August 10th 2021 version.
Between the Sole Proprietor Company whose trade name is “Funk My Racket”, which is based in FRANCE at 9 Rue Félix Faure, 06440, Peille. Funk My Racket is registered in the NICE Trade and Companies Register, under SIRET number: 53992225200033. Hereinafter the "Seller" or the "Company" firstly, and the natural or legal person purchasing Items (table tennis accessories) from the Company, hereinafter, "the Buyer", or "the Customer" or "the Consumer" secondly. The following has been stated and agreed:
INTRODUCTION - The Company is a retailer of Items which are marketed through its website (https://www.int.funkmyracket.com) and which are intended for consumers. The list and description of the goods offered by the Company can be consulted on the aforementioned site.
Clause 1: Object - These General Terms of Sales, hereinafter “the Terms”, determine the rights and obligations of the parties in connection with the online sales of Items offered by the Seller.
Clause 2: General provisions - These Terms govern the sales of Items, made through the Company's website, and are an integral part of the Contract or Agreement between the Buyer and the Seller. They are fully applicable against the Buyer who accepts the Terms upon placing an order. The Seller reserves all rights to modify these Terms at any time by the publication of a newer version on its website. The applicable Terms are those in effect on the date of an order’s payment (or of the first payment in case of multiple payments). These Terms can be viewed on the Company's website at the following web URL: https://www.int.funkmyracket.com/sales-terms. The Company ensures that acceptance is clear and intentional, without reserves, by setting up a tick box and/or a validation click. Upon validating an order, the Customer acknowledges he/she has read and agreed to all Terms without restrictions or reservations and if applicable agrees to all Special Conditions of Sales linked to a specific Item. Special Conditions of Sales are clearly indicated on Item pages, they may include but are not limited to information such as special delivery delays. The Customer acknowledges to have received the necessary advice and information in order to ensure that items offered meet his or her needs. The Customer declares being personally able to enter a legal sales contract under French law. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
Clause 3: Price - All prices are in Euros (€) and precisely indicated on each Item description page. Prices are also indicated in Euros on order pages (excluding specific shipping costs). Items shipped outside the European Union have prices automatically calculated without tax. Local taxes or duties may be due in certain cases. All local taxes, fees or any other duties fall under the Buyer's responsibility. The Seller urges the Buyer to inquire about any possible fees with his/her local authority. The Seller reserves the right to modify its prices at any time. The Seller being a Sole Proprietor Company which under French law does not invoice VAT. All prices are VAT exempt (Article 293 B - CGI).
Clause 4: Validating the online contract - In accordance with the provisions of article 1127-1 of the French Civil Code, the Buyer must follow a series of steps to validate the contract electronically in order to be able to place an order: 1)essential Item characteristics; Item choice and if applicable, its options 2)Supplying the Buyer's essential contact details (identification, email, address, etc.); Agreeing to these Terms; verification of the order details and if necessary, correcting errors. 3)Following instructions for payment and delivery. The Buyer will receive an order confirmation and a payment receipt by email. Before validating an order, the Buyer has the possibility to check the order’s details and price. During the ordering process, the Buyer has the possibility to correct any errors or cancel the order. Validating an order effectively means entering into a legally binding contract with the Seller. Data archiving (all communication, order details, invoices) is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This data can be produced as contract proof. Item delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, the Customer agrees to provide correct identification details. All sales of Items are final; there are no refunds or cancellations except as may be required by applicable law or regulation and the Buyer waives any rights to be refunded any amounts which have been paid to the Seller in exchange for Items or to cancel any purchase. Notwithstanding the foregoing, the Seller reserves the right to refuse or cancel any orders, at any time in its sole discretion, without giving reasons.
