GENERAL CONDITIONS OF SALE APPLICABLE
These general conditions of sale apply without restriction or reservation to all online sales offered by the company Les Marathoniens (hereinafter: " Les Marathoniens ") on the website www.spiridon-store.com (here - after: “ the Site ”).
The Site is an e-commerce platform, which allows Internet users (hereinafter: " Buyers ") to acquire technical sports and lifestyle clothing inspired by the "running" culture and books also relating to the culture of "Outdoor" sports culture offered for sale on the Site (hereinafter: " the Products ").
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
The applicable version of the general conditions is the one available online on the Site on the date of the Buyer's Order as defined below, a copy of which is accessible when confirming the Order.
These general conditions of sale prevail over all other general or specific conditions not expressly approved by Les Marathoniens.
They may be supplemented, where appropriate, by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. Identity of the seller and contact
The Site is operated by the company Les Marathoniens, SAS registered with the Paris RCS under number 852 305 523, whose head office is located at 1 rue Cognacq-Jay 75007 Paris, which offers the Products for sale.
The Marathoners can be contacted at the following coordinates, in particular for any complaint:
Postal address: 1 rue Cognacq-Jay 75007 Paris
Email address: email@example.com
3. Legal capacity and acceptance of the general conditions
- Legal capacity
The Site is accessible:
- To any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.
- To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
- Acceptance of terms and conditions
The acceptance of these general conditions by the Buyer is materialized by a checkbox in the Order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
The Buyer who does not agree to be bound by these general conditions must not place an Order on the Site.
4. Product Features
Prior to any online Order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer may take note, on the Site, of the characteristics of the Products that he wishes to order.
The Products are offered for sale online within the limits of available stocks.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only bind Les Marathoniens for what is specifically indicated. The Purchaser is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the Site, due to technical constraints.
- Placing an order
To place an order (hereinafter the " Order "), the Buyer selects the Product(s) of his choice and places it(s) in his basket.
He can access the summary of his basket at any time as long as the Order is not definitively validated and can correct any errors in the items entered.
The Order is deemed to have been received by Les Marathoniens when Les Marathoniens has received confirmation of the payment made by the Buyer.
As part of his Order, the Buyer is invited to provide his contact details for delivery and billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated.
The Buyer guarantees that all the information he gives in the Order form is accurate, up-to-date and sincere and is not vitiated by any misleading character.
He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.
The Buyer is also informed that certain Products may be offered for pre-order. In this case, a notice will inform the Buyer before any confirmation of his Order and the delivery times will be indicated when placing his Order.
Les Marathoniens also reserves the right to offer limited edition Products and will mention this on the Site. The Buyer acknowledges and accepts that these Products will therefore only be offered for a limited period of time and that Les Marathoniens reserves the right to withdraw the Products concerned from the Site once stocks are exhausted.
- Order confirmation
At the end of his Order, the Buyer receives by email a confirmation thereof which:
- summarizes the elements of the Order and the expected delivery time,
- includes a link to the general conditions in force on the day of the Order,
- includes the invoice corresponding to the Order.
The Buyer must ensure that the contact details provided when placing his Order are correct and that they allow him to receive the confirmation email for his Order. Failing receipt of this, the Buyer must contact Les Marathoniens at the contact details mentioned in article 2.
Les Marathoniens recommends that the Purchaser keep the information contained in the Order confirmation.
The Order confirmation is deemed to have been received by the Buyer when he can access it.
- Creation of a Personal Space
In accordance with Article 5.1 hereof, any Buyer may place an Order for one or more Products without having previously registered on the Site.
The Purchaser is informed that placing the Order automatically leads to the opening of an account in the name of the non-registered Purchaser (hereinafter: the " Pre-Open Account ").
