Terms and Conditions
A – OBJECT
- Our General Terms of Sale (CGV) are intended to describe the terms of remote sale of goods and services between the company ERYX, referred to as “the Seller” or “the Site”, and any individual or legal entity with the legal capacity to proceed with the a purchase via the website www.eryxfitness.com, referred to as “The Customer.” They express the full obligations and rights of the parties and exclusively govern their relationship.
- The purpose of these GVCs is to define the rights and obligations of the parties in connection with the online sale of goods offered by the Seller to the Customer, from this website.
- These GVCs express the full obligations of the parties. In this sense, the Client is deemed to accept them without reservation.
- These GVCs apply to the exclusion of all other conditions governing the sale of goods and services offered for sale through another distribution channel.
- The Site may have to adapt or modify these GVCs at any time, as the applicable GVCs are those in effect on the day of the customer’s order.
- These CGVs concern only purchases made by buyers located in France and delivered exclusively on French territory.
- The Customer states that he has been aware of these GVCs and has accepted them before purchasing the property or placing an order. This acceptance is manifested by the fact of checking the box “I read and I accept the General Terms of Sale” when confirming the order. They are enforceable under the terms of Article 1119 of the Civil Code and contain all the information listed in Article L. 221-5 of the Consumer Code.
Article L221-5 of the Consumer Code (recalled for information)
Prior to the contract to sell or provide services, the professional communicates to the consumer, in a readable and understandable way, information:
(1) The information provided Articles L. 111-1 and L. 111-2;
(2) When the right to withdrawal, the conditions, the time frame and the terms of the exercise of this and the standard retraction form, including the conditions of the and the mentions it contains are set by decree in the Council State;
(3) If necessary, the the consumer bears the cost of returning the property in the event of a withdrawal and, for remote contracts, the cost of returning the property where the latter, by its nature, cannot normally be dismissed by the The post office
(4) Information on obligation of the consumer to pay a fee when the consumer exercises his or her right to withdraw a contract for the provision of services, distribution water supply, gas or electricity supply and subscription to a water supply system. which he specifically requested to be carried out before the end of the time to withdraw; these fees are calculated according to the terms and conditions set out Article L. 221-25;
(5) When the right to retraction cannot be exercised pursuatarticle L. 221-28, information that the consumer does not have this right or, the circumstances in which the consumer loses his or her own right to withdraw;
(6) Contact information professional, if any, the costs of using the technique remote communication, the existence of codes of conduct, the case guarantees, termination terms, methods of termination, disputes and other contractual conditions, including the list and content are set by decree in the Council of State.
In the case of a sale public auctions as defined by the first paragraph of Article L. 321-3 of the Code of Commerce, identity and information professional postal, telephone and electronic contact information provided Article 111-1 can be replaced by those of the agent.
b – The order
- The Customer places his order according to the specifications mentioned on the Site, for any product listed in it and within the limit of available stocks. If an ordered product is unavailable, the Customer is informed.
- for the order must be validated, the Customer will have to accept, by clicking on the Terms and Conditions of Sale. He will also have to choose address and delivery method, and finally validate the payment method.
C – Price
- the Seller reserves the right to change its prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.
- The prices are shown in euros. Prices take into account VAT applicable to the order day and any change in the applicable VAT rate will be automatically passed on to the price of the products in the online store.
- The prices do not take into account the delivery fee, charged in addition, and pre-validation of the order.
- Has at no time can the sums paid be considered as a deposit or down payments.
D – Payment
- The products and/or services presented on the site are payable to order.
- there sale will be considered final:
- After sending the Customer confirmation of the Seller’s acceptance of the order by email;
- and after the Seller collects the entire price.
a) Payment terms
- To pay for his order, the Customer has, at his choice, all the payment methods made available to him by the Seller and listed on the site.
- Payments made by the Customer will not be considered final until after the actual cashing in of the sums owed.
- The Customer assures the Seller that he has the necessary authorizations to use the payment method chosen by him, when validating the purchase order.
- The Site reserves the right to suspend all order management and delivery in the event of refusal of authorization to pay by credit card on the part of officially accredited organizations or in case of non-payment.
- In particular, the Seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid a previous order in full or partially or with whom a payment dispute is pending. administration.
