General terms and conditions

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Updated June 11, 2021

PURPOSE - SCOPE OF APPLICATION
EFFECTIVE DATE / DURATION
PRODUCTS SOLD ON THE SITE - PRECONTRACTUAL INFORMATION
ORDER
DELIVERY
PACKAGING
RIGHT OF WITHDRAWAL
TRANSFER OF OWNERSHIP - TRANSFER OF RISK
PRICES AND TERMS OF PAYMENT
WARRANTIES - LIABILITY
FORCE MAJEURE
INDEPENDENCE OF PROVISIONS
DATA PROTECTION
INTELLECTUAL PROPERTY
NO WAIVER
INTEGRALITY
APPLICABLE LAW - DISPUTES
MEDIATION

POWERTEC EUROPE's business is the sale of fitness and bodybuilding products (hereinafter "the Products") to consumers (hereinafter "Customers") via its website.

In accordance with the French Consumer Code, a consumer is any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity.

General terms and conditions of sale for professionals are available on our website via the following link:CGV-Pro

These general terms and conditions of sale apply to French consumers: for deliveries abroad, please contact us directly at the following address:sales@powertec-europe.fr

1. PURPOSE - SCOPE OF APPLICATION

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions for the sale of Products to the Customer.

Any customer placing an order on our site adheres to and fully accepts, without restriction or reservation, the present terms and conditions of sale. The customer expressly acknowledges this.

If you do not accept all or part of these terms and conditions, please do not place an order on our Site.

Acceptance of these terms and conditions of sale is evidenced by ticking the box "I ACCEPT THE GENERAL TERMS AND CONDITIONS OF SALE" prior to placing an order. A hypertext link is provided on the text "general conditions of sale". By ticking the box, the Customer agrees to abide by the present terms and conditions of sale.

Sales made through this site expressly derogate from contracts concluded under article 1587 of the French Civil Code.

2. EFFECTIVE DATE / DURATION

These General Terms and Conditions of Sale are current as of April 1, 2021.

They may be modified at any time. Please read them carefully before ordering, even if you buy regularly from us.

The general terms and conditions of sale applicable are those in force on the date of the order. They remain in force until the rights and obligations of the order for which either party is responsible are extinguished.

3. PRODUCTS SOLD ON THE SITE - PRECONTRACTUAL INFORMATION

The Products covered by these General Terms and Conditions of Sale are all the products for sale on the Site, present in the online catalog.

Unless otherwise stated, they are deemed to be available. Should this not be the case despite our best efforts, the customer will be informed by e-mail within 24 hours.

In this case, the Customer may :

Wait for the restocking of the Product initially ordered ;
Cancel your order and be reimbursed as soon as possible and within 15 days at the latest.

The Customer acknowledges having been informed, prior to placing the order, in a clear, legible and comprehensible manner, of all the information resulting from articles L. 111-1 to L. 111-7 of the French Consumer Code and in particular :

The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned ;
The price of Products and related costs
In the absence of immediate performance of the contract, the date or period within which our company undertakes to deliver the goods ;
All information relating to the identity, postal, telephone and electronic contact details and activities of our company, seller, insofar as not apparent from the context, as well as information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions ;
The possibility of mediation in the event of a dispute ;
The right of withdrawal and its financial consequences.

4. ORDER

In order to place an order for Products on the Site, the Customer must complete the following steps:

The customer consults our site. After carefully reading the description of each Product, he can select it.
The customer must select the Products they wish to purchase from the online catalog, and add them to their shopping basket
As soon as the customer adds a product to his basket, he can add other products from the site or consult his selection by accessing his basket.
When consulting the basket, the customer can remove products or increase quantities.
Once the customer has added all the products they wish to order to their basket, they click on "Place order"
He must then identify himself by logging into his account or by creating a new account. If he is already logged in, he goes directly to the next step
The customer checks the delivery and billing addresses and proceeds to the next step.
The customer chooses the shipping method:
1. DPD home delivery (maximum order 30kg)
2. For orders over 30kg, we choose the best method of delivery to the address chosen by the customer.
The customer must accept these General Terms and Conditions of Sale by reading them, agreeing to them and formalizing this agreement by ticking the box "I accept the general terms and conditions of sale". The customer confirms the shipping method by clicking on the "Next step" button
The customer chooses the method of payment for the order:
1. Credit card.
2. Bank card in instalments (3x free of charge)
3. PayPal
4. Sofort (in eligible countries)
5. Bank transfer (order processing will take longer)
The sale will only be considered definitive once our company has sent confirmation of acceptance of the order to the Customer's e-mail address, and once our company has received payment in full. Acknowledgement of receipt of the order is sent to the e-mail address provided by the Customer when the order was placed.
Once the order has been paid for by the Customer, it is sent to the delivery address provided.

