliance with these formalities, the Products shall be deemed to be in conformity with the order and no claim shall be validly accepted by the Seller.
Upon receipt of such claims, the Seller shall exchange the Product, issue a credit note or reimburse the Customer, provided that the defects in conformity or apparent or hidden defects in the Products have been duly proven by the Customer, in accordance with the conditions set forth in Article 22.
ARTICLE 17 - RIGHT OF WITHDRAWAL
17-1. Explanation of the right of withdrawal
In accordance with the legal provisions in force, the consumer Customer has a period of fourteen (14) working days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalties. Once this period has expired, the Customer no longer has the right of withdrawal.
To exercise his right of withdrawal, the Customer must notify the Seller of his decision to withdraw from the Order
- either by filling in the form provided for this purpose on the Web Site: Withdrawal Form;
- or by filling in the model available in the appendix below.
If the Customer chooses to complete the attached template, it must be returned signed by e-mail: email@example.com - Monday through Friday, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m. (excluding public holidays).
17-2. Personalized products
In accordance with article L. 221-28 3° of the French Consumer Code, and with the exception of the above, the Customer is informed that the right of withdrawal is not applicable to orders for personalized Products available on the Site.
17-3. Gift cards
If a gift card has been used when placing an order on the Site, the right of withdrawal belongs to the Customer who purchased the said card and cannot be exercised by the beneficiary of the card.
CHAPTER 5 - EXCHANGES, RETURNS AND REFUNDS
ARTICLE 18 – RETURNS
18-1. Terms of return
When the Customer exercises his right of withdrawal, or in the event of non-conformity of the Products ordered, the Products must be returned to the Seller, directly by post, within a period of fourteen (14) days, depending on the case, following the date of receipt of the order, or following notification to the Seller of the Customer's decision to withdraw, to the following address
FULL LOGISTIQUE - Official Store F.C. Girondins.
LIEU-DIT AU PETIT PIERRE
Immeuble le KITE
137 rue Dauphine
The returns of the Products are carried out under the following conditions:
- accompanied by the "Return Form", which can be downloaded by clicking on the following link: Return form;
- accompanied by the corresponding original invoice;
- in their original packaging;
- in their entirety (plurality of Products, labels, accessories, user manuals etc.);
- clean and not worn;
- neither damaged nor deteriorated;
- in perfect condition for resale.
Any Product that has been damaged, spoiled, incomplete, soiled, or whose original packaging has been damaged, and which has not been the subject of written reservations by the Customer, under the conditions described in Article 16, will not be accepted.
In the case of a return for non-conformity of the Product, the Customer is obliged to enclose with his parcel all supporting documents likely to establish the proof of the non-conformity and/or defect (delivery note, photographs etc.).
In addition, the Customer is obliged to download, print and fill in the return form specially designed for this purpose on the Site.
18-2. Non-returned Products
Personalized (flocked) Products are not included in the above-mentioned return policy and are not accepted by the Seller.
Similarly, some Products, because of their nature, cannot be taken back by the Seller, for example underwear or swimwear, for reasons of hygiene.
18-3. Return shipping costs
In case of exercise of the legal right of withdrawal, the return costs remain at the charge of the Customer. In this context, and for a better security, the Customer is advised to send back the Product by registered mail with acknowledgement of receipt or any other means allowing the tracking of the package.
In case of non-conformity or defect of the Product, the return costs are paid by the Seller. To do this, the Customer must contact the Customer Service Department so that a return label can be sent to him: firstname.lastname@example.org - Monday to Friday from 9am to 12pm and from 2pm to 5pm (excluding public holidays).
ARTICLE 19 - EXCHANGES – REFUNDS
In case of withdrawal, non-conformity or defect duly justified, or in case of cancellation of the order due to unavailability of the Product, the Seller undertakes to refund the amount of the Customer's order, within fourteen (14) working days. The refund will be made by the same means of payment as the one used for the purchase, by crediting the Customer's bank account, and will not entail any costs for the Customer.
However, the refund may be deferred until the Seller has recovered the Products as a whole.
19-2. Special cases - Promotional offers - New orders
In the event of a request for reimbursement of Products purchased during promotional offers, the Seller reserves the right to require the return of all Products constituting the promotional offer concerned.
- In the event of a new order, if this order is for an amount greater than the one previously placed, the Customer must attach to the exchange request the payment of the remaining price.
- Otherwise, if the amount of the new order is less than the one previously made, the Customer will receive, upon receipt of the request, a credit note in the form of a code for reimbursement of the difference. The Customer must then use this credit within twelve (12) months of its issue, failing which the Customer will not be able to use or demand reimbursement of the credit.
19-3. Non-exchangeable and non-refundable Products
The Customer is informed that the personalized (flocked) Products will not be exchanged or refunded, except in the case of non-conformity or defect.
It is specified that the number of a player is not contractual and can be changed during the season. In the event of a change of player number when the new official list is published, all jerseys previously flocked with the official number of the previous lists will not be taken back, exchanged or refunded.
Products which, due to their nature, cannot be taken back by the Seller, for example for reasons of hygiene and/or public health, such as underwear or swimwear, are neither exchangeable nor refundable.
Finally, the Customer is informed that digital gift cards are neither exchangeable nor refundable, even partially. No cash refunds will be made.
ARTICLE 20 - SPECIFIC CONDITIONS OF SALE APPLICABLE TO PERIODS OF SALES, CLEARANCE SALES, PROMOTIONAL OFFERS
The Customer is informed that, during the periods of sales and/or particular promotional offers, the particular conditions of sale defined below will apply:
- as an exception to articles 18 and 19 above, returned Products cannot be exchanged and will automatically be refunded, under the conditions and according to the terms set out in article 19-1.
- any promotional codes from which the Customer may benefit are not applicable during the period concerned.
CHAPTER 6 – SELLER’S LIABILITY AND WARRANTY
ARTICLE 21 - LIMITATION OF LIABILITY
Placing an order implies knowledge and acceptance of the characteristics and limits of the Internet. In particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible hijacking and the risks of contamination by possible viruses circulating on the Internet network.
Consequently, the Seller shall not, under any circumstances, be held responsible for any direct or indirect damage resulting from an interruption, a malfunction of any kind, or for any direct or indirect damage resulting in any way from a connection to the Site.
It is the responsibility of any person connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. The connection of any person to the Site is done under his entire responsibility.
The Products offered are in conformity with the French legislation in force. The Seller shall not be held liable in the event of non-compliance with the legislation of the country where the product is delivered, for example in the event of a product ban. It is up to the Customer to proceed to these verifications, before placing his order.
Likewise, the Seller shall not be held liable in the event of misuse for professional purposes, negligence or lack of maintenance on the part of the Customer, nor in the event of normal wear and tear of the Product, accident or force majeure.
As mentioned above, the Seller shall not be held responsible for delays in delivery for reasons beyond its control, independent of its will or whose fault cannot be attributed to it.
ARTICLE 22 - FORCE MAJEURE
In the event of force majeure, as defined in Article 1218 of the Civil Code, Seller's performance shall be suspended in whole or in part.
Force majeure shall mean any event beyond the control of the Seller, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, and which prevents the Seller from performing its obligation. For the purposes of this Agreement, the following shall constitute an event of force majeure: general strikes, wars, riots, epidemics or pandemics.
In the event of the occurrence of an event qualified as force majeure according to the preceding paragraph, the Seller undertakes to notify the Customer as soon as possible.
ARTICLE 23 - LEGAL GUARANTEES
The Products offered for sale by the Seller benefit, independently of the right of withdrawal and of any other commercial guarantee possibly granted by the Seller:
- the legal guarantee of conformity, for the apparently defective, damaged or damaged products, or not corresponding to the order;
- the legal guarantee against hidden defects, resulting from a defect in material, design or manufacture, affecting the products delivered and making them unfit for use.
In any case, the Seller's warranty is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
23-1. Legal guarantee of conformity
It is reminded that, within the framework of the legal guarantee of conformity, the Customer:
- has a period of two (2) years from the date of delivery of the goods to take action against the Seller;
- may choose between repairing or replacing the Product ordered against a Product that conforms to his order within fourteen (14) clear days from receipt of his order, subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code;
- may request a refund of the Products ordered;
- is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product;
23-2. Legal guarantee against hidden defects
The Customer may decide to implement the warranty against hidden defects of the Products sold, in the sense of Article 1641 of the Civil Code.
The Customer must provide proof of a hidden defect, prior to the sale and preventing the use of the product.
If such proof is provided, the Customer has the option of either rescinding the sale or reducing the sale price, in accordance with Article 1644 of the Civil Code.
It is reminded that the warranty action against hidden defects must be exercised within two (2) years from the discovery of the defect, in accordance with Article 1648 of the Civil Code.
CHAPTER 7 - MISCELLANEOUS PROVISIONS
ARTICLE 24 - PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the Personal Information requested from the Customer is necessary for the processing of his or her order, for the preparation of invoices and delivery notes, in particular.
The processing of information communicated through the Site meets the legal requirements for the protection of personal data, the information system used to ensure optimal protection of such data.
Where applicable, this data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
This information concerns in particular the choices Users have concerning the use of "cookies" files likely to record the contents of the Order basket, as well as the processing of data related to the navigation of terminals (computer, tablet, smartphone) on the Site.
ARTICLE 25 - INTELLECTUAL PROPERTY
25-1. Ownership of the Site and its elements
The photographs presented on the Site are the exclusive property of the Seller and are protected by French and international laws relating to intellectual property. Any partial or total reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
On the other hand, the visuals and logos presented on the Site are the exclusive property of Football Club Les Girondins de Bordeaux and are protected by French and international laws relating to intellectual property. Any partial or total reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
With the exception of the visuals and logos, this Site, as well as all of its content and other elements, including the underlying technology, are the exclusive property of the Seller and are protected by French and international laws applicable to intellectual property. All reproduction rights are reserved, including downloadable materials. Downloadable documents are also protected by copyright.
Any total or partial reproduction of this content, on any medium whatsoever and for any reason whatsoever, is strictly prohibited and may constitute an infringement.
25-2. Ownership of trademarks
It is reminded that the " F.C. Girondins de Bordeaux " brand is the exclusive property of the company SA FOOTBALL CLUB DES GIRONDINS DE BORDEAUX. Any use and/or reproduction, total or partial, of this brand is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 26 - APPLICABLE LAW – LANGUAGE
The present general conditions of sale and the operations resulting from them are governed by and subject to French law. They do not preclude laws and regulations of public order of protection, such as the law of consumption.
They are written in French. In the event that they are subsequently translated into one or more other languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 27 - DISPUTES - MEDIATION – JURISDICTION
In the event of litigation, the Customer must address himself in writing to the Customer service of the Seller by electronic mail (email@example.com) or postal with the 16 Rue Chanzy - MÉRIGNAC (33700).
In accordance with the article L.612-1 of the French Consumer Code, the Seller is equipped with a mediation device. The Customer can submit the litigation opposing him to the Seller to a mediator who will try, in all independence and impartiality, to bring together the parts in order to lead to an amicable solution.
The Customer may apply to the Consumer Ombudsman, in the event of failure to file a claim with the Seller's Customer Service or in the absence of a response from this service within two months, in accordance with the following procedures:
Information and digital referral (by form) of mediation requests: www.mediateurconso-bfc.fr
Mailing of the files: C&C-Médiation / 37 rue des Chênes - 25480 MISEREY-SALINES.
The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr.
In the absence of an amicable agreement, any dispute relating to the interpretation of the GTC, the execution or the breach of a sale, is submitted to the legally competent courts.
ARTICLE 28 - APPLICATION IN TIME
The general terms and conditions of sale applicable to the Contract concluded between the Seller and the Customer shall be those in force on the day the Order is placed on the Web site.
The Seller reserves the right to modify them at any time. In such a case, the new modified general terms and conditions of sale shall be enforceable against Users of the Site as of the date they are posted online and shall apply only to orders placed subsequent to such modification.
ARTICLE 29 - PARTIAL NULLITY
The nullity of a clause of the present general conditions does not entail the nullity of the said conditions as a whole, which will remain applicable for the remainder and interpreted according to the economy of the contract.
ARTICLE 30 - NON-WAIVER
The fact that either party does not avail itself of any of the rights resulting from these terms and conditions shall not be construed as a waiver on its part of any other right provided herein.
ARTICLE 31 - FINAL PROVISIONS - CUSTOMER ACCEPTANCE
The fact that the Customer orders on the Site implies full and complete acceptance of these general terms and conditions of sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.
After having read the present general conditions, the Customer declares to accept them.
Shipping and delivery policy
SAMPLE WITHDRAWAL FORM
To the attention of:
I, the undersigned (Last name, First name):
Hereby declare to cancel my order below:
- Date: ______________________________
- Number: ___________________________
- Validated on: _________________________
- Received on: __________________________
Date of withdrawal: