General terms and conditions of online sales
The present general terms and conditions of sale are up to date as of 13 July 2018.
1.1. These General Terms and Conditions of Sale (hereinafter “GTC”) are offered by the company SAS FOOTSHAKE (hereinafter “The Company” or “FOOTSHAKE”), SAS with a capital of 11,921 euros, registered with the Nanterre Trade and Companies Register under number 821 683 265, whose registered office is 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine. Its e-mail address is email@example.com and its individual intra-community VAT identification number FR59821683265.
1.2. The Company is the owner and publisher of thefootshake.com website (hereinafter ” the Website ”). The Site is hosted by Shopify Inc, 150 Elgin Street, Suite 800, Ottawa, Ontario, K2P 1L4 – Canada, which can be reached at +1-888-329-0139 or by email at: https://support.shopify.com.
1.3. The director of the publication is Mr Moulay Mansouri.
1.4. The Site offers the Customer (hereinafter ”the Customer”) the possibility of purchasing sports articles and clothing as well as various promotional items (hereinafter the ”Products”).
1.5. Before any use of the Site, the Customer must ensure that he has the technical and IT means to use the Site and to order the Products from the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF THE GVC’S
2.1. The purpose of these GCS is to define all of the conditions under which the Company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order (”Order ”) of Products placed on the Site by the Customer.
2.3. Validation of the Order therefore implies acceptance of these Terms and Conditions of Sale. These are regularly updated and the applicable GTC are those in force on the Site on the date the Order is placed.
2.4. Any condition to the contrary imposed by the Client would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at a given time of any provision of these GTC cannot be interpreted as a waiver of the right to avail itself of any provision of these GTC at a later date.
3. CREATING AN ACCOUNT
When placing an order, the mandatory fields must be filled in truthfully.
The Company cannot guarantee proper performance of the Services if the fields filled in by the Client are not filled in completely or are incorrect. Delivery may be delayed or cancelled without the Company being held liable in the event of erroneous information being provided by the Client.
The Client guarantees that he is of legal age and in a position to contract these conditions.
It is forbidden to use a false identity or the identity of another person. Should such a case be discovered, possible legal action may be taken against the Client.
4. ORDERING PRODUCTS ON THE SITE
4.1. The Products offered for sale are described and presented as accurately as possible. Nevertheless, a minor variation in the colors of the Products shall not incur the liability of The Company and shall not affect the validity of the sale.
4.2. The Company reserves the right to correct the content of the site at any time.
4.3. The Customer selects the Product(s) that he wishes to purchase and can access the summary of his Order at any time.
4.4. The summary of the Order presents the list of the Product(s) that the Customer has selected and includes any additional costs such as the delivery price in addition to the price of the Product(s) in the Order. The Customer has the possibility to modify his/her Order and to correct any errors before proceeding to the acceptance of the Order.
4.5. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the box for validation of the GCS, then by clicking on the icon for validation of the Order. The words ”Order with obligation to pay” shall appear next to the Order confirmation icon to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
4.6. After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Client and is irrevocably binding on them.
4.7. After validation of the Order and in order to proceed with payment, the Client enters the details to which he wishes to obtain delivery of the Product(s) ordered, and the invoicing details if different. The delivery process for the Product(s) is described below.
4.8. The Customer validates his delivery and invoicing details, where applicable, by ticking the box for validating the details.
4.9. After validating his delivery and, where applicable, invoicing details, the Customer proceeds to the payment of his Order according to the terms and conditions specified in the following articles of these GCS. The Company shall then send him/her an Order confirmation by email, including the details of the summary of his/her Order, the delivery address and, where applicable, the invoicing address provided.
4.10. The Customer is informed that the Site may offer Products for presale. The payment of the price by the Customer is equivalent to a reservation. The Site will specify the deadlines before receipt of the Product. The sums paid for the reservation are a deposit. The Company does not offer any discount.
5. PRICE AND TERMS OF PAYMENT OF THE ORDER
5.1. The prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included for mainland France, excluding shipping costs.
5.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, provides and validates his delivery and, where applicable, billing details and proceeds with payment. This total amount is indicated inclusive of all taxes.
5.3. The Order for Products on the Site is payable in euros. Payment in full must be made by the Client on the day of the Order by credit card, unless special terms of sale are expressly accepted by the Client and the Company.
5.4. The Site uses the security system of PayPal and Stripe, a service provider specializing in online payment security. This system guarantees the Client the total confidentiality of his bank information. The credit card transaction carried out between the Client and the secure system is therefore entirely encrypted and protected. This means that the information related to the Order and the credit card number do not circulate on the Internet. The Client’s bank details are not stored electronically by the Company.
5.5. The Client guarantees the Company that it has the necessary authorizations to use the payment method when placing the Order.
5.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5.7. The Company reserves the right to cancel any suspicious order (orders of more than 100€ or concerning more than five identical products) whose purpose is the illegal resale of its products on other platforms or websites.
6.1. The Products offered on the Site may be delivered to metropolitan France as well as to certain Member States of the European Union or any other country indicated on the delivery page here.
6.2. The Company intends to deliver the Products within a period not exceeding 3 to 7 working days from the Order date, except in the case of pre-sales, this period being indicative and not binding on the Company.
6.3. The Customer is informed by email, when his Order is ready, of its dispatch. The product(s) ordered shall be delivered to the delivery address indicated by the Customer when placing the Order. Delivery is made by GLS or Mondial Relay, at the Customer’s choice. The Customer can track his/her Order in real time.
6.4. The Customer must ensure that the information communicated and mentioned in the confirmation email is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email to the customer service email address without delay. Failing this, in the event of a delay and/or error in delivery, the Client may under no circumstances engage the Company’s liability in the event of non-delivery, and the Company’s Customer Service Department will contact the Client for a second delivery at the Client’s expense.
6.5. The Company shall also not be liable if the non-receipt of the Products is due to the actions of a third party outside its intervention or in the event of theft.
6.6. If the Order is returned due to the Client’s absence, the Company’s customer service department will contact the Client for a second delivery at the Client’s expense.
6.7. The Client may track the delivery of his Order by contacting Customer Service.
7. CUSTOMER SERVICE
7.1. For any request for information, clarification or complaint, the Client should contact, as a priority, the Company’s Customer Service Department, in order to enable the latter to try to find a solution to the problem.
7.2. The Company’s Customer Service Department is accessible from Monday to Friday, from 9:00 am to 5:00 pm using the following contact details:
– email: firstname.lastname@example.org
– address: 32 boulevard de Strasbourg, 75010 Paris
8. LEGAL AND COMMERCIAL GUARANTEES
All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: ”The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was the responsibility of the seller under the contract or was carried out under its responsibility ”.
Article L.217-5 of the French Consumer Code: ” The goods comply with the contract:
1° If it is fit for the use usually expected of a similar good and, where 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 the light of public statements made by the seller, the producer or his representative, particularly 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 knowledge of the seller and accepted by the latter ”.
Article L.217-12 of the French Consumer Code: ”Action resulting from the lack of conformity is time-barred after two years from the delivery of the goods”.
Article 1641 of the Civil Code: ”The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it or would only have paid a lower price for it, if he had known about them”.
Article 1648 of the Civil Code, first paragraph: ”Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
If a Customer believes that he has received a product that he considers to be defective or non-conforming, he must contact the Company as soon as possible after receipt of the Order at the following e-mail address: email@example.com, or by registered mail with acknowledgement of receipt to the following address: 176 Avenue Charles de Gaulle, 92200 Neuilly-Sur-Seine, specifying the defect or non-conformity in question.
It will be up to the Client to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Client must give the Company every facility to proceed with the discovery of these defects or non-conformities and to remedy them if necessary. He shall refrain from intervening himself or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the Company, the Company will then send the Client its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed to replace the product for which the Company would have been led to note the lack of conformity or the defect.
In the event that it is impossible to exchange the product, the Company shall be obliged to reimburse the Client within fourteen days of receipt of the product. Reimbursement will be made on the Company’s proposal by crediting the Client’s bank account, the Client may opt for another method of reimbursement than the one proposed.
9. OBLIGATIONS OF THE CUSTOMER
9.1. The Customer undertakes to comply with the terms of these GCS.
9.2. The Customer undertakes to use the Site and the products in a manner that complies with the Company’s instructions.
9.3. The Client agrees that he shall only use the Site for his own personal use, in accordance with these GCS. In this respect, the Client agrees to refrain:
– Use the Site in any illegal manner, for any illegal purpose or in any manner inconsistent with these GCS.
– To sell, copy, reproduce, rent, lease, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
– Attempt to obtain unauthorized access to the Site’s computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
– To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
– To infringe the Company’s intellectual property rights and/or to resell or attempt to resell the products to third parties.
– To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.
9.4. If, for any reason whatsoever, the Company considers that the Client does not comply with these Terms and Conditions of Sale, the Company may at any time, at its sole discretion, withdraw its access to the Site and take any measures, including any civil and criminal legal action against it.
10. RIGHT OF RETRACTION
10.1. In accordance with articles L.121-18 et seq. of the French Consumer Code, the Customer has a period of 14 clear days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify his reasons or pay any penalty.
