GENERAL CONDITIONS OF SALE
1) Purpose
The general terms and conditions of sale described below detail the rights and obligations of Fight Art and its customers in connection with the sale of goods displayed on the website fight-art.fr.
Any service provided by Fight Art therefore implies the buyer's unconditional acceptance of these general terms and conditions of sale.
2) PRICE:
The prices of goods sold are those in effect on the day the order is placed. They are stated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and shipping costs applicable on the day the order is placed.
Fight Art reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is placed.
Discounts and Rebates - Discounted/Sale Items
The prices offered include any discounts and rebates that Fight Art may grant based on its performance or the purchaser's assumption of certain services.
The price of items offered for sale or sale is already the "less discount" price applied by Fight Art. Discounted or sale items are non-refundable and non-exchangeable. By confirming their purchase, the customer acknowledges having read and agreed to this section of the general terms and conditions.
3) PRODUCTS:
* Customers are encouraged to read the instruction manuals or any other information included with the product or on the product or its packaging (precautions for use, conditions of use, safety and usage standards related to European legislation, etc.).
* Customers are informed of the essential characteristics of the products on the website www.fight-art.fr.
* The selection and purchase of a product are the sole responsibility of the customer. The total or partial inability to use the products, particularly due to equipment incompatibility, shall not give rise to any compensation, refund, or liability on the part of Fight Art, except in the case of a proven hidden defect, non-compliance, or fault, or the exercise of the right of withdrawal.
4) ORDERS:
a) Principles: To make a purchase on the website, the customer must create a Customer Account.
* The customer places their order according to the process in effect on the website and has the opportunity to check the details of their order and its total price at any time, as well as correct any errors, before confirming it to express their acceptance.
* As orders are final and irrevocable, any modification request made by the buyer is subject to acceptance by the seller (double-click rule).
* During each visit, when accessing personal data in "My Customer Area" or when placing an order, the customer will have been previously identified by their username and password, it being specified that these are not used to make payments.
* Once the customer has reviewed their order, confirmed it, and paid, a summary email acknowledging receipt of the order will be sent to the customer immediately at the email address provided in their Customer Account.
* The order validation date corresponds to:
- the order date for online payment by credit card
- the check receipt date for payment by check
b) Customer Obligations:
* When completing the registration form and providing information about themselves, the customer agrees to provide accurate and up-to-date information. All registered customers further agree to correct any inaccurate information or to notify Fight Art of any inaccuracy.
* The customer agrees not to provide any data or information that is defamatory, offensive, illicit, erroneous, or falsified, or that violates public order and morality. The order may be canceled by the buyer by registered letter with acknowledgment of receipt if the product is delivered without conforming to its stated specifications.
* The password is strictly personal.
* Fight Art cannot be held liable for the consequences of any force majeure events, as defined by case law, which may delay or prevent the online order from being placed or fulfilled.
c) Seller's Obligations:
* Fight Art will inform the customer of any changes not initially anticipated in their order (price, delivery time, specifications) and will allow the customer to decide how to proceed with their order.
* The seller reserves the right to refuse any order for legitimate reasons, particularly in the event of a dispute with the customer regarding payment for a previous order, or in the event that the quantities ordered are abnormally high compared to the quantities ordered by buyers as consumers.
* The order may be cancelled by the seller in the event of: The buyer's refusal to accept delivery. Non-payment of the price or balance of the price. An invoice, serving as proof of purchase where applicable, is created for each shipment and can be printed in the "Customer Area" section.
* Fight Art recommends that the buyer keep a paper or electronic record of their order until it has been fully processed.
5) DELIVERY:
Delivery is made by direct delivery of the goods to the buyer.
The stock availability indicated when the order is placed is provided for informational purposes only and is not guaranteed.
The withdrawal period for a purchase made on the Fight-art.fr website is 14 days. This period begins the day after delivery of the order, according to the terms and conditions provided by the customer.
Consequently, any reasonable delay in the delivery of the products may not give rise to the following claims for the buyer:
Cancellation of the order.
Award of damages.
The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations.
Fight Art cannot be held responsible for non-receipt of the item, in the case of a "no signature" shipping and reception method selected by the customer, for the delivery of his order. It will be up to the customer to file a claim with the transport service concerned to assert his rights.
The conformity of the goods must be checked at the time of delivery. Any reservations must be mentioned on the delivery slip, in the form of handwritten reservations accompanied by your signature (observation or possible suspicion of anomaly(ies) (open package, damaged product, etc.) and must be sent by email to Customer Service ([email protected]) at the latest within 48 hours of receiving your package. Any claim made beyond this deadline, or subject to exceptional agreement on our part, cannot be taken into account.
