Terms of sale

 

General Terms and Conditions of Sale

Effective from 01/01/2023

ARTICLE 1 – Scope of Application

These General Terms and Conditions of Sale (referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers ("The Clients or the Client"), wishing to purchase the products offered for sale ("The Products") by the Vendor on the website https://www.twosixone.fr/. The Products offered for sale on the site are as follows:

Equipment and textiles for sports activities.

The main characteristics of the Products, including specifications, illustrations, and size or capacity indications, are presented on the website https://www.twosixone.fr/, which the client is required to review before placing an order.

The choice and purchase of a Product are the sole responsibility of the Client.

The offers of Products are subject to availability, as indicated when placing the order.

These GTCS are available at any time on the website https://www.twosixone.fr/ and will prevail over any other document.

The Client declares that they have read and accepted these GTCS by checking the box provided for this purpose before initiating the online order procedure on the website https://www.twosixone.fr/.

Unless proven otherwise, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Client.

The Vendor's contact details are as follows:

STUDIO 4810 PARIS, SAS
Share capital of 6000 euros
Registered with the Paris Trade and Companies Register under the number 849409313
61 rue de Lyon, 75012 Paris
Email: hello@twosixone.fr

ARTICLE 2 – Prices

The Products are provided at the rates in effect on the website https://www.twosixone.fr/ at the time the order is placed by the Vendor.

The prices are expressed in Euros, excluding tax (HT) and including tax (TTC).

The prices take into account any discounts that may be granted by the Vendor on the website https://www.twosixone.fr/.

These prices are fixed and non-revisable during their validity period, but the Vendor reserves the right to modify them at any time outside the validity period.

The prices do not include processing, shipping, transport, and delivery fees, which are charged additionally, as indicated on the website and calculated before the order is placed.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Vendor and provided to the Client upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Client’s responsibility to select the Products they wish to order on the website https://www.twosixone.fr/.

The offers of Products are valid as long as they are visible on the site, subject to availability.

The sale is only considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and immediately report any errors.

Any order placed on the website https://www.twosixone.fr/ constitutes the formation of a contract concluded at a distance between the Client and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Client with whom there is an existing dispute regarding the payment of a previous order.

The Client can track the progress of their order on the website.

ARTICLE 3 Bis – Client Area – Account

To place an order, the Client is invited to create an account (personal area).

To do so, they must register by filling out the form provided at the time of the order and commit to providing truthful and accurate information regarding their civil status and contact details, including their email address.

The Client is responsible for updating the information provided. They may modify this information by logging into their account.

To access their personal area and order history, the Client must identify themselves using their username and password, which will be communicated to them after registration and are strictly personal. The Client is prohibited from disclosing these details. Otherwise, they will remain solely responsible for any use made of the account.

The Client may also request their unsubscription by going to the dedicated page in their personal area or by sending an email to: hello@twosixone.fr. This will be effective within a reasonable time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://www.twosixone.fr/ may suspend or even close the account of a Client after a formal notice sent by electronic means and remained ineffective.

Any account deletion, for any reason, results in the complete deletion of all the Client’s personal information.

Any event due to force majeure that causes a malfunction of the website or server, and any interruption or modification due to maintenance, does not engage the responsibility of the Vendor.

Creating the account implies acceptance of these general terms and conditions of sale.

ARTICLE 4 – Payment Terms

The price is paid through a secure payment method, according to the following modalities:

Payment by credit card.

The price is payable immediately by the Client, in full at the time of placing the order.

Payment data is exchanged in encrypted mode through the protocol defined by the authorized payment service provider handling banking transactions on the website https://www.twosixone.fr/.

Payments made by the Client will not be considered definitive until the Vendor has effectively received the amounts due.

The Vendor will not be obligated to deliver the Products ordered by the Client if the price is not fully paid in accordance with the terms mentioned above.

ARTICLE 5 – Deliveries

The Products ordered by the Client will be delivered within metropolitan France.

Deliveries occur within 14 days to the address provided by the Client during the order process.

Delivery consists of transferring physical possession or control of the Product to the Client. Unless there is a particular case or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Vendor commits to making every effort to deliver the ordered products to the Client within the above-stated timeframe.

If the ordered Products have not been delivered within 7 days after the indicative delivery date, for reasons other than force majeure or the Client’s fault, the sale may be canceled at the Client's written request under the conditions specified in articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The amounts paid by the Client will then be refunded no later than fourteen days after the cancellation of the contract, excluding any compensation or retention.

Deliveries are made by an independent carrier to the address provided by the Client during the order process, accessible to the carrier.

If the Client has arranged for their own transport, delivery is considered complete once the Products are handed over to the carrier, who accepts them without reservation. The Client acknowledges that the transport is the responsibility of the carrier, and they have no recourse against the Vendor for non-delivery of the transported goods.

If the Client requests specific packaging or transport conditions for the ordered products, which are accepted in writing by the Vendor, the associated costs will be billed separately based on a quote pre-approved by the Client.

The Client is required to inspect the condition of the delivered products. They have 7 days from delivery to submit complaints via email to hello@twosixone.fr, including all relevant evidence (e.g., photos). After this period and if these formalities are not respected, the Products will be deemed compliant and free of any apparent defects, and no claim will be accepted by the Vendor.

The Vendor will reimburse or replace the Products deemed defective or non-compliant, as evidenced by the Client, in accordance with articles L 217-4 and following of the Consumer Code and these GTCS.

ARTICLE 6 – Transfer of Ownership

The transfer of ownership of the Products from the Vendor to the Client will only occur after the full payment of the price by the Client, regardless of the delivery date of the Products.

ARTICLE 7 – Right of Withdrawal

According to article L221-18 of the Consumer Code:

"For contracts providing for the regular delivery of goods over a defined period, the period starts from the receipt of the first item."

The right of withdrawal may be exercised online, using the attached withdrawal form or any other clear declaration expressing the desire to withdraw, such as by postal mail to the Vendor’s contact details in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions...), allowing for their resale as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products will not be accepted.

The return shipping costs are borne by the Client.

Exchange (subject to availability) or refund (in the form of a gift card) will be made within 14 days from the Vendor’s receipt of the returned Products in accordance with the present article.

ARTICLE 8 – Vendor’s Liability – Warranties

The Products supplied by the Vendor benefit from:

  • The legal warranty of conformity for defective, damaged, or incorrect Products,

  • The legal warranty against hidden defects due to a defect in materials, design, or manufacturing, making the delivered products unfit for use.

Provisions concerning legal warranties:

  • Article L217-4 of the Consumer Code: "The Vendor is required to deliver a good that conforms to the contract and is liable for any non-conformity existing at the time of delivery."

  • Article L217-5 of the Consumer Code: "The good is compliant with the contract if it is fit for the usual use expected of a similar good and, where applicable, corresponds to the description provided by the Vendor."

  • Article L217-12 of the Consumer Code: "The action resulting from non-conformity is limited to two years from delivery."

  • Article 1641 of the Civil Code: "The Vendor is responsible for hidden defects in the item sold that make it unfit for its intended use."

  • Article 1648 paragraph 1 of the Civil Code: "The action for hidden defects must be filed by the Client within two years of discovery of the defect."

  • 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."

  •  Article L217-16 of the Consumer Code: "When the buyer requests the vendor, during the period of the commercial warranty granted at the time of the acquisition or repair of a movable good, to carry out a repair covered by the warranty, any immobilisation period of at least seven days is added to the remaining warranty period. This period begins from the buyer’s request for intervention or the availability of the product for repair, whichever occurs later."

To assert their rights, the Client must inform the Vendor, in writing (by email or mail), of the non-conformity of the Products or the existence of hidden defects upon discovery.

The Vendor shall refund, replace, or repair the Products or parts under warranty deemed non-conforming or defective.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements, or repairs of Products deemed non-conforming or defective shall be carried out as soon as possible and no later than 14 days following the Vendor’s acknowledgment of the defect or hidden defect. Refunds may be issued by bank transfer or cheque.

The Vendor's liability cannot be engaged in the following cases:

  • Non-compliance with the legislation of the country where the products are delivered, which the Client must verify.
  • In case of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as well as normal wear and tear of the Product, accident, or force majeure.
  • Photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.
  • In any case, the Vendor's warranty is limited to the replacement or reimbursement of non-conforming or defective Products.

ARTICLE 9 – Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Vendor and their transmission to third parties for the delivery of the Products. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the site https://www.twosixone.fr/ are as follows:

Account Opening

When creating a Client/User account:

  • Names, first names, postal address, telephone number, and email address.

Payment

As part of the payment process for the Products offered on https://www.twosixone.fr/, the site records financial data related to the Client/User's bank account or credit card.

9.2 Recipients of Personal Data

Personal data is reserved for the sole use of the Vendor and its employees.

9.3 Data Controller

The data controller is the Vendor, within the meaning of the Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data (GDPR).

9.4 Limitation of Processing

Unless the Client gives explicit consent, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Vendor will retain the collected data for a period of 5 years, covering the period of applicable contractual civil liability limitation.

9.6 Security and Confidentiality

The Vendor implements organizational, technical, software, and physical security measures to protect personal data against alteration, destruction, and unauthorized access. However, it is noted that the Internet is not a completely secure environment, and the Vendor cannot guarantee the security of information transmission or storage over the Internet.

9.7 Exercise of Client and User Rights

In accordance with applicable personal data regulations, Clients and Users of the site https://www.twosixone.fr/ have the following rights:

  • They can update or delete their data by requesting it via email to hello@twosixone.fr.

  • They can delete their account by writing to the email address specified in Article 9.3 "Data Controller."

  • They can exercise their right of access to their personal data by writing to the address specified in Article 9.3 "Data Controller."

  • If the personal data held by the Vendor is inaccurate, they can request the update by writing to the address specified in Article 9.3 "Data Controller."

  • They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address specified in Article 9.3 "Data Controller."

  • They can also request the portability of their data to another provider.

  • Finally, they can object to the processing of their data by the Vendor.

These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The Data Controller must respond within a maximum of one month.

In case of refusal to grant the Client’s request, reasons must be provided.

The Client is informed that they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seek judicial remedy.

The Client may be invited to tick a box to agree to receive informational and promotional emails from the Vendor. They can withdraw their consent at any time by contacting the Vendor (contact details above) or by clicking the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the site https://www.twosixone.fr/ is the property of the Vendor and its partners and is protected by French and international laws regarding intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

ARTICLE 11 – Applicable Law – Language

These Terms and Conditions and the resulting operations are governed by and subject to French law.

These Terms and Conditions are written in French. In case they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint, please contact the customer service at the Vendor’s postal or email address indicated in ARTICLE 1 of these Terms and Conditions.

The Client is informed that they may, in any case, resort to conventional mediation, through existing sectoral mediation bodies, or any alternative method of dispute resolution (e.g., conciliation) in case of dispute.

The Client is also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any disputes arising from purchase and sale operations concluded under these Terms and Conditions, which have not been amicably resolved between the Vendor or through mediation, shall be submitted to the competent courts under common law conditions.

Drafted via https://www.legalplace.fr

 

 

ANNEX I

Withdrawal Form

Date ______________________

This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://www.twosixone.fr/, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms and Conditions.

To the attention of sas, STUDIO 4810 PARIS

61 rue de lyon

I hereby notify the withdrawal from the contract concerning the item below:

– Order date (indicate the date)

– Order number: …………………………………………………..

– Client's name: …………………………………………………………………

– Client's address: ……………………………………………………………..

Client's signature (only if the form is notified on paper)