General Conditions of Sale
GENERAL TERMS OF SALE
Article 1 - Prices
1.1. The prices given for products are provided in euros and are inclusive of VAT but do not include shipping and handling costs. Prices are set by BV SPORT and therefore may be changed with no prior notice.
1.2. For orders to countries outside of mainland France you shall take on the role of importer for the products in questions. Customs duties, other local taxes, import duties or State taxes may be levied and shall require settling. BV SPORT shall not responsible for the payment thereof. You shall be wholly responsible for all declarations and payments made to the relevant authorities and/or bodies in your country in this regard. We advise you to look into whether these would apply with your local authorities.
1.3. BV SPORT reserves the right to modify its prices at any time, although the products shall at all times be billed using the rates applicable at the time the order is made, subject to availability. The prices as indicated may fluctuate based on exceptional occurrences outside of our control. We therefore reserve the right to modify our rates in the event of such an occurrence.
1.4. The products shall remain the property of BV SPORT until the price has been paid in full.
Article 2 - Orders
Orders shall be made exclusively online.
The contractual information shall be provided in French, english and italian language.
BV SPORT reserves the right to cancel any order placed by a customer in the event of an outstanding dispute concerning payment for a previous order.
Article 3 - Validation
When you click on the "validate" button after placing your order, you hereby acknowledge you fully and unconditionally accept said order as well as the whole of these General Terms of Sale.
The data logged by BV SPORT shall constitute the proof of the whole of the transactions conducted between BV SPORT and its customers.
The data logged by the payment system shall constitute proof of the financial transactions.
Article 4 - Availability
Our product offerings and prices are valid whilst they are listed on the website, subject to available stock.
In the event a product is not available after you have placed an order we will notify you of this fact via e-mail or telephone as soon as possible.
From that point onwards you may request the cancellation of your order or the replacement of the product in question with another one via e-mail (firstname.lastname@example.org) or by writing to:
BV SPORT - 16 rue Necker - 42000 SAINT-ETIENNE - FRANCE
In the event your order cannot be fulfilled either wholly or partially, reimbursement shall be made by crediting your bank account at BV SPORT's choice and no later than thirty days from payment of the amounts owed by the customer.
Article 5 - Delivery
5.1. General provisions
Products sold by BV SPORT shall only be shipped to countries listed in the product data sheet (unless stated otherwise for each product or for each supplier). Products shall be sent to the delivery address you provided when placing your order, subject to availability. The timescales indicated are averages and include both processing and delivery times. For shippable items with different delivery dates owing to availability, the delivery time shall be the longest quoted.
Nevertheless BV SPORT reserves the right to split deliveries. User charges for processing and shipping shall only be invoiced for one single despatch.
Orders will not be processed until payment has been received. Consequently the applicable timescales in this case shall be for the date payment was received and may therefore be different compared to those mentioned when the order was initially made.
FREE SHIPPING FOR ORDERS OVER 100 EUROS TO THE FOLLOWING COUNTRIES: France, Spain, Portugal, Germany, Austria, Belgium, Finland, the United Kingdom, Ireland, Luxembourg, the Netherlands, Sweden.
5.2. Delivery problems
You should always check the goods delivered are what you ordered when you receive them and prior to signing the delivery slip. Any irregularities noted upon delivery (damaged goods, etc.) should be noted in handwriting and should be signed for. You should likewise confirm irregularities with the shipping service no later than three business days following receipt of your item(s) and send a copy of this letter to BV SPORT - 16 rue Necker - 42000 SAINT-ETIENNE - FRANCEE. If the products require returning to us this should be done within two business days following receipt. Any claims made beyond this period shall not be accepted. Returns shall only be accepted for products as they were shipped (i.e. in their original packaging with accessories, instructions, etc.).
When you personally accept delivery of the items being transported and when the carrier has not given you a chance to actually verify the proper condition thereof, the period set out in article L. 133-3 of the French Commercial Code extinguishing all rights of action against the carrier shall be extended to ten days.
BV SPORT shall then replace the product(s) in question or reimburse you for them.
The return of products which were wrongly shipped shall solely be accepted for full, complete products in their original state (with the original packaging, accessories, instructions, etc.) and a copy of the purchase invoice.
The return of products presenting defects or which are non-compliant shall solely be accepted when products are in their original state as sold.
You will not be reimbursed for return shipping costs.
Article 6 - Payment
Payment for your purchases may only be made by credit cards: Visa, MasterCard or other cards participating in the French Carte Bleue scheme. Your card will be debited immediately when you place the order.
6.1. Payment by credit card is the only method of payment accepted.
6.2. If one of the items purchased is subject to a compulsory method of payment then this same method shall apply to the whole of the items purchased. You are hereby notified of this provision.
6.3. In the event of multiple items purchased which are subject to incompatible compulsory methods of payment, you will be required to split your order up into multiple orders.
Article 7 - Security system
Our website implements a security system, using SSL encryption for secure payment. Payments are completely secure and wholly processed by our partner, "Le CIC".
None of your bank information ever passes through our website. We therefore do not store any of your bank details.
Article 8 - Right of return
8.1. You have 14 days starting from receipt of the items ordered to return any which you no longer require.
This right of return shall solely apply for full, complete products in their original state (with the original packaging, accessories, instructions, etc.) and a copy of the purchase invoice.
You will be responsible for covering return shipping costs. All amounts paid - inclusive of the original shipping costs - shall be returned to you. Fees related to payment, processing and online registration management shall not be reimbursed. Returns should be sent to BV SPORT - 16 rue Necker - 42000 SAINT-ÉTIENNE - FRANCE or any other address you are notified of based on the type of product being returned.
8.2. Returned items which are not complete or have been spoilt, damaged or dirtied by yourself shall not be accepted.
8.3. We hereby undertake to reimburse you for or replace any products which do not match up with your order (defective or non-compliant items).
In this case we wish to thank you in advance for carefully taking stock of what was sent to you against the order form and sending the products back to us. BV SPORT shall then replace the product(s) in question or reimburse you for them.
8.4. Reimbursement will be made at BV SPORT's discretion by crediting your bank account. As BV SPORT does not keep bank details on its website, in the case of payment by credit card, a bank account number must be attached to your return so that the refund can be made as soon as possible. In case of payment via Paypal, no bank details must be attached to your return.
8.5. No instances of cash-on-delivery shall be accepted, regardless of the reason.
8.6. E-gift cards, items offered as part of promotions or seasonal sales may be exchanged or reimbursed.
Article 9 - Guarantees
In application of the legislative and regulatory provisions, all orders are subject to the legal guarantee of conformity of article L 217-4 and following of the Consumer Code and the guarantee of latent defects of the Civil Code, provided for in articles 1641 and following.
9.1: Legal guarantee of conformity
Article L.217-4 of the Consumer Code :
The seller delivers a good that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code:
The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate:
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 can 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 knowledge of the seller and accepted by the latter.
Article L.217-12 of the Consumer Code:
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L.217-16 of the Consumer Code
Where the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of movable property, to carry out a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the period of the warranty remaining to run.
This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
9.2 : Warranty for hidden defects
Article 1641 of the Civil Code :
The seller is bound by the warranty for defects of the thing which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it if he had known about them.
Article 1648 of the Civil Code, paragraph 1:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
9.3 : Exclusion of warranty
The Customer will not be able to avail himself of any legal guarantee if the damage results from abnormal use of the product by the Customer.
The Customer shall also not be entitled to any guarantee if the product has been modified or repaired without the authorisation of BV SPORT.
Article 10 - Customer service
Please feel free to contact customer service for all queries or requests for information you may have at: BV SPORT - 16 rue Necker - 42000 SAINT-ETIENNE - FRANCE. You can also contact us via e-mail (email@example.com) or on +334 77 52 11 47.
Monday to Thursday: 9am-12pm/14pm-5.30pm
Friday: 9am to 12pm.
Article 11 - Intellectual property
All texts, commentaries, publications, illustrations and images reproduced on BV SPORT's website are reserved under copyright as well as intellectual property rights for the whole world. To this end and in accordance with the provisions of the French Intellectual Property Code, only private use is authorised subject to the various provisions thereof, with the most restrictive prevailing at all times. Any other use shall be deemed to be an act of infringement and shall be punished as a breach of Intellectual Property except where said use has been previously authorised by BV SPORT. The full or partial reproduction of the BV SPORT catalogue is strictly prohibited.
Article 12 - Liability
11.1. The products on offer are compliant with current applicable French law. BV SPORT's liability may not be engaged in the event of non-compliance with laws in countries where the goods are delivered (products are banned there, etc.). It is your responsibility to check with your local authorities to ensure whether or not the products you intend to order can be ordered and/or used in your country.
The photographs and texts reproduced which are used to illustrate the products on offer are [not] contractually binding. Consequently BV SPORT's liability may not be engaged in the event of a mistake in the photographs or texts.
BV SPORT may not be held liable for non-performance of the agreement hereby concluded in the event of shortage of stock, the product no longer being made available, force majeure events, disruption to supply or a full or partial strike involving postal services and means of transport and/or communications, flooding or fire.
BV SPORT may not be held liable for any indirect damages arising from the foregoing or loss of business, loss of profit, missed opportunities, damages or fees.
The hypertext links may send you to sites not belonging to BV SPORT or its online store. BV SPORT shall not be held liable in the event content hosted on these sites is in breach of current applicable legal and regulatory provisions.
Article 13 - Applicable law - Disputes
This agreement is subject to French law.
This agreement was originally drafted in the French language.
All disputes shall be heard exclusively in the relevant French courts.
All disputes shall be heard exclusively in the Saint-Etienne Commercial Court.
All consumers have the right to freely seek recourse to a consumer ombudsman for the purposes of amicably resolving any dispute they may have against a professional. To this end the professional shall guarantee an effective remedy against the consumer via a consumer mediation mechanism.
By default, BV SPORT offers the Customer its own mediation system as follows:
Name of the mediator : Mr GOLDENBERG Michel
Ombudsman's address : Paris (75)
Ombudsman's website : https://www.cm2c.net/
Contact the mediator : firstname.lastname@example.org
The Parties agree that the dispute may not be examined by the consumer mediator when :
- The Customer does not justify having tried, beforehand, to resolve his dispute directly with BV SPORT by a written complaint sent by registered letter with acknowledgement of receipt to BV SPORT within fifteen (15) days from the Delivery of the Product;
- The request is manifestly unfounded or abusive;
- The dispute has been previously examined or is being examined by another mediator or by a court of law; The claim is manifestly unfounded or abusive;
- The Customer has submitted the request to the mediator within a period of more than one (1) year from the date of his written complaint to BV SPORT ;
- The dispute does not fall within the mediator's field of competence.
Article 14 - Personal information
The personal information you provide us with shall be used by our in-house services to process your order and to improve and personalise the communications and product offerings for BV SPORT customers, particular as concerns BV SPORT newsletter.
Nevertheless whenever you navigate to BV SPORT's website from certain BV SPORT partner websites which are duly identified as such, information on you may in exceptional circumstances be sent to third parties. If you do not wish for us to do so please let us know by getting in touch at the address below. Consequently and in accordance with the French Law on Computer Technology and Personal Freedoms of 6 January 1978, you are entitled to the right to access, rectify and oppose the personal data belonging to you. To do so you may contact us online or at the following address, giving your surname, forename and address:
BV SPORT - 16 rue Necker - 42000 SAINT-ETIENNE - FRANCE.
You are entitled to the right to access, modify, rectify and delete personal data belonging to you (per Article 34 of the French Law on Computer Technology and Personal Freedoms). To exercise this right, please notify us in this regard at BV SPORT - 16 rue Necker - 42000 SAINT-ETIENNE - FRANCE.