6) PAYMENT:
Orders are paid for:
· by credit card;
· by bank transfer.
The total amount is paid at the time of ordering.
6.1 PAYMENT IN SEVERAL INSTALLMENTS WITH ONEY:
By choosing to pay in several installments with our partner Oney, you acknowledge having read and accepted the general terms and conditions of sale relating to this financing solution.
Link to ONEY's general terms and conditions: https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf
Retention of Title Clause
Fight Art retains ownership of the goods sold until full payment has been made. As such, if the buyer is subject to receivership or liquidation, Racer reserves the right to claim, as part of the collective proceedings, the goods sold and remaining unpaid.
7) RIGHT OF WITHDRAWAL:
PROCEDURE FOR RETURNING A NEW PRODUCT
1- In accordance with Article L.121-21 of the French Consumer Code, you have 15 days from the date of receipt of the order to exercise your right of withdrawal (Excerpt from Article L.121-21: "The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded remotely [...]. The period mentioned in the first paragraph of this article runs from the day: [...] of Receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.")
Exchanges can only be made once. Exchanges are not permitted.
The following items are not returnable, exchanged, or refundable:
· Personalized item
· Item soiled, worn, or showing signs of wear (excluding fittings), or washed
· Item not matched with its original packaging and/or tags
· Item not folded as received
· Sale item
· End-of-line item
· Item from "Limited Series" (limited edition)
· Textile item worn directly on the body (for obvious hygiene reasons), such as:
· Rashguard T-shirts, lycra (short-sleeved and long-sleeved)
· Tights
· Leggings (also called spats)
· And, generally speaking, any delivered textile item cannot be returned if worn (excluding items worn strictly for fitting purposes).
· Any product return must meet the aforementioned requirements and the item must be in IMPECCABLE condition, folded (as received), bear the original tags, and in the original packaging, intact (unless properly opened).
Returned Products must be in their original condition and complete (packaging, accessories, original labels, etc.) allowing immediate resale of the item(s) in new condition. Items returned incomplete, damaged, or soiled, or which cannot be resold in their original condition, and due to the customer's actions, will not be subject to reprisals or refunds. Fight Art will verify all of these points and reserves the right to make any decisions regarding this matter. In these circumstances, the package will be made available to the Customer for 15 days, during which time the Customer may, if they wish, request by email to Customer Service ([email protected]) that the package be reshipped at the Customer's expense.
For products returned within the time limit and meeting all the conditions for immediate resale, Fight Art will, as soon as possible after receipt of the returned products, either refund you or assign you a dematerialized credit code that can be used and is valid on our online site only. This refund or this Dematerialized Credit is established in accordance with the general conditions. Dematerialized credit constituted by the establishment of a personal code, equal to the face value of your purchase, and valid for any new order on our website combat-art.fr only. can be returned for cash, whether by partial or full refund)
The return request for your item must be made through your customer account. Upon receipt of your request, the department will validate it if it meets the required deadline and conditions.
You will receive a return form.
For your return to be valid and compliant, it must:
- meet the conditions mentioned above,
- be accompanied by the completed and signed product return form.
If we agree to return your package, it must be returned to:
RN113, Rue du Languedoc
11200 LEZIGNAN CORBIERES
FRANCE
a) Customers residing in Metropolitan France and Corsica:
You may return your items for a refund or exchange.
In the event of an exchange, you will be issued a personal, digital Credit Note code, usable only on our online website fight-art.fr.
In the event of a refund, it will be issued by Fight Art using the same payment method used for the initial transaction. The refund includes the amount of the returned item(s) as well as the shipping costs paid at the time of the initial order.
In both cases, the shipping costs for your initial order will be refunded.
In the event of a partial return of the order, and since the shipping costs are a fixed price, the shipping costs will not be refunded.
You are responsible for the return shipping costs and the reshipping costs for your new order.
b) Customers residing outside mainland France and Corsica:
You may return your items for a refund or exchange.
In the event of an exchange, you will be issued a personal, digital credit note, valid only on our online store, fight-art.fr.
In the event of a refund, Fight Art will process the refund using the same payment method used for the initial transaction. The refund includes the amount of the returned item(s). The shipping costs for your initial order will not be refunded.
In the event of an exchange, you will be issued a personal, digital credit note, valid only on our online store. In both cases, the shipping costs will not be refunded and will remain your responsibility.
