Terms of Sales
The company EDELI SPORTS (hereinafter “ EDELI SPORTS ”), a simplified joint stock company, with share capital of 200,000.00 euros, registered in the LYON Trade and Companies Register under number 951 706 753 with its head office located at 21 chemin des Molières - 69210 LENTILLY, publishes a Website accessible at the address edelisports.com, hosted by the company Shopify.
The purpose of these General Conditions of Sale (hereinafter General Conditions ) is, on the one hand, to inform any potential buyer (hereinafter the “ Customer ”) on the conditions and terms in which the seller (hereinafter the company “ EDELI SPORTS ”) carries out the sale and delivery of the Products Ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by the company EDELI SPORTS to the Customer.
The General Conditions of Sale in force are accessible and printable at any time via a direct link on the home page of the Website edelisports.com .
The General Conditions of Sale apply, without restriction or reservation, to all sales concluded between EDELI SPORTS and any Customer defined as a consumer and/or non-professional within the meaning of the preliminary article of the Consumer Code.
Consequently, the fact for the Customer of ordering a Product offered for sale on the Website implies full acceptance of these General Conditions of Sale of which the Customer acknowledges having read prior to his Order.
The company EDELI SPORTS may modify these General Conditions at any time for the future.
However, these changes will not apply to orders finalized before these changes.
Customers declare that they are of legal age and fully capable of contracting.
The Products are offered for distance selling in the following European countries: Germany, Austria, Belgium, Spain, Metropolitan France, Italy, Luxembourg, Netherlands and Portugal.
To place an Order or Pre-Order, the Customer must select the Products he wishes to purchase and click on the “ Add to cart ” button.
He can access said basket at any time, as long as his Order or Pre-Order is not definitively recorded by Payment and can correct any errors in the elements entered.
EDELI SPORTS manufactures some of its Products at the request of its Customers during Pre-Order campaigns.
EDELI SPORTS will indicate as far as possible on its Website the duration of the Pre-Order campaign, the volume sales objective linked to the Pre-Order campaign and the target date for the start of delivery of Pre-Orders.
Any Order or Pre-order is confirmed when the Customer clicks on the “ Place my order ” button
Confirmation of the Order or Pre-Order implies acceptance by the Customer of these General Conditions of Sale, as well as the General Conditions of use and the essential characteristics of the Products, without prejudice to the specific contractual conditions concluded between the Parties.
Purchasing a Product on the Website does not require the creation of a Customer Account.
However, in the event of a purchase without a Customer Account, in “Visitor” mode, the Customer must at least provide:
- His/her last name, first name and title;
- Their email address;
- Its postal address and delivery address if this is different.
In the event of a purchase with a Customer Account, the above-mentioned information will have already been recorded and may be reused or modified.
The Products offered for sale are those described on the Website on the day the Customer consults the Website, within the limits of available stocks.
Information relating to the availability of Products is updated as quickly as possible by EDELI SPORTS.
However, an error in the update, whatever the origin, does not engage the responsibility of EDELI SPORTS.
As such, EDELI SPORTS cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.
If stocks are exhausted, the Customer may possibly request that an alert be sent to him by EDELI SPORTS to his email address to notify him of new availability of the Products.
EDELI SPORTS strives to make the presentation and description of its Products as informative and satisfactory for its Customers as possible.
However, it is possible that errors appear on the Website, which the Customer acknowledges and accepts.
The Customer also acknowledges that the photographs or descriptions of the Products offered for sale are not contractual and are present on the Website exclusively for information purposes.
These elements do not engage the responsibility of EDELI SPORTS.
The sales prices of the Products offered on the Website are indicated in euros and “All Tax Included”.
The selling prices of the Products on the Website are those in effect at the time the Order/Pre-order is placed by the Customer.
Prices are applicable in the context of distance selling.
The prices do not include shipping costs, invoiced in addition to the price of the Products purchased. Shipping costs are indicated before confirmation of the Order/Pre-order by the Customer.
They will depend on the delivery methods chosen by the Customer and the country of delivery.
EDELI SPORTS may modify its prices at any time.
However, it will invoice the Products ordered at the price indicated when validating the registration of the Order or Pre-order.
The Customer guarantees to the company EDELI SPORTS that he has the necessary authorisations to use the payment method he has chosen for his Order or Pre-Order, when registering it.
Only Payment of the Order or Pre-Order allows its definitive registration.
