Terms and Conditions of Sale
These Terms and Conditions of Sale apply to sales between: - natural persons wishing to make a purchase via the TSL website www.tsloutdoor.fr, hereinafter referred to as the "Website" and the company TSL SPORT EQUIPMENT SA, with a capital of 4,514,601 euros, whose registered office is located at 9 rue du Pré Faucon - PAE les Glaisins - Annecy Le Vieux - 74940 ANNECY - France, Tel: 04.50.10.28.28, Email: email@example.com, registered with the Annecy Trade and Companies Register under the SIREN number 324 020 585 00042 and the EU VAT no. FR32 324 020 585, hereafter referred to as "TSL". TSL has the APE code 3230Z: manufacture and marketing of sporting goods. The Chairman of TSL is Mr Philippe Gallay.
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1. Application of these Terms and Conditions of Sale
These Terms and Conditions of Sale apply solely to purchases made via the Website.
TSL reserves the right to modify these Terms and Conditions of Sale at any time. The date of entry into force of these Terms and Conditions of Sale is indicated above. The Terms and Conditions of Sale applicable are those in force on the date the order is placed, a copy of which dated to that date may be given to the Customer on request. The Terms and Conditions of Sale can be viewed at any time from a link located at the bottom of the page on all pages of the Website.
ANY ORDER FOR PRODUCTS IMPLIES EXPRESS ACCEPTANCE WITHOUT RESERVATION OF THESE TERMS AND CONDITIONS OF SALE
Orders may only be placed by consumers who are natural persons acting for purposes that do not fall within the scope of a commercial, industrial, craft or liberal activity. Therefore, we will not accept orders from companies, associations, independent contractors or any other type of legal entity.
In order to place an order, you must:
- Provide your name and address, telephone number, e-mail address, payment details and any other required information; password, etc.
- Be at least 18 years old.
If you have created an account with a personal username and password, please ensure that you always protect your password and do not disclose it to anyone else as you are personally responsible for every purchase made with your username and password. Any order on the website implies an obligation of payment for the Customer.
The product offers proposed on the Website are governed by the T&C. They are valid as long as the products appear in the electronic catalogue and within the limits of available stocks.
In the event that the Product ordered is unavailable, TSL shall immediately inform the Customer and may offer the Customer a product of equivalent quality and price. If the Customer refuses, TSL will reimburse the sums paid within fourteen (14) days. Apart from the reimbursement of the price of the unavailable Product, TSL is not liable for any cancellation compensation.
The Products are each the subject of a description mentioning their essential characteristics within the meaning of Article L.111-1 of the French Consumer Code. Nevertheless, there may be minor differences between the photos, texts and drawings associated with the Products presented and the final Product delivered to the Customer.
4. Ordering process and conclusion of the contract
Any order placed on the Website implies express acceptance of the T&C.
All orders must therefore be accepted by TSL, and it should be noted that all orders on the website imply an obligation of payment for the customer.
With the exception of orders already accepted, we reserve the right, without incurring any liability and without prior notification, to change, interrupt or stop the sale of any Product, in particular those that we suspect to be irregular, and those that we suspect have not been placed by consumers. We shall not be required to explain our refusal.
Once we have received your order, and provided we accept it, we will send you an order confirmation by email containing your order number and details of the product(s) you have ordered and the Terms and Conditions of Sale.
The sales contract will be concluded when you receive the order confirmation e-mail from TSL.
You remain responsible for the accuracy of the data you provide to us.
The order confirmation e-mail constitutes proof of your purchase, and we therefore ask you to keep it.
Once the order has been registered, a detailed invoice that can be printed by the Buyer will be available within a maximum of 14 days on the Site in the "Your Account" section.
TSL reserves the right to refuse a delivery or to honour an order in the event that the Buyer has not settled a previous order in full or in part, or in the event that a payment dispute remains.
1/ PRODUCT CHOICE :
The customer selects the product they want to order. They can first see which shops in their area are likely to have this product. The customer will also have the possibility to order on the website. Three statuses are indicated:
- Either the product is in "stock" and the customer can select the product.
- Or the product is "out of stock", and the customer cannot select this product. The customer will then have to come back later to check the availability of the product or contact the TSL customer service by e-mail to find out about its availability.
- Or the product is "not available for sale", which concerns products not listed on the site.
2/ CHECKING THE CONTENTS OF THE SELECTION :
The customer checks the contents of their shopping cart while keeping the possibility of deleting one or more items.
3/ CREATING A CUSTOMER ACCOUNT :
The customer identifies the information requested for the creation of their account (name - first name - address - e-mail - user name - password - phone number). The customer must then check off their acceptance of TSL's confidentiality policy at this stage.
4/ CHECKING THE ORDER :
The customer checks the content of their order, the price of the products, the quantities, the delivery and invoicing addresses.
5/ DELIVERY METHODS :
The customer has the choice between:
- Home delivery
- Delivery to a collection point
Our transport provider is DPD.