NB: If you send your return with the shipping costs and taxes due, we will not be able to accept it and your package will be refused. Fight ART cannot be held responsible for the subsequent processing of your package and disclaims any liability in this regard.
2. All product returns not subject to a claim will be subject to a systematic 10% discount. Depending on the condition of the returned products, the discount may be as high as 50% or the return may be refused.
For products in perfect condition, but which require intervention to put them back on sale, such as "customer price label to be removed, anti-theft device to be removed/replaced, etc.", a discount of between €5 and €50 per product may be applied.
REFUNDS
In accordance with Article L121-21-4 of the French Consumer Code, "When the right of withdrawal is exercised, the professional is
required to reimburse the consumer for the full amount paid, including delivery costs, without undue delay and no later than fourteen days from the date on which the professional is informed of the consumer's decision to withdraw."
In the event of proven mishandling of the product upon return, we reserve the right to refuse any refund.
If a refund is requested, it will be made using the payment method used to complete your purchase.
PROCEDURE FOR RETURNING A DEFECTIVE PRODUCT
If you notice that your product has a defect or appears to be defective in its functionality, you can return it to us. In the event of proven damage or if we do not detect any fault, the return and reshipping costs will be your responsibility.
All requests must be registered via our customer service: [email protected]
Upon receipt of your request, you will be assigned a customer service number. This reference should be kept and provided in any subsequent requests for information regarding your ongoing customer service case.
After reviewing your file, and based on the documents and information provided, Fight Art reserves the right to accept or reject your request.
If your request is accepted, a return slip will be sent to you for approval. This return slip must be included in the return package. Without this document, the return will be refused outright, and Fight Art cannot be held responsible for the fate of your returned item/package.
Similarly, the package must be sent to the address provided in your file (on the return slip or in the after-sales service exchange), and to this address only.
Here too, Fight Art cannot be held responsible for the fate of your returned item/package.
If your request is accepted, a return slip will be sent to you for approval. This return slip must be included in the return package. Without this document, the return will be refused outright, and Fight Art cannot be held responsible for the fate of your returned item/package.
Similarly, the package must be sent to the address provided in your file (on the return slip or in the after-sales service exchange), and to this address only.
Here too, Fight Art cannot be held responsible for the fate of your returned item/package.
8) WARRANTIES:
The Fight Art product warranty against all manufacturing or initial design defects is 2 years. Only one exchange of the item may be made during this statutory warranty period. The exchange procedure does not change the terms and conditions or extend the warranty period of the original item. The warranty does not cover after-sales service items sent for exchange.
9) PERSONAL DATA:
* Fight Art reserves the right to collect data to enable order processing.
*In accordance with Article 32 of Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data and amending Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, users have the right to access, modify and delete information concerning them, which can be exercised at any time by contacting Fight Art.
* The user is informed that this automated processing of information, including the management of email addresses, has been declared to the CNIL (French Data Protection Authority) under number (pending).
* Fight Art implements all necessary measures to ensure the confidentiality and security of data transmitted online.
* If you agree to receive our newsletter, promotional emails with offers and news will be sent to you. You can opt out by returning an email by indicating your choice.
10) INTELLECTUAL PROPERTY:
*All elements of the website www.fight-art.fr, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of Fight Art.
* None of the documents from the website www.fight-art.fr may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way whatsoever. Any modification or use for non-personal purposes constitutes an infringement of Fight Art's intellectual property rights.
* Any user wishing to create a simple link directly to the home page of the website www.fight-art.fr must request authorization from Fight Art. This does not constitute an implicit affiliation agreement. Any hyperlink to the website www.fight-art.fr using "framing" or "in-line linking" is strictly prohibited. In all cases, any link, even if expressly authorized, must be removed upon request from Fight Art.
* www.fight-art.fr and Fightart are trademarks of RACER SAS and are registered with the INPI (French Intellectual Property Office) under number 10 ...
11) DURATION:
* These terms and conditions apply for the entire duration that the services offered by Fight Art are online. They may be modified at any time by Fight Art.
12) APPLICABLE LAW:
* For any dispute relating to the order form or these General Terms and Conditions of Sale, the competent court will be either the one nearest the company's registered office or the one nearest the buyer's place of residence.
* In the event of a dispute, the customer may seek recourse to a mediator. In this regard, Fight Art recommends FEVAD (Federal Office for the Protection of the Rights of the Child). To make contact, conduct an internet search using a search engine such as Google and enter the phrase "mediator fevad."
13) PROOF:
* Purchase orders, order confirmations, and invoices are archived on a reliable and durable medium so as to provide a true and durable copy in accordance with the LEN Act of June 21, 2004.