The Price of Orders/Pre-orders (including mandatory contributions and delivery costs) is therefore payable in cash and in full when the Order or Pre-order is placed by the Customer by bank card or any other means of payment which could possibly be offered on the Website.
If a bank card or other payment method suspected of belonging to a third party is provided by a Customer on the Website, the latter may be required to provide additional proof that these payment methods belong to them.
The Customer will bear any bank charges (including in the case of a refund).
At the end of the Order/Pre-Order finalisation, EDELI SPORTS sends an email to the Customer including:
- A confirmation thereof;
- A summary of its elements;
- An estimated delivery time;
- A hypertext link expressly referring to the General Conditions of Sale in force at the time of the Order/Pre-order.
In the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website, including the occasion of previous Orders/Pre-orders, EDELI SPORTS reserves the right to suspend or cancel any execution of an Order/Pre-order and/or delivery, whatever its nature and level of execution.
Delivery of the Products is made to the address provided by the Customer when ordering/pre-ordering.
Deliveries are made to the countries mentioned in article 3.
Products ordered and available in stock will be shipped from EDELI SPORTS premises within one or two working days, excluding postal delivery problems and more generally events not under the control of EDELI SPORTS (strike, bad weather, etc.), from the date of confirmation of the Order.
Delivery of the Products will be made as soon as possible and at the latest, within 30 days of Payment.
When the package is delivered to the carrier, EDELI SPORTS will send an email including the Order number and the tracking number of the package to the Customer.
Any Delivery made outside mainland France may be subject to different shipping costs depending on the country of destination of the Order and the delivery method chosen.
EDELI SPORTS relies for its international deliveries on a network of international postal services and/or on one of the local postal services of the country of destination.
In any case, the amount of delivery costs is indicated to the Customer and validated by him before any confirmation of the Order or Pre-order.
The Delivery times indicated to the Customer are for information purposes only, taking into account the delivery times communicated by the transport company.
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EDELI SPORTS declines all responsibility in the event of an extended delivery time due to postal services or the carrier before shipment, blockage or bad weather. |
In accordance with the provisions of articles L.221-18 et seq. of the Consumer Code, the Customer has a right of withdrawal which he can exercise without reason within 30 days (thirty days) from the date of Delivery of ordered Products. Withdrawal form.
In the case of an Order for several Products delivered separately or in the case of an Order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last Product or batch or of the last piece.
The right of withdrawal is exercised without penalty.
The return of the Products is the responsibility of the Customer, except in the event of an error on the EDELI SPORTS Order.
To exercise his right of withdrawal, the Customer will use the return voucher issued by EDELI SPORTS when registering the withdrawal of his Order.
The Products must be in a condition allowing them to be put back on the market in new condition (unworn, complete, clean).
The Customer will have 30 working days (thirty days) from receipt of the return slip to send the returned Products.
This return will be made to the following address:
Company EDELI SPORTS
21 chemin des Molières
69210 LENTILLY
FRANCE
After having received and verified the condition of the Products, EDELI SPORTS will reimburse the totality of the sums paid, including the initial delivery costs, as soon as possible and at the latest within 14 days (fourteen days) from the date of receipt of the returned Products.
EDELI SPORTS will not be required to reimburse additional costs if the Customer has expressly chosen a more expensive express delivery method than the standard delivery method offered.
When the Customer exercises his right of withdrawal on only part of the Products Ordered, the delivery costs will not be refunded.
The Customer's reimbursement will be made using the same means of payment as that used for the initial transaction.
If this payment method has expired, the Customer must contact customer service at contact@edelisports.com to modify the reimbursement method. EDELI SPORTS cannot be held responsible for the delay in reimbursement.
4.6.Transfer of ownership and risks
EDELI SPORTS retains full and complete ownership of the Products sold until full payment of the price , in principal, fees, taxes and mandatory contributions included.
In accordance with the provisions of Article L. 216-2 of the Consumer Code in France, any risk of loss or damage to the Products is transferred to the Customer at the moment when the latter or a third party designated by him takes physical possession of them.
The Customer has a period of seven (7) days from receipt of his Order to inform EDELI SPORTS:
- That the delivered package has been opened or damaged;
- That some or all of the Products Ordered have not been received;
- That one or more Products received present non-conformities or apparent defects.
He must then provide the necessary supporting documents to EDELI SPORTS (photographs or any other document that EDELI SPORTS considers useful).
