The company PADEL TOUCH, a limited liability company with capital of 1,000 euros, whose head office is located at avenue Abbé Edmé Mariotte 33260 LA TESTE-DE-BUCH, registered at RCS of Bordeaux under number 843 010 281
SIREN: 843 010 281 00015
Website address: www.padelreference.com
Telephone : 06 01 28 76 61
E-mail: contact@padeltouch.fr
Intracommunity VAT number: FR4843010281
This site has the subject of a declaration to the National Commission for Information Technology and Liberties (CNIL), under the number “AUTHORIZATION NUMBER”.
These General Conditions of Sale govern , without restriction or reservation, all relations between the company PADEL TOUCH (hereinafter, “the Seller”), and the people (hereinafter, the “Customer”) placing an order on the website accessible at 'address www.padelreference.com
The Seller's contact details are specified in Article 1 of the General Conditions of Sale.
These General Conditions of Sale apply to the exclusion of all others conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions are accessible at any time on padelreference.com and will prevail, where applicable, on any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the order procedure in online as well as the general conditions of use of the site padelreference.com. If the box provided for this purpose is not checked, the Customer will not be able to place an order.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.< br/>
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which entered into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of their personal data by writing, by mail and providing proof of their identity, to
PADEL TOUCHAvenue Abbé Edmé Mariotte33260 LA TESTE-DE-BUCH
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions.
By placing an order on padelreference .com, the Customer certifies being an adult, non-commercial natural person acting for his or her personal needs; he acknowledges having the full capacity to commit to these T&Cs when he carries out transactions on padelreference.com.
The Customer has the possibility of printing these T&Cs, subject to French law , or save them in PDF format by clicking here.
The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions.
Furthermore, non-application temporary or permanent of one or more clauses of the T&Cs by the company PADEL TOUCH cannot constitute a waiver on its part of the other clauses of the T&Cs which continue to produce their effects.
The products presented on padelreference.com are offered for sale for the following territories: in France and in Europe, only for member countries of the SCHENGEN area.
In the event of an order to a country other than mainland France, the Customer is the importer of the product(s) concerned.
For all products shipped outside the European Union and overseas territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
The Customer is required to read them before placing any order .
The choice and purchase of a product is the sole responsibility of the Customer.
The photographs and graphics presented on padelreference.com are not contractual and do not cannot engage the liability of the Seller.
The Customer is required to refer to the description of each product in order to know its essential properties and particularities. The products offered on padelreference.com comply with French legislation and the standards applicable in France. The products offered on padelreference.com are intended for use by individuals only. The Customer remains the sole judge of the conditions of compatibility of the product offer with its use and the complementary products already in its possession.
Product offers are understood within the limits of available stocks, such as specified when placing the order.
The Seller reserves the right to refuse to honor all or part of an order deemed abnormal in view of the quantities of products usually ordered by a consumer.
To place an order, the Customer must create an account or identify himself by indicating his e-mail address and password if he is already registered .
The Customer freely browses the site and can fill their virtual basket by indicating the selected products and the desired quantities.
When the Customer adds an item to their virtual basket , a pop-up window is displayed informing that the product has been added to the basket and summarizing the number of items included in this virtual basket.
The Customer has the choice to continue his purchases by clicking on the “Continue shopping” button or placing an order by clicking on the “Order” button.
The Customer then accesses a page allowing them to check the details of their order and its total price , delete the product or modify the quantity of items.
By clicking on the “order” button, the Customer accesses a page allowing him to choose his delivery and/or billing addresses . He can also leave a message about his order.
Then, by clicking on the “order” button, the Customer accesses a page allowing him to choose a delivery option as well as a packaging (recycled or gift wrap). The Customer also affirms having read the general conditions of sale submitted to him by checking the corresponding box.
Finally, by clicking on the “order” button, the Customer accesses a page allowing him to 'opt for a payment method, by bank transfer or check.
The Customer finalizes his order by clicking on the validation button.
The sale will not be considered as final only after sending to the Customer confirmation of acceptance of the order by the Seller by email and after receipt by the latter of the entire price. The Seller's confirmation email constitutes proof of the order.
It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors.
Any order placed on padelreference.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Customer will be able to follow the progress of their order on padelreference.com.
The Customer will be able to follow the progress of their order on padelreference.com. br/>
4.2. Information when ordering
The Customer is responsible for the completeness and conformity of the information (delivery address, collection point, bank details, delivery constraints, etc.) validated during the order.
4.3. Cancellation and refusal of order
The Seller is not intended to sell the products on padelreference.com to professionals, but only to consumers or non-professionals, for their needs personal.
The Seller reserves the right to cancel or refuse any order from a Customer for legitimate reasons and, more particularly, with whom there is a dispute relating to the payment of an order previous, or if the quantities of products ordered are abnormally high for buyers having the status of consumer.
