GENERAL TERMS AND CONDITIONS OF SALE FOR ORDERS PLACED ON THE sportdirectshop.com WEBSITE – 28/09/2021
Preamble
These general conditions of sale are concluded between the company sportdirectshop FRANCE, Individual Company registered with the RCS of Agen under the number 421 925 918, whose head office is located at 27 avenue Thiers 47500 Fumel and any natural person (hereinafter referred to as “The Customer”) making a purchase on the Site www.sportdirectshop.com (hereinafter referred to as the “The Site”).

sportdirectshop.com FRANCE (hereinafter the Site) acts on behalf of the stores of the sportdirectshop.com, sports and leisure equipment brands (hereinafter collectively referred to as “sportdirectshop.com”).

1. Object
All orders placed through the Site are subject without reservation to these General Terms and Conditions of Sale. These general conditions of sale aim to define the terms and conditions for the sale of products on the Site www.sportdirectshop.com between sportdirectshop.com and the Customer.

The General Terms and Conditions of Sale apply to all product sales on the sportdirectshop.com Site.

2. Scope
These General Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales made on the sportdirectshop.com website.

These T&Cs are accessible at any time on the Site www.sportdirectshop.com.

The Customer declares to have read the general conditions of sale and to have accepted them without reservation before placing an order.

Any order implies acceptance of the general conditions of sale in force. Consequently, no clause on a purchase order or on any other document of the Customer can derogate from it, being assumed to be unwritten.

The general conditions of sale can be modified or adapted at any time. The modifications are opposable from the moment they are put online.

Each order placed on the Website is governed by the T&Cs applicable on the date of the order. Thus, only the GCS in force on the date of conclusion of the contract are opposable to the Customer.

3. Order
The Customer must be a natural person.

The Customer declares to have the capacity to conclude a contract.

The Customer declares to be at least 18 years old, and the legal capacity to contract, or to have the express authorization of his legal guardians.

The Customer declares to make one or more purchases of products exclusively for his personal use and in no case for commercial purposes.

sportdirectshop.com reserves the right to control and refuse to honor an abnormal order with regard to the quantities of products ordered.

Any validated order, i.e. placed and paid, constitutes a firm and definitive sale.

The order confirmation email implies acceptance by sportdirectshop.com of the order and forms the sales contract.

To be able to place an order, the Customer must create an account on the Site by providing their contact details and creating a password.

Steps for placing an order:

Step 1: I put the chosen items in my basket
Step 2: I identify myself or I create my account
Step 3: I enter my delivery and billing address
Step 4: I choose my delivery method
Step 5: I pay for my order by accepting the General Conditions of Sale
The tracking of the order will be accessible on the Customer’s account at any time.

In certain cases, in particular for non-payment, or incorrect address for example, sportdirectshop.com reserves the right to block the Customer’s order until the problem is resolved.

As orders are final and irrevocable, any request for modification will not be possible.

The invoice will be available in the customer area once the entire order has been processed.

4. Products
The products offered for sale on the Website are described and presented with the greatest possible accuracy.

The photographs, drawings, of the products do not enter into the contractual field. As a result, the responsibility of sportdirectshop.com could not be engaged. For example, the color on the screen may differ depending on the case.

sportdirectshop.com informs the Customer that each store manages its own stock. Thus, an order may include one or more unavailable products.

In the event of unavailability of one or more product(s) ordered, the Customer will be informed by email as soon as possible. The Customer will always have the possibility of:

Cancel all or part of his order, by proceeding to a full or partial return of the products in his possession. To do this, the Customer must go to his customer area, select his order and then proceed to a return by selecting the product(s) concerned and the reason “Incomplete order”. In this case, the Customer will be reimbursed for the amount of the items and the delivery costs if

there are corresponding to the returned products, provided that the return complies with our GCS (see article 9).
As long as no item ordered online has been prepared, the Customer has the option of canceling his order online by going to his customer area and selecting the order concerned.
5. Price
The prices of the products and articles on the Site are indicated in Euros and include all taxes in force on the day of the order.

The prices do not take into account the delivery costs, invoiced in addition and indicated before the validation of the order.

sportdirectshop.com reserves the right to modify the prices at any time but undertakes to apply the prices in force at the time of the validation of the order by the Customer.

The price is payable in full and in a single payment at the time of validation of the order.

6. Payment
This is an order with payment obligation.

Payment must be made by credit card.

The bank cards accepted on the Site are: Carte Bleue, Visa and Master Card. Payment cards must be issued by a bank or financial institution located in the European Union.

The bank account will be debited when the entire order has been processed, in other words when all the available products have been delivered or picked up in store.

It is possible to insert promotion codes before the payment stage in the box provided for this purpose.

7. Delivery
The products can be delivered at home or in relay.

at. Home delivery
Delivery is possible in Metropolitan France and Corsica; Belgium; Australia; Canada; Swiss; Colombia; Spain; UK; Mexico; Panama; United States

The delivery costs are as follows:

All shipments are free from 14 to 20 days.
The fast shipping costs are 1.90 euros.
Total basket excluding delivery costs Customer delivery package

Delivery is made by La Poste Colissimo.

The products are delivered to the address indicated by the Customer on the order form.

The Customer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the Customer’s expense.

An invoice will be automatically generated for the Customer, available in his customer area, using the billing address provided when placing the order.

If at the time of delivery, the original packaging is damaged, torn, open, the Customer must then check the condition of the products. If the products are damaged, the Customer must imperatively refuse the package and note a reservation on the delivery note.

Once the order has been registered on the Site, the Customer receives an order confirmation email.

The Customer’s bank account will be debited when the order is collected.

8. Right of withdrawal
8.1 Conditions for exercising the right of withdrawal
In accordance with the legal provisions in force, the Customer has a right of withdrawal, without having to justify a reason, within 14 days from the day on which the Internet user or a third party designated by him other than the carrier , takes physical possession of the order.

Under Article L. 221-28 of the Consumer Code, certain products are excluded from the right of withdrawal:

audio and video recordings (CDs and DVDs) and computer software whose packaging is opened by the Customer,
goods personalized or made at the request of the consumer,
goods inseparable from other items,
Swimsuits with the protection removed,
foodstuffs, perishables,
underwear,
ear plug,
mouth guard,
sweat articles
protective shells
8.2 – Modalities for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must notify sportdirectshop.com France of his decision to withdraw by means of an unambiguous declaration, either

By going directly to their customer area to make a return request. The Customer must then:
Log in to your customer area
Select the order on which to make a return, then click on make a return
For each product concerned, indicate the quantity and choose the reason “I changed my mind”
Choose return mode
Print the return form and the carrier label, one form and one label per seller concerned
Slip the return form into the package, then stick the carrier label on the package
Drop off the package at the post office or in your mailbox according to the return method chosen beforehand
Once his return request has been registered, the Customer receives an e-mail acknowledging receipt of his request. He can also view and track his request in his customer area, My Returns section.

Or by sending the attached form:
By post to the following address: sportdirectshop.com – Customer Service 27 av

enueThiers 47500 FUMEL.
Or By e-mail to the following address: contact@sportdirectshop.com
For any request for withdrawal sent electronically, the Internet user will receive an acknowledgment of receipt of his request on a durable medium. Once the form has been completed and sent, the Customer has 14 days to return the product(s) concerned in perfect condition.

Warning :

No direct in-store returns will be accepted!

Returns must be made in their original condition and complete (packaging, accessories, instructions, label, etc.) allowing them to be re-marketed in new condition, accompanied if possible by the purchase invoice.
Dirty, worn, washed, damaged or incomplete products are not taken back. . In other words, if the Customer returns products in a condition unsuitable for their re-marketing, the seller to whom the return is made will be entitled to refuse it. In this case, the Customer will be notified by email of the product(s) concerned and will have to contact the said seller to, if he wishes, recover the product(s) at his own expense.
The Customer must return the products to the addresses indicated on the return slips in his Customer space. Multiple items may need to be returned to different addresses.
8.3 Effects of exercising the right of withdrawal
In the event of exercise of the right of withdrawal within the 14-day period, the product(s) are reimbursed at their purchase price; delivery costs are reimbursed in proportion to the number of products returned.

The withdrawal costs are free.

The refund will be made within a maximum period of 14 days from receipt, by sportdirectshop.com, of the products returned by the Customer under the conditions provided for above.

The refund will be made according to the means of payment used for the order.

If reimbursement proves impossible, for example due, in the meantime, to theft or fraud of the bank card used, the Customer must contact Customer Service. For security reasons, Customer Service may ask the Customer to explain and justify the reason making it impossible to refund to the bank account used when placing the order, and will verify their identity.

In case of impossibility for any reason whatsoever, sportdirectshop.com France will try to find an alternative solution with the Customer.

In case of serious doubt, sportdirectshop.com France therefore reserves the right to refuse reimbursement to a bank account other than the one used for the order.

In any event, the refund will not incur additional costs for the Customer unless the latter has chosen, when ordering, a more expensive delivery method than the standard delivery method offered on the Site.

9. Exchange and error of products
9.1. Exchange of products
No product will be exchanged.

9.3. Products error
In the event of an error on the order, of a defective product, missing, received although not ordered, the customer has 14 days to proceed with a return, from the day on which the Internet user or a third party designated by him other than the carrier, takes physical possession of the order.

To do this, the Customer must:

Log in to your customer area to make a return request
Select the order on which to make a return, then click on make a return
For each product concerned, indicate the quantity and choose the reason concerned from the following reasons:
Wrong item / item not ordered
Defective or damaged item
Incomplete order
Choose return mode
Print the return form and the carrier label, one form and one label per seller concerned
Slip the return form into the package, then stick the carrier label on the package
Drop off the package at the post office or in your mailbox according to the return method chosen beforehand
Once his return request has been registered, the Customer receives an e-mail acknowledging receipt of his request. He can also view and track his request in his customer area, My Returns section.

Warning :

No direct in-store returns will be accepted!
Returns must be made in their original condition and complete (packaging, accessories, instructions, label, etc.) allowing them to be re-marketed in new condition, accompanied if possible by the purchase invoice.
Dirty, worn, washed, damaged or incomplete products are not taken back. In other words, if the Customer returns products in a condition unsuitable for their re-marketing, the seller to whom the return is made will be entitled to refuse it. In this case, the Customer will be notified by email of the product(s) concerned and will have to contact the said seller to, if he wishes, recover the product(s) at his own expense.
The Customer must return the products to the addresses indicated on the return slips in his Customer space. Enjoyed

Several items may need to be returned to different addresses.
If the return is accepted, the product(s) are refunded at their purchase price; delivery costs are reimbursed in proportion to the number of products returned.

These return costs for product errors are not charged to the customer. The item will be returned to the customer at the store’s expense.

The refund will be made within a maximum period of 14 days from receipt, by sportdirectshop.com, of the products returned by the Customer under the conditions provided for above.

The refund will be made according to the means of payment used for the order.

If reimbursement proves impossible, for example due, in the meantime, to theft or fraud of the bank card used, the Customer must contact Customer Service. For security reasons, Customer Service may ask the Customer to explain and justify the reason making it impossible to refund to the bank account used when placing the order, and will verify their identity.

In case of impossibility for any reason whatsoever, sportdirectshop.com France will try to find an alternative solution with the Customer.

In case of serious doubt, sportdirectshop.com France therefore reserves the right to refuse reimbursement to a bank account other than the one used for the order.

In any event, the refund will not incur any additional costs for the customer unless the latter has chosen, when ordering, a more expensive delivery method than the standard delivery method offered on the Site.

10. Legal guarantee of conformity and legal guarantees against hidden defects
sportdirectshop.com guarantees the conformity of the goods, allowing the Customer to make a request under the legal guarantee of conformity provided for in articles L217-4 and following of the consumer code or the guarantee against hidden defects provided for in articles 1641 et seq. of the civil code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:
– The Customer has a period of 2 years from the delivery of the goods to act,
– The Customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L217-17 of the Consumer Code;
– The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
– The legal guarantee of conformity is independent of the commercial guarantee.

The Customer may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

11. Commercial guarantee
There is no commercial guarantee for items purchased on the website.

12. Customer Service
For any information, the Customer can contact Customer Service:

By email: contact@sportdirectshop.com
By post: sportdirectshop.com – eCommerce Department 27 avenueThiers 47500 Fumel
13. Retention of title clause
All products on the Website remain the property of sportdirectshop.com until full payment of the order.

As of receipt of the order by the Customer, the risks of the delivered goods are transferred to the Customer.

14. Mediation
In accordance with Article L612-1 of the Consumer Code, any Customer has the possibility of having recourse to a mediator free of charge for any dispute not previously resolved with the Store concerned or via the Consumer Service.

To exercise this right, the Customer contacts the Trade Mediator:

by post to the following address:
Cooperative Trade Mediator and Associate
FCA
77 rue de Lourmel
75015 Paris

or electronically: https://www.mcca-mediation.fr, on which can be found the Mediation Charter for Cooperative and Associated Commerce and the supporting documents to be provided.

15. ODR PLATFORM
Pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the customer is informed of the possibility of entering the Online Dispute Resolution (ODR) platform provision by the Commission accessible from the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The customer can also contact the Company electronically at this address: contact@sportdirectshop.com

16. Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all

s irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

17. Intellectual Property
The content of the Website (images, drawings, photographs, technical documents, brands, etc.) remains the property of du Site, the sole holder of the intellectual property rights to this content.

The Customer agrees not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

18. Miscellaneous
If one of the articles of these general conditions of sale becomes null or inapplicable, this does not lead de facto to the invalidity of the other articles.

19. Applicable law
French law will be applicable to any dispute or interpretation arising from these general conditions of sale or in relation to them.

Annex: withdrawal form

Withdrawal form

You can exercise your right of withdrawal from the day on which you or a third party designated by you other than the carrier takes physical possession of the order.

To exercise your right of withdrawal:

Go to your customer area on www.sportdirectshop.com
Select the relevant order in your Order History
Click on Return
Then select for each article concerned as reason for return “I changed my mind”. We will provide you with one or more return labels to return your item(s) depending on whether your order is for one or more sellers.
If you do not wish to use your customer area, you can exercise your right of withdrawal by post or e-mail by completing and returning the following form to us.

I hereby notify you of my withdrawal from the contract relating to the sale of the products below:

Order number :

Ordered on / received on:

Product(s) indicating the quantity returned per product:

Your address :

The email address used for your sportdirectshop.com account:

Signature (only in case of notification of this form on paper):

date:

Once the form is completed, please send it to:

By email: contact@sportdirectshop.com
By mail: sportdirectshop.com – eCommerce Department 27 avenue Thiers 47500 FUMEL
Once your form has been sent, you have 14 days to return your item(s) to allow us to proceed with the refund provided that this (these) item(s) is (are) still marketable.

If your order concerns only one seller, please return your item(s) at your own expense to the seller’s address indicated on the invoice available in your customer area.

If your order concerns several sellers, please return your item(s) at your own expense to the seller’s address indicated on the invoice available in your customer area.

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