Upon confirmation of the Order, as provided for in article 5.2, Les Marathoniens informs the non-registered Buyer, by email, of the opening of his Pre-Open Account and offers him to complete his registration:
- either by completing the form provided for this purpose on the Site,
- or by using their login credentials for a third-party site indicated on the Site (including Facebook Connect). In this case, he must provide Les Marathoniens with the additional information requested. The Purchaser expressly authorizes Les Marathoniens to access their account data on the third-party site concerned.
In any case, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the Buyer's name (hereafter: the " Account "), giving him access to a personal space (hereafter: the " Personal Space ") which allows you to manage your purchases in a form and according to the technical means that Les Marathoniens deems most appropriate.
The Buyer also has access to the history of the Orders he made before the finalization of his registration, in his Personal Space.
6. Prices and terms of payment
The selling prices of the Products are displayed on the Site.
They are indicated in euros for the European Union, all taxes included (French VAT and other applicable taxes).
For Great Britain, the prices are indicated in pounds sterling and in American dollars for the United States, including VAT, but excluding customs duties and other taxes.
Attention : Outside the European Union as well as in the DROM-COM, customs duties or local taxes are likely to be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to Les Marathon runners. These duties and taxes, of which Les Marathoniens cannot determine the exact amount in advance and of which it therefore cannot inform the Buyer prior to his Order, remain the responsibility of the Buyer, who is solely responsible for the correct completion of any declarations and/or related formalities.
The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the Order by the Buyer.
The applicable price is that displayed on the Site at the time of registration of the Buyer's Order.
Les Marathoniens reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
- Payment terms
The full price of the Products is due upon Order.
Payment can be made online:
- by credit card, through the secure online payment service indicated on the Site,
- by Paypal,
- or by any other means that will be offered on the Site at the time of the Order.
The Buyer guarantees to Les Marathoniens that he has the necessary authorizations to use the chosen method of payment.
- Payment delays and incidents
Les Marathoniens reserves the right to suspend or cancel any Order and/or delivery in the event of non-payment of any sum owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter AR.
The Buyer can access the invoice corresponding to his Order in his Personal Space.
- Retention of title
The Marathoners retain full ownership of the Products sold until full payment has been received, delivery costs included.
- Territory of deliveries
The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
The delivery of the Products ordered on the Site will be made to the address indicated during the Purchaser's Order as the "delivery address" (which may be different from the billing address), provided that it is located in the possible delivery territory for the Products concerned.
- Delivery methods
The delivery of the Products ordered on the Site is made to the address indicated during the Purchaser's Order as the "delivery address" (which may be different from the billing address).
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Purchaser is informed before the validation of his Order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.
- Delivery delay
The Site mentions, for each Product offered for sale, indicative delivery times depending on the territories and delivery methods.
The actual delivery time will be confirmed to the Buyer in the Order confirmation email.
In the absence of delivery within the above deadline, the Buyer may cancel the Order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having instructed the Marathon runners, according to the same terms, to deliver within a reasonable additional time, it has not been delivered within that time.
These general conditions of sale are considered resolved upon receipt by Les Marathoniens of the letter or writing informing them of this resolution, unless it has been executed in the meantime.
In the event of resolution of the general conditions of sale according to the methods above, the Buyer will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date on which the contract was terminated.
The Marathoners cannot be held responsible in the event of late delivery due to an incomplete and/or erroneous address indicated by the Buyer.
Les Marathoniens reserves the right in any case to approach the Buyer in order to offer him alternative solutions for reimbursement of the price of the Products and the delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.
8. Right of withdrawal
The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay. When his Order relates to several Products delivered separately, the above period runs from receipt of the last Product.
The Buyer who wishes to exercise his right of withdrawal must send Les Marathoniens to the contact details mentioned in Article 2 hereof, before the expiry of the above period, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing his desire to withdraw and including his Order number.
The Products must imperatively be returned to Les Marathoniens in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Purchaser is deemed responsible in the event of deterioration of the Products upon their return to Les Marathoniens.
