TERMS AND CONDITIONS OF SALE

A – PURPOSE

Our General Terms and Conditions of Sale (GTCS) aim to describe the terms and conditions of distance selling of goods and services between the company JBS SPORT DEVELOPPEMENT, hereinafter referred to as “the Seller” or “the Site”, and any individual or legal entity with the legal capacity to make a purchase via the website www.eryxfitness.com, hereinafter referred to as “the Customer”. They express the full obligations and rights of the parties and exclusively govern their relationship.
The purpose of these GVCs is to define the rights and obligations of the parties in connection with the online sale of goods offered by the Seller to the Customer, from this website.
These GTC express the entirety of the obligations of the parties. In this sense, the Client is deemed to accept them without reservation.
These GTC apply to the exclusion of all other conditions governing the sale of goods and services offered for sale through any other distribution channel.
The Site may have to adapt or modify these GVCs at any time, as the applicable GVCs are those in effect on the day of the customer’s order.
These terms and conditions apply to purchases made and delivered in France and abroad.
The Customer states that he has been aware of these GVCs and has accepted them before purchasing the property or placing an order. This acceptance is manifested by the fact of checking the box “I read and I accept the General Terms of Sale” when confirming the order. They are enforceable against the customer under the terms of article 1119 of the French Civil Code, and contain all the information listed in article L. 221-5 of the French Consumer Code.

Article L221-5 of the Consumer Code (recalled for information)

Prior to the conclusion of a contract of sale or supply of services, the trader shall provide the consumer with the following information in a legible and comprehensible manner:

1° The information specified in articles L. 111-1 and L. 111-2 ;

2° Where the right of withdrawal exists, the conditions, timeframe and procedures for exercising this right, as well as the standard withdrawal form, the presentation conditions and details of which are laid down by decree in the Conseil d’Etat ;

3° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, due to their nature, they cannot normally be returned by post;

4° Information on the consumer’s obligation to pay a fee when exercising his right to withdraw from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; this fee is calculated according to the methods set out in article L. 221-25 ;

5° Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;

6° Information relating to the professional’s contact details, where applicable the costs of using the distance communication technique, the existence of codes of good conduct, where applicable deposits and guarantees, cancellation procedures, methods of settling disputes and other contractual conditions, the list and content of which are set by decree by the Conseil d’Etat.

In the case of a sale by public auction as defined by the first paragraph of article L. 321-3 of the French Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of article L. 111-1 may be replaced by those of the agent.

B – Ordering

The Customer places his order according to the specifications mentioned on the Site, for any product listed in it and within the limit of available stocks. If a product ordered is unavailable, the customer will be informed.
For the order to be validated, the Customer must accept the present General Terms and Conditions of Sale by clicking in the designated area. They must also choose the delivery address and method, and finally validate the payment method.

C – Prices

The Vendor reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.
Prices are indicated in euros. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Prices do not include delivery charges, which are invoiced in addition and indicated before the order is validated.
At no time may the sums paid be considered as deposits or advance payments.

D – Payment

The products and/or services presented on the site are payable on order.
The sale will be considered final:

after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail;

and after receipt by the Vendor of the full price.

a) Payment terms

To pay for his order, the Customer has the choice of all the methods of payment made available by the Vendor and listed on the site.
Payments made by the Customer will not be considered final until the sums due have been effectively collected.
The Customer guarantees the Vendor that he has the necessary authorizations to use the method of payment chosen by him when validating the order form.
The Site reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment.
PAYMENT BY x3 OR x4 WITH ONEY: The customer hereby accepts Oney’s legal disclaimer, which can be accessed here: https://www.payplug.com/hubfs/payplug-oney/cgv.pdf

b) Default

In particular, the Vendor reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
The Site has set up an order verification procedure designed to ensure that no one uses another person’s bank details without their knowledge. As part of this verification process, customers may be asked to send us an e-mail containing a copy of their identity card and proof of address. The order will only be validated once the Vendor has received and verified the documents sent.

c) Property reserve

It is agreed that the products and goods delivered and invoiced to the Customer remain the property of the Vendor until full payment has been received.
Failure to pay may result in the products and goods being reclaimed.
The above provisions do not preclude the transfer to the Customer of the risk of loss or deterioration of the products, or of any damage they may cause, from the date of delivery.

