TERMS AND CONDITIONS - BANDAX

BETWEEN:

The company BANDAX SAS, registered SIREN 881 197 214 in the R.C.S. of Versailles, domiciled at 28 avenue du 19 mars 1962, 78370 PLAISIR, with a capital of 10 000€, represented by Mr ROMEO Franck, president.
Hereinafter referred to as the “Seller”, “we”, “us” and “BANDAX”,
For one thing,

ET

Any consumer, natural person visiting or making a purchase via the said site www.bandax.fr.
Hereinafter referred to as the “Customer”,
On the other hand,
It was outlined and agreed as follows:
Preamble
The Seller’s activity is the sale of sports products, sports protection and other products relating to the care of combatants, including the marketing of the above-mentioned goods and/or services through the website www.bandax.fr. The list of goods and services offered for sale online by the Seller can be consulted on the site available at the address “www.bandax.fr”.
The Parties agree that their relations shall be governed exclusively by this contract, to the exclusion of any conditions previously available on the Vendor’s website.
The Vendor reserves the right to modify these terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale are those in force on the date of validation of the order. The Parties agree that the photos of the Goods on sale on the www.bandax.fr website have no contractual value.

Article 1

Definitions
The terms and expressions referred to below, when preceded by a capital letter, shall mean, for the purposes of the interpretation and execution hereof :
“Article”: the Good(s) that is/are the subject of the Order;
“Goods”: any product offered for sale on the Site;
“Order”: request for Goods or Services made by the Customer to the Vendor;
“General Terms and Conditions of Sale”: the general terms and conditions of sale which are the subject hereof;
“Agreement”: this document, including its preamble and annexes, as well as any amendment, substitution, extension or renewal hereof pursuant to the Parties’ agreement;
“Delivery Period”: the period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;
“Delivery Costs”: the cost of the costs incurred by the Seller to send the Order to the Delivery address indicated by the Customer;
“Delivery”: shipment of the Article to the Customer;
“Delivery Method”: means any standard or express delivery method available on the Site at the time of the Order;
“Price”: the unit value of a Good or Service; this value includes all taxes and excludes Delivery Costs;
“Total Price”: the total amount of the cumulative Prices of the Goods and Services that are the subject of the Order; this amount includes all taxes;
“All-Inclusive Price”: the Total Price plus the price of the Delivery Charges; this amount includes all taxes;
“Service”: any service offered for sale on the Site;
“Site”: the online sales site “www.bandax.fr” used by the Seller for the marketing of its Goods / Services;
“Territory”: has the meaning given to this term in Article 3;
“Order Validation”: has the meaning given to this term in Article 5;
“Online Sale” : marketing of the Seller’s Goods and Services via the Site;
References to the Articles are references to the Articles of this Agreement, unless otherwise stated.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.

Article 2

Subject
The purpose of this Agreement is to define the rights and obligations of the Parties in the context of the Online Sale of the Goods and Services offered for sale by the Seller to the Customer.

Article 3

Scope of application
These General Terms and Conditions of Sale are reserved for consumers only, within the meaning of the law and case law, acting exclusively on their own behalf.
In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of Goods and Services sold by electronic means are available on the Site.
The trader shall also communicate to the consumer information relating to his identity, postal, telephone and electronic contact details and his activities, as well as, where applicable, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.
In addition, the Customer shall receive the information provided for in Articles L. 122-1 and L. 221-11 of the French Consumer Code, before and after the conclusion of the sale and in particular by means of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale are applicable to all sales of Goods and Services by the Seller through the www.bandax.fr website.
The Customer declares that he has read these General Terms and Conditions of Sale before the Validation of the Order within the meaning of Article 5. The Validation of the Order shall therefore constitute acceptance without restriction or reservation of these General Terms and Conditions of Sale. The present General Terms and Conditions of Sale are applicable to Orders placed for Delivery in mainland France (including Corsica) (the “Territory”).

Article 4

Entry into force and Duration
This Contract shall come into force on the date of Validation of the Order as defined in Article 5.
The Contract is concluded for the period necessary for the supply of the Goods and Services, until the expiry of the guarantees and obligations due by the Seller.