Clause 5: Items - The essential characteristics of the Items and their respective prices are made available to the Buyer on the company's website, as well as, if applicable, the method of using the Item. In accordance with article L112-1 of the Consumer Code, the Consumer is informed, by way of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the Item is that which is indicated when the order is validated, it does not include the shipping costs invoiced in addition. These possible costs are indicated during the payment process, and in any event at the time of order confirmation. The Seller reserves the right to modify prices at any time, while guaranteeing the application of the price indicated at the time of the order. When Items are made to order (not delivered immediately), clear information is indicated on the Item’s web page. The Customer acknowledges having received detailed information concerning delivery cost, payment methods, delivery and contract execution, as well as detailed information relating to the seller’s identity, his postal, telephone and electronic contact details, and to its activities in the context of the sale. The Seller undertakes to fulfill the Customer's order within the limit of stocks of Items available. Otherwise, the Seller informs the Customer; and if the order has been placed, and failing to agree on a new delivery date, the Seller reimburses the Customer. The contractual information is presented in detail in English. The parties agree that illustrations or photos of the Items offered for sale have no contractual value. Unless specified otherwise, the rights granted hereunder are only granted to the natural person validating the order (or the person holding the communicated email address).
Clause 6: Compliance - In accordance with article L. 411-1 of the French Consumer Code, the Items offered for sale through these Terms meet the requirements in force related to safety and health, fairness of commercial transactions and consumer protection. The Seller remains liable for defects of conformity and hidden defects. In accordance with Article L. 217-4, the seller delivers goods in conformity with the Contract and is liable for defects of conformity existing upon delivery. The Seller is also liable for conformity defects resulting from the act of packaging. In accordance with the legal provisions in terms of compliance and hidden defects (art. 1641 c. Civ.), The Seller refunds or exchanges defective items (provided that the breakage does not result from abnormal use of the item) or does not correspond to the order. The Customer must inform the seller by email within 3 days of delivery. Refunds for non-compliant or defective items will be made as soon as possible, at the latest within 30 days of the Seller's acknowledgment of the defect. The reimbursement can be requested as follows: Contact us by email at firstname.lastname@example.org describing the issue and including a clear photo of the problem. Refund or replacement will be made after study of the request.
Clause 7: Retention of title clause - The Items remain the property of the Company until full payment of the price.
Clause 8: Delivery terms - Items shipped to international destinations (excluding France and Monaco) are shipped by Standard Postal Service with or without Tracking, depending on the option selected. The indicated delivery time varies according to destinations from D + 3 to D + 5 for Europe and D + 5 to D + 15 for countries outside Europe. Concerning Items originating from the USA, shipments are fulfilled by the United States Postal Service (USPS) using “First Class Package (International) with tracking”. Allow at least D + 7 as the delivery time for i.e. European destinations. Items originating out of Europe ship by standard post (National Postal Service of the country in question) with tracking. Delivery time D + 5 to D + 14 depending on the destination. Buyers wishing to have an order shipped by a courier such as DHL, UPS or FEDEX, please contact the Seller by email at email@example.com For packages in transit, delivery times depend solely on the Postal services and Customs. Transit time does not take into account the time taken to prepare orders. When orders are dispatched, emails indicating the status as well as tracking links are sent to Buyers. Once a package has been handed over to the carrier, all liability is henceforth transferred to said carrier; the Seller cannot be held responsible for malfunctions and / or loss package(s) while a package is under the carrier’s care. Any complaints must be made directly to the carrier. The Items are delivered to the address indicated by the Buyer upon ordering as “delivery address”. When a Buyer orders several Items at a time, said items may have different delivery times if dispatched using several packages. In the event of delayed delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L. 138-2 of the French Consumer Code. The Seller will reimburse the Buyer accordingly including outbound shipping costs under the conditions of Article L. 138-3 of the French Consumer Code. The Seller provides a telephone contact indicated in the order confirmation email. The Customer acknowledges that all liability (risk of loss or damage of Item(s)) is transferred to him/her upon taking physical possession of the Item(s). Duties and/or taxes may be locally due for Items sent internationally. Charges vary depending on the recipient's country. For example, Customers in the USA can expect no duties unless the order exceeds 800USD in value. Duties and/or taxes are the responsibility of the Item’s Buyer and he/she is responsible for any steps to be taken to receive a package from abroad according to the law applicable in his/her location. If you have any questions or require additional information about shipments, please contact the Seller by email: firstname.lastname@example.org
Clause 9: Availability and presentation - If an Item is unavailable for a period greater than 14 working days, Buyer will be immediately notified of the expected delivery time and the order of this Item may be canceled at Buyer’s discretion. The Buyer may request a credit note or a full refund. Pre-order items are not affected by this clause, their availability date being displayed on the product page of the site.