4.4. Modification of the order
Any request for modification of the order by the Customer after confirmation of his order is subject to acceptance by the Seller.
4.5. Order tracking
By consulting the site padelreference.com, the Customer can follow the status of their order as soon as it is validated.
4.6. Availability of ordered products
Product offers are valid as long as they are visible on the site, while stocks last. Information relating to product availability on padelreference.com may exceptionally be erroneous or imprecise. If the products ordered are unavailable, the Seller immediately informs the Customer and can offer him a product of equivalent quality and price.
In the event of disagreement, the Customer is reimbursed at most late within fourteen (14) days of payment of the amounts paid.
These prices are firm and cannot be revised during their period of validity, as indicated on the website padelreference.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
They do not include the processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website padelreference.com and calculated before placing the order.
The The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon receipt of payment.
/>In the event of export outside the European Union, customs clearance costs and customs duties are the responsibility of the Customer in full.
The prices visible on the padelreference.com website are only valid for purchases online and cannot under any circumstances be required for an in-store purchase. Conversely, prices charged in store are not valid for online purchases.
In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the period. of promotion.
The price invoiced to the customer is the price indicated on the order confirmation sent by padelreference.com by email.
The price of the products is payable in cash on the day of the order by secure payment method, according to the following terms:
- payment by credit card, with the possibility of opting for payment in two installments free of charge;< br/>
- or payment by check, addressed to the following address: “Avenue Abbé Edmé Mariotte 33260 La Teste-de-Buche”;
- or payment by bank transfer on the bank account of the Seller (the details of which are communicated to the Customer when placing the order).
The price is payable in cash by the Customer, in full on the day the order is placed.
If paying by bank check, it must be issued by a bank domiciled in mainland France or Monaco.
The check is cashed upon receipt.
In the event of payment in several installments by credit card, the amount of the order will be debited under 30 days from validation of the order.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment cannot be invoiced to the Customer.
6.2. Payment security
The padelreference.com website has an online payment security system allowing the Customer to encrypt the transmission of banking data.
6.3. Payment incident
The Seller reserves the right, in the event of a payment incident, to demand payment, to suspend or cancel delivery of orders in progress. by the Customer.
In the event of a payment incident, any sum which turns out to be unpaid is productive, without prior notice, of interest at the legal rate, from the date of the order.
All products ordered on the site Padel Refernce.fr can be collected from relay points, in store or delivered to the Customer's home according to the prices, the terms and delivery areas in force on the site padelreference.com on the day of the order. In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Customer.
The Customer is responsible for checking the good accessibility of the delivery location with normal means of delivery (bulky products, etc.) padelreference.com makes the delivery according to the Customer's choice of delivery location (validated when ordering).
padelreference.com indicates to the Customer the date of availability at the collection point or in store or home delivery at the time of the order. The availability date of the order is confirmed by e-mail as soon as it is shipped.
padelreference.com informs by e-mail of any changes to the availability of orders.
7.2. Product shipping time
Any product available in stock in the Seller's warehouses is shipped within a maximum of 5 working days following validation of the order by the Seller, except contrary information mentioned on the product presentation sheet.
Any product in stock in the warehouses of the Seller's suppliers is shipped in accordance with the deadlines set on the product presentation sheet.
7.3. Collection in store or at a relay point
Orders are generally available for collection in store or at a relay point within 8 working days after confirmation of the order.
< br/>On an exceptional basis, taking into account transport requirements or constraints, the Seller may be required to modify the date initially planned for collection of the order. The Seller then informs the Customer by e-mail or by telephone of any changes to the availability of the ordered products.
The opening days and times of the relay points or the store are indicated in the order confirmation email.
The products are made available to the Customer for 14 calendar days at a relay point or in store.
When collected from a relay point or in store, the Customer must present an official document including their photo and attesting to their identity to avoid any risk of fraud. As soon as they are collected, the products belong to the Customer and are therefore under their responsibility.
7.4. Home delivery time
The home delivery time is specified on the product sheet at the time of the order and in the order confirmation email. It depends on the type of product ordered and delivery constraints.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines indicated in the e-mail from order confirmation. However, these deadlines are communicated for informational purposes only. However, if the products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled upon request. written by the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
7.5. Home delivery terms
Orders are delivered to the delivery address indicated by the Customer at the time of the order, free of charge in Metropolitan France from 100 € of purchase and at the Customer's expense in the rest of Europe.
Home delivery can only be made to the padelreference.com delivery areas specified at the time of the order.
In order to offer the best service, the Customer must give the Seller the most complete information possible (address, order number, delivery constraints, etc.).
In the event of absence , a delivery notice is left indicating the terms of collection of the order, and any re-delivery costs may be invoiced to the Customer.
7.6. Receipt of the order
During delivery or collection, the Customer has the obligation to check the condition of the package.
Any complaint delivery error must be made by the Customer to the Seller, on the same day of delivery or the first working day following delivery at the latest.
