Français
PREAMBLE
The site https://boutique-groupama-fdj.fr is entirely managed by the company AFFECTIVE SARL with a capital of 16 666.67 €, whose head office is located at 9 des augustins in Lille (59000), registered at the RCS of Lille Metropole under the N° 789 725 108, intracommunity VAT n° FR 00789725108 ("AFFECTIVE")
These terms and conditions govern exclusively the sales organized by Affective on the Website. Customer acknowledges that it has read and accepts Affective's Terms and Conditions of Sale in full..
ARTICLE 1 : Definition and Application of the General Sales Conditions
The terms and conditions detailed below apply to all orders for products placed through the Site (the "Products") with Affective by any individual (the "Customer").
The Customer must read the GTC before placing any order (the "Order"), the GTC being permanently available on the Site.
Affective reserves the right to change or modify the T&Cs at any time. The current version of the T&Cs applicable to any Order is the one appearing online on the Site at the time of the Order. Consequently, the fact of placing an order requires the prior and unconditional acceptance of these GTC by the Customer by clicking on the button "I have read and unconditionally accept the general conditions of sale".
ARTICLE 2 : Purpose of the site
The Site is an e-commerce site whose purpose is to market Équipe cycliste Groupama-FDJ derivative objects
ARTICLE 3 : Access to the site
Access to the Site is made in particular from a computer, a telephone, a personal assistant or a nomadic terminal connected to a telecommunication network according to the communication protocols used on the Internet network. You are informed that the cost of accessing and browsing the Site is the sole responsibility of the Customer.
The Site is available 24 hours a day, 7 days a week to any customer accessing the website, except in cases of force majeure or events beyond our control. However, an interruption for inventory or technical maintenance necessary for the proper functioning of the Website and related materials, or for any other reason, may be decided by Affective. Affective is not obligated to provide any results regarding the accessibility of the Site. Affective is not responsible for any interruptions and the consequences thereof. Affective reserves the right to suspend, discontinue or limit access to all or part of the Site without notice, including for maintenance and upgrades. Customer is advised that Affective may terminate or change the features of the Products on the Site at any time without notice.
ARTICLE 4 : Registration on the Site
4.1 Registration/Customer account creation form
The creation of a customer account is mandatory to place an order on the Site. The Customer must create an account as soon as he connects for the first time. The list of authorized domain names has been previously provided by the SGE company.
The Client must :
- Register by filling in the mandatory fields provided for this purpose, which will contain the information necessary for the registration to be taken into account, namely his or her title, first name, last name, valid e-mail address and password.
- Confirm your registration by clicking on the "create an account" tab. The Customer receives an email confirming his registration request.
When creating an Account, the Customer must ensure that the data he/she provides is accurate and complete. Customer is responsible for keeping its personal information up to date. Affective shall not be responsible for the inability to deliver the Products in case of an error in the contact information.
Once registered, the Customer can at any time access the features offered on his account:
- personal information ;
- order history ;
- order in progress, follow-up of the order processing and delivery stages ;
- credits and returns.
Affective may delete Customer's Account at any time, including but not limited to failure to pay for the Order, failure to comply with the T&Cs, or infringement of any third party rights.
Affective reserves the right to refuse to accept an order for any legitimate reason, such as a foreseeable problem with the delivery or the abnormality of the order. All new orders for which there is a payment arrears or a dispute related to repeated difficulties in the delivery or provision of previous orders, or in case of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders, may be refused.
4.2 Logins
In the event of loss, misappropriation or fraudulent use of the login and password by a third party, the Customer agrees to notify Affective immediately by email at pro-groupama-fdj@affective.fr and specify its login. In the event that fraudulent use of the password is proven, Affective will contact the Customer to find an appropriate solution.
ARTICLE 5 : Products In the event of loss, misappropriation or fraudulent use of the login and password by a third party, the Customer agrees to notify Affective immediately by email at pro-groupama-fdj@affective.fr and specify its login. In the event that fraudulent use of the password is proven, Affective will contact the Customer to find an appropriate solution.
Affective takes great care in the presentation and description of the Products to best satisfy the Customer's information. However, despite the best efforts made in the representation of the Products on the Site, the photos are communicated for illustrative purposes. It is therefore possible that there may be a slight difference between the photograph of the Product and the Product itself, which the Customer acknowledges and accepts.