6/ CHOOSING THE METHOD OF PAYMENT :
The customer chooses the method of payment as defined in Article 8.
7/ CONFIRMING THE ORDER :
The customer confirms their order by accepting the T&C. They accept the T&C by ticking a validation box.
8/ VALIDATING THE ORDER AND PAYMENT OF THE ORDER :
The customer validates and pays their order. The customer is sent back to the CIC MONETICO Paiement website. The customer indicates the bank details necessary for payment. The validation of the order becomes final only after payment has been processed.
9/ ACKNOWLEDGING RECEIPT OF ORDER :
The customer will then receive an e-mail summarising the order, indicating the order number, the list of products ordered, the delivery terms, the bank transaction number and the e-mail address of the customer service department.
This document must be kept in order to exercise the right of withdrawal.
10/ CONFIRMING SENDING OF THE ORDER :
After the order has been processed within TSL, the customer will receive an SMS (in the case of home delivery) or an e-mail (in the case of delivery to a collection point) from our logistics forwarder confirming that their parcel(s) have been taken in charge in order to make the delivery.
5. Prices, delivery and order processing costs, and VAT
The price charged for a Product will be the price in force at the time the order is placed and will be indicated in the order confirmation e-mail.
All deliveries will incur a delivery charge of € 5,50 for collection points or € 7,50 for home delivery regardless of the amount of the order.
We reserve the right to change prices at any time without notice. Price increases will only be applicable to orders placed after such changes.
The prices of the Product(s) include VAT and other applicable taxes but do not include delivery and handling charges.
Any additional costs for delivery and processing of the order and the related VAT or other applicable taxes will be indicated in the Online Shop during the ordering process and will also be included in the order confirmation e-mail.
In the event that we are unable to calculate the amount of certain additional costs prior to the conclusion of the sales contract, we will inform you of the manner in which the final price will be calculated prior to the placing of your order.
We deliver the Products in Metropolitan France only.
The delivery options are as follows:
- Either at home: in this case the customer receives an SMS from our transport provider (DPD)
- Or to a relay point: in this case, the customer receives an e-mail confirming shipment from our transport provider (DPD).
The delivery option you have chosen will be confirmed in the order confirmation.
Unless you have specifically requested a longer delivery time, the delivery time is 7 days. In the event of force majeure (very high demand, shortage of stock on a product, etc.), the delivery time may be longer. In this case, TSL will send an e-mail to inform you with the possibility of cancelling the order.
If you order "customised" Product(s) from the "stick configurator", the manufacturing time of said customised Product(s) will be added to the delivery time depending on the delivery option selected.
If you unreasonably postpone delivery or delay receipt of delivery after we have notified you that we have attempted to deliver the Product(s) ordered, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the Product(s) remain undelivered for a period of 7 working days after the first attempted delivery, they will be returned to us undelivered. We reserve the right to cancel the contract of sale and, upon receipt of the returned delivery package, we will refund you in accordance with the provisions of Article 9.
We shall not be liable for late delivery or failure to perform if the delay or failure is due to unforeseeable and insurmountable events, to a third party to the contract or to force majeure. We recommend that you examine the package and the Product(s) received within 14 (fourteen) days of delivery and check their condition and whether the contents of the package are complete. In case of damaged or missing Product(s), please contact our customer service.
7. Compatibility and Product Information
When placing your order, please ensure that the product(s) you are purchasing are compatible with your intended use. Please use the Online Shop as your ultimate point of reference when checking compatibility. In the event of any discrepancy between the contents of the Online Shop and any other website (or any other source of information), the compatibility of the product(s) as it appears on the Online Shop at the time of purchase shall prevail.
Only payment by one of the following credit cards will be accepted: CB, Visa, Eurocard, Mastercard.
The Buyer guarantees TSL that they have the necessary authorisations to use the card payment method when ordering on the site.
All payments shall be subject to security checks.
Consequently, our services may contact you in order to confirm your order information and your order data such as proof of your address, proof of address in the name of the person indicated for the delivery address, etc.
9. Returns and Refunds
Please note that we will only process returns and refunds for product(s) purchased through our Online Shop.
Right of withdrawal: If you have purchased one or more products and wish to exercise your right to withdraw from the sales contract and return the product(s), you may do so within fourteen (14) days. In this case, you do not need to give reasons for your decision. The delivery costs will be at your expense in this case. The fourteen (14) day period expires after the day the customer takes possession of the goods.
In the event of a contract for several products, your right of withdrawal will expire after a period of 14 (fourteen) days from the date on which you, or a third party other than the carrier and designated by you, took physical possession of the last Product.
In order to exercise your right of withdrawal and return the Product(s), please refer to the returns form which is available on the website under the heading Contact Us, then Making a return.
In order to ensure a fast and secure return, we encourage you to follow the return instructions provided. The customer must return the product(s) in new, undamaged, original packaging, along with the accessories. The products must not have been used to an extent that is inappropriate or deemed uncommon.