Clause 5

Ordering Goods and Services and Completion Steps for Online Sales
In order to complete the Order, the Customer must follow the following steps:
1. 1. Enter the address of the Site;
2. 2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account ;
3. Fill in the order form. In the event of prolonged inactivity during connection, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning;
4. 4. Verify the elements of the Order and, if necessary, identify and correct any errors ;
5. 5. Validate the Order, the Total Price and the All-Inclusive Price (the “Order Validation”) ;
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
The Customer shall then receive an electronic confirmation of acceptance of payment for the Order without delay.
The Customer shall also receive electronically and without delay an acknowledgement of receipt valid as confirmation of the Order (the “Order Confirmation”).
The Customer shall receive confirmation of the dispatch of the Order electronically.
Delivery shall take place to the delivery address indicated by the Customer at the time of the Order. When carrying out the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual terms and conditions pursuant to article 1366 of the French Civil Code.
The Vendor undertakes to fulfil the Order only within the limits of the available stocks of the Goods. If the Goods are not available, the Seller undertakes to inform the Customer thereof.
However, in accordance with Article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning payment for a previous Order.

Article 6

Prices of Goods and Services and Conditions of Validity
The Price of the Goods and Services sold on the Site is indicated respectively by item and reference or by service and by reference.
At the time of the Validation of the Order, the price to be paid is the All-Inclusive Price.
The telecommunication costs inherent to access to the Site remain the exclusive responsibility of the Customer.
The period of validity of the offers and Prices is determined by the updating of the Site.

Article 7

Terms of Payment
The payment of the All-Inclusive Price by the Customer is made through one of the following means of payment: credit card, PayPal account.
The transaction is immediately debited to the Customer’s bank card after verification of the data on the card, upon receipt of the debit authorization from the issuer of the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorises the Vendor to debit his bank card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event that it is impossible to debit the All-Inclusive Price, the Online Sale shall be immediately terminated by operation of law and the Order shall be cancelled.
The Seller shall use all means to ensure the confidentiality and security of the data transmitted on the Site. This data processing has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL) which issued receipt 2074901 v 0.

Article 8

Delivery of the Order
8.1. Mode of Delivery
The Customer chooses one of the Delivery Modes offered on the Site at the time the Order is placed.
8.2. Delivery Address
The Customer shall choose a Delivery address that is necessarily located within the Territory, failing which the Sales Order shall be rejected. The Customer shall be solely responsible for any failure to deliver the Products due to a lack of information at the time of placing the Sales Order.
8.3. Amount of Delivery Charges
The amount of the Delivery Charges depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Costs shall be indicated to the Customer before the Order is validated.
8.4. Delivery Times
Delivery Times are available on the Site and may vary according to the availability of the Goods ordered.
Delivery Times are in working days and correspond to the average time taken to prepare and deliver the Order in the Territory.
The Delivery Periods start from the date of Order Confirmation by the Seller.
8.5. Delivery Delay
In the event of late Delivery, the Order shall not be cancelled.
The Seller shall inform the Customer by e-mail that Delivery will be delayed. The Customer may then decide to cancel the Order and shall send the Vendor a notice of cancellation of the Order by e-mail to contact@bandax.fr, and/or by post to the Vendor.
In the event that the Order has not yet been dispatched when the Seller receives the Customer’s cancellation notice, the Delivery shall be blocked and the Customer shall be reimbursed any amounts debited within fourteen days of receipt of the cancellation notice. In the event that the Order has already been shipped upon receipt by the Seller of the Customer’s cancellation notice, the Customer may still cancel the Order by refusing to accept the package. The Seller shall then refund the amounts debited and the return costs paid by the Customer within fourteen days following receipt of the return of the refused package, complete and in its original condition.
8.6. Tracking Delivery
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.
8.7. Verification of the Order upon arrival
The Customer is required to check the condition of the packaging and the Items upon Delivery.
It is the Customer’s responsibility to make any reservations and claims he considers necessary, or even to refuse the package, when the package is obviously damaged upon Delivery. The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods.
The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code . The Customer must ensure that the Goods delivered to it correspond to the Order. In the event of non-conformity of the Goods in kind or in quality with the specifications mentioned in the Delivery Note, the Customer must inform the Seller by e-mail and return the Goods to the address indicated in the conditions of Article 8.

Article 9

Right of withdrawal
The Customer has a right of retraction which he may exercise within a period of fourteen calendar days following the date of receipt or withdrawal of the Order. In the event that this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended to the first following working day.
The Customer must inform the Vendor of the exercise of its right of withdrawal by registered letter with acknowledgement of receipt.
The Customer who wishes to exercise his right of withdrawal must return the Items within the above-mentioned period, and pay the costs of returning them.