In case of doubt or if you need further information you can contact Affective at the following address: pro-groupama-fdj@affective.fr
Affective will only accept the return of undamaged and unused Products, both of which will be checked before the returned Products are returned to stock. If these two conditions are not met, the Customer will not be able to exchange the Product or obtain a refund.
ARTICLE 6 : Ordering
6.1 How to order
Only natural persons can place orders via the Site. For companies or associations, please contact the following address: pro-groupama-fdj@affective.fr
The Order is subject to compliance with the procedure set up by Affective on the website including successive steps leading to the validation of the Order.
The Customer can select as many Products as he wishes to add to the basket (the "Basket"). The Shopping Cart shall contain a summary of the Products selected by the Customer as well as their prices and related charges. The Customer may freely modify the Shopping Cart before validating the Order. For the Order to be effective, the Customer must check the box relating to the acceptance of the Terms and Conditions of Sale, which shall constitute acceptance of the Terms and Conditions of Sale, of the Products purchased, of their price and of the associated costs.
Once the content of the Sales Order has been confirmed, the client will validate the Sales Order by making a payment, guaranteeing that he/she is the owner of or fully entitled to use the selected method of payment. The order will only be considered definitive once the corresponding amount has been paid.
A confirmation email summarizing the Order (Product(s), price, availability of the product(s), quantity...) will be sent to the Customer by Affective. To this end, the Customer formally accepts the use of email for Affective's confirmation of the contents of its Order.
The Customer may consult the history of his Order and his invoice in the "my account" area of the Web site.
It is reminded that the placing of the Order entails an obligation of payment. Orders must be paid immediately, no discount is provided.
6.2 Unable to process an order
In the event of force majeure or an event beyond Affective's control (out of stock due to external factors such as theft, flood, fire...) Affective shall not be liable to the Customer for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information contained on this Site, even after the sending of an email confirmation summarizing the Order
ARTICLE 7 : Prices and Payment Methods
7.1 Prix
The prices of the Products are indicated on the Site in euros excluding taxes (HT), excluding participation in the expenses of treatment and forwarding (whose amount invoiced in supplement will be indicated at the time of the final validation of your order) and, excluding customs charges and other taxes (in particular tax on the videograms, eco-participation?).
In case of delivery outside the French territory, customs fees and other taxes are not included in the price paid by the Customer. These costs must be paid by the Customer directly to the carrier.
Affective reserves the right to change its prices at any time, but Products will be charged on the basis of the prices in effect at the time the Order is placed and paid for, subject to availability.
In the event that there is a pricing error, and the actual price is higher than the price displayed on the Site, Affective will contact the Customer to ask if he/she wishes to purchase the Product at its actual price or if he/she prefers to cancel the Order.
7.2 Shipping costs
Delivery costs are charged to the Customer and vary according to the weight of the order.
Four delivery methods are offered to the Customer according to the weight and the desired delivery time :
DPD : Standard delivery 72h after reception of the payment.
Messagerie - Palette (Schenker) : Standard delivery 4 to 5 working days after reception of the payment.
Livraison en Europe : Delivery time (excluding customs): 3 to 12 working days after receipt of the payment.
Livraison monde : Delivery time (excluding customs): 3 to 12 working days after receipt of the payment.
Livraison express : Delivery in 24h if ordered before 13h. The amount of the delivery charges is indicated on the Order summary.
Please note that the standard delivery is offered in metropolitan France from 90€ of purchase. 7.3 Terms of payment
The payment of the Products is done only on line by bank card.
7.4 Payment security
The Site is subject to efficient security systems. It has not only adopted the TLS (Transport Layer Security) encryption process but also reinforced all the scrambling and encryption processes in order to protect all the sensitive data linked to the means of payment as effectively as possible.
In the meantime, the Products remain the property of Affective until full payment of the price by the Customer. Upon Customer taking physical possession of the Products ordered, the risk of loss or damage to the Products shall pass to Customer.
Finally, Affective reserves the right to cancel or refuse any Order if there is a dispute over payment for a previous order.
ARTICLE 8 : delivery
Deliveries are made from Monday to Friday depending on the option chosen by the Customer when validating his/her Order.
Delivery means the transfer to Customer of physical possession of the Products (the "Delivery").
The delivery charges applicable to the Order are those mentioned on the Site at the time the Order is placed.
Where Affective arranges for delivery of the Product, the risk of loss or damage to the Product passes to the Customer at the time of Delivery.
As an exception, the risk shall pass to the Customer upon delivery of the Product to the carrier when the carrier is charged with the transportation by the Customer and not by Affective.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice, of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In the event that delivery cannot be made due to an incorrect delivery address or Customer's failure to collect the Order from the selected collection point, no reshipment will be made and Customer will be refunded within 5 (five) days of Affective receiving the returned Order.
Where Customer orders Products with different delivery times, the delivery time for the Order will be based on the later of the two. Affective reserves the right to split shipments. The shipping and handling fee will only be charged for one shipment.
Affective delivers orders within a maximum of 7 (seven) working days for delivery in France and 15 (fifteen) working days for delivery in Europe, this period being counted from the day after the validation of the order. The day after a collection is put online, the delivery time may be increased by 10 (ten) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that it has provided accurate and complete information regarding the delivery address (such as, but not limited to: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). Affective shall not be liable for any failure to deliver due to inaccuracy of the delivery address or failure to be present at the address.
Affective shall not be liable for any delay in delivery that is not caused by Affective or is due to force majeure.Upon receipt of the Order, the Customer shall ensure that the Products are in good condition.
Finally, it is reminded that when the Customer (or a third party designated by the Customer) takes physical possession of the ordered Products, the risks of loss or damage to the Products are transferred.
ARTICLE 9 : Availability of Products
The Products and prices are valid as long as they are visible on the Site and within the limits of available stocks.
Information on the availability of Products is provided to the Customer at the time the Order is placed. For technical reasons linked to the impossibility of displaying the stock and refreshing the pages in real time, stock discrepancies are therefore always possible.
In case of unavailability, the Customer will be informed by e-mail of an indicative date of arrival of the Product. The Customer may then decide to cancel the Order or wait until the Products are back in stock.
Information on the availability of Products is provided on the product sheet at the time of placing your Order. This information comes directly from Affective's suppliers and errors or modifications may exceptionally exist.
If payment has already been made, Affective will refund the Customer, by bank re-credit or other payment selected
ARTICLE 11 : Right of withdrawal
11.1 Terms and conditions
To exercise its right of withdrawal, the Customer must contact Affective within 14 (fourteen) days of receipt of the Product, without having to justify it, in accordance with the provisions of Articles L.221-18 and following of the Consumer Code.
However, only the refund of the Product by Affective is possible to the exclusion of any other form of compensation, in any form whatsoever.
With the exception of the exclusions listed below, the Customer shall be entitled to a refund of the returned Products as well as the delivery charges for the Order in proportion to the value of the returned Product in relation to the amount of the Order and excluding any additional costs.
The refund will be made by the same means of payment as the one used for the initial transaction. The refund will be made as soon as possible and no later than 14 (fourteen) days after the effective exercise of the right of withdrawal. Affective may defer the refund until receipt of the Product(s) or proof of shipment of the Product(s), whichever comes first.
Where the 14 (fourteen) day period expires on a Saturday, Sunday or statutory holiday, it shall be extended to the next business day.
In accordance with Article L.221-23 of the French Consumer Code, the cost of returning the Products shall be borne by the Customer except in the case of non-conformity of the delivered Products with the Order, which shall be borne by Affective. If you fail to comply with the time limits, Affective will not issue a refund.
The delivered Product must be returned with the delivery note, in its original packaging, complete (accessories, instructions...) in perfect condition for resale. The retraction can never be exercised if the Products have been, even partially, consumed, washed, soiled, damaged or used. Similarly, Products returned incomplete, damaged or soiled will not be returned or exchanged.
11.2 Exclusions
The right of withdrawal does not apply to :
• the delivery of Products that cannot be returned for reasons of hygiene or health protection, if the Customer has unsealed them or, after delivery, they have been inseparably mixed with other items ;
• delivery of audio or video recordings or computer software when you have unsealed them after Delivery ;
• Delivery of Products that have been made to the Customer's specifications or that have been clearly personalized ;
• the supply of Products likely to deteriorate or expire rapidly.
ARTICLE 12 : Return of Products - Refunds
12.1Return of Products
In accordance with the provisions of Article L 121-21-3 of the Consumer Code, the Customer must return the products within 14 (fourteen) days following the validation of the retraction.
The Customer must return the Products by mail to the following address
For defective Products:
AFFECTIVE
Service Retour / Équipe cycliste Groupama-FDJ
45-47 rue Paul Bert
92100 Boulogne-Billancourt
France
For returns of Products in their original packaging:
AXE SYSTEMSAFFECTIVE / Équipe cycliste Groupama-FDJ
11 rue du Général Mocquery
37550 Saint Avertin
France
Products must be returned in their original packaging.