The Customer guarantees to our company the veracity of the information communicated when placing the order, in particular when creating his/her account, and undertakes to update the data concerning him/her.

Our company cannot be held responsible for any error or failure to update customer information, particularly concerning the delivery address.

The Customer is hereby informed that all telecommunication costs incurred in accessing the Internet shall be borne by the Customer.

In the absence of proof to the contrary, the data recorded by our company constitutes proof of all transactions. In this respect, we remind you that any order placed on our Site constitutes the formation of a contract concluded at a distance.

5. DELIVERY

Pricing details are available on the Site, in particular as regards the price of deliveries, which are charged to the Customer.

In the event of damage during transport, the customer must specify this on the deliveryman's packing slip, in the presence of the latter, and confirm within 48 hours of receipt by registered letter or emailsales@powertec-europe.fr in order to receive compensation.

IMPORTANT: the customer is obliged to check the goods at the time of delivery or collection, and must expressly state any reservations about the condition of the goods received on the delivery note.

REMINDER:

Article L.133-3 of the French Commercial Code "Receipt of transported goods extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following receipt, the consignee has not notified the carrier of his reasoned protest by extrajudicial act or by registered letter. If, within the above-mentioned time limit, a request is made for an expert appraisal pursuant to article L.133-4, this request shall be deemed to constitute a protest without it being necessary to proceed as described in the first paragraph. All stipulations to the contrary are null and void. This last provision does not apply to international transport

Article L.224-65 of the French Consumer Code "When the consumer personally takes delivery of the items transported and when the carrier does not justify having given him the opportunity to effectively check their good condition, the period mentioned in article L.133-3 of the French Commercial Code, which extinguishes any action against the carrier, is extended to ten days."

Except in the case of hidden defects, no claim will be accepted after receipt if the customer has not indicated his reservations on the delivery note. However, the liability of the freight forwarder for damage does not affect the consumer's right to make use of the legal guarantee of conformity and the guarantee against hidden defects if the legal conditions are met.

In the event of loss or total deterioration of the product, the company POWERTEC EUROPE will reimburse the amount of the purchase including shipping costs (in the case of express delivery or a purchase of less than 100 euros).

In the event of difficulties or impossibility of delivery due to imprecision, lack of information or erroneous information provided by the Buyer, our company cannot be held responsible for any return, over-invoicing or impossibility of delivery.

6. PACKAGING

Packaging bearing the brand(s) of POWERTEC may only be used for its products and may not be used for any other purpose or for the sale of other products, even if they are not competing products.

7. RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L. 221-18 et seq. of the French Consumer Code, the Customer has the right to withdraw from the contract within fourteen (14) days of receipt of the Product by the Customer or by a third party designated by the Customer, other than the carrier.

Before the expiry of this period, our company must be informed by the Customer. The latter may :

or send us theWithdrawal form (for your information: the Retraction Form document can be opened by clicking on the link)
or by sending an e-mail explicitly and clearly stating your wish to withdraw to the following address:sales@powertec-europe.fr

If the Customer exercises his/her right of withdrawal, he/she must return the Product, at his/her own expense, to our company at the address indicated on the withdrawal form, in its original packaging and no later than fourteen (14) days following notification of his/her decision to withdraw.

Products that are damaged, dirty, open and/or incomplete will not be taken back, nor will goods that are likely to deteriorate or expire rapidly.