We will refund the price you paid for the Product(s) and the original delivery charge within 10 days of receipt of the returned Product(s) in our warehouse. The refund will be confirmed to you by email. Payment will be made using the same payment method you used for the original transaction.
If you are returning a Product(s): that you are not entitled to return, have deteriorated or used improperly, or have not taken reasonable care including in relation to their return, we reserve the right to either refuse your return and refuse to refund you or reduce any payment due to you by the amount of the depreciation in the value of the Product(s), subject to any applicable legal provisions.
Other returns: If the Products you have received do not correspond to those you ordered or if your delivery is incomplete or has been damaged in transit, please contact our customer service department immediately by e-mail, by clicking the customer service tab, in order to contact TSL. The customer must then fill in their personal details, selecting Make a return.
Selecting Make a return on the site sends an e-mail to TSL customer service, which will then send the customer by e-mail the specific form for the return of goods. The customer must then print and attach the return form to be placed in the package.
10. Guarantees and Legal Rights
The products sold by the TSL company benefit from the legal guarantee of conformity provided for in Articles L217-4 to L217-12 of the French Consumer Code and the legal guarantee of hidden defects in the item sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code, provided that the use was normal and that the maintenance advice was followed by the customer.
TSL products are guaranteed against any operating defect resulting in particular from a material, manufacturing or design defect under the conditions below. This guarantee is valid for 2 years from the delivery of the goods, in accordance with Article L. 217-4 and following of the Consumer Code. Replacement parts are available for 5 years.
The operating defect is only guaranteed in the context of proper use and normal maintenance.
The guarantee is excluded:
- If the product has been repaired or modified by the Buyer or by third parties commissioned by the Buyer.
- If it concerns parts manufactured by subcontractors or suppliers of the Seller, to which the normal warranty of the supplier or subcontractor is applicable.
- If the defective operation is the result of negligence or carelessness on the part of the Buyer.
- If the defective operation is the result of force majeure or an external event.
When a defect is noted by the Buyer, it is up to the latter to send the complaint, accompanied by the invoice, to the Seller by registered letter with acknowledgement of receipt within 45 days of the date on which the defect appears.
Under the terms of the guarantee, the Seller shall replace free of charge and as soon as possible, the parts recognised as defective by its technical services. This guarantee applies in all countries, regardless of the country in which the product was purchased, and regardless of where you are when the damage occurs. In addition, certain special agreements between TSL and its resellers may derogate from this rule depending on the legislation of countries outside the European Community.
Article L. 217-4 of the French Consumer Code: “The seller is obliged to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been made liable for it by the contract or it has been carried out under its responsibility”.
Article L. 217-5 of the French Consumer Code: “The product is in conformity with the contract:
1° if it is fit for the use usually expected of a similar product and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2° or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the product.”
Article L. 217-16 of the French Consumer Code: “When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run 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.
Article 1641 of the French Civil Code: The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use , that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 (1) of the French Civil Code: An action resulting from redhibitory defects must be brought by the Buyer within two years from the discovery of the vice.
11. Personal data
12. Our Liability
These Terms and Conditions of Sale set out our full obligations and responsibilities in relation to the supply of the Product(s). We disclaim all warranties of any kind, whether express or implied, and all conditions or stipulations other than those expressly stated in these Terms and Conditions of Sale. Specifically, we are not liable for the suitability of the Products for the purposes for which you intend them to be used, unless you have informed us of such purposes at the time of entering into the contract of sale and we have accepted them.
Although we endeavour to check the accuracy of the information we publish on the Online Shop, we do not warrant that the Online Shop will meet all your requirements or that it will be uninterrupted, slow or error-free, or that any defects will be corrected, or that the site or server that makes it available will be free of viruses or bugs or will have full functionality, accuracy and/or reliability of the Online Shop. We shall not be liable for any loss of content or material downloaded or transmitted through the Online Shop.
We shall not be liable, whether in contract, tort or otherwise, for any loss of revenue, loss of profits, loss of contracts, loss of business or anticipated savings, loss of data, loss of goodwill or reputation or any other type of indirect or consequential loss or damage whatsoever. However, nothing in this Section shall affect your rights and nothing in these Terms and Conditions of Sale shall exclude or limit any liability which cannot be limited or excluded under applicable law, including but not limited to liability for death or personal injury and liability for gross negligence or fraud.
13. General provisions
The Online Store may only be used for lawful purposes and in a manner consistent with the law. You agree to comply with all laws, statutes and regulations applicable to the Online Store and any transaction conducted through the Online Store.
In the event that any provision(s) of these Terms and Conditions of Sale is (are) held to be invalid, unlawful or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
With respect to purchases made through the Online Store, we will communicate electronically, by sending e-mails or through other electronic publications.
14. Customer service
Our Customer Service will assist you with any questions you may have regarding any order on the Online Shop. You can contact us by e-mail: firstname.lastname@example.org or by telephone, Monday to Friday between 9am and 5pm, excluding public holidays: +33 450 10 28 28
15. Governing law
These T&C are executed and interpreted in accordance with French law.
T&C update: March 2022