Terms and conditions of sale
These \"General Terms and Conditions of Sale\" apply to legal operations in connection with products commercialized by EKINSPORT SAM to its clients on its virtual boutique, www.ekinsport.com.
Definitions
The following words and expressions shall have the following meanings:
Internet Boutique: shall designate 's Internet site on which the Products are presented and sold to clients.
Order: shall designate the sales contract concluded between and the client of 's Internet Boutique.
Product Index Card: shall designate all existing information pertaining to a product furnished by at the time said product is marketed on the Internet Boutique.
Products: shall designate all goods and services sold by Ekinsport on its Internet Boutique.
Service: shall designate the selling of Products by Ekinsport to clients of Ekinsport's Internet Boutique.
Transaction: shall designate all operations, secure processing, authorizations and agreements pertaining to the payment of the price of Products ordered by credit card.
Article 1 - Purpose
The purpose of the General Terms contained herein is to define the terms and conditions according to which Ekinsport offers and sells Products to its clients.
These General Terms shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing beforehand.
Article 2 - Acceptance of conditions
The client acknowledges having read and understood, at the time of placing the Sales Order, the present Terms and Conditions and expressly declares having accepted them without reservation. The present Terms and Conditions govern the contractual relationship between Ekinsport and its clients, and are accepted by both parties without reservation.
Article 3 - Products
The majority of products offered by Ekinsport to its customers can be dispatched within 2 working days. However, all products marketed by Ekinsport may or may not be sold online.
Article 4 - Ordering
Ekinsport will confirm the client's acceptation of his or her Sales Order by sending a confirmation message to the client's e-mail address. The sale will not be concluded until said order confirmation has been sent.
Ekinsport reserves the right to refuse or cancel any client's Sales Order, notably in the event of the client's insolvency or in the event of non-payment of the Sales Order in question, or in the event of a dispute relative to the payment of a previous Sales Order.
The client is exclusively responsible for any information that he or she provides when making the Sales Order. The client is exclusively responsible for any information that he or she provides when making the Sales Order. shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s).
Article 5 - Delivery
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, will ship the Product(s), under responsibility, to the client or recipients address.
All Products set out in the Sales Order transmitted to are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If necessary, the client will ensure that all taxes, rights and/or other shipping charges, including the Products themselves, are paid upon receipt of goods; it being understood that shall in no way be held responsible for making said payments.
The client or recipient of the Products shall refrain from any partial or total resale of the Products.
Delivery will be made by La Poste, DPD or Mondial Relay, according to Ekinsport's choice.
Our prices include VAT but exclude \"Delivery Charges\".
In the event of late delivery exceeding seven (7) days, the Customer may, if he so wishes, and except in cases of force majeure, cancel the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days of the delivery date initially stipulated in the contract.
On receipt of the Products ordered, the customer or recipient must check that the goods delivered are in good working order, and must familiarize himself/herself with the conditions of use set out in the instructions supplied.
Should one or more of the Products ordered be missing or damaged, the customer or recipient must make any necessary reservations with the carrier at the time of delivery.
In the event of apparent defects, the customer has the right to return the goods in accordance with the conditions set out in the instructions for use.
For reasons of Product availability, an Order may be subject to several successive deliveries to the customer.
Should the client require delivery of the Products ordered to two different addresses, 2 separate Sales Orders will need to be placed.
Article 6 - Withdrawal
The client disposes of 30 days following the receipt of the Products to return said Products to for reimbursement. In this case, the client must return the Products new and undamaged, accompanied by any accessories, user manuals and documentation.
The customer must send a request by e-mail to [email protected]. Our team will then issue a return reference to the customer, to be indicated on the parcel.
Upon receipt, and after verification of quality control, we will proceed with the exchange or refund as requested.
In the event of exercising the right of retraction, Ekinsport undertakes to reimburse the sums paid by the customer, free of charge, with the exception of the cost of return (no additional taxes).
Reimbursement is due within a maximum of 30 days.
Any personalized product (flocking, embroidery, sublimation, etc.) delivered cannot be exchanged or reimbursed .
Article 7 - Prices
Prices are expressed in euros.
The price indicated on the Product Sheets does not include shipping costs.
The price indicated in the Order Confirmation is the final price, inclusive of all taxes and including VAT. This price includes the price of the Products, the costs of handling, packaging and storing the Products, and the costs of transport and commissioning.
Article 8 - Payment
The price invoiced to the Client is the price indicated on the Sales Order confirmation sent by .
The price of the Products is payable in cash by one of the methods indicated on the Site on the day on which the Sales Order is placed.
The Sales Order validated by the client will only be considered effective once the secure bank payment center has given its agreement to the transaction and, where applicable, once the insurer has accepted responsibility for the risk.
Article 9 - Applicable law
These general terms and conditions of sale are governed by Monegasque law.
Article 10 - Liability
Ekinsport shall not be held liable for bodily or material damages incurred to any third party resulting from improper functioning or use of the Products. The same applies to any modifications made to the Products by the manufacturers.
Ekinsport's liability shall in any event be limited to the Sales Order price, and shall not be held liable for any trivial errors or omissions despite the precautions made by Ekinsport in handing over the Products. In the event of difficulties in the application of the present contract, the customer and Ekinsport reserve the right, prior to any legal action, to seek an amicable solution.
Failing this, for commercial customers, the Commercial Court of Monaco shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Article 11 - Warranty
In all cases, Ekinsport cannot be held responsible for failure to comply with the regulatory and legislative provisions in force in the country of receipt. The liability of the Ekinsport shall be systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the brand name or Product manufacturer.
In any event, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 et seq. of the French Civil Code.
The customer may contact customer service by e-mail at [email protected].
Response: 48/72 hours.
Article 12 - Legal information
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and routing of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the Order not being validated.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of nominative customer data has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL).
Customers have the right to access, modify, rectify and delete data concerning them (article 34 of the French law of January 6th 1978), which they may exercise by contacting Ekinsport. In addition, Ekinsport undertakes not to communicate, whether free of charge or in exchange for payment, the contact details of its customers to a third party.