TERMS AND CONDITIONS OF SALE
These terms and conditions of sale are agreed between the company ATD Performance, NANTES Registry of Companies registration number RCS 504 764 697, NAF code 503B, subject to Article 293b of the General Tax Code, hereinafter referred to as ATD Performance, and any natural person or corporate entity who wishes to proceed to a purchase via the ATD Performance website, hereinafter referred to as Buyer.
PURPOSE
The purpose of these Terms and Conditions of Sale is to define the contractual relationship between ATD Performance and the Buyer, and the conditions applicable to all purchases made through the commercial website of ATD Performance, whether the Buyer is a professional or a consumer.
The purchase of goods or a service through this site implies full acceptance by the Buyer of these Terms and Conditions of Sale.
These Conditions of Sale shall prevail over any other general or special conditions that have not been expressly approved by ATD Performance.
ATD Performance reserves the right to modify its Terms and Conditions of Sale at any time. In such event, the applicable conditions shall be those that are in effect on the date the order is placed by the Buyer.
SPECIFICATIONS OF THE PROPOSED GOODS AND SERVICES
The products and services offered are those listed in the catalogue published on ATD Performance's website.
These products and services are offered subject to availability.
Each product is delivered with a description issued by the supplier; and this description shall prevail. In case of modification, the Buyer shall be informed beforehand and a written confirmation will be requested from the Buyer prior to delivery.
The catalogue photographs are provided for guidance purposes only. Specifically, any brand names, specifications or quantities appearing in the photographs are subject to change without prior notice.
PRICES
The prices stated in the catalogue are in Euro,tax included on the basis of VAT applicable on the date of the order; any change in the rate shall be passed on to the price of the products or services.
ATD Performance reserves the right to modify its prices at any time, it is however understood that the price stated in the catalogue on the day of the order shall be the only price applicable to the Buyer.
The prices stated include order processing fees. Shipping and delivery charges are stated separately, insofar as the geographical areas of delivery are covered in the paragraph below.
GEOGRAPHICAL AREA
Online sale of the products and services presented on this site is reserved for buyers residing in France, the French Overseas Departments and Territories or Monaco, and for deliveries requested for these geographical areas.
ORDERS
The Buyer wishing to purchase a product or a service is required to complete the following steps:
- fill in the identification form specifying all the details that are requested
- fill in the order form online, stating all the references of the chosen products or services
- validate the order after checking it
- make the payment according to the terms stated
- confirm the order and payment.
Confirmation of the order implies acceptance of these Terms and Conditions of Sale, acknowledgment of having read and understood these Conditions, and waiver of the Buyer's own conditions of purchase or other conditions.
All the data provided and the registered confirmation shall be proof of the transaction. Confirmation will be deemed to constitute signature and acceptance of the operations entered.
The Seller will send an e-mail confirmation of the registered order.
WITHDRAWAL
Buyers who are non-professional natural persons shall have a withdrawal period of seven days from delivery of their order in which to return a product to the Seller for an exchange or refund without any penalty, excepting the return costs.
TERMS OF PAYMENT
The price is payable upon placing the order.
Payments shall be made via PAYPAL or bank cheque. Payments made via PAYPAL will be processed by means of the secure system used by the PAYPAL company, the SSL protocol (Secure Socket Layer) so that the transmitted information is encrypted by software, and no third party can access it while it is sent through the network.
The Buyer's account will be debited only upon the shipping of the products or services available and for the amount of the products or services shipped or downloaded.
Inasmuch as ATD Performance is subject to Article 293b of the French General Tax Code, VAT is applied to any customer, individual or professional.
DELIVERY
Deliveries are made at the address stated on the order form and may only be within the agreed geographical area.
Risks are the Buyer's responsibility as from the time the products leave the premises of ATD Performance. In the event of damage during transit, a justified protest must be sent to the transporter within a period of three days from delivery date.
Delivery times are stated for guidance purposes only; where delivery time exceeds thirty days from order date, the contract of sale may be cancelled and the buyer will be issued a refund.
WARRANTY
All the products provided by the Seller are under legal guarantee as stipulated by articles 1641 and following of the French Civil Code.
In the event of non-compliance of any product sold, that product may be returned to the Seller, who will take it back and exchange it or issue a refund.
Claims or requests for exchange or refund must be made by postal communication to the address below:
ATD Performance
La Venourais
44590 DERVAL
FRANCE
Such requests must be received within a period of thirty days from the delivery date.
Liability
The Seller, in the process of online sale, is bound by an obligation of due care and diligence. The Seller shall not be held liable for any damage resulting from use of the Internet such as loss of data, intrusion, virus, disruption of service, or any other issues beyond the Seller's control.
Intellectual Property
All the components of the ATD Performance website are and shall remain solely and exclusively the intellectual property of ATD Performance.
No person is authorised to reproduce, make personal or commercial use of, retransmit for any reason whatsoever, in full or in part, any of the components of the site whether software, visual or sound tracks.
PERSONAL DATA
Pursuant to the Data Protection Act of 6 January1978, nominal data relating to the buyers may be subject to automatic processing.
ATD Performance reserves the right to collect information on the buyers, including by the use of cookies, and, if the company wishes, to transmit the collected information to commercial partners.
Buyers have the right to forbid disclosure of their personal data by notifying ATD Performance. Likewise, users may exercise a right to access and rectify data relevant to them, pursuant to the Act of 6 January 1978.
ARCHIVING - PROOF
ATD Performance shall keep records of order forms and invoices on a reliable and durable support constituting a true and accurate copy in compliance with the provisions of article 1348 of the French Civil Code.
ATD Performance's computerized records shall be deemed by the parties to be proof of the communications, orders, payments and transactions operated between the parties.
SETTLEMENT OF DISPUTES
These Terms and Conditions of Online Sale are governed by the laws of France.
This translation is provided for information purposes, and only the French version of our general terms of sale shall be legally binding.
In the event of disagreement, the matter shall be referred to the competent courts of Nantes, France, notwithstanding multiple defendants or third party proceedings. |