10.2. In order to exercise his right to withdraw from the Order, the Customer must notify his decision to withdraw by means of an unambiguous statement, without having to justify his reasons. The Client may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 176 Avenue Charles de Gaulle, 92200 Neuilly-Sur-Seine or by e-mail to firstname.lastname@example.org.
10.3. The Client has a retraction form on the Site, to be completed. Once completed, the withdrawal form, which constitutes a withdrawal decision, can be sent directly to the Company by clicking on the send icon provided for this purpose. The form can be found at the following address: FORM
10.4 In accordance with article L221-5 of the Consumer Code (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site to be sent to the email address email@example.com:
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of Footshake, At ABC Liv, 176 Avenue Charles de Gaulle, 92200 Neuilly-Sur-Seine.
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of the Customer(s):
Address of the Customer(s):
Signature of the Customer(s) (only if this form is notified on paper):
(*) Delete as appropriate.
If the Client notifies the Company of his decision to withdraw, by whatever means, the Company will immediately send him an acknowledgement of receipt of the withdrawal on a durable medium (including by email).
10.5. The Client must return the product(s) in the same condition as that in which it received them, and with all packaging, accessories and instructions (even if the product(s) has or have been unpacked), as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract, to the following address FOOTSHAKE at SupplyWeb, 4 rue Newton, 14120 MONDEVILLE. In accordance with the law, the Customer shall bear the cost of returning the product(s).
10.6. The Customer is invited to indicate the reason for the return/withdrawal, in order to help the Company to improve its service.
In the event of withdrawal by the Client, the reimbursement of the Product(s) that was (were) the subject of the right of withdrawal shall be made by the Company by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any event, this refund will not incur any costs for the Client. Reimbursement shall be made as soon as possible, and no later than 14 days from the day on which the Company is informed of the Client’s decision to withdraw from the Order.
10.7 In accordance with article L.221-23 of the French Consumer Code, the Client is informed that it is only liable to the Company for any depreciation of the product(s), returned following the exercise of its right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of such product(s).
11.1. The Company implements all measures to ensure that the Client is supplied with quality products under optimum conditions. However, the Company may not be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party not party to the contract, or to a case of force majeure. More generally, if the Company’s liability were to be engaged, it could under no circumstances agree to compensate the Client for indirect damage or damage whose existence and/or quantum would not be established by evidence.
11.2. The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
11.3. The setting up of such links or the reference to any information, articles or services provided by a third party cannot and may not be interpreted as an express or tacit approval by the Company of these sites and elements or their content.
11.4. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information disseminated on these websites.
11.5 It is expressly stipulated that the Company may under no circumstances be held liable, in any way whatsoever, in the event that the Clients’ computer equipment or electronic mail system rejects, for example due to an anti-spam filter, e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary statement referred to in article 4.9 of these GCS and the dispatch follow-up e-mail.
11.6 The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
12. PERSONAL DATA – COOKIES – SECURITY
12.1. The Company attaches great importance to respect for privacy and takes all the technical and organizational measures necessary to ensure the confidentiality and security of the personal data of the Clients. The processing of personal data carried out by FOOTSHAKE complies with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978 as amended by Act 2004-801 of 6 August 2004 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “Regulation”).
12.2 It is recalled that in the context of the supply of products, the Company collects personal data from Customers and in particular the following data:
1. Surname, first name
2. Address (street + CP + city + country)
3. Mobile phone number
4. Sex (gender)
6. Login data
7. Social Account ID (Facebook, Twitter, Instagram, Youtube)
9. Date of birth
The User is informed that the personal data indicated as mandatory collected on the Site are:
– necessary for the management of the order,
– used only in the context of the order and,
– intended exclusively for the FOOTSHAKE company, its subcontractors and service providers who take the necessary precautions to preserve the security of data.
The nominative information collected in this context is kept in accordance with the rules prescribed by the law “Informatique et Libertés”, and by the Regulations and for a period justified by the purpose of their treatment.
12.3. The Company collects and processes the personal data of the Clients for the following purposes:
– Provision of products and services on the Site.
– Management of Orders.
– Management of returns, exercise of the right of withdrawal, payment, invoicing…
– Information on the Company, the services, and the activities of the Company.
– Answering any questions/complaints from Customers.
– Elaboration of statistics.
– Management of customers’ requests for rights.
– Management of unpaid invoices and litigation.
12.4. The personal data of the Clients are kept for the duration strictly necessary for their processing.
12.5. Customers’ personal data is intended for use:
– the Company (and in particular its sales department),
– the external services responsible for fulfilling the company’s social, accounting and tax obligations (in particular the statutory auditor).
The Company may also communicate your personal data to third parties within the framework of legal obligations and in order to cooperate with the administrative and judicial authorities.
12.6. The personal data for which FOOTSHAKE is responsible for processing is located in countries offering an adequate level of protection either because it complies with the provisions of EU Regulation 2016/679 or the amended “Informatique et Libertés” Law, or because it is recognized as adequate by the European Union. In the event that the personal data may be located, by FOOTSHAKE or one of its subcontractors, in countries offering levels of protection that are not equivalent to the level of protection of personal data in the European Union, FOOTSHAKE undertakes that, where applicable, the said transfer is governed by the Data Protection Shield set up between the European Union and the United States (“Privacy Shield”) or by the signature of standard contractual clauses established by the European Commission or by the implementation of internal company rules (“BCR”) and/or that the subcontractor guarantees that the said governing measures have been taken.
Any complaints and requests to exercise a right provided for in the regulations on personal data can be sent to the following address: firstname.lastname@example.org.
12.8. In case of violation of personal data, likely to cause a risk to your rights and freedoms, FOOTSHAKE notifies, under the conditions of Article 33 of the Regulation, the violation to the CNIL as soon as possible, and, if possible, no later than 72 hours after becoming aware of it. FOOTSHAKE will also inform the customer as soon as possible in accordance with the provisions of Article 34 of the Regulations.
Without prejudice to any other administrative or jurisdictional recourse, if you consider that the processing of your Personal Data constitutes a violation of the provisions of the legislation in force, you have the possibility of lodging a complaint with a competent supervisory authority such as the Commission Nationale de l’Informatique et des Libertés (CNIL).
12.9. The Company takes care to secure the personal data of the Customers in an adequate and appropriate manner and has taken the necessary technical and organizational precautions to preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
12.10. Obligations of the Clients:
– Customers acknowledge that the personal data disclosed by them are valid, up to date and adequate.
– Clients undertake not to infringe the privacy, image and protection of personal data of any third party and thus not to communicate to the Company any data of third parties without their consent.
12.11. Each computer connected to the Internet network has an IP address. As soon as a Client browses the Site, the Company collects the Client’s IP address in order to analyse traffic on the Site and to monitor the Client’s activity on the Site in order to ensure that the Client does not carry out any acts that may undermine the General Terms and Conditions of Sale appearing on the Site.
12.12. COOKIES AND STATISTICAL TOOLS
12.12.2 In accordance with CNIL ruling no. 2013-378 of 5 December 2013, the Company also informs Clients that cookies record certain information that is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Site as well as the Company’s other services. An alert message asks each person visiting the Site, in advance, whether they wish to accept cookies. These cookies do not contain any confidential information concerning the Clients.
12.12.3. The Client going to the home page of the Site will be informed:
– the precise purposes of the cookies used.
– of the possibility of opposing these cookies and changing the parameters by clicking on a link in the banner.
12.12.4. In order to guarantee the free, informed and unequivocal consent of the Customer, the banner will not disappear until the Customer has expressly made his/her choice.
12.12.5. Cookies will not be deposited or read unless the Customer has given his prior consent:
– if the Customer goes to the Site (home page or directly to another page of the Site) and does not continue browsing: a simple absence of action cannot be considered as a manifestation of will.
– or if he clicks on the link in the banner allowing him to set the cookies and, if necessary, refuses to accept cookies.
The Customer undertakes not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company’s information system. Nor may the Client harm or hinder the Company’s information system. Failing this, the Company may take any measure against him/her and in particular engage his/her criminal liability under articles 323-1 and following of the Penal Code.
13. INTELLECTUAL PROPERTY
13.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
13.2. The name and trademark FOOTSHAKE, logos, designs, models, stylised letters, figurative trademarks and all signs represented on this Site are and will remain the exclusive property of the Company.
13.3. No title or right whatsoever in any element or software will be obtained by downloading or copying elements of this Site. It is strictly forbidden for the Client to reproduce (except for its personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work on this Site and the elements and software it contains, or sell or participate in any sale in connection with this Site, the elements of this Site or any software related thereto.
13.4. The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may under no circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
13.5. Any use by the Client of company names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior agreement of the Company.
14.1 By ticking the box provided for this purpose or by expressly agreeing to this, the Client agrees that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to its activity.
14.2. When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, the Client agrees to receive commercial offers from the Company for products similar to those ordered.
14.3. Subscribed members will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
15. APPLICABLE LAW AND JURISDICTION
15.1. These GTC are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.
15.2 In the event of a dispute that may arise in connection with the interpretation and/or execution of these GTC or in relation to these GTC, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. In particular, the Client may contact the Centre de Médiation et d’Arbitrage de Paris, 39 avenue Franklin Roosevelt, 75008 Paris, 01 44 95 11 40, email: email@example.com.
15.3. In the event that this mediation procedure fails or if the Client wishes to take the matter to court, the rules of the Code of Civil Procedure shall apply.