- The Site has put in place an order verification procedure to ensure that no one uses another person’s bank details without their knowledge. As part of this verification, the Client may be asked to email us a copy of an ID and a proof of residence. The order will then be validated only after receipt and verification by the Seller of the parts sent.
c) Property reserve
- It is not to be so agreed that products and goods delivered and billed to the Customer would remain Seller’s property until they pay their full price.
- The defect payment may result in the claim of goods and goods.
- The provisions above do not stand in the way, from delivery, at the transfer to the Customer the risk of loss or deterioration of the products as well as damage they could cause.
E – Signature Electronic
- The online provision of the customer’s credit card number and the final validation of the order will be valid for proof of the Customer’s agreement with respect to:
- the amount set out for the purchase order,
- signing and expressacceptance of all transactions performed.
- in fraudulent use of the credit card, the Customer is invited, as soon as the observation of this use, to contact us at the following address: i email@example.com.
F – Confirmation Order
the Seller sends the Customer a copy of the contract, on paper signed by the parties or, with the customer’s agreement, on other sustainable support, confirming express commitment of the parties.
G – Evidence of the transaction
The computerized records, stored in the Site’s computer systems in reasonable security conditions, will be considered as evidence communications, orders and payments between the two Parties.
Archive purchase orders and invoices are made on reliable and reliable support. sustainable evidence.
H – Information on products
- The products governed by these CGVs are those listed on this website. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with respect to this presentation, the Site could not be held liable
- The product photographs are not contractual.
I – Making products available and delivered
a) Terms and conditions
We deliver in France and abroad. For a delivery outside France, please contact us before. The delivery fee is borne by the Customer and varies depending on the type of order (more information directly on the item sheet of the property). They are indicated to the Customer at the time they check the availability of their product.
the availability time is indicated at the time of the stock’s consultation by the client.
If the ordered product is unavailable, the Customer will be informed as soon as possible and will have the option to cancel their order. The Customer will then have the opportunity to request a refund of the sums already paid within thirty (30) days of payment, i.e. the exchange of the product. In the event of an inability to exchange, the Seller reserves the right to cancel the order and refund the sums paid.
in if the deadline for making available or delivering is exceeded, if this overrun is not due to a case of force majeure, the Customer will have to the Seller to deliver it within a reasonable additional time, recommended letter with acknowledgement.
if delivery is not carried out within this time frame, the Customer will be able to report the recommended letter sales contract with acknowledgement at 5, St Joseph’s Lotestate, Les Martines, 84120, PERTUIS.
The sale will be considered cancelled if the provision or delivery has not taken place before receiving the letter recommended by the Seller. The refund of the product will be made as soon as possible and no later than 14 days after the Customer’s request for cancellation.
d) Risk transfer
there delivery is deemed to be carried out by the carrier’s provision goods ordered from the customer. It materializes with the signature of the delivery voucher by the customer.
The(s) controlled travel products at the shipper’s peril; he it is therefore up to the Customer to make any findings in the event of damage to the Customer. and return the goods to the shipper following the procedure. described below.
J – Terms delivery
- Delivery refers to the transfer of physical possession or control of the property to the consumer. It is only made after confirmation of payment by the Seller’s banking body.
- The ordered products are delivered according to the terms and conditions presented on the site.
- The products are delivered to the address indicated by the Customer on the order order, the customer will have to ensure its accuracy. Any parcels returned to the Seller because of an incorrect or incomplete delivery address will be re-shipped at the Customer’s expense. Customers can, at their request, get an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.
- If the customer is absent on the day of delivery, the delivery driver will leave a notice of passage in the mailbox, which will allow him to remove the parcel at the indicated location and during the specified time.
- If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the items. If they have been damaged, the customer must refuse the parcel and note a reservation on the delivery slip (colis refused because open or damaged).
- The customer must indicate on the delivery voucher and in the form of handwritten reserves accompanied by his signature any anomalies concerning the delivery (damage, product missing in relation to the delivery voucher, damaged parcel, broken products…). The Customer will then have to confirm these reservations to the carrier by registered mail no later than two business days after receiving the item or items and send a copy of this mail by fax or simple mail to the Seller at the address indicated. Legal Mentions of the site.
- if products need to be returned to the Seller, they must be subject to request to return to the Seller within 7 days of the delivery. Any claim made outside this deadline cannot be accepted. The return of the product can only be accepted for the products in their state of origin (packaging, accessories, notice…).
K – Errors delivery
- The Customer must make any claim to the Seller on the same day of delivery or no later than the first business day following the delivery, and to make any claim of delivery error and/or non-compliance with the products in kind or in quality with respect to the indications. on the purchase order. Any claim made beyond this period will be dismissed.
- The claim can be made, at the customer’s choice:
- Phone number: ’33 6 46 61 06 05
- email address: firstname.lastname@example.org
- Any claim not carried out according to the rules set out above and within the time frame cannot be taken into account and will free the Seller from any responsibility to the Customer.
- Has receipt of the claim, the Seller will assign an exchange number of the affected products and will communicate it by email to the Customer. The exchange a product can only take place after the exchange number has been astounded.
- in in case of delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller as a whole and in its packaging 5, St Joseph’s Subdivision, Les Martines, 84120, Pertuis.
- The return costs are, in this case, our responsibility.
L – Guarantee Legal
the Seller is the guarantor of the compliance of the assets with the contract, allowing the Customer to make an application under the legal guarantee of compliance Articles L. 217-4 and the following of the Consumer Code or Consumer Code. guarantee of the defects of the thing sold in the sense of articles 1641 and Civil Code.
in implementation of the legal guarantee of compliance, it is recalled that:
- The Client has 2 years from the issuance of the property to act;
- The Customer can choose between repairing or replacing the property, subject to the cost conditions of Article L. 217-17 of the Consumer Code;
- The Client is exempt from reporting proof of the property’s non-compliance during the 24 months following the issuance of the property. For used goods, this deadline is set at 6 months.
The Customer may also decide to implement the hidden defect guarantee of the thing sold within the meaning of Article 1641 of the Civil Code, allowing it to choose between the resolution of the sale or a reduction in the selling price Article 1644 of the Civil Code.
M – Right of withdrawal
a) Withdrawal period
- In accordance with Articles L.221-18 and following of the Consumer Code, the Customer has 14 days to exercise his right of withdrawal, from the day after the customer or a third party, other than the carrier, receives the property, designated by him or from the day after he subscribed to the loyalty program on the Site.
- In the case of an order for several goods delivered separately or in the case of an order for a property consisting of multiple batches or parts whose delivery is staggered over a defined period of time, the period is short from the receipt of the last good or lot or the last piece.
b) Contracts not covered by the right of withdrawal
the right of withdrawal cannot be exercised in the following cases:
- Contracts to supply goods made to consumer specifications or clearly customized (special orders)
- Contracts for the supply of goods that could deteriorate or expire rapidly
- Contracts to provide audio or video recordings or computer software when they have been unsealed by the consumer after delivery
- Contracts for the provision of service fully executed before the end of the withdrawal period and whose execution began after the consumer’s express prior agreement and expressly waiving the consumer’s right to withdraw
- Contracts for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period
- Contracts to supply a newspaper, periodical or magazine, except for contracts to subscribe to these publications.
- Contracts for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection
- Contracts for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items
- Contracts for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional
c) Terms of exercise of the right of withdrawal
- The Client exercises his right of withdrawal without having to justify his decision and without having to bear any costs other than the costs of returning the property.
- The Customer informs the Seller of his decision to withdraw by sending him, before the end of the fourteen-day period, the retraction form received with the confirmation of his order according to the model attached below or by the form to be downloaded in clicking here or by any other statement, unambiguous in which he expresses his willingness to retract.
- In the event of a retraction by the Customer transmitted online, the Seller will communicate to the Customer an acknowledgement of receipt of the retraction by email.
- The charge proof of the exercise of the right of retraction weighs on the Client.
Model retraction form
(Please complete and return this form only if you wish to withdraw from the Contract.)
To the attention of [A PRECISER].
I/We notify you of the retraction of the contract for
Selling of the property()/for the service delivery () below Ordered on ()/received the carrying
The number Next Order Name of Customer’s Address Signing the
(customers) (only if this paper form is notified) Date.
(d) The removal of the property or property by the Client
The Customer returns the goods to the Seller within 14 days at the latest from the notification of his retraction according to the terms defined on the site.
e) Customer refund
- Where the right of withdrawal is exercised for one (or) property, the Seller is required to reimburse the Customer for all the sums paid, including delivery costs, without undue delay and no later than 14 days from the date to the he was informed of the Client’s decision to retract.
- The Seller may defer the refund until the property is recovered or until the Customer has provided proof of the shipment of these goods. The refund will be made by the Seller using the same payment method used by the Customer for the initial transaction.
- Limits on the right to reimbursement
- It is recalled in addition to the cases stated above, that the customer’s responsibility may be incurred by the Site in case of:
- deterioration of property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these assets;
- any damage caused to the product as soon as the property is received by the Customer and until it is returned;
- incomplete restitution of the property and its accessories without its packaging, instructions, documentation;
- In such cases, the amount that may be withheld on the refund of the product or requested from the Customer may amount to:
- 100 of the price of the property in a damaged product
- 75 of the price of the property concerned in the case of a used product
- 50 of the price of the property in the absence of restitution of the accessories,
- 25 of the price of the property in the absence of restitution of its notice or documentation
- It is recalled in addition to the cases stated above, that the customer’s responsibility may be incurred by the Site in case of:
N – Responsibility
the Seller will not incur any liability for any indirect damages or costs, losses, including loss of data or information, and all damages or expenses arising from use or impossibility customer’s use of the product.
O – Strength Major
All circumstances beyond the control of the parties preventing the execution of the under normal conditions of their obligations are considered to be exemption from the obligations of the parties and result in their suspension.
there party who invokes the above circumstances must notify immediately the other part of their occurrence, as well as their disappearance.
Will considered to be a case of force majeure all facts or circumstances irresistible, external to the parties, unpredictable, inevitable, independent will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts. Expressly, are force majeure or fortuitous cases, in addition to those usually accepted by the jurisprudence of the courts and tribunals French: blocking the means of transport or supply, earthquakes, fires, storms, floods, lightning, stopping telecommunications networks or difficulties specific to telecommunications networks external telecommunications to customers.
The parties will come together to examine the impact of the event and agree conditions under which the contract will be continued. If the cases of major force has a duration of more than three months, the present CGV may be terminated by the aggrieved party.
P – Property Intellectual
the website content (technical documents, drawings, photographs, etc.) remains the property of the Seller, the sole owner of the intellectual property rights over this content.
the Customer undertakes not to make any use of this content; any reproduction content is strictly prohibited and is subject to to constitute a counterfeiting offence.
Q – Data personal in nature
A – Non-validation Partial
if one or more stipulations of these GVCs are held to be invalid or declared as such in accordancise with a law, regulation or as a result of a final decision of a competent court, the other stipulations will retain all their strength and reach.
S – Non-renouncement
the for one party not to avail itself of a breach by the other any of the obligations covered by these GVCs does not could be interpreted for the future as a renunciation of the obligation cause.
T – Title
in difficulty interpreting any of the titles clauses, and any of the clauses, the securities will be declared Nonexistent.
U – Applicable law
These GVCs are subject to the application of French law, excluding the provisions of the Vienna Convention. This is the case for substantive rules as well as for rules of form. In the event of a dispute or a complaint, the Customer will first contact the Seller for an amicable solution.
ANNEXE – Provisions legal guarantees
article L217-4 of the Consumer Code
seller delivers contract-compliant property and responds to non-compliance
existing during the issuance.
It also responds to non-compliance resulting from packaging, instructions for assembly or installation when it has been put to its contract or was carried out under his responsibility.
article L217-5 of the Consumer Code
The good complies with the contract:
(1) If it is specific to the usually expected use of a similar property and, in the case of Appropriate:
– if it corresponds to the description given by the seller and possesses the qualities The latter presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect in relation to the public statements made by the seller, the producer or his representative, especially in advertising or labelling;
(2) Or if it presents the characteristics defined by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted.
article L217-12 of the Consumer Code
The action resulting from the non-compliance is prescribed by two years from the end of deliverance of good.
article L217-16 of the Consumer Code
The buyer asks the seller, during the course of the commercial guarantee which
was granted to him when he acquired or repaired a piece of furniture,
a reclamation covered by the guarantee, any period of capital
at least seven days is in addition to the duration of the guarantee that remained at least seven days.
This period is short from the buyer’s request or making it available for repair of the property in question, if it is provision is after the request for intervention.
article 1641 of the Civil Code
the seller is bound by the warranty because of the hidden defects of the thing sold that make it unsuitable for its intended use, or that diminish it such a purpose that the buyer would not have acquired it, or would not have given that a lower price, if he had known them.
article 1648 of the Civil Code
The action defects must be brought by the purchaser in a two years from the discovery of the defect. In the case of Article 1642-1, the action must be brought, foreclosure, within one year of the date on which the seller may be able to be relieved of apparent defects or non-compliance.