The present general terms of sale (below mentioned "general terms of sale") are concluded between:
On one hand persons or institutions wishing to make a purchase via the seller SPORTLAND AMERICAN, below mentioned " the Buyer ".
1 - ARTICLE 1: OBJECT AND SCOPE
The present general terms of sale aim at defining the methods of sale between SPORTLAND AMERICAN and the Buyer.
They apply to all the sales of products proposed on the site of SPORTLAND AMERICAN, that the order was spent by telephone, by fax, by mail mail, by e-mail or by Internet.
Any order on the web site of SPORTLAND AMERICAN supposes inevitably the apprehension by the Buyer, the present general terms of sale, before the order, and the acceptance of their entire contents by the Buyer. The acceptance of these general terms of sale comes into effect during the validation of your order.
The applicable general terms of sale are the ones current in the day of the validation of the order by the Buyer.
SPORTLAND AMERICAN reserves the right to modify at any time and without advance notice general terms of sale, modifications being then applicable to any orders later than this modification.
2 - ARTICLE 2: GEOGRAPHIC COVERAGE OF THE OFFER
The on-line sold products presented on the site of SPORTLAND AMERICAN are delivered in Metropolitan France, Corsica and Monaco (with the exception of FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES), as well as in The European Union, the Swiss and Norway. Products can be delivered in everything countries but postal charges will be different.
3 - ARTICLE 3: CONDITIONS TO MAKE A ORDER
The Buyer has to have the legal capacity or be a holder of a parental consent allowing him to make a order on the web site of SPORTLAND AMERICAN.
4 - ARTICLE 4: PROCEDURES AND METHODS OF ORDER
The Buyer can realize its www.sportlandamerican.com order on the Internet via the site.
During the Internet order, the Buyer agrees to supply the information which are asked him (opening of its customer account(account receivable) during the first order and the order form for every order) and makes a commitment on the truthfulness of the latter.
The data communicated by the Buyer and registered by SPORTLAND AMERICAN during the order constitute the proof of the transactions between SPORTLAND AMERICAN and the Buyer
Sends it of the order form constitute the confirmation of the order of the Buyer, and constitutes an electronic signature of the same value as a handwritten signature. it will be worth irrevocable acceptance of General terms of sale.
The conclusion of the contract will be effective only after sending of an e-mail of confirmation of the recording of the order by SPORTLAND AMERICAN.
5 - ARTICLE 5: PRODUCTS AND AVAILABILITY
Products proposed in the sale by SPORTLAND AMERICAN are the ones which represent on the site in the day some consultation by the User and while stocks last. For lack of availability of the product, SPORTLAND AMERICAN makes a commitment to inform as quickly as possible the Buyer about it.
In case of unavailability of a ordered and paid product, the Buyer will be informed about it as quickly as possible by e-mail. The cancellation of the order of this product and its refund will then be made, the rest of the order remaining firm and definitive.
Products proposed in the sale are described and presented with the biggest possible accuracy. However, if errors or omissions were able to occur as for this presentation, the responsibility of SPORTLAND AMERICAN could not be committed.
Photos and texts illustrating products are not contractual.
6 - ARTICLE 6: PRICE, PAYMENT AND CUSTOMS FORMALITIES
Prices of our products are indicated in euros any included French taxes, and are firm and definitive.
They do not include the shipment charges and other expenses of treatment bound with order by the Buyer charged in supplement and indicated before the validation of the order of the Buyer.
SPORTLAND AMERICAN reserves the right to modify its prices at any time without advance notice. Products will be charged to the Buyer on the basis of price lists registered at the time of the validation of the order.
The formalities of import, the customs duties and the possible taxes, bound to the delivery of an article except the European Union, are in the responsibility and are of the exclusive responsibility of the Buyer. They must be acquitted with the competent authorities of the country of delivery. The Buyer is the only responsible one for the check of the possibilities of import of products ordered with regard to the law of the country of delivery. SPORTLAND AMERICAN does not have to verify and to inform the Buyer of the customs duties and the applicable taxes. To know them, SPORTLAND AMERICAN advises to the Buyer to inquire with the competent authorities of its country.
The payment of the totality of the price is due with order by the Buyer who makes a commitment to adjust the price stipulated for one or several items ordered including the price of articles, as well as the postal charges and other expenses of treatment of the order.
Payments by Paypal, bank card or by check are accepted.
In any case, SPORTLAND AMERICAN reserves the right to refuse any order or any delivery in case of dispute existing with the Buyer, of total or partial nonpayment of a previous order by the Buyer, a refusal of authorization of credit card payment of the banking bodies, the nonpayment or the partial payment.
The responsibility of SPORTLAND AMERICAN can be then on no account hired as such.
Within the framework of the fight against the frauds on the Internet, SPORTLAND AMERICAN reserves the right to ask for a photocopy of the ID card and the proof of address, for any payment.
In case of return of the product in its home state, SPORTLAND AMERICAN makes repayment to have, if there is.
SPORTLAND AMERICAN operates all the necessary means to assure the security and the privacy of data passed on on the www.sportlandamerican.com site which the on-line payment by paypal.
A supplement for postal charges on orders club can be to charge.
7 - ARTICLE 7: NON-PAYMENT AND PROPERTY RESERVE
The ordered products remain the property of SPORTLAND AMERICAN up to the definitive and complete payment of their price, postal charges and included taxes.
In case of non-payment, the Buyer has to restore the goods concerned to SPORTLAND AMERICAN, fresh(cool) on returning to his responsibility, at the risk of legal proceedings.
Any attempt of fraudulent use of a means of payment will also be the object of legal proceedings.
8 - ARTICLE 8: AVAILABILITY AND DELIVERY
Products proposed by SPORTLAND AMERICAN are valid as long as they are visible on the site while stocks last.
In the eventuality of an unavailability of product after signing of the order, SPORTLAND AMERICAN makes a commitment to inform the Buyer about it by e-mail from reception of the information as soon as possible. The order will automatically be cancelled and the immediately paid off Buyer if its account was sold. The repayment will be made directly on the bank account of the Buyer at the latest in the fortnight as from the payment of the sums paid by the Buyer.
Products are delivered to the delivery address mentioned during the process of order in the mentioned in the article destinations 3 above.
In case of error in the description of address and phone number SPORTLAND AMERICAN could not be held responsible of the impossibility of delivery. In this case expenses hired for a new delivery will be chargeable to the Buyer and charged to their real cost.
SPORTLAND AMERICAN makes a commitment to make the delivery of articles ordered as soon as possible according to the chosen mode of delivery. In case of delay in delivery, the Buyer can ask for the resolution of the sale in the conditions planned by the article L114-1 of the Code of the Consumption.
In case of unusual delay, an e-mail will be sent to the Buyer
In the case the delay in delivery would be attributable to the Buyer, in particular in the case or the Buyer would not be available to receive his delivery, the provisions of the article L114-1 of the code of the Consumption will not be applicable.
The delivery is considered made from the delivery of the product for the Buyer.
The delivery note put back by the carrier, dated and signed by the Buyer during the delivery of the order will constitute a proof regarding transport and regarding delivery.
Check of the state of the parcel during the delivery.
SPORTLAND AMERICAN recommends to the Buyer to verify during the delivery and in the presence of the carrier the contents, the conformity and the state of or parcel. In the hypothesis where the Buyer would have any doubt of whatever nature on the state or the contents of his parcel, he will have to verify the state of the received(successful) goods and emit(utter) precise, dated and signed handwritten reserves. The check of the delivered parcel is considered made and cannot be any more the object of challenges, since the Buyer or every person authorized to receive the parcel signed the delivery slip. It is up to the Buyer to exercise any appeal(recourse) with the carrier by registered letter with recorded delivery in three ( 3 ) working days following the reception and to send a copy to SPORTLAND AMERICAN.
The responsibility of SPORTLAND AMERICAN could not be questioned on no account.
If a delay in delivery arises, or that parcel are misled by the carriers, the Buyer has to warn of it by e-mail SPORTLAND AMERICAN at the following address: www.sportlandamerican.com in ten ( 10 ) days following the reception by e-mail of the confirmation of order. Although the responsibility of SPORTLAND AMERICAN cannot be committed(hired), we shall try hard to make apply the capacities of insurance planned by the concerned carrier. In case of strike of a carrier, SPORTLAND AMERICAN will inform the Buyer by e-mail, the possible delay in delivery if the parcel was sent, or will find another means of routing if the parcel is in the course of shipping.
Withdrawal in case of absence
In case of absence of the addressee during the delivery, the carrier will put down a calling card in the delivery address indicated by the Buyer. The order must be removed from the address and according to the modalities indicated by the carrier.
In case of no-withdrawal within the time limits allowed by the carrier, the command order will have returned to SPORTLAND AMERICAN, who reserves the right to pay off the price it, the postal charges staying chargeable to the Buyer.
9 - ARTICLE 9: RETRACTION
According to the article L121-16 of the code of the consumption, the Buyer has a deadline of 30 working days as from the delivery of his order, to exercise his right to withdraw without having to prove motives.
However promotional items or settled are neither taken back nor exchanged.The fixed expenses of preparation and shipping of the order as well as the expenses of return are chargeable to the Buyer. If the buyer asks for a rembourssement postal charges will be charge to the buyer and thus deducted from the initial amount.For an exchange or a rembourssement The expenses of returns will be charge to the real price of the sending. 1€ for the packaging will be also to charge necessarily.
For the reimbursement of expenses of returns click here: http: // www.sportlandamerican.com/fr/content/8-retours-echanges-sous-30-jours-ou-rembo ursements?
