ARTICLE 1: SCOPE
1.1 These standard terms and conditions (“ST&Cs“) govern all the sales of products to professionals (the “Products“) as offered on the website https://america.prostart-bmxgates.com by Prostart (the “Website“), a French company with a share capital of EUR 10,000.00, under identification number 793 113 457 (RCS Creteil) and having its registered office at PROSTART Corp, 554 25th Rd, Grand-Junction Colorado 81505, USA, (the “Seller“) to any customer (the “Customer“) and worldwide.
2.1 Placing an order for Products entails the Customer’s full and unreserved adherence to these ST&Cs. In accordance with the law, these ST&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer.
ARTICLE 2: DEFINITIONS
“Customer“: Any legal entity or natural person purchasing Products from the Seller, for strictly professional purposes.
“Order“: Action for the Customer to accept these ST&Cs by ticking the box “I have read and I accept the general conditions of sale”, select a Product on the order page and validate the order process up to payment, according to the conditions set out in Article 3.
“Contract“: Set of documentation consisting of the Customer’s Order, these ST&Cs and any potential specific agreement which might be agreed upon by the Parties.
“Intellectual Property Rights“: any information belonging to the Seller or to any other person and in particular patents, trademarks, designs and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right that is subject to protection in one or more countries.
“Party“: the Customer on the one hand, and the Seller on the other hand, referred to jointly as the “Parties”.
“Products“: the Products provided and marketed by the Seller, as presented on the Website including trend books and/or CD ROMs.
“Website“: the website https://america.prostart-bmxgates.com
“Seller“: the company Prostart, specialised in sport solutions.
ARTICLE 3: ORDERS
3.1 The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer places in his “Cart”.
3.2 Before validating the Order, the Customer shall expressly accept these ST&Cs, by ticking the box “I have read and I accept the general conditions of sale”.
3.3 In order to ensure a secure payment from Customers on the Website, the Seller has taken out a secure payment guarantee with the Sherlock’s gateway system operated by Le Credit Lyonnais bank. The Order is only validated after the Customer provides the information required for the successful completion of his Order and pays for it.
This information is as follows:
- Customer’s name, billing address, email address, telephone number, SIREN/SIRET (French business registration numbers) and/or intracommunity VAT number; and
- Delivery address and recipient’s telephone number.
3.4 The Customer warrants the accuracy of all this information. Should all or part of the delivery addresses prove incorrect, thereby obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning the Orders.
3.5 The Customer’s Order shall be systematically confirmed via email, at the address indicated by the Customer when placing the Order. This confirmation email shall include, in particular, an invoice in the Customer’s name, summarising the identifying features of the Order.
3.6 In order to track the Order, the Customer may contact the Seller’s customer service department at the following email address: email@example.com
3.7 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfilment or payment of a previous Order or when the Customer has not complied with these ST&Cs.
ARTICLE 4: PRODUCT AVAILABILITY
4.1 The Order is placed subject to the availability of the Seller’s stocks. In case of shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production or cancellation of the Order.
On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim.
4.2 In case of shortage of supply, the Seller cannot be held liable for the physical impossibility of honouring the Order.
ARTICLE 5: DELIVERY
5.1 The Products are delivered DDP in Mainland France to the delivery address indicated when placing the Order. In order to optimise the delivery, it is advisable to provide an address to which the Order may be delivered during working hours.
5.2 The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination.
5.3 The delivery time for Mainland France is 48 hours and 72 hours working days for deliveries abroad.
5.4 For deliveries outside of Mainland France, It is the customer’s responsibility to provide the relevant local authorities with the necessary information and to ensure that the specific formalities for importing the Products into the territory of the destination country are scrupulously complied with. Any customs duties or local taxes are borne solely by the Customer.
5.5 The Seller’s online sale department under its sales contract is fully responsible for delivery and shipping, with the costs incurred being integral to these transactions. Should a dispute arise on delivery, any claim must be sent within 48 hours to the online sale department of Prostart, in addition to any reservations made to the carrier under legal conditions.
5.6 Delivery is made by Chronopost or DHL in Mainland France or by express carrier abroad. Failing delivery to the address indicated by the Customer within seven (7) working days after the scheduled delivery date indicated by the Seller, the Customer may cancel his Order by contacting the Seller at the following address: firstname.lastname@example.org. However, this cancellation shall not be possible when the Seller has been prevented making a delivery by a case of force majeure, as set out in Article 12 of the ST&Cs and has informed the Customer as soon as possible.
ARTICLE 6: PRICES
6.1 The prices are indicated on the Website in Euros, including all taxes applicable in France, processing and delivery costs.
6.2 The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.
6.3 In the event of an Order to be sent to a country other than Mainland France, customs duties or other local taxes (local VAT, customs tax, import duties, etc.) are likely to be payable. These duties are borne solely by the Customer and are his full responsibility, both in terms of declarations and payment to the relevant authorities.
ARTICLE 7: PAYMENT
7.1 The Order shall be paid for by payment card or Stripe once the Order has been validated. The payment cards accepted are CB, Visa, MasterCard & American Express. The Customer’s account shall be debited immediately after acceptance of these ST&Cs and validation of the Order, when the confirmation email is sent.
7.2 The Customer warrants that he has the necessary rights to use his payment card and that he is fully authorised to use it to pay for the Order. He also warrants that this card gives access to sufficient funds corresponding to the amount of the Order. Failing this, the Seller reserves the right to cancel the sale according to the conditions set out in Article 11.
7.3 For its part, the Seller uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of the Customer’s means of payment, over which it has no control.
ARTICLE 8: PRODUCTS COMPLIANCE
8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order placed. This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the type and quantity of Products delivered in relation to the quantity accepted and acknowledged by the carrier when loading, and the condition of the packing boxes.
8.2 If necessary, the Customer shall make his clear and precise reservations on the carrier’s slip in accordance with Articles L.133-3 et seq. of the French Commercial Code. Simultaneously, the Customer shall also send a copy of the letter to the Seller by registered letter with acknowledgement of receipt.
8.3 Should the Product delivered to the Customer not comply with the Order, the Customer may return it to the Seller.
8.4 If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller:
- either to have a Product delivered which complies to the one ordered (provided it is in stock);
- or to have a Product of equivalent quality and value delivered (provided it is in stock);
- or to be refunded for the price of the Product within thirty (30) days of his claim.
8.5 In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller.
ARTICLE 9: RETURNS AND REFUNDS
9.1 In the case of an unsatisfied customer, this one is allowed to return the product he bought within 14 days from the day he received the product(legal term) without any explanation. He will be refund once the Seller will receive the product back and examine that this one did not undergo any damage. In order to start the process, the Customer will send an email to email@example.com with the object “gate return” and will advise about his intention to not keep the product. If the fourteen day period expires on a Saturday, Sunday, or public holiday, it shall be extended to the next working day.
9.2 The customer will send back his product at his own cost to the following address only: PROSTART Corp, 554 25th Rd, Grand-Junction Colorado 81505, USA
9.3 Once the seller will confirm that the product is in perfect shape, he will advise the customer about it and proceed to the refund. The seller owns all rights to refuse the refund regarding the product.
ARTICLE 10: RETENTION OF TITLE
10.1 The Seller shall retain full ownership of the Products until the complete payment of the price and incidental costs by the Customer and actual collection by the Seller of the sums due under the Contract. Until they are paid for in full, they shall remain in the custody of the Customer who must assume the risks thereof.
10.2 The implementation of this retention of title clause cannot have any effect whatsoever on the transfer of risks to the Customer which takes place upon receipt of the Products by the latter.
ARTICLE 11: USE OF THE WEBSITE AND PERSONAL INFORMATION
11.1 The use of the Website shall not confer any rights. All rights used or represented on the Website shall remain the Seller’s exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.
11.2 Access to the Website is provided on an “as is” basis, accessible according to its availability and with no guarantee from the Seller. It shall be used at the user’s risk. The Seller does not warrant that (i) the Website, the content and Products offered shall fully meet the user’s expectations, (ii) the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses.
11.3 Computerised registries are kept in the Sellers’ IT systems under reasonable conditions of security as proof of communications, orders and payments made by the Customer. Purchase orders and invoices are filed on a reliable and durable medium. The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.
11.4 Pursuant to the French data protection act n°78-17 of 6 January 1978, the Customer has a right to access, modify, amend and delete his personal data at the following email address: firstname.lastname@example.org. More specifically, when the Order is placed and the Customer provides his personal data, he is asked to give his authorisation,
(i) if he wishes to receive information on the Seller’s Products and the Newsletter,
(ii) if he agrees to his data being shared with the Seller’s partners; and
(iii) for the purposes of the guaranteed secure payment on the Website.
11.5 Failing the Customer’s express agreement by clicking on each of these items, the Seller agrees not to make such a use of it.
ARTICLE 12: LIABILITY
12.1 The Seller’s online sale department disclaims all liability if the delivered Product does not comply with the legislation of the country of delivery (censorship, prohibition of a title or an author…).
12.2 Under no circumstances can the Seller be held liable for indirect or unforeseeable damage as defined by Articles 1150 and 1151 of the Civil Code, which include, in particular, financial and commercial damage, such as loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.
12.3 In any case, the amount of the Seller’s liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer.
12.4 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.
ARTICLE 13: FORCE MAJEURE
13.1 The Seller cannot be held liable for failure to fullfill one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.
13.2 In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.
ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS
14.1 The Products contain graphic, visual and textual elements and illustrations (the “Intellectual Property Rights”), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either the Seller or third parties.
14.2 Insofar as possible, the Seller identifies the authors and/or holders of these Intellectual Property Rights in the Product bibliography. Should a person or entity recognize one of these elements over which they may exercise rights and which are not completely identified or unidentified, the Seller shall remain available to receive such a claim.
14.3 Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation. The rights of use, representation and reproduction over the Products shall continue to be held by the Seller or by the holders of the rights as specified.
14.4 Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorisation of the rights holders.
ARTICLE 15: DISPUTE/APPLICABLE LAW
15.1 These ST&Cs, in addition to any contract entered into pursuant to the ST&Cs, are subject to French law. Contractual information is presented in French and the Products offered for sale comply with French legislation.
15.2 Shall the customer not be satisfied after the reception of the Product, Prostart decline all responsibility and will accept the Customer to return the product within 14 open days (except in case of a National day which will postpone to the following day).
15.3 The Paris Commercial Court has sole jurisdiction for any dispute relating to the Contract and/or the application of these ST&Cs.