ARTICLE 1. ACCEPTANCE - OPPOSABILITY
These General Terms and Conditions of Sale (hereinafter "GTS") apply automatically to all sales of products (hereinafter "Products") concluded by the company BEAL SAS, whose registered office is located at 2 rue RABELAIS 38200 Vienne France, registered in the Vienne trade register under number 301 212 510 (hereinafter "BEAL") on the www website. beal-planet.com (hereafter "the Site"), to any non-professional buyer (hereafter "the Client") who agrees with them and who acknowledges having full knowledge of them and therefore waives the right to rely on any contradictory document. No document other than the present document may create obligations for the parties or derogate from the present document unless it is in writing and signed by the parties. The GCS are accessible at any time on the Site and will prevail, if necessary, over any other previous version or any other contradictory document. The Customer has the option of requesting that the GCS be sent to it by BEAL by e-mail. He may also save, edit or copy them, it being specified that the saving, editing or copying of this document is his sole responsibility, as these GTC may be subject to change. Changes to these GTC are binding on Customers from the time they are put online and apply to transactions concluded after they are put online.
ARTICLE 2. PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having been informed, prior to placing an order and concluding the contract, in a legible and comprehensible manner, of these GCS and of all the following information: the essential characteristics of the Products; the price of the Product and transport costs; the delivery time; information relating to the identity of BEAL, its postal, telephone and electronic contact details and its activities; information relating to the right of withdrawal, legal guarantees; the possibility of recourse to a consumer ombudsman.
ARTICLE 3. ORDERS
3.1 Navigation within the Site. The Customer can view the various Products offered for sale by BEAL on its Site and browse freely on the various pages of the Site, without being bound by an order.
3.2 Registration of an order. If the Customer wishes to place an order, it will choose the various Products in which it is interested, and will express this interest by clicking on the "Buy" box. On the Website, at any time, the Customer may :
obtain details of the Products he has selected by clicking on "View my basket",
continue your selection of Products by clicking on "Continue shopping",
complete its selection of Products and order these Products by clicking on "Order".
To order the Products he has chosen, after having clicked on "Order", the Customer must identify himself, either by entering his e-mail address and confidential password, if he has already created his account, or by clicking on "Create my account" otherwise. In the latter case, the Customer must accurately fill in the form made available to him/her, on which he/she must indicate the information required for identification, in particular his/her surname, first name, postal address and telephone number. In addition, the Customer must provide his e-mail address and the password of his choice, which will be personal and confidential and which he will need to identify himself later on the Site. The Customer is informed and accepts that entering these two identifiers is proof of his or her identity. Once the Customer has been identified, he will have to validate the delivery address. An order form will appear on the screen, detailing in particular: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order, the Customer's contact details, the deadline for delivery of the Products, the delivery address for the Products. The Customer may correct any errors before confirming his/her order. If this is the case, a new order form will automatically be issued.
3.3. Definitive validation of the order. After having read the order form, and once all the information requested has been completed by the Customer, the latter will tick the box accepting these general terms and conditions of sale and click on "Confirm order". The validation of the order will include the mention "Order with obligation of payment". This second click constitutes an electronic signature. This signature has value and commits the Customer in the same way as a handwritten signature. The order form will be recorded in BEAL's computer registers, which are themselves kept on a reliable and durable medium and will be considered as proof of the Customer's commitment. The Customer will be able to choose the method of payment he wishes, from among those offered by BEAL, and will proceed to pay for the Products under the conditions of article 6.
3.4. Summary of the order. Once the Customer has validated his method of payment on the Site, a summary of the Customer's order will be displayed and will mention in particular the transaction number. The sale will not be considered final until BEAL has displayed the summary of the order, which is considered to be an acknowledgement of receipt of the order. An e-mail will then be sent to the Customer summarising the order when it is registered (hereinafter referred to as the "Contract").
3.5. In any event, BEAL reserves the right to refuse any order or any delivery in the event of (i) a dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal to authorise payment by bank card by the banking organisations. BEAL may not then be held liable.