According to the general terms of sale of SPORTLAND AMERICAN, only articles returned to their original packing (shoe box, plasticized dress handkerchiefs) will be accepted. As a consequence, the returns of washed and/or carried clothes, as well as the damaged boxes will be refused. All mouthguard on a return are refused
It will be up to the Buyer to keep any proof of return, what supposes that articles returned by registered mail or by any other way giving certain date to this sending. The expenses of return are chargeable to the Buyer and he is free to choose the type of sending. In case of error of delivery, SPORTLAND AMERICAN will take care of expenses on returning to height of the amount mentioned on the proof of deposit which the Buyer will send us by fax or by e-mail.
The Buyer will necessarily have to make register his request of return with the customer service SPORTLAND AMERICAN to sending an e-mail. Our customer service, for returns, is reachable, either by email at the address firstname.lastname@example.org, or by telephone, from tuesday to saturday of 10:00 am at 7:00pm
the goods must have returned to the following address: SPORTLAND AMERICAN, 6 Rue Euclide, 33700 Mérignac with indication of the number of return on the parcel. In case of use of the right to withdraw for a part only of the order, only the price charged on the returned products will be paid off. In case of partial retraction of the order, the Buyer who would have benefited during the initial order of the free access wantonness of the delivery because of an overtaking of certain amount of order can see re-charging the expenses of delivery corresponding to his effective order, if the latter passed under the threshold of free access of the delivery
Every risk bound on the return to the order is chargeable to the Buyer.SPORTLAND AMERICAN will pay off the Buyer to have as soon as possible and at the latest in the next ten days the date of retraction, under the condition that products are well received in the warehouses of our e-logistician and corresponding in their home state.
10 - ARTICLE 10: GUARANTEE OF CONFORMITY
SPORTLAND AMERICAN makes a commitment to pay off or to exchange according to available stocks all the products which could be damaged or defective, subject to a normal use and in compliance with the recommendations of interview of the suppliers.
In this case, the Buyer has to state it in a way detailed by e-mail (via the form of present contact on the www.sportlandamerican.com site), and return the product according to the procedure of return planned in the article 9 of the present general terms of sale.
SPORTLAND AMERICAN will proceed, in the choice of the Buyer, in the exchange or in the repayment of the product. The request must be made in seven working days following the delivery. Any complaint formulated outside this deadline cannot be accepted.
The expenses of sending and of return will be paid off to the Buyer. Any repayment will be assured as soon as possible and at the latest in the next ten days the date of reception of products by SPORTLAND AMERICAN in the warehouses of his e-logistician. The repayment will be made in the billing address registered during the signing of order by the Buyer.
In any case, the Buyer benefits from capacities of the legal guarantee in particular those relative to the guarantee of the latent defects.
Not contractual photo on certain article, for it it is necessary to réferencer on the description of products for the size and the color.
11 - ARTICLE 11: PROPERTY RESERVE
Any order remains the property of SPORTLAND AMERICAN up to the definitive and complete payment of the latter by the Buyer.
The transfer of responsibility to the Buyer is actual from the delivery of the parcel by SPORTLAND AMERICAN for the carrier.
12 - ARTICLE 12: LAW " COMPUTING AND LIBERTIES "
The information asked by SPORTLAND AMERICAN is essential to the management of the order of the Buyer. According to the law " computing and liberties " of January 6th, 1978, the treatment of this name specific information is the object of a statement simplified with the National Committee of the Computing and with the Liberties (CNIL).
The Buyer has so at any time a right of access, modification, rectification and abolition of the data concerning him with SPORTLAND AMERICAN. He can exercise it by sending his request by e-mail in email@example.com or by phone.
According to the selection made by the Buyer during the creation or during the modification of his account, he may receive information and sales offers of SPORTLAND AMERICAN and/or other companies.
The buyer can decide at any time not to receive any more this information and sales offers of SPORTLAND AMERICAN and/or the other companies, by specifying his request by e-mail in firstname.lastname@example.org.
Certain web pages of the site can sometimes contain electronic images or " Web beacons ", which allow to count the number of visitors of the page. These Web beacons can be used with some of our partners, in particular to measure and improve the efficiency of certain advertisements.
In any case, the information obtained via these beacons is strictly anonymous and allow simply to gatherstatistics on the company of certain pages of the site, to serve better the users of our site.
13 - ARTICLE 13: INTELLECTUAL PROPERTY
All the data texts, photos, comments, works, illustrations and images reproduced on the www.sportlandamerican.com site, are his property. Consequently, it is formally forbidden to reproduce them, to download them, to copy them, or to exploit them even partially, for commercial purposes and it all over the world except preliminary agreement of SPORTLAND AMERICAN.
The user who has a web site in a private capacity and who wishes to place, for a personal use, on its site a simple link sending back directly to the home page of the Site, necessarily has to ask for the authorization SPORTLAND AMERICAN.
On the other hand, any hypertext link sending back to the Site and using the technique of the framing or of in - linelinking is formally forbidden.
In every case, any link, even tacitly authorized, must be removed on simple request of SPORTLAND AMERICAN.
Hypertext links can send back towards other sites that the site. SPORTLAND AMERICAN clears any responsibility in case the contents of these sites would violate the current laws and regulations.