E – Electronic signature

The online provision of the Customer’s credit card number and the final validation of the order shall constitute proof of the Customer’s agreement as regards :
- the amount set out for the purchase order,
- signing and expressacceptance of all transactions performed.
In the event of fraudulent use of the credit card, the Customer is invited to contact us at the following address: contact@eryxfitness.com.

F – Order confirmation

The Vendor sends the Customer a copy of the contract, on paper signed by the parties or, with the Customer’s agreement, on another durable medium, confirming the express commitment of the parties.

G – Proof of transaction

Computerized registers, kept in the Site’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

H – Product information

The products governed by these CGVs are those listed on this website. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with respect to this presentation, the Site could not be held liable
Product photographs are not contractual.

I – Product availability and delivery

a) Terms and conditions

Deliveries are made in France and abroad. For deliveries abroad, please contact us in advance. The delivery fee is borne by the Customer and varies depending on the type of order (more information directly on the item sheet of the property). They are indicated to the Customer at the time they check the availability of their product.

b) Availability

The period of availability is indicated when the Customer consults the stock.

In the event of unavailability of the product ordered, the Customer will be informed as soon as possible and will have the option of cancelling the order. The Customer will then have the option of requesting a refund of the sums already paid, at the latest within thirty (30) days of payment, or an exchange of the product. If an exchange is not possible, the Vendor reserves the right to cancel the order and refund the sums paid.

c) Delay

In the event that the availability or delivery deadline is exceeded, if this is not due to force majeure, the Customer must give formal notice to the Vendor to deliver within a reasonable additional period, by registered letter with acknowledgement of receipt.

If delivery is not made within this period, the Customer may cancel the sales contract by registered letter with acknowledgement of receipt to the following address: 5, Lotissement St Joseph, Les Martines, 84120, PERTUIS.

The sale will be considered cancelled if the goods are not made available or delivered before the Seller receives the registered letter. The product(s) will be reimbursed as soon as possible, and no later than 14 days following the Customer’s request for cancellation.

d) Risk transfer

Delivery is deemed to have taken place when the goods ordered are made available to the Customer by the carrier. This is evidenced by the signing of the delivery note by the Customer.

The product(s) ordered travel(s) at the sender’s risk; in the event of damage, it is therefore the customer’s responsibility to make all necessary observations and return the goods to the sender in accordance with the procedure described below.

J – Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. Delivery is made only after confirmation of payment by the Seller’s bank.
The ordered products are delivered according to the terms and conditions presented on the site.
Products are delivered to the address indicated by the Customer on the order form, and the Customer must ensure that this address is correct. Any parcel returned to the Vendor because of an incorrect or incomplete delivery address will be reshipped at the Customer’s expense. The Customer may, on request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the Customer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the Customer to collect the parcel at the location and within the period indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items. If they have been damaged, the customer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The Customer must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature. The Customer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s), and send a copy of this letter by fax or ordinary mail to the Vendor at the address indicated in the Legal Notice section of the site.
If the products need to be returned to the Seller, they must be the subject of a return request to the Seller within 7 days of delivery. Any claim made outside this deadline cannot be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

K – Delivery errors

The Customer must notify the Vendor on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made beyond this period will be dismissed.
The claim may be made, at the Customer’s option :
- Phone number: ’33 6 46 61 06 05
- email address: contact@eryxfitness.com
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Vendor from any liability to the Customer.
Upon receipt of the claim, the Vendor will assign an exchange number for the product(s) concerned and communicate it by e-mail to the Customer. A product can only be exchanged once the exchange number has been allocated.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, at the following address: 5, Lotissement St Joseph, Les Martines, 84120, PERTUIS.
In this case, we will bear the cost of returning the goods.

L – Legal warranty

The Vendor guarantees the conformity of the goods to the contract, enabling the Customer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold as defined in Articles 1641 et seq. of the French Civil Code.

In the event of implementation of the legal warranty of conformity, please note that :

the customer has a period of 2 years from delivery of the goods to take action;

the customer may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-17 of the French Consumer Code;

the customer does not have to prove the existence of a lack of conformity for 24 months following delivery of the goods. For used goods, this deadline is set at 6 months.