Our Company will then reimburse the Customer, including delivery costs, at the latest within fourteen (14) days from the date on which our Company has actually collected the Product or from the date on which the Customer has provided proof of shipment of the Product.

EXTRACTS FROM THE CONSUMER CODE

Article L221-18
Consumers have a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone canvassing or off-premises canvassing, without having to give reasons for their decision or incur costs other than those provided for in articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph runs from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
2° On 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. For off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.
In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

Article L221-19
In accordance with Council Regulation No. 1182/71/EEC of June 3, 1971 determining the rules applicable to periods, dates and time limits :
1° The day on which the contract is concluded or the day on which the goods are received is not counted in the period mentioned in article L. 221-18;
2° The period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;
3° If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

Article L221-20
Where information on the right of withdrawal has not been provided to the consumer under the conditions set out in 2° of article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with article L. 221-18.
However, where this information is provided during this extension period, the withdrawal period expires at the end of a period of fourteen days from the day on which the consumer received this information.

Article L221-21
The consumer exercises his right of withdrawal by informing the trader of his decision to withdraw by sending, before the expiry of the period provided for in article L. 221-18, the withdrawal form mentioned in 2° of article L. 221-5 or any other unambiguous statement expressing his wish to withdraw.
The trader may also allow the consumer to fill in and submit online, on his website, the form or declaration provided for in the first paragraph. In this case, the trader shall immediately provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium.

Article L221-22
The burden of proof that the right of withdrawal has been exercised under the conditions set out in article L. 221-21 lies with the consumer.

Article L221-23
The consumer shall return or restitute the goods to the trader or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with article L. 221-21, unless the trader offers to collect the goods himself.
The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer's home at the time the contract is concluded, the trader will collect the goods at his own expense if they cannot be returned normally by post due to their nature.
The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of article L. 221-5.

Article L221-24
Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may defer reimbursement until he has collected the goods or until the consumer has provided proof that the goods have been dispatched, whichever is the earlier.
The trader makes this refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.
The trader is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method offered by the trader.

Article L221-25
If the consumer wishes the performance of a service or a contract mentioned in the first paragraph of article L. 221-4 to begin before the end of the withdrawal period mentioned in article L. 221-18, the trader shall receive his express request by any means for contracts concluded at a distance and on paper or on a durable medium for contracts concluded off-premises.
A consumer who has exercised his right to withdraw from a contract for the provision of services or from a contract referred to in the first paragraph of article L. 221-4, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the trader an amount corresponding to the service provided up to the communication of his decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been supplied.
No sum is due by the consumer who has exercised his right of withdrawal if his express request has not been received in application of the first paragraph or if the professional has not complied with the information obligation provided for in 4° of article L. 221-5.

Article L221-26
A consumer who has exercised his right of withdrawal from a contract for the supply of digital content not provided on a tangible medium is not liable for any sum if :
1° The trader has not obtained his prior express agreement to perform the contract before the end of the withdrawal period and the proof of his waiver of his right of withdrawal;
2° The contract does not include the information specified in the third paragraph of article L. 221-9 and the second paragraph of article L. 221-13.

Article L221-27
Exercising the right of withdrawal puts an end to the parties' obligation either to perform the distance or off-premises contract, or to conclude it when the consumer has made an offer.
Exercising the right of withdrawal from a main distance or off-premises contract automatically terminates any accessory contract, at no cost to the consumer other than those provided for in articles L. 221-23 to L. 221-25.

Article L221-28
The right of withdrawal cannot be exercised for contracts :
1° Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal ;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period ;
3° Supply of goods made to the consumer's specifications or clearly personalized ;
4° Supply of goods liable to deteriorate or expire rapidly ;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles ;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader ;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency ;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications ;
11° Concluded at a public auction ;
12° Accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time ;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

8. TRANSFER OF OWNERSHIP - TRANSFER OF RISK

The Customer is responsible in particular for loss, theft or deterioration of the Products, or for any damage caused to the Products, as soon as they are delivered.

The transfer of ownership of the Products will only take place after full payment of the price by the customer, regardless of the delivery date.