The Customer is required to check the condition of the products delivered . He has a "Deadline" from delivery to formulate "In writing (postal mail, e-mail, fax)" any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already open ...), with all the supporting documents relating thereto (photos in particular).
After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
In the event of non-compliance during delivery, the Customer must express reservations on the delivery note or refuse the goods. In the event of reservations, the Customer must send the Seller a duplicate of the delivery note, within three days following receipt, and notify these reservations to the carrier by registered letter with request for acknowledgment of receipt in accordance with article L. 133 -3 of the Commercial Code.
7.7. Product conformity
If the product does not conform to the order, the Customer must send a complaint to the Seller with a view to obtaining replacement of the product or possibly resolution of the problem. sale.
In the event of a delivery error on the part of the Seller, the return and reshipment costs will be borne by the Seller regardless of the delivery method chosen.
Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
The Consumer has a period of fourteen (14) days from receipt of the Product (in the event of delivery) or collection of the product (in store or at a relay point) to exercise your right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or refund , provided that the Products are returned in their original packaging and in perfect condition within fourteen days following notification to the Seller of the Customer's decision to withdraw.
The right of withdrawal may be exercised online, using the withdrawal form available on the website padelreference.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be returned. The return of products falls under the responsibility of the Customer, it is up to him to make the return by tracking and registered with declaration of the value of the product.
In accordance with article L. 221-23 of Consumer Code, “The consumer's liability can only be incurred in the event of depreciation of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods”.
< br/>If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer. The exchange (subject to availability) or refund will be made within fourteen (14) days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article. However, the Seller reserves the right to defer reimbursement until receipt of the goods in full.
Reimbursement is made using the same payment method as that used by the Customer.
If during his order, the Customer benefited from a promotional advantage, he will be reimbursed at the price he actually paid.
The Customer is informed that the reimbursement of Costs related to initial delivery will be made in proportion to the weight of the returned items. Thus, if the Customer returns all of the goods making up their order, they will be reimbursed for the entire initial delivery costs.
The Products sold on the website padelreference.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for apparently defective Products, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unsuitable for use, under the conditions and according to the modalities referred to in the box below.
It is recalled that within the framework of the legal guarantee of conformity as provided for by articles L. 217 -4 et seq. of the Consumer Code, the Customer:
- benefits from a period of two years from delivery of the good to take action against the Seller;
- can choose between repair or replacement of the Product ordered, subject to the cost conditions provided for by article L 217-9 of the Consumer Code;
- is exempt from provide proof of the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may potentially cover the Product.
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The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, by in writing, of the non-conformity of the Products within a maximum period of eight (8) calendar days from delivery of the Products or the existence of hidden defects within the deadlines referred to above and return or bring the defective Products to the store in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts deemed to be under warranty non-compliant or defective.
Shipping costs will be reimbursed on the basis of the price invoiced and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be carried out as soon as possible and at the latest within fourteen (14) days following the Seller's observation of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance of the on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of Non-compliant or defective products.
“Legal guarantee of conformity” (extract from the Consumer Code)
- Art. L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
- Art. L. 217-5: “The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or s it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
- Art. L. 217-12: “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
- Art. L217-16: “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any downtime period of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
“The guarantee of defects in the thing sold” (extract from the Civil Code)
- Art. 1641: “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 would have given only a lower price if he had known them. »
- Art. 1648 – paragraph 1: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
The processing of personal data, which is kept by the Seller for the sole purposes of proper administration of orders and commercial relations, is subject to a declaration to the Commission Nationale Informatique et Libertés.
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The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to the information concerning.
This right can be exercised under the conditions and according to the terms defined on the website padelreference.com.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the provision of Services to the Client. The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.
The Party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
The execution of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of thirty (30) days. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a duration of thirty (30) days from its occurrence, the parties may notify each other by registered mail with acknowledgment of receipt of the cancellation of the order without right to compensation on either side. .
These General Conditions of Sale are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies or with any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this regard, the Customer is informed that the Seller adheres to COMPLETE
At European level, Customers are invited to go to the following online dispute resolution platform : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chosseLanguage.
The customer, noting that a violation of the general regulation on protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection and Freedom Act of 1978, in order to obtain against the data controller or subcontractor, compensation before a civil or administrative court or before the National Commission for Information Technology and Liberties.
ANNEX I
- Withdrawal form
The This form must be completed and returned only if the Customer wishes to withdraw from the order placed on padelreference.com unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
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Attn:
PADEL TOUCH
Avenue Abbé Edmé Mariotte
33260 LA TESTE-DE-BUCH
I hereby notify the withdrawal of the contract relating to the order of the services below:< br/>
- Order of "Date"
- Order number: ....................... ...................................
- Customer Name: . .................................................. ........................
- Customer Address: ............. .................................................. ........
Signature of the Client (only in case of notification of this form on paper):