If the supporting documents are sufficient to duly prove the alleged disorders, EDELI SPORTS will either reimburse the Products concerned or re-ship them.
After this period of seven (7) days , the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by EDELI SPORTS.
5.1.Legal guarantee of conformity
The Products sold by EDELI SPORTS via its Website benefit from the legal guarantee of conformity as defined in articles L.217-1 et seq. of the Consumer Code in France.
Article L217–3 of the Consumer Code provides:
“ The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5.
He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery. »
Article L.217–4 of the Consumer Code provides :
“ The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.”
Article L.217-5 states that:
“I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or
3° That the public statements could not have had any influence on the purchasing decision.
III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, deviation to which he has expressly and separately agreed upon upon conclusion of the contract. »
The Customer has a period of two (2) years from Delivery of the Products to exercise the legal guarantee of conformity if he notices a lack of conformity within the meaning of articles L.217-4 and L.217-5 of the Consumer Code.
The request must be sent either by post to the address: 21 chemin des Molières - 69210 LENTILLY, FRANCE or by email: contact@edelisports.com.
When the legal guarantee of conformity is implemented, in accordance with articles L. 217-8 to L. 217-10 of the Consumer Code, EDELI SPORTS undertakes:
- to repair the Product or replace it with an identical product depending on available stocks, at the Customer's choice, unless this choice results in a manifestly disproportionate cost for EDELI SPORTS with regard to the other method, taking into account the value of the Product or the importance of the defect;
OR
- to reimburse the price of the Product if the repair and replacement of a Product proves impossible, or if the replacement or repair, as the case may be, presents a major inconvenience for the Customer, or if the replacement or repair, as the case may be, cannot be implemented within one month of the Customer's request.
The compliance of the Product will take place within a reasonable period which cannot be more than thirty days following the Customer's request.
The Products sold by EDELI SPORTS via its Website also benefit from the guarantee against hidden defects as defined in articles 1641 et seq. of the Civil Code in France.
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Article 1641 of the Civil Code provides:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
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The Customer has a period of two (2) years from the discovery of the Product defect to exercise the legal guarantee against hidden defects if he notices a hidden defect within the meaning of article 1641 of the Civil Code.
The request must be sent either by post to the address: 21 chemin des Molières - 69210 LENTILLY, FRANCE or by email: contact@edelisports.com.
When the guarantee against hidden defects is implemented, EDELI SPORTS undertakes, according to the Customer's choice and after assessing the defect:
- to reimburse him for the entire price of the Product;
Or
- to reimburse part of the price of the Product if the Customer decides to keep it.
The Customer is reminded that the legal guarantees of conformity and against hidden defects are not mutually exclusive, nor do they deprive the Customer of his right of withdrawal defined in article 4.5 hereof.
In the event of the occurrence of a force majeure event preventing the execution of the Order or these General Conditions, the Customer is informed that EDELI SPORTS cannot be held liable.
As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1218 of the Civil Code in France.
EDELI SPORTS collects personal data in the context of this Website and the distance selling of its Products.
To find out more about EDELI SPORTS' practices regarding the collection, use and communication of personal data as well as the provisions relating to the exercise of their rights, Customers are invited to refer to the General Conditions of Use of the Website, which details its confidentiality policy.
If one or more provisions of this act were to be declared null, this nullity will not affect the other provisions of these General Conditions of Sale.
Any request or complaint relating to these General Conditions of Sale must be sent to the company EDELI SPORTS by email to the address: contact@edelisports.com.
4. APPLICABLE LAW AND COMPETENT JURISDICTION
Any order or Pre-order will be subject to French law regardless of the Customer's country of residence and the place where the Order is placed.
Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between EDELI SPORTS and the Client, even in the event of multiple defendants, will, in the absence of amicable agreement, be the exclusive jurisdiction of the competent French courts in application of the rules laid down by the Code of Civil Procedure.
5. CUSTOMER SERVICE - MEDIATION
For any questions or complaints relating to an Order or any additional information, EDELI SPORTS customer service can be reached from France, under the conditions indicated in the “Contact” section of the Website, by email at the address contact@edelisports.com or by post to the address 21 chemin des Molières - 69210 LENTILLY, FRANCE.
Furthermore, in accordance with L.211-3 of the Consumer Code in France, the Customer is informed of the possibility of resorting, in the event of a dispute, to a consumer mediation procedure.