The customer may also decide to invoke the warranty against hidden defects of the item sold as defined in article 1641 of the French Civil Code, allowing him to choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

M – Right of withdrawal

a) Withdrawal period

In accordance with Articles L.221-18 and following of the Consumer Code, the Customer has 14 days to exercise his right of withdrawal, from the day after the customer or a third party, other than the carrier, receives the property, designated by him or from the day after he subscribed to the loyalty program on the Site.
In the case of an order for several goods delivered separately or in the case of an order for a property consisting of multiple batches or parts whose delivery is staggered over a defined period of time, the period is short from the receipt of the last good or lot or the last piece.

b) Contracts not covered by the right of withdrawal

The right of withdrawal cannot be exercised in the following cases:

Contracts to supply goods made to consumer specifications or clearly customized (special orders)
Contracts for the supply of goods that could deteriorate or expire rapidly
Contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
Contracts for the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
Contracts for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period
Contracts for the supply of newspapers, periodicals or magazines, except for subscription contracts for these publications.
Contracts for 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.
Contracts for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items.
Contracts for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional

c) How to exercise the right of withdrawal

The Client exercises his right of withdrawal without having to justify his decision and without having to bear any costs other than the costs of returning the property.
The Customer informs the Seller of his decision to withdraw by sending him, before the end of the fourteen-day period, the retraction form received with the confirmation of his order according to the model attached below or by the form to be downloaded in clicking here or by any other statement, unambiguous in which he expresses his willingness to retract.
In the event of a retraction by the Customer transmitted online, the Seller will communicate to the Customer an acknowledgement of receipt of the retraction by email.
The burden of proof for exercising the right of withdrawal lies with the Customer.

Sample withdrawal form

(Please complete and return this form only if you wish to withdraw from the Contract.)

To the attention of [A PRECISER].

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract concerning

for the sale of the good (*)/for the provision of the service (*) below Ordered on (*)/received on (*) bearing

the following order number (*) Name of customer(s) Address of customer(s) Signature of

(customers) (only if this paper form is notified) Date.

(d) The removal of the property or property by the Client

The Customer returns the goods to the Seller within 14 days at the latest from the notification of his retraction according to the terms defined on the site. Return shipping costs are at the Customer’s expense.

e) Customer refund

Principle
- Where the right of withdrawal is exercised for one (or) property, the Seller is required to reimburse the Customer for all the sums paid, including delivery costs, without undue delay and no later than 14 days from the date to the he was informed of the Client’s decision to retract.
- The Seller may defer the refund until the property is recovered or until the Customer has provided proof of the shipment of these goods. The refund will be made by the Seller using the same payment method used by the Customer for the initial transaction.
Limits on the right to reimbursement
1. In addition to the cases set out above, the Site may hold the Customer liable in particular in the event of :
  - deterioration of property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these assets;
  - any damage caused to the product as soon as the property is received by the Customer and until it is returned;
  - incomplete restitution of the property and its accessories without its packaging, instructions, documentation;
2. In such cases, the amount that may be withheld from the refund of the product or requested from the Customer may amount to :
  - 100 of the price of the property in a damaged product
  - 75 of the price of the property concerned in the case of a used product
  - 50 of the price of the property in the absence of restitution of the accessories,
  - 25 of the price of the property in the absence of restitution of its notice or documentation

N – Liability

The Seller shall not be liable for any consequential damages or costs, nor for any loss, including but not limited to loss of data or information, nor for any damages or expenses arising from the use or inability to use the product by the Customer.

O – Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties’ obligations and shall result in their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the parties’ control and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, the present GCS may be terminated by the aggrieved party.

P – Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the Seller, who is the sole owner of the intellectual property rights on this content.

The Customer undertakes not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

Q – Personal data

See “Privacy Policy” page.

R – Partial non-validation

If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

S – Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these GCS shall not be construed for the future as a waiver of the obligation in question.

T – Title

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

U – Applicable law

These GTC are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for rules of form. In the event of a dispute or claim, the Customer should first contact the Vendor for an amicable solution.

APPENDIX – Legal warranty provisions

Article L217-4 of the French Consumer Code

The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the French Consumer Code

The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.

Article L217-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L217-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the buyer’s request for intervention or from the time the good in question is made available for repair, if this is subsequent to the request for intervention.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 of the French Civil Code

Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.

TERMS AND CONDITIONS OF SALE

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