Clause 10: Payment - For credit and debit card payments; payment is due immediately upon order, including for pre-order Items. Cards must be international bank cards (Mastercard or Visa). Secure online payment by payment card is provided by our payment provider STRIPE. The information transmitted is encrypted accordingly and cannot be read during transmission over the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment given to pay by card is irrevocable. By communicating his bank information during the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately automatically resolved and the order canceled. Funk My Racket issues electronic invoices which act as original invoices as per articles 286 and 289 of the French General Tax Code. By accepting these Terms you agree to receive invoices in electronic format. Orders placed will only be considered valid and final after effective collection of the amounts due.
Clause 11: Withdrawal period - In accordance with the provisions of Article L. 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right to withdraw can be exercised by contacting the Company in the following manner: email at email@example.com. Customers are informed that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for Items for which a manufacturing or delivery process is in progress. If the right of withdrawal is exercised within the aforementioned period, the price of the item (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of Items must be made in their original condition and complete (packaging, accessories); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find the withdrawal form to be completed by clicking here. Refund procedure: reimbursement will be made after certification of the good condition and non-use of the Item, after its return to stock. The right of withdrawal does not apply on all made to order items i.e. Textile and Blades.
Clause 12: Guarantee - Regardless of any commercial warranty that may be granted to the consumer, Funk My Racket remains liable for any lack of conformity of the goods sold in accordance with Articles L. 217-3 to L. 217-4 of the French consumer code. Funk My Racket also remains bound by the legal guarantee for unseen defects under the conditions set out in Articles 1641 to 1648 of the French Civil Code, as well as in Article 2232 of the same code. As part of the legal guarantee of conformity, the consumer is informed that: he/she has a period of two years from the delivery of the item to act; he/she can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; he/she is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. The consumer is also informed that the legal guarantee of conformity applies independently of the commercial warranty possibly granted. Also the consumer can decide to implement the guarantee against the unseen defects of the item sold within the scope of Article 1641 of the French civil code and in this case, he/she can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French civil code. All requests must be sent by e-mail to: firstname.lastname@example.org
Clause 13: Intellectual property rights - The brands, domain names, items, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller except when mentioned otherwise. No transfer of intellectual property rights is made through these Terms. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Clause 14: Force majeure - The execution of the Seller's obligations hereunder is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Clause 15: Nullity and modification of the Terms - If one of the stipulations of these Terms is nullified, this would not result in the nullity of the other stipulations which remain in effect between Buyer and Seller. Sales amendments must be confirmed by email or in writing to be valid.
Clause 17: Complaints and mediation - The Consumer may submit a complaint by contacting the company using the following contact details: email@example.com in accordance with the provisions of Articles. L. 611-1 to L. 616-3 of the french Consumer Code. In the event of failure to submit a claim to the Seller's customer service, or in the absence of a response from the Seller within two months, the Consumer may submit the dispute to a consumer mediator who will attempt to bring the parties together independently with a view to obtaining an amicable solution, under the conditions provided for in Title I of Book VI of the French Consumer Code.
Clause 18: Applicable law - Buyer and Seller irrevocably agree that the French courts, arbitrators or mediators of the Alpes-Maritimes shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with these Terms or any sales based on these Terms, including any question regarding its existence, validity, formation or termination. For these purposes, Buyer and Seller irrevocably submit to the jurisdiction of the French Alpes-Maritimes courts, arbitrators or mediators.
Clause 19: Clauses - The nullity of a contractual clause does not invalidate these Terms of Sales.
Clause 20: Consumer information - as required by French law, provisions of the French Civil Code and the French Consumer Code are reproduced below: Article 1641 du Code civil : Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus. Article 1648 du Code civil : L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. Dans le cas prévu par l’article 1642-1, l’action doit être introduite, à peine de forclusion, dans l’année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité apparents. Article L. 217-4 du Code de la consommation : Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. Article L. 217-5 du Code de la consommation : Le bien est conforme au contrat : 1° S’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant : – s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ; – s’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ; 2° Ou s’il présente les caractéristiques définies d’un commun accord par les parties ou est propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté. Article L. 217-12 du Code de la consommation : L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. Article L. 217-16 du Code de la consommation : Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention.