TALLY JUMP SAS 1 impasse Michel de Montaigne 31560 NAILLOUX France
RCS 839 061 033 R.C.S. Toulouse
(hereafter the “Seller“).
The Seller’s activity is the design and sale of connected objects allowing to measure the user’s sports performances and ensures in particular the marketing of TALLY JUMP products through the www.tallyjump.com website and any other website marketing TALLY JUMP products (hereafter the “Site“).
The present general terms of sale (hereafter the “GTC”) apply to online sales made on the Site by the company TALLY JUMP directly to end users (hereafter the “Customer”), excluding TALLY JUMP products purchased in stores or on sites via intermediaries, retailers or wholesalers.
The purpose of the T&Cs is to define the rights and obligations of the Seller and the Customer in the context of the online sale of TALLY JUMP products offered for sale by the Seller to the Customer via the Site or any other Internet site marketing TALLY JUMP products (marketplaces) to Customers.
The relationship between the Seller and the Customer will be exclusively governed by these Terms and Conditions of Sale, to the exclusion of any conditions previously available on the Seller’s website.
The Seller reserves the right to modify these GTC at any time by publishing a new version on the Site. The GCS are those in force at the date of validation of the order.
1.SCOPE OF APPLICATION
The General Terms and Conditions of Sale are reserved exclusively for consumers, as defined by law and case law, acting exclusively on their own behalf.
The Customer receives the information provided for in Articles L. 121-8 and L. 121-19 of the French Consumer Code, before and after the conclusion of the sale and in particular by means of the GCS.
The GCS are applicable to all sales of TALLY JUMP products by the Seller through the Site.
In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of TALLY JUMP products sold electronically are available on the Site.
To place an order, the Customer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the “Order” button and provides the information relating to the delivery and the method of payment.
Before clicking on the “Confirm Order” button, the Customer has the opportunity to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
The Customer declares that he has read the GCS before validating the order within the meaning of Article 2. The validation of the order, by ticking the appropriate box, is therefore an acceptance without restriction or reservation of the GCS.
The Customer is required to check in the order forms that all information relevant to delivery is correct.
After validation of the payment by the Customer, you will receive an e-mail confirming that your order has been taken into account.
The Customer shall then receive by electronic means and without delay a confirmation of acceptance of payment of the Order. The Customer also receives electronically and without delay an acknowledgement of receipt validating confirmation of the Order.
However, in accordance with Article L. 122-1 of the French Consumer Code, the Vendor 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 the payment of a previous Order.
Before processing and shipping the order, the Customer has the possibility to contact the Vendor via the e-mail address email@example.com to correct any errors made when entering the order.
The Vendor shall not be liable for any costs that may be incurred in the event of a change in the order (delivery error, product returns, etc.). The Customer has a right of retraction provided for in article 6.
3.PRICES AND DELIVERY COSTS
The sales prices, in accordance with Article L. 113-3 of the Consumer Code, are indicated, for each of the products appearing on the Site, in euros, all taxes included, excluding delivery and transport costs.
Delivery and transport costs will be mentioned before validation of the order and will be invoiced in addition.
The total amount due by the Customer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the promotional period.
4.TERMS OF PAYMENT
The payment of the price of the order by the Customer is made only by credit card and PayPal.
5.DELIVERY OF THE ORDER
The Customer chooses a delivery address, under penalty of refusal of the order. The delivery of the order will take place at the delivery address indicated by the Customer at the time of the order.
The Vendor undertakes, in accordance with the delivery deadline indicated on the Site for each of the products, to deliver the products within the time limits specified in the confirmation e-mail received after the order.
The Seller undertakes to fulfill the Order only within the limit of available stocks of TALLY JUMP products. In the absence of availability of these products, the Vendor undertakes to inform the Customer as soon as possible and to offer a refund or any product of equivalent quality or price.
6.RIGHT OF RETURN
In accordance with the legal provisions, within 14 days following receipt of the order, the Customer has a right of withdrawal without having to justify this return. If the 14-day period normally expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
The Customer who wishes to exercise his right of retraction must return the products within the above-mentioned period, in their original packaging, complete and new.
With the exception of the return costs, which remain at the Customer’s expense, the Seller shall reimburse all sums paid, including delivery costs, no later than 14 days following receipt of the product concerned.
The Customer must address any complaints to the following address firstname.lastname@example.org. Only complaints relating to the online sale of products sold on the Site will be taken into account.
The Seller is subject to the conditions of legal guarantees of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and legal guarantees of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
With regard to the legal guarantee of conformity, the consumer :
has a period of two years from the delivery of the good to act;
can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code ;
is exempt from having to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
The Customer must keep his purchase invoice to be able to benefit from the aforementioned guarantees.
The Seller shall reimburse all return costs upon presentation of proof for all non-compliant or defective products.
To do so, the Customer must contact the Vendor at the following address email@example.com so that the Vendor can send him/her a return form and instructions.
9.INTELLECTUAL PROPERTY RIGHTS
The “TALLY JUMP” trademark, as well as all the figurative and non figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the products, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the TALLY JUMP company.
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. The same applies to any copyright, design, model and patent that are the property of the Seller.
10. DATA PRIVACY
The information requested from the Customer is necessary to process the order.
In the event that the Customer consents to communicate individual data of a personal nature, he has an individual right of access, withdrawal and rectification of such data under the conditions provided for by Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms. The Customer must send any written request to the following address firstname.lastname@example.org.
At the time of the creation of his customer account on the Site, the Customer will be able to choose whether he wishes to receive offers from the Vendor and its partners.
The Seller’s performance of its obligations under these Terms and Conditions shall be suspended in the event of the occurrence of an act of God or force majeure that would hinder or delay performance.
The Seller shall notify the Customer of the occurrence of such an act of God or force majeure within ten days from the date of the occurrence of the event.
If the suspension of performance of the Seller’s obligations continues for a period of more than 30 days, the Customer may terminate the current order and the Seller shall then proceed to refund the order.
These GTC are governed by French law.