3.6 Follow-up of the order. The Customer may at any time consult the status of his order by going to the "My Orders" section. This tracking enables the Customer to find out the state of processing of his order, but also the state of dispatch or delivery of his parcels. The Customer may at any time contact BEAL's customer service department in order to be informed of the status of his order firstname.lastname@example.org.
ARTICLE 4. PRODUCT AVAILABILITY
The offers of Products proposed on the Site are only valid within the limits of available stocks. Availability may vary within the same day depending on the level of sales recorded by BEAL. BEAL updates availability very frequently on the Site, but cannot be held responsible if the stock is not identical to that indicated on the Site. If the Product is unavailable after the Customer has placed the order, BEAL undertakes to inform the Customer by e-mail within eight (8) days from the date of the order and to indicate to the Customer the waiting period for receipt of the Product. If the Customer so wishes, he may request the cancellation of the order (reimbursement by bank transfer within fourteen (14) days) or the exchange of the unavailable Product for another Product by contacting BEAL by email or by telephone at the contact details indicated in article 7.
ARTICLE 5. DELIVERY - RISKS
5.1. Delivery means the transfer of physical possession or control of the Products to the Customer. It is only possible after confirmation of payment by BEAL's bank.
5.2. BEAL offers to deliver the Products in metropolitan France, with the shipping costs and delivery times specified in the Contract. For any delivery outside metropolitan France, the shipping costs and delivery times will be shown in the Contract.
5.3. Unless otherwise agreed, the Products are delivered to the Customer at the place indicated in the Contract. BEAL may not be held liable in particular in the event of a subsequent change of address of the Customer that has not been notified to it or in the event of an error in the Customer's contact details communicated by the latter.
5.4. BEAL undertakes to make its best efforts to deliver the Products ordered within the period specified in the Contract. If the Products ordered have not been delivered on the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the Customer's written request if, after having instructed BEAL to make delivery within a reasonable additional period, the latter has not done so within this period. The sums paid by the Customer will then be returned to it by bank transfer within a maximum period of fourteen (14) days, to the exclusion of any compensation or deduction.
5.5. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
5.6. If, at the time of delivery, the original packaging is damaged, torn or opened, the Customer must check the condition of the Products. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip ("package refused because open or damaged"). The Customer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (missing Product compared to the delivery slip, damaged package, broken Products, etc.). This check is considered to have been carried out once the Customer, or a person authorised by him, has signed the delivery slip.
5.7. Special case of Products delivered outside the European Union. In this case, the Products will be invoiced in Euros but excluding tax. Import formalities, customs duties and any taxes related to the delivery of a Product outside the European Union are the responsibility of the Customer and are his sole responsibility. They must be paid to the competent authorities of the country of delivery. The Customer is solely responsible for verifying the possibilities of importing the Products ordered with regard to the law of the country of delivery. BEAL is not required to check and inform the Customer of the customs duties and taxes applicable or the laws and regulations of the country where the Products are delivered. To find out about them, BEAL advises the Customer to contact the competent authorities in its country. Cross-border deliveries may be subject to an opening and inspection procedure by the customs authorities.
ARTICLE 6. PRICE - PAYMENT
6.1. The Products are sold at the prices in force as shown on the Site, when the order is recorded by BEAL. The prices are expressed in Euros, inclusive of tax. They do not include transport and delivery costs, which are invoiced, where applicable, in addition on the basis of the rate applicable on the day of the order and which are communicated to the Customer before the order is placed.
BEAL reserves the right to modify its prices at any time, it being specified that the price indicated in the order form published by BEAL is the definitive price and includes transport and delivery costs.
6.2. The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, by bank card (the cards accepted are Carte Bleue, Visa, Mastercard). The Customer must provide the name of the cardholder, the credit card number, the type of card, its expiry date and the security number (3-digit number appearing on the back of the credit card). The Customer will be automatically switched to the electronic payment server of BEAL's bank. The bank's server is secured by its electronic payment terminal so as to protect all data relating to the means of payment as effectively as possible. The Customer acknowledges that at no time will its banking data be passed on to BEAL's computer system, and BEAL cannot therefore be held liable in the event of fraudulent removal of the Customer's banking data. The transaction is immediately debited to the Customer's bank card after verification of the latter's data. If it is impossible to debit the price, the Customer's order will be cancelled.
