PREAMBLE
These general conditions of sale (GTC) are concluded:
BETWEEN:
M COM, a limited liability company, having its registered office at 60, Avenue Tony Garnier - 69007 LYON. SIRET number 38055297600017, hereinafter referred to as M COM, ON THE ONE PART AND
- Persons wishing to make a purchase either by mail or via the Team BDS store website "teambds.gg", hereinafter referred to as THE USER, ON THE OTHER PART
OBJECT
These conditions aim to define the terms of sale between M COM and the USER from the order to the service, including payment and delivery.
They regulate all the steps.
The general conditions of sale are systematically sent or given to each customer to enable him to place an order.
Consequently, the fact of placing an order implies the customer's full and unreserved acceptance of these general conditions of sale, to the exclusion of all other documents, such as prospectuses and catalogs issued by M comme Merchandising having only one indicative value.
No particular condition can, except formal written acceptance of M COM, prevail against the general conditions of sale.
Any contrary condition set by the USER will therefore, in the absence of express acceptance, be unenforceable against M COM, regardless of when it may have been brought to its attention.
The fact that M COM does not avail itself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions.
Parcels can only be shipped territorially within the European Economic Area, America, Oceania, Africa and Asia.
If the USER lives outside the delivery areas specified above and wishes to obtain delivery abroad, he must consult the Store manager directly at the following address: support@bdsesport.com
The parties agree that their relations will be governed exclusively by this contract.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for a company with its registered office in France.
ORDER
The USER has the possibility of placing his order by correspondence or online, from the online catalog.
If the order is made via the internet network, it can only be registered on the site if the USER has clearly identified himself either:
- by entering his customer code which is strictly personal to him,
- or by completing the online order form allowing him to obtain the allocation of a customer number which will be sent to him by the Customer Relations Department, following his first order.
Any order implies acceptance of the prices and description of the products available for sale.
M comme Merchandising undertakes to honor orders received by post or via the website, only within the limits of available product stocks.
If the product is not available, M COM undertakes to inform the USER as soon as possible.
ORDER TAKING
When an estimate is established by M COM, it constitutes the special conditions that modify or supplement these general conditions of sale.
Orders are only final after payment of the deposit appearing on the order form.
M COM is only bound by orders taken by its representatives or employees subject to written and signed confirmation on its part.
Acceptance may also result from completion of delivery.
MODIFICATION OF THE ORDER
Any modification or cancellation of the order requested by the USER can only be taken into consideration if it is received in writing before the performance of the service, and accepted by M COM, except when ordered by a particular consumer.
In the event of cancellation of all or part of the order, and without specific agreement on the reservation, M COM will have the right to invoice, in accordance with the Consumer Code.
CONSUMER PROTECTION
Any individual who places an order either online, by telephone, or on paper with M comme Merchandising, will have a withdrawal period equal to fourteen days, in accordance with Article L 121-16 paragraph 1 of the Consumer Code.
RETENTION OF OWNERSHIP
M COM retains full ownership of the goods sold until effective payment of the full price in principal and incidentals.
Failure to pay any of the installments may result in a claim for the goods.
This claim will be made without the intervention of the judge, the parties expressly agreeing that it will suffice for the seller or his agent to go to any place where the goods covered by this clause are located to proceed with the removal without other formality.
These provisions do not preclude the transfer to the M COM customer, upon delivery, of the risks of loss and deterioration of the goods sold as well as the damage they may cause.
PAYMENT – DELAY OR DEFAULT
In the event of late payment, M COM may suspend all orders in progress, without prejudice to any other course of action.
Any sum not paid on the due date appearing on the invoice, whether identical to that appearing on the general conditions of sale or different, entails the application of penalties of an amount equal to one and a half times the rate of payment. legal interest.
These penalties will be due upon simple request from M COM.
Any invoice collected by the Litigation Department will be increased as a non-reducible penalty clause, within the meaning of article 1229 of the Civil Code, by compensation fixed at a flat rate of 15% of the price.
TRANSPORTATION
Transport will be the responsibility of the customer, unless otherwise stated on the order form.
DELIVERY
The USER has the choice to be delivered:
- either at home,
- or to another particular address than that of the invoicing.
M COM undertakes to deliver the items ordered as soon as possible.
The average delays observed for available items are eight to fifteen days, with a maximum delay of thirty days.
PAYMENT TERMS
The USER has the choice to pay for his purchases:
- online when ordering by bank card (BLUE CARD, VISA, EUROCARD MASTERCARD).
The prices are indicated in euros all taxes included, and take into account the VAT applicable on the day of the order.
Any change in the applicable rate may be passed on to the price of the products.
RESPONSIBILITY OF M COM
M COM has for all stages of access to the site, the ordering process, delivery or subsequent services, no obligation of means.
M COM cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any facts qualified as force majeure, in accordance to case law.
M COM assumes with regard to the USER the responsibility relating to the services provided and the goods delivered, in accordance with the regulations in force, and consequently guarantees it against any complaint or claim, judicial or amicable, resulting both from damage caused to property than damage caused to persons as a result of the said services.
M COM also guarantees, in accordance with the legal provisions, the USER against any hidden defect affecting the products delivered or the services provided and rendering them unsuitable for use, as well as the harmful consequences resulting therefrom.
In order to assert his rights, the USER must, under penalty of forfeiture of any action relating thereto, inform M COM, by registered letter, of the existence of the defects within a maximum period of fifteen days from their discovery.
GUARANTEE
All items can be exchanged or refunded.
The exchange must take place within seven days from the date of receipt or withdrawal.
If the new order is for a higher amount, the USER must attach payment of the balance to the exchange request.
Conversely, if the amount of the exchange is less than the initial amount, the USER will receive upon receipt of the request a check letter in reimbursement of the difference.
Reimbursement may also be requested within seven days, after deduction of the fixed order processing costs.
In all cases, any request for exchange or refund must be made by post to the address of M COM, 60 Avenue Tony Garnier LYON 69007
FORCE MAJEURE AND PREJUDICE
M COM cannot be held responsible for delays due to cases of force majeure such as strikes, accidents, bad weather, etc.
No compensation may be claimed in this case from M COM for loss of use or any commercial disturbance.
INTELLECTUAL PROPERTY
All elements of the M COM site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents, and it will be the exclusive property of M COM
The USER who has a website for personal use and who wishes to place, for personal use, on his site a simple link directly to the homepage of the M COM site must request authorization from M COM.
In this case, it will not be an implicit affiliation agreement.
On the other hand, any hypertext link referring to the M COM site and using the technique of framing or inline linking is strictly prohibited.
In all cases, any link, even tacitly authorized, must be removed on simple request from M COM.
ENTIRETY
In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and respect of these general conditions of sale.
DURATION
These Conditions apply for the duration of the online publication and the catalog of products offered by M COM.
EVIDENCE
The computerized registers, kept in the computer systems of M COM and its partners under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
CONSERVATION AND ARCHIVING OF TRANSACTIONS
Archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy, in accordance with article 1348 of the Civil Code.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law.
Jurisdiction in the event of a dispute, and in the absence of an amicable agreement between the parties, is given to the competent courts of Toulouse and, in the event of incompetence, to the competent courts, notwithstanding multiple defendants and/or warranty claims. , even for emergency procedures or protective procedures in summary proceedings or by request.