9. PRICES AND TERMS OF PAYMENT

Our products are supplied at the price in force at the time the Order is validated by the Customer on the Site.

The price of the Products offered for sale on the Site is indicated in euros, VAT included.

If one or more taxes and/or contributions are created or modified, this change may be reflected in the sale price of the Products.

However, a price cannot be modified once the order has been validated.

Delivery charges are not included in the prices displayed on our Site.

Delivery rates to other countries can be assessed in the shopping basket and are indicated before the order is finally confirmed.

When our company has to make a delivery in several shipments, the contribution to costs will only be invoiced once.

Payment is made by credit card on the secure Lyra Collect website.

In accordance with the provisions of article L 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

If, for any reason whatsoever, it proves impossible to debit the sums owed by the customer, the sale will be immediately cancelled by operation of law and the electronic purchasing process cancelled.

Our company will not be obliged to deliver products ordered but not paid for in full.

10. WARRANTIES - LIABILITY

For any request relating to legal guarantees, please contact :sales@powertec-europe.fr

10.1. LEGAL WARRANTIES

Unless the legal criteria are not met, the customer benefits from the legal guarantees.

Our company is therefore liable for defects in conformity and latent defects under the conditions set out respectively in Articles L.211-1 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.

Article L217-15 of the French Consumer Code

A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price, replace or repair the good or provide any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good.

The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.

The contract specifies the content of the warranty, the terms and conditions of its implementation, its price, duration and territorial scope, as well as the name and address of the guarantor.

In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code.

The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract.

In the event of non-compliance with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of this right.

Article L217-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the date of the buyer's request for service, or from the date the goods in question are made available for repair, if the goods are made available after the request for service.

Civil Code - Article 1641: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Code Civil - Article 1648 paragraph 1: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

10.2. RESPONSIBILITY

Our company cannot be held responsible for any damage whatsoever or prejudice suffered by the Customer in the event of :

misuse of the Product, allergy, non-compliance with instructions, in particular for maintenance and/or conditions of use ;
insurmountable and unforeseeable act of a third party to the contract ;
force majeure as indicated below.

In the event of damage caused by a safety defect in the Product, the consumer must seek the liability of the identifiable manufacturer based on the information provided on the product packaging.

11. FORCE MAJEURE

Our company shall not be held liable in the event of force majeure, usually recognized as such by French case law, or a health crisis preventing or abnormally reducing our supplies and deliveries of our goods, or seriously altering the conditions thereof.

12. INDEPENDENCE OF PROVISIONS

Should any provision of these General Terms and Conditions of Sale be declared null and void or inapplicable, the remaining provisions of these General Terms and Conditions of Sale shall remain in full force and effect.

13. DATA PROTECTION

Our customers' personal data is processed in accordance with the General Data Protection Regulation.

Our Privacy Policy is appended to these terms and conditions.

14. INTELLECTUAL PROPERTY

All elements of the site are the exclusive property of Powertec Inc. and are protected by French and international intellectual property laws.

Placing an order on our site does not imply any right to license, use or reproduce intellectual property.

Any reproduction, representation in whole or in part, by any means whatsoever, without the consent of our company is strictly prohibited and will give rise to legal proceedings.

No hypertext links may be set up without our express prior written consent.

15. NO WAIVER

The non-application, in whole or in part, or even the delay in the application of any of the provisions by a Party shall not be interpreted or understood as a waiver by that Party of the application of the provision concerned.

16. INTEGRALITY

These General Terms and Conditions of Sale constitute the entire agreement between the parties.

17. APPLICABLE LAW - DISPUTES

These General Terms and Conditions of Sale are governed exclusively by French law.

In the event of a dispute concerning the interpretation or execution of their agreements, the parties will seek to reach an amicable settlement before taking any legal action.

Failing this, any dispute will be referred to the competent courts under the conditions of common law.

18. MEDIATION

The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 616-1 et seq.) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute, namely, concerning us:

SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
site : https://www.sasmediationsolution-conso.fr,
email :contact@sasmediationsolution-conso.fr

General terms and conditions - Consumer

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