6.3. BEAL shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price in accordance with the conditions indicated above. The payment itself will only be deemed to have been made once BEAL has actually received the funds.
6.4. An invoice is drawn up by BEAL and given to the Customer on delivery of the Products ordered. A detailed printable invoice will also be available on the Site in the "My Account" section.
6.5. Any sum not paid on its due date will automatically generate late payment interest corresponding to three times the legal interest rate. This interest will be due until the date of payment of the amount due, including interest.
ARTICLE 7. RIGHT OF WITHDRAWAL
7.1. The Customer has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the day on which the Customer himself or a third party other than the carrier takes physical possession of the Products.
7.2. Notification of the right of withdrawal. To exercise the right of withdrawal, the Customer must notify BEAL (Address: ; 2 rue Rabelais 38200 VIENNE, FRANCE Tel: +33 474788888; email: email@example.com ) of its decision to withdraw by means of an unambiguous statement using a durable medium (e.g. letter sent by post or email). The Customer may use the model withdrawal form that can be downloaded here, but this is not obligatory. The Customer may also complete and submit the model withdrawal form or any other unambiguous statement on the Website. If the Customer makes use of this option, an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail) will be sent to the Customer without delay.
7.3. Effect of withdrawal. In the event of withdrawal, BEAL shall refund the Customer all payments received from the Customer, including the initial delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which BEAL is informed of the Customer's decision to withdraw. BEAL will proceed with the refund using the same means of payment that the Customer will have used for the initial transaction, unless the Customer expressly agrees to a different means. This refund will not incur any costs for the Customer. BEAL reserves the right to defer the refund until it has received the Products or until the Customer has provided proof of dispatch of the Products, whichever comes first.
7.4. Methods of return. The Customer must return or return the Products in perfect condition to the following address: 2 rue RABELAIS, 38200 VIENNE, FRANCE without undue delay and, in any event, no later than fourteen (14) days after he has communicated his decision to withdraw to BEAL. This deadline is deemed to have been met if the Customer returns the Products before the expiry of the fourteen (14) day period.
In the event of depreciation of the returned Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products, BEAL reserves the right to hold the Customer liable and to request payment of a compensatory indemnity proportionate to the purchase price of the said Products. The return costs will be borne exclusively by the Customer.
7.5 Exclusions from the right of withdrawal. Pursuant to Article L. 221-28 of the French Consumer Code, the right of withdrawal is excluded for certain Products, namely :
products that have been unsealed by the Customer and which cannot be returned for reasons of hygiene or health protection (for example and without this list being exhaustive: ropes, harnesses, etc.) ;
products made to the Customer's specifications, or clearly personalised.
ARTICLE 8. RESERVATION OF OWNERSHIP
IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE PRODUCTS ORDERED TO THE CUSTOMER WILL ONLY BE CARRIED OUT AFTER FULL PAYMENT OF THE PRICE BY THE LATTER.
The Customer must ensure that the identification of the Products is always possible after their delivery.
ARTICLE 9. OBLIGATIONS OF THE CUSTOMER
BEAL points out that non-emancipated minors are incapable of contracting. The Customer must use and maintain the Products in accordance with the instructions enclosed with them. As the Products concerned may be individual protective equipment, the Customer undertakes to read and respect all the indications associated with this type of product. In general, the Customer guarantees that he is the holder of the bank card used for payment. Consequently, the Customer who placed the order for Products guarantees BEAL against all the damaging consequences of the unauthorised and/or fraudulent use of a third party's bank card.
ARTICLE 10. GUARANTEE - LIABILITY
10.1. The Products supplied by BEAL benefit, in accordance with the legal provisions, from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the French Consumer Code, and the guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions provided for in articles 1641 et seq. of the French Civil Code.
10.2 Legal guarantee of conformity
10.2.1. Article L217-4 of the French Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery.
It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made at its expense by the contract or has been carried out under its responsibility.
10.2.2. Article L217-5 of the French Consumer Code: the goods comply with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer 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 if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
10.3 Warranty for hidden defects
10.3.1. Article 1641 of the Civil Code: the seller is bound by the guarantee on account of the hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
10.3.2. Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity.