The costs of returning the ordered Products are the responsibility of the Customer. The transport and the routing of the returned Products are also the responsibility of the Customer.
12.2 Refunds
Following the sending of the return parcel, the Customer will be informed by e-mail of the good reception of his parcel as well as of his refund.
The refund will be made within 14 (fourteen) days maximum following the date of receipt of the package. The refund will be made by a credit on the bank account in the same conditions as the purchase
For any claim concerning an order paid by bank transfer, a bank account number will be requested in order to proceed with any refund.The right of withdrawal is intended to establish that the product has all the characteristics expected. Any use that goes beyond this observation will engage the responsibility of the Customer and the Customer will be liable for the value of the Product if it is out of use, its current value or its depreciation if it has been damaged.
ARTICLE 13 : Legal guarantees
In accordance with the provisions of the legal warranties of conformity and latent defects (referred to in the box below), Affective will refund or exchange Products that are apparently defective or do not correspond to the Customer's order.
For a refund, Customer should contact Affective's customer service department at: pro-groupama-fdj@affective.fr
The Products must be returned to Affective in the same condition in which the Customer received them with all the elements (accessories, instructions...) in a packaging that allows a good transport. The shipping costs will be reimbursed to the Customer on the basis of the invoiced rate and the return shipping costs will be reimbursed upon presentation of the receipts.
It is recalled that under the legal guarantee of conformity, the consumer :
- has a period of two years from the delivery of the property to act against its seller;
• may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• is exempt from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods, except for second-hand goods.
You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal
ARTICLE 14 : Responsability
Affective is obliged to deliver Products in accordance with the contractual provisions.
The Products are considered to be in conformity with the contractual provisions if the following conditions are met:
they must be in conformity with the description and possess the characteristics exposed on the Site;
they must be suitable for the purposes for which such Products are generally designed;
they must meet the quality and resistance criteria that are generally accepted for products of the same type and that can reasonably be expected.
However, the Customer is advised to use the product with care. Affective is not responsible for any misuse.
Affective shall also not be liable for any delay or failure if the delay or failure is due to a cause beyond its control, such as an act of God or force majeure as defined by applicable law.
Affective will not be held responsible in any way for: false information or errors in the Customer's contact details;
in case of misuse of the identifiers or the Ordering procedure;
in the event of an obvious error in the display of a derisory price.
With respect to the security of the Site, Affective will use its best efforts to secure the Site. However, no site is impregnable and Affective will not be held responsible if unwanted data is imported and installed on the Site without its knowledge, or if, conversely, data transmitted by the customer to manage his order is diverted, damaged, lost or used illicitly by third parties.
Affective shall also not be liable for any damages that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from Customer's downloading of any Content, the software used by Customer to download the Content, or the Site or server that makes it available. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on Customer's computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.
Customer is also solely responsible for its use of the Site and Affective shall not be liable for any claims and/or proceedings made against it.
However, the Site contains a number of hyperlinks to other websites. Because Affective cannot control these external sites and sources, Affective cannot be held responsible for the availability of these external sites and sources, nor can Affective be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources. In addition, Affective shall not be liable for any actual or alleged damages arising out of or in connection with the use of or reliance on any such content, goods or services available on such external sites or sources. Finally, to the extent permitted by law, Affective shall not be responsible or liable for any content of such other sites that violates applicable laws and regulations. You must therefore comply with the terms and conditions of use of these sites.
ARTICLE 15 Miscellaneous provisions
If one or more provisions of the GTC are invalidated in whole or in part by a legal or regulatory provision or by a final court decision, this shall not invalidate the other provisions or the part of the provision not affected by the invalidity.
ARTICLE 16 Complaint - Dispute
For any claim, the Customer shall contact Affective at the following address Affective
Service Réclamation Équipe cycliste Groupama-FDJ
45-47 rue Paul Bert
92100 Boulogne-Billancourt
France
or by e-mail : pro-groupama-fdj@affective.fr
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.
In this case, the appointed mediator is :
MEDICYS
73 boulevard de Clichy, 75009 Paris
Téléphone : 01 49 70 15 53
E-mail : contact@medicys.fr.
Site internet : www.medicys.fr
The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform :
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
The present General Conditions of Sale are subject to French law.
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be able to be subjected to the qualified courts under the conditions of common law.
The site https://boutique-groupama-fdj.fr is entirely managed by the company AFFECTIVE SARL with a capital of 16 666.67 €, whose head office is located at 9 des augustins in Lille (59000), registered at the RCS of Lille Metropole under the N° 789 725 108, intracommunity VAT n° FR 00789725108 ("AFFECTIVE")
These terms and conditions govern exclusively the sales organized by Affective on the Website. Customer acknowledges that it has read and accepts Affective's Terms and Conditions of Sale in full..
ARTICLE 1 : Definition and Application of the General Sales Conditions
The terms and conditions detailed below apply to all orders for products placed through the Site (the "Products") with Affective by any individual (the "Customer").
The Customer must read the GTC before placing any order (the "Order"), the GTC being permanently available on the Site.
Affective reserves the right to change or modify the T&Cs at any time. The current version of the T&Cs applicable to any Order is the one appearing online on the Site at the time of the Order. Consequently, the fact of placing an order requires the prior and unconditional acceptance of these GTC by the Customer by clicking on the button "I have read and unconditionally accept the general conditions of sale".
ARTICLE 2 : Purpose of the site
The Site is an e-commerce site whose purpose is to market Équipe cycliste Groupama-FDJ derivative objects
ARTICLE 3 : Access to the site
Access to the Site is made in particular from a computer, a telephone, a personal assistant or a nomadic terminal connected to a telecommunication network according to the communication protocols used on the Internet network. You are informed that the cost of accessing and browsing the Site is the sole responsibility of the Customer.
The Site is available 24 hours a day, 7 days a week to any customer accessing the website, except in cases of force majeure or events beyond our control. However, an interruption for inventory or technical maintenance necessary for the proper functioning of the Website and related materials, or for any other reason, may be decided by Affective. Affective is not obligated to provide any results regarding the accessibility of the Site. Affective is not responsible for any interruptions and the consequences thereof. Affective reserves the right to suspend, discontinue or limit access to all or part of the Site without notice, including for maintenance and upgrades. Customer is advised that Affective may terminate or change the features of the Products on the Site at any time without notice.
ARTICLE 4 : Registration on the Site
4.1 Registration/Customer account creation form
The creation of a customer account is mandatory to place an order on the Site. The Customer must create an account as soon as he connects for the first time. The list of authorized domain names has been previously provided by the SGE company.
The Client must :
- Register by filling in the mandatory fields provided for this purpose, which will contain the information necessary for the registration to be taken into account, namely his or her title, first name, last name, valid e-mail address and password.
- Confirm your registration by clicking on the "create an account" tab. The Customer receives an email confirming his registration request.
When creating an Account, the Customer must ensure that the data he/she provides is accurate and complete. Customer is responsible for keeping its personal information up to date. Affective shall not be responsible for the inability to deliver the Products in case of an error in the contact information.
Once registered, the Customer can at any time access the features offered on his account:
- personal information ;
- order history ;
- order in progress, follow-up of the order processing and delivery stages ;
- credits and returns.
Affective may delete Customer's Account at any time, including but not limited to failure to pay for the Order, failure to comply with the T&Cs, or infringement of any third party rights.
Affective reserves the right to refuse to accept an order for any legitimate reason, such as a foreseeable problem with the delivery or the abnormality of the order. All new orders for which there is a payment arrears or a dispute related to repeated difficulties in the delivery or provision of previous orders, or in case of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders, may be refused.
4.2 Logins
In the event of loss, misappropriation or fraudulent use of the login and password by a third party, the Customer agrees to notify Affective immediately by email at pro-groupama-fdj@affective.fr and specify its login. In the event that fraudulent use of the password is proven, Affective will contact the Customer to find an appropriate solution.
ARTICLE 5 : Products In the event of loss, misappropriation or fraudulent use of the login and password by a third party, the Customer agrees to notify Affective immediately by email at pro-groupama-fdj@affective.fr and specify its login. In the event that fraudulent use of the password is proven, Affective will contact the Customer to find an appropriate solution.
Affective takes great care in the presentation and description of the Products to best satisfy the Customer's information. However, despite the best efforts made in the representation of the Products on the Site, the photos are communicated for illustrative purposes. It is therefore possible that there may be a slight difference between the photograph of the Product and the Product itself, which the Customer acknowledges and accepts.
In case of doubt or if you need further information you can contact Affective at the following address: pro-groupama-fdj@affective.fr
Affective will only accept the return of undamaged and unused Products, both of which will be checked before the returned Products are returned to stock. If these two conditions are not met, the Customer will not be able to exchange the Product or obtain a refund.
ARTICLE 6 : Ordering
6.1 How to order
Only natural persons can place orders via the Site. For companies or associations, please contact the following address: pro-groupama-fdj@affective.fr
The Order is subject to compliance with the procedure set up by Affective on the website including successive steps leading to the validation of the Order.
The Customer can select as many Products as he wishes to add to the basket (the "Basket"). The Shopping Cart shall contain a summary of the Products selected by the Customer as well as their prices and related charges. The Customer may freely modify the Shopping Cart before validating the Order. For the Order to be effective, the Customer must check the box relating to the acceptance of the Terms and Conditions of Sale, which shall constitute acceptance of the Terms and Conditions of Sale, of the Products purchased, of their price and of the associated costs.
Once the content of the Sales Order has been confirmed, the client will validate the Sales Order by making a payment, guaranteeing that he/she is the owner of or fully entitled to use the selected method of payment. The order will only be considered definitive once the corresponding amount has been paid.
A confirmation email summarizing the Order (Product(s), price, availability of the product(s), quantity...) will be sent to the Customer by Affective. To this end, the Customer formally accepts the use of email for Affective's confirmation of the contents of its Order.
The Customer may consult the history of his Order and his invoice in the "my account" area of the Web site.
It is reminded that the placing of the Order entails an obligation of payment. Orders must be paid immediately, no discount is provided.
6.2 Unable to process an order
In the event of force majeure or an event beyond Affective's control (out of stock due to external factors such as theft, flood, fire...) Affective shall not be liable to the Customer for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information contained on this Site, even after the sending of an email confirmation summarizing the Order
ARTICLE 7 : Prices and Payment Methods
7.1 Prix
The prices of the Products are indicated on the Site in euros excluding taxes (HT), excluding participation in the expenses of treatment and forwarding (whose amount invoiced in supplement will be indicated at the time of the final validation of your order) and, excluding customs charges and other taxes (in particular tax on the videograms, eco-participation?).
In case of delivery outside the French territory, customs fees and other taxes are not included in the price paid by the Customer. These costs must be paid by the Customer directly to the carrier.
Affective reserves the right to change its prices at any time, but Products will be charged on the basis of the prices in effect at the time the Order is placed and paid for, subject to availability.
In the event that there is a pricing error, and the actual price is higher than the price displayed on the Site, Affective will contact the Customer to ask if he/she wishes to purchase the Product at its actual price or if he/she prefers to cancel the Order.
7.2 Shipping costs
Delivery costs are charged to the Customer and vary according to the weight of the order.
Four delivery methods are offered to the Customer according to the weight and the desired delivery time :
DPD : Standard delivery 72h after reception of the payment.
Messagerie - Palette (Schenker) : Standard delivery 4 to 5 working days after reception of the payment.
Livraison en Europe : Delivery time (excluding customs): 3 to 12 working days after receipt of the payment.
Livraison monde : Delivery time (excluding customs): 3 to 12 working days after receipt of the payment.
Livraison express : Delivery in 24h if ordered before 13h. The amount of the delivery charges is indicated on the Order summary.
Please note that the standard delivery is offered in metropolitan France from 90€ of purchase. 7.3 Terms of payment
The payment of the Products is done only on line by bank card.
7.4 Payment security
The Site is subject to efficient security systems. It has not only adopted the TLS (Transport Layer Security) encryption process but also reinforced all the scrambling and encryption processes in order to protect all the sensitive data linked to the means of payment as effectively as possible.
In the meantime, the Products remain the property of Affective until full payment of the price by the Customer. Upon Customer taking physical possession of the Products ordered, the risk of loss or damage to the Products shall pass to Customer.
Finally, Affective reserves the right to cancel or refuse any Order if there is a dispute over payment for a previous order.
ARTICLE 8 : delivery
Deliveries are made from Monday to Friday depending on the option chosen by the Customer when validating his/her Order.
Delivery means the transfer to Customer of physical possession of the Products (the "Delivery").
The delivery charges applicable to the Order are those mentioned on the Site at the time the Order is placed.
Where Affective arranges for delivery of the Product, the risk of loss or damage to the Product passes to the Customer at the time of Delivery.