The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the effective date of receipt by Les Marathoniens of the request for withdrawal of all the sums paid for his Order, minus the if applicable, return costs, which remain the responsibility of the Buyer. However, Les Marathoniens reserves the right to defer this reimbursement until the effective recovery of the Products.
9. Legal guarantees
The Buyer benefits from the legal guarantees of non-conformity as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Les Marathoniens at the contact details mentioned in Article 2 hereof, indicating the nature of the defect, of the non-conformity or the damage observed and by sending him any useful proof, in particular in the form of photograph(s).
The Marathoners will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. The Marathoners will bear the costs of this return.
The Products must imperatively be returned to Les Marathoniens in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms described above cannot be taken into account.
The Marathoners will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, Les Marathoniens will refund to the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen ) days following the date on which Les Marathoniens informed it of the impossibility of replacing the Product.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
- Benefits from a period of two years from the delivery of the property to act;
- Can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
- Is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer can also 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 sale price in accordance with article 1644 of the Civil Code.
10. Obligations of Buyers
Buyers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to the purchase of said Products.
They must also take the necessary measures to safeguard by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
Finally, it is up to the Purchasers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
11. Liability of Marathon Runners
- Marathon runners undertake to carry out regular checks in order to verify the operation and accessibility of the Site. As such, Les Marathoniens reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Les Marathoniens cannot be held responsible for temporary difficulties or impossibilities in accessing the Site resulting from circumstances external to it, force majeure, or even due to telecommunication network disruptions.
- Les Marathoniens does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.
- The Marathoners cannot be held responsible for the non-execution or the delay in the execution of the sales contracts due to circumstances which are external to it or a case of force majeure, it being expressly specified that are considered as cases of force major, in addition to those which are usually retained by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the existing security means on the market do not allow their eradication, as well as any legal, regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
- In any event, the liability likely to be incurred by Marathoners hereunder is expressly limited only to proven direct damages suffered by Buyers.
12. Intellectual Property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Les Marathoniens within the Site are protected by all rights. of intellectual property or rights of the producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Les Marathoniens are strictly prohibited. and may be subject to legal action.
13. Personal data
Les Marathoniens practices a personal data protection policy, the characteristics of which are explained in the document entitled " Charter relating to the protection of personal data ", which the Buyer is expressly invited to read.
Les Marathoniens reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which Les Marathoniens will be the sole judge.
15. Third Party Links and Sites
Under no circumstances can Marathoners be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Purchaser may access via the Site.
Les Marathoniens is also not responsible for transactions between the Buyer and any advertiser, professional or trader (including any partners) to which the Buyer may be directed through the Site and cannot under any circumstances be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
16. Prohibited behavior
- The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the systems of Les Marathoniens, (iii) any misappropriation of system resources of the Site, (iv) any action likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and interests financial, commercial or moral rights of Les Marathoniens or users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the applicable laws and regulations.
- It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.
- In the event of failure to comply with any of the provisions of this article or more generally, breaches of laws and regulations, Les Marathoniens reserves the right to take all appropriate measures and initiate any legal action.
The Purchaser may unsubscribe from the Site at any time, by sending a request to this effect to Les Marathoniens by email, to the contact details mentioned in Article 2 or by using the functionality provided for this purpose in his Personal Space.
Unsubscription is effective within a maximum period of 7 (seven) days from this request. It entails the automatic deletion of the Buyer's Account.
The Buyer acknowledges and accepts that the unsubscription does not interrupt the Orders placed before the unsubscription and awaiting delivery and that these will be executed by Les Marathoniens under the conditions described herein.
Les Marathoniens reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Purchaser's Order.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
The Buyer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these presents which would oppose him to Les Marathoniens, under the conditions provided for in articles L611-1 et seq. and R152-1 and following of the Consumer Code.
For this purpose, he can contact the following consumer mediator:
Center for mediation and amicable settlement of judicial officers (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
Email address: firstname.lastname@example.org
Telephone: 01 49 70 15 93
21. Applicable law and jurisdiction
These general conditions are governed by French law.