Terms and conditions of sale
The General Terms set out herein are applicable to legal operations in connection with products commercialized by to its clients on EKINSPORT SAM's virtual boutique: www.ekinsport.com. Ekinsport is a Monegasque Public Limited Company, having its registered office at 3 rue du Gabian, 98000, Monaco, VAT number FR47000112952, registered with the Trade Register of Monaco under number 524W11040.
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 and Conditions contained herein is to define the terms and conditions according to which Ekinsport offers and sells Products to its Clients. In the absence of prior, express and written derogation, these General Terms and Conditions of Sale shall prevail over any other conditions appearing in any other document.
In this context, Ekinsport reserves the absolute right to modify and/or incorporate these General Terms and Conditions of Sale at any time. Any modifications and/or integrations will only be effective and applicable to purchases made after the date of publication of the new version of the General Terms and Conditions of Sale.
A new version of these General Terms and Conditions of Sale replacing the previous version automatically implies the ineffectiveness, non-opposability and non-applicability of the previous version. The same applies in the event that the said General Terms and Conditions of Sale are made available in any way whatsoever on websites other than the one mentioned above.
Article 2 - Acceptance of conditions
The Customer acknowledges having read these General Terms and Conditions of Sale at the time of placing the Order and expressly declares that he/she accepts them unreservedly. These General Terms and Conditions of Sale govern the contractual relationship between Ekinsport and its Client, both parties accepting them unreservedly.
Article 3 - Products
The majority of products offered by Ekinsport to its Clients can be dispatched within 2 working days. However, not all products marketed by Ekinsport may or may not be sold online.
The images of the products on the Website are provided for illustrative purposes only and as such slight variations, distortions and/or differences may be apparent from the original product. Ekinsport is not responsible for any possible inadequacy of the graphic representations of the products displayed on the Website. The Client acknowledges that the content of the Site may change and Ekinsport reserves the right to alter the range of products offered on the Site at any time without notice.
The Client, being aware that Ekinsport offers a limited selection of products on its Website, understands that the availability of these products must be checked at the time of purchase. Inconvenience may occur due to the limited availability of certain items. In such circumstances, Ekinsport undertakes to promptly inform the Client by e-mail that the Order cannot be fulfilled. In this case, if the Client has already paid for the Order, he/she will be reimbursed as soon as possible, i.e. within a maximum period of thirty days from the cancellation of the said Order.
The resale or transfer of products purchased on the Web Site for any commercial or professional purpose whatsoever is expressly prohibited.
Article 4 - Ordering
The automatic recording systems are considered as proof of the nature, content and date of the Order. Ekinsport will confirm acceptance of the Customer's Order by sending a confirmation message to the e-mail address provided by the Customer. The sale will not be concluded until said Order confirmation has been sent.
Ekinsport reserves the right to refuse or cancel any Order placed by a Client, particularly in the event of the said Client's insolvency or in the event of non-payment of the Order in question or of a previous delivery or of a dispute relating to the payment of a previous Order.
The information provided by the Client at the time of placing the Order is binding upon the Client. 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, Ekinsport will ship the Product(s), under responsibility, to the address indicated by the client.
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. Under no circumstances may Ekinsport be held jointly and severally liable in this respect.
Our prices include VAT but exclude "Delivery Costs".
On receipt of the products ordered, the Client or recipient is required to check the integrity of the goods delivered and to read the instructions for use and maintenance provided. In the event of any shortage or damage to one or more of the Products ordered, the Customer or recipient is obliged to make reservations with the carrier at the time of delivery. In the event of apparent defects, the Customer has the right to return the Products in accordance with the terms and conditions set out.
For reasons of stock management and availability of the Products ordered, an Order may be split into several successive deliveries to the Customer. In the event that the Customer wishes the Products ordered to be delivered to two separate addresses, it is imperative that the Customer places two separate Orders. This requirement is intended to guarantee appropriate logistical management, by ensuring that each delivery address is treated individually.
Article 6 - Withdrawal
The Client disposes of days following the receipt of the Products to return said Products to Ekinsport for reimbursement, in accordance with the Client's right of retraction. In this case, the Client must return the Product(s) in new and undamaged condition, together with any accessories, instructions and documentation. It is imperative that the Products are returned in their original condition, without having been used, worn or damaged in any way whatsoever and in their original packaging, with all labels intact.
Ekinsport will check the packaging and condition of each returned Product, the substantial integrity of these Products being a sine qua non condition for exercising the right of withdrawal. The Customer must make his request by e-mail to [email protected]. A return reference will then be issued. Upon receipt and verification of the quality control, Ekinsport undertakes to refund in full the sums paid by the Client, with the exception of the return costs. The refund will be made within a maximum of thirty days from the date of receipt of the return.
Please note that any personalised product (flocking, embroidery, sublimation, etc.) that has already been delivered cannot be exchanged or refunded.
Article 7 - Price and payment
Product prices are displayed in euros. This currency is used to clearly indicate the cost of the products offered by Ekinsport.
Transport costs are not included in the price mentioned on the product sheets. These costs will be calculated and added to the total price when the Order is finalised, depending on the delivery address specified by the Client.
The final price, as indicated in the Order Confirmation, includes all applicable taxes, including VAT. In addition to the price of the products themselves, this amount also includes the handling, packaging, storage, transport and commissioning costs required to deliver the products.
The amount invoiced to the Client corresponds to the price displayed in the Order confirmation issued by Ekinsport. This is the amount that will be debited from the Client's account upon payment of the Order.
Payment for the products is made at the time the Order is placed, using the payment methods offered on the Ekinsport website. The Client may choose from the available payment options to pay for the Order in complete security.
The Client's Order will only be considered effective once the transaction has been confirmed by the secure bank payment centre. In addition, if necessary, acceptance of the insurer's assumption of the risk is also required in order to validate the Order. These steps guarantee the security and reliability of the transaction for both the Client and Ekinsport.
Article 8 - Applicable law
These General Terms and Conditions of Sale are governed by and must be interpreted in accordance with Monegasque law. As a result, all the provisions and terms set out in the said Conditions shall be subject to the jurisdiction of the Principality of Monaco, which shall be responsible for the correct interpretation and application of Monegasque law.
In order to guarantee uniformity and consistency in the handling of any disputes arising from the interpretation of these General Terms and Conditions of Sale, the Court of Monaco shall have exclusive and compulsory jurisdiction.
Article 9 - 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 manufacturer.
Whatever the case may be, Ekinsport's liability shall be strictly limited to the Sales Order price; and shall in no way be held responsible for any trivial errors or omissions despite the precautions made by in handing over the Products. In the event of difficulties in the application of the present contract, the Client and Ekinsport reserve the right, prior to any legal action, to seek an amicable solution. Failing this, the Commercial Court of Monaco shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Nothing in the General Terms and Conditions of Sale shall limit or exclude the liability of Ekinsport for any liability that cannot be limited or excluded by applicable law.
Article 10 - Warranty
In all cases, Ekinsport shall not be held liable for failure to comply with the regulatory and legislative provisions in force in the country of receipt. The liability of the 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.
Ekinsport undertakes to apply the legal guarantee provided by articles 1444 et seq. of the Monegasque Civil Code, such as the legal guarantee of conformity and the legal guarantee against hidden defects.
In accordance with article 1483 of the Monegasque Civil Code, Ekinsport is liable for any hidden defects in the item sold which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the purchaser would not have acquired it, or would only have paid a lesser price for it, had he been aware of them. The action resulting from redhibitory defects must be brought by the purchaser within six months of the discovery of the defect in accordance with article 1490 of the Monegasque Civil Code.
Article 11 - Confidentiality and use of personal data
In the context of distance selling, the Customer is required to provide the personal information requested when placing an Order. This information is essential to ensure the smooth running of the Order process, including the processing of Orders, the preparation of shipments and the preparation of invoices. Failure to provide this information will result in the Order not being validated by Ekinsport.
Ekinsport complies with current legislation regarding the protection of personal data. Accordingly, the processing of nominative Client information has been declared in advance to the Commission Nationale de l'Informatique et des Libertés (CNIL). This declaration attests to the compliance of the processing of personal data with the legal requirements in force, thus guaranteeing the protection and confidentiality of the information provided by Customers.
In accordance with article 34 of the law of 6 January 1978 relating to information technology, files and civil liberties, Customers have a number of rights concerning their personal data. In particular, they have the right to access, modify, rectify or request the deletion of information concerning them. In order to exercise these rights, the Client may contact Ekinsport using the contact details provided on the website. Furthermore, Ekinsport formally undertakes not to divulge, either free of charge or in exchange for consideration, the details of its Clients to third parties, except in cases provided for by law or with the explicit consent of the Client.