As an exception, the risk shall pass to the Customer upon delivery of the Product to the carrier when the carrier is charged with the transportation by the Customer and not by Affective.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice, of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In the event that delivery cannot be made due to an incorrect delivery address or Customer's failure to collect the Order from the selected collection point, no reshipment will be made and Customer will be refunded within 5 (five) days of Affective receiving the returned Order.
Where Customer orders Products with different delivery times, the delivery time for the Order will be based on the later of the two. Affective reserves the right to split shipments. The shipping and handling fee will only be charged for one shipment.
Affective delivers orders within a maximum of 7 (seven) working days for delivery in France and 15 (fifteen) working days for delivery in Europe, this period being counted from the day after the validation of the order. The day after a collection is put online, the delivery time may be increased by 10 (ten) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that it has provided accurate and complete information regarding the delivery address (such as, but not limited to: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). Affective shall not be liable for any failure to deliver due to inaccuracy of the delivery address or failure to be present at the address.
Affective shall not be liable for any delay in delivery that is not caused by Affective or is due to force majeure.Upon receipt of the Order, the Customer shall ensure that the Products are in good condition.
Finally, it is reminded that when the Customer (or a third party designated by the Customer) takes physical possession of the ordered Products, the risks of loss or damage to the Products are transferred.
ARTICLE 9 : Availability of Products
The Products and prices are valid as long as they are visible on the Site and within the limits of available stocks.
Information on the availability of Products is provided to the Customer at the time the Order is placed. For technical reasons linked to the impossibility of displaying the stock and refreshing the pages in real time, stock discrepancies are therefore always possible.
In case of unavailability, the Customer will be informed by e-mail of an indicative date of arrival of the Product. The Customer may then decide to cancel the Order or wait until the Products are back in stock.
Information on the availability of Products is provided on the product sheet at the time of placing your Order. This information comes directly from Affective's suppliers and errors or modifications may exceptionally exist.
If payment has already been made, Affective will refund the Customer, by bank re-credit or other payment selected
ARTICLE 11 : Right of withdrawal
11.1 Terms and conditions
To exercise its right of withdrawal, the Customer must contact Affective within 14 (fourteen) days of receipt of the Product, without having to justify it, in accordance with the provisions of Articles L.221-18 and following of the Consumer Code.
However, only the refund of the Product by Affective is possible to the exclusion of any other form of compensation, in any form whatsoever.
With the exception of the exclusions listed below, the Customer shall be entitled to a refund of the returned Products as well as the delivery charges for the Order in proportion to the value of the returned Product in relation to the amount of the Order and excluding any additional costs.
The refund will be made by the same means of payment as the one used for the initial transaction. The refund will be made as soon as possible and no later than 14 (fourteen) days after the effective exercise of the right of withdrawal. Affective may defer the refund until receipt of the Product(s) or proof of shipment of the Product(s), whichever comes first.
Where the 14 (fourteen) day period expires on a Saturday, Sunday or statutory holiday, it shall be extended to the next business day.
In accordance with Article L.221-23 of the French Consumer Code, the cost of returning the Products shall be borne by the Customer except in the case of non-conformity of the delivered Products with the Order, which shall be borne by Affective. If you fail to comply with the time limits, Affective will not issue a refund.
The delivered Product must be returned with the delivery note, in its original packaging, complete (accessories, instructions...) in perfect condition for resale. The retraction can never be exercised if the Products have been, even partially, consumed, washed, soiled, damaged or used. Similarly, Products returned incomplete, damaged or soiled will not be returned or exchanged.
11.2 Exclusions
The right of withdrawal does not apply to :
• the delivery of Products that cannot be returned for reasons of hygiene or health protection, if the Customer has unsealed them or, after delivery, they have been inseparably mixed with other items ;
• delivery of audio or video recordings or computer software when you have unsealed them after Delivery ;
• Delivery of Products that have been made to the Customer's specifications or that have been clearly personalized ;
• the supply of Products likely to deteriorate or expire rapidly.
ARTICLE 12 : Return of Products - Refunds
12.1Return of Products
In accordance with the provisions of Article L 121-21-3 of the Consumer Code, the Customer must return the products within 14 (fourteen) days following the validation of the retraction.
The Customer must return the Products by mail to the following address
For defective Products:
AFFECTIVE
Service Retour / Équipe cycliste Groupama-FDJ
45-47 rue Paul Bert
92100 Boulogne-Billancourt
France
For returns of Products in their original packaging:
AXE SYSTEMSAFFECTIVE / Équipe cycliste Groupama-FDJ
11 rue du Général Mocquery
37550 Saint Avertin
France
Products must be returned in their original packaging.