Article 10

Warranty
The Seller is subject to the legal warranty conditions provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code :
Article L. 211-4 of the Consumer Code: “The Seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility”.
Article L. 211-5 of the Consumer Code: “To be in conformity with the contract, the goods must :
1° Be fit for the use usually expected of a similar good and, where applicable:- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter”.
Article L. 211-12 of the Consumer Code: “Action resulting from the lack of conformity is time-barred after two years from the delivery of the goods”.
Article 1641 of the Civil Code: ‘The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lesser price for it, if he had known of them’.
Art. 1648 of the Civil Code: ‘An action arising from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity”.
The foregoing provisions are not exclusive of the application of the legal warranty for hidden defects of articles 1641 et seq. of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code.
The buyer may exercise these guarantees by sending his request to :
Bandax, 28 avenue du 19 mars 1962, 78370 PLAISIR
When the Buyer acts as a legal guarantee of conformity, he :
– will have a period of two years from the delivery of the good to act;
– will be able to choose between repair or replacement of the good subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– will not be required to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.
The guarantee of conformity will apply independently of the commercial guarantee granted.
The Buyer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Article 11

Intellectual property rights
The BANDAX Seller’s trademark appearing on the Goods, their accessories and packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. Under no circumstances may the Vendor be held directly or indirectly liable for the non-performance of the contract concluded or for any direct or indirect damage (including, without limitation, loss of data, loss of use, financial loss, impossibility to use the product ordered or its contents, …) due to an act of God or a case of force majeure such as, and without limitation, disasters, fire, floods, failure or breakdown of equipment, communication, internet or telecommunication networks, or due to the action of the customer. The products offered are in conformity with the French legislation in force. The Seller declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery. By accepting the present General Terms and Conditions of Sale, “the customer” declares that he or she complies with the legislation in force in the country from which he or she places an order (and to which he or she has products delivered) for the Vendor’s products and, in particular, all matters relating to copyright legislation. The Seller may under no circumstances be held liable for any damage that may result from the improper use of the products marketed by BANDAX used by the customer. BANDAX’s liability shall, in any event, be limited to the amount of the order.

Article 12

Data Confidentiality
The information requested from the Customer is necessary to process the Order. In the event that the Customer agrees to communicate individual data of a personal nature, he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law n° 78-17 of 6 January 1978 relating to data processing, data files and liberties. The Customer must send any written request to the following address:
BANDAX, 28 avenue du 19 mars 1962, 78370 PLAISIR.
At the time of the creation of its customer account on the Site, the Customer will have the possibility of choosing whether it wishes to receive offers from the Vendor and its partners.

Article 13

Force Majeure
The Seller’s performance of its obligations under this Agreement shall be suspended in the event of the occurrence of an act of God or force majeure which hinders or delays its performance.
The Seller shall notify the Customer of the occurrence of such fortuitous event or force majeure within fifteen days from the date of occurrence of the event.
If the Seller’s obligations continue to be suspended for a period of more than three months, the Customer may terminate the Order in progress and the Seller shall then refund the Order in accordance with the conditions set forth in Article 7.

Article 14

Nullity of a Clause of the Contract
If any of the provisions of this Contract were to be invalidated, such invalidity would not entail the invalidity of the other provisions of the Contract, which shall remain in force between the Parties.

Article 15

Amendment of the Contract
Any amendment, termination or abandonment of any of the clauses of this Contract shall be valid only after written and signed agreement between the Parties.

Article 16

Independence of the Parties
Neither Party may make any commitment in the name and/or on behalf of the other Party. Moreover, each Party shall remain solely responsible for its allegations, commitments, benefits, products and personnel.

Article 17

Non-waiver
The failure of either Party to avail itself of a commitment by the other Party to any of the obligations hereunder shall not be construed in the future as a waiver of the obligation in question.

Article 18

Notifications
All notifications to be made under this Contract shall be deemed to have been made if they are sent by registered letter with acknowledgement of receipt to the following addresses:
To the Seller: BANDAX, 28 avenue du 19 mars 1962, 78370 PLAISIR ;
To the Customer: address given at the time of purchase.

Article 19

Claims and amicable settlement of disputes
According to Article L. 612-1 of the Consumer Code, “Every consumer has the right to have recourse free of charge to a consumer mediator for the amicable termination of a dispute between him and a professional. ”
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are the disputes defined in Article L. 611-1 of the French Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
For any difficulty, we invite you to contact us beforehand or to contact our after-sales service:
BANDAX SAS
28 avenue du 19 mars 1962
78370 PLEASURE
06.50.50.17.47
contact@bandax.fr
Only claims relating to the Online Sale of the Articles will be taken into account.
In the year following your request to our services, in application of article R. 616-1 of the Consumer Code, you may have your request examined by a mediator, bearing in mind that a dispute may only be examined, save in exceptional cases, by a single mediator.

Article 20

Applicable law
This Agreement shall be governed by French law.

Article 21

Attribution of jurisdiction
Any dispute arising from the formation, interpretation or performance of this Agreement shall be subject to the exclusive jurisdiction of the competent French courts, notwithstanding plurality of defendants or third parties.