10.4.1. Any request for a legal warranty under the guarantee of conformity or hidden defects must be made to BEAL (Address: 2 rue RABELAIS 38200 VIENNE, FRANCE Tel +3347478888 email: firstname.lastname@example.org) as the guarantor of the conformity of the Products to the contract.
10.4.2. Legal guarantee of conformity
The Customer has a period of two (2) years to act, starting from the delivery of the Product. The Customer may choose between repairing or replacing the Product, provided that this choice does not entail a cost that is manifestly disproportionate in view of the value of the Product or the importance of the defect. BEAL is then obliged to proceed, unless this is impossible, according to the method chosen by the Customer.
The Customer is not required to provide proof of the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
10.4.3 Warranty for hidden defects
If the Customer decides to implement the guarantee for hidden defects within the meaning of Article 1641 of the Civil Code, he may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
10.5. Commercial guarantee
Unless otherwise stipulated in the Contract, the Products supplied by BEAL also benefit from a commercial guarantee under the conditions and limits described in the documentation attached to the Products. In any event, the guarantee does not apply in the event of a defect or fault arising from :
Fortuitous events or force majeure,
normal wear and tear of the Products,
negligence, in particular in the storage of the Products,
use of the Products that does not comply with the conditions of use appearing in the technical documentation, or that does not comply with any of BEAL's specifications or with all current uses, laws and regulations,
repairs, alterations, interventions or modifications carried out on the Products without the prior written agreement of BEAL,
the defect in the implementation of the process of using the Products or the lack of maintenance of the Products.
The warranty, unless otherwise stipulated in the contract, only applies to defects that have manifested themselves during a period of three (3) years from the day of delivery as defined in Article 5.
In order to be able to invoke the benefit of the guarantee, the Customer must notify BEAL without delay and in writing of the defects that it attributes to the Products and provide any justification as to the reality of these defects. The Customer must give BEAL every facility to proceed to ascertain these defects and to remedy them.
The defective Products are replaced by BEAL after the Customer has returned them to it at BEAL's expense. If it turns out that the origin of the defect lies in one of the cases referred to in this article, the transport costs of the Products will be fully re-invoiced to the Customer.
10.6 Any guarantee is excluded in the event of use or storage of the Products that does not comply with the provisions appearing on the documentation attached to the Products.
10.7 BEAL shall not be considered liable or in default if it provides proof that the delay or non-performance is due to the occurrence of a case of force majeure or is attributable to the Customer.
ARTICLE 11. PERSONAL DATA
As part of the management of the Customer's order, BEAL will process the Customer's personal data under the conditions defined in its confidentiality policy. The Customer is therefore invited to go to the following page https://sport.beal-planet.com/sport/fr/content/2-mention-legale in order to find out about the processing conditions implemented.
ARTICLE 12. Intellectual Property
The content of the Site is the property of BEAL as well as the intellectual property rights on the Products ordered, and in particular the brands affixed to them, which are protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
ARTICLE 13. GENERAL PROVISIONS
13.1. If one or more stipulations of these GTC are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
13.2. These GCS and the summary of the order transmitted to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
13.3. In the absence of proof to the contrary, the data recorded by BEAL constitutes proof of all transactions.
13.4. Any contract entered into with the Customer corresponding to an order for an amount in excess of 120 euros including tax will be archived by BEAL for a period of ten (10) years in accordance with article L213-1 of the French Consumer Code. BEAL will archive this information in order to monitor transactions and to produce a copy of the contract at the Customer's request.
13.5. In the event of a dispute, BEAL will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 14. SHALL APPLY - SETTLEMENT OF DISPUTES
14.1 All the clauses contained in these GTC and all the sales operations referred to therein are subject to French law.
14.2. In the event of a dispute, an amicable solution will be sought between the parties. The Customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method. After the Customer has made a prior written request to BEAL, the mediator may be consulted for any consumer dispute that has not been settled. The Customer may also submit any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Customer's complaint to the notified competent national mediators.
14.3. If no agreement is reached within two (2) months from the notification of the dispute to the other party, all disputes to which the present GTC may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up will be submitted to the competent courts under the conditions of common law.