The costs of returning the ordered Products are the responsibility of the Customer. The transport and the routing of the returned Products are also the responsibility of the Customer.
12.2 Refunds
Following the sending of the return parcel, the Customer will be informed by e-mail of the good reception of his parcel as well as of his refund.
The refund will be made within 14 (fourteen) days maximum following the date of receipt of the package. The refund will be made by a credit on the bank account in the same conditions as the purchase
For any claim concerning an order paid by bank transfer, a bank account number will be requested in order to proceed with any refund.The right of withdrawal is intended to establish that the product has all the characteristics expected. Any use that goes beyond this observation will engage the responsibility of the Customer and the Customer will be liable for the value of the Product if it is out of use, its current value or its depreciation if it has been damaged.
ARTICLE 13 : Legal guarantees
In accordance with the provisions of the legal warranties of conformity and latent defects (referred to in the box below), Affective will refund or exchange Products that are apparently defective or do not correspond to the Customer's order.
For a refund, Customer should contact Affective's customer service department at: pro-groupama-fdj@affective.fr
The Products must be returned to Affective in the same condition in which the Customer received them with all the elements (accessories, instructions...) in a packaging that allows a good transport. The shipping costs will be reimbursed to the Customer on the basis of the invoiced rate and the return shipping costs will be reimbursed upon presentation of the receipts.
It is recalled that under the legal guarantee of conformity, the consumer :
- has a period of two years from the delivery of the property to act against its seller;
• may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• is exempt from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods, except for second-hand goods.
You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal
ARTICLE 14 : Responsability
Affective is obliged to deliver Products in accordance with the contractual provisions.
The Products are considered to be in conformity with the contractual provisions if the following conditions are met:
they must be in conformity with the description and possess the characteristics exposed on the Site;
they must be suitable for the purposes for which such Products are generally designed;
they must meet the quality and resistance criteria that are generally accepted for products of the same type and that can reasonably be expected.
However, the Customer is advised to use the product with care. Affective is not responsible for any misuse.
Affective shall also not be liable for any delay or failure if the delay or failure is due to a cause beyond its control, such as an act of God or force majeure as defined by applicable law.
Affective will not be held responsible in any way for: false information or errors in the Customer's contact details;
in case of misuse of the identifiers or the Ordering procedure;
in the event of an obvious error in the display of a derisory price.
With respect to the security of the Site, Affective will use its best efforts to secure the Site. However, no site is impregnable and Affective will not be held responsible if unwanted data is imported and installed on the Site without its knowledge, or if, conversely, data transmitted by the customer to manage his order is diverted, damaged, lost or used illicitly by third parties.
Affective shall also not be liable for any damages that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from Customer's downloading of any Content, the software used by Customer to download the Content, or the Site or server that makes it available. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on Customer's computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.
Customer is also solely responsible for its use of the Site and Affective shall not be liable for any claims and/or proceedings made against it.
However, the Site contains a number of hyperlinks to other websites. Because Affective cannot control these external sites and sources, Affective cannot be held responsible for the availability of these external sites and sources, nor can Affective be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources. In addition, Affective shall not be liable for any actual or alleged damages arising out of or in connection with the use of or reliance on any such content, goods or services available on such external sites or sources. Finally, to the extent permitted by law, Affective shall not be responsible or liable for any content of such other sites that violates applicable laws and regulations. You must therefore comply with the terms and conditions of use of these sites.
ARTICLE 15 Miscellaneous provisions
If one or more provisions of the GTC are invalidated in whole or in part by a legal or regulatory provision or by a final court decision, this shall not invalidate the other provisions or the part of the provision not affected by the invalidity.
ARTICLE 16 Complaint - Dispute
For any claim, the Customer shall contact Affective at the following address Affective
Service Réclamation Équipe cycliste Groupama-FDJ
45-47 rue Paul Bert
92100 Boulogne-Billancourt
France
or by e-mail : pro-groupama-fdj@affective.fr
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.
In this case, the appointed mediator is :
MEDICYS
73 boulevard de Clichy, 75009 Paris
Téléphone : 01 49 70 15 53
E-mail : contact@medicys.fr.
Site internet : www.medicys.fr
The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform :
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
The present General Conditions of Sale are subject to French law.
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be able to be subjected to the qualified courts under the conditions of common law.