g-TECH GENERAL TERMS AND CONDITIONS OF SALE (GTC) ONLINE
Version 2017-1; published and applicable from September 1, 2017
These General Conditions of Sale apply to all orders and sales contracts for Products available (hereinafter referred to as the “Product(s)”) in the Online Stores:
KINETIK at the following address:
http://www.kinetik-sport.com
GUIDETTI at the following address:
http://www.guidetti-sport.com
The Online Stores belong to and are operated by SAS G-TECH, registered in France under number 752 654 822 000 10 at the RCS of Grenoble (hereinafter referred to as “G-TECH” or “we” depending on the context).
During any sale made on the Online Stores, the parties to the sales contract communicate by electronic means (visiting the Online Stores, sending emails or electronic mailings), and you acknowledge that all contracts, notifications, communications of information and other types of exchanges that are made electronically comply with legal provisions that require such exchanges to be in writing.
The provisions of these General Terms and Conditions of Sale are not intended to (and should not be interpreted as such) affect the rights granted to you by law, rights which you cannot waive or which cannot be limited by contract.
1. Conditions of application
These General Terms and Conditions of Sale are applicable only to purchases made in the Online Stores mentioned above. G-TECH reserves the right to modify these General Terms and Conditions of Sale at its discretion.
G-TECH undertakes to specify the date of application of the new General Terms and Conditions of Sale above. Any amendment to these General Terms and Conditions of Sale will apply to orders placed from the date of application.
All information contained in advertising materials, brochures and other written documents of G-TECH, accessible on the G-TECH websites or which have been given to you, constitute only “invitations to enter into a commercial relationship/to negotiate” and not a real offer from
G-TECH regarding the supply of Products.
ANY ORDER FOR PRODUCTS CONSTITUTES UNRESERVED ACCEPTANCE BY THE BUYER OF THESE GENERAL TERMS AND CONDITIONS OF SALE
2. Ordering Procedure
KINETIK or GUIDETTI Products sold online by G-TECH will only be delivered in mainland France and Corsica.
To be able to purchase the Products, you must meet the following conditions:
• provide your surname, first name, exact address, telephone number, email address, bank details/payment information and any other information required on the site when creating the account;
• be at least 18 years old;
• provide a delivery address in mainland France or Corsica (G-TECH will be unable to deliver the Products to certain addresses, including P.O. addresses, post office boxes,
"mailbox", overseas military addresses, hotels, hostels and prisons); and:
• Be the holder or authorized user of a valid credit/debit card, if you are paying for the Products by credit/debit card.
To place an order, click on the "add to my basket" link/button after selecting your Products, then validate the overall order by accessing the payment page.
The order will not be considered registered and will therefore not be processed until payment has been validated.
It is your responsibility to check that your online payment has been made correctly.
When creating your account, you will also be asked to create a user ID and password. Please protect your password at all times and do not disclose it to anyone, as you are personally responsible for any purchases made with your user ID and password.
3. Validation of your order and formation of the sales contract
You acknowledge that your order constitutes an offer to purchase the Products indicated therein, subject to these General Conditions of Sale.
All orders must be accepted by G-TECH.
G-TECH reserves the right not to accept orders considered abnormal or made in bad faith.
After receiving your order, G-TECH will send you a confirmation email indicating your order number and details of the Products ordered.
All orders will only give rise to the formation of a valid sales contract with G-TECH when you receive an email Confirming your order from G-TECH.
You have the option to cancel your order before the email confirming your order is sent by G-TECH by contacting customer service:
assistadv@gtech-grenoble.com
contact@gtech-grenoble.com
4. Price, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time of the order. It is indicated on the order receipt and in the order confirmation email. G-TECH may change the price of its Products at any time, at its discretion and without prior notice. Price increases will only apply to orders placed after such changes have been made.
Product prices do not include shipping and handling charges but do include other applicable taxes.
Your G-TECH Order Confirmation email will detail the breakdown of the various charges applied (shipping, handling, applicable VAT and other taxes).
5. Product Availability and Delivery, Force Majeure
G-TECH does not guarantee the availability of a Product in the Online Store. G-TECH reserves the right to modify certain Products, to cease manufacturing or offering them for sale without prior notice and without incurring any liability.
For more information on the various delivery options, please refer to the "delivery" section.
G-TECH undertakes to indicate a maximum delivery time which may not exceed 30 days following the order, unless you expressly agree to a longer time.
If you unreasonably delay delivery or receipt of delivery after we have notified you that we have attempted to deliver the Products ordered, or if the delivery address you have provided to us is incorrect and has not allowed us to make delivery, the package will be returned to us. If the Products are not delivered within seven (7) working days from the first delivery attempt and are returned to us, we will consider that you have exercised your right to cancel the contract/withdrawal and, after receiving the undelivered package, we will proceed to your refund in accordance with our return policy, less the transport costs of the order and any additional return costs incurred by G-TECH.
G-TECH cannot be held liable in the event of force majeure, as defined by case law.
6. Conformity, Product Information
When ordering, please check that the Product purchased actually corresponds to the use for which you intend it. Please use the information available on the Online Store as the sole reference point to validate the compatibility of the Product with your intended use.
In the event of a discrepancy between the information provided by the Online Store and that presented by another G-TECH website (or any other source of information), the information from the online store will be considered as the sole reference regarding the use and destination of the Product.
After delivery, G-TECH recommends that you examine the packaging and the Products received within 7 (seven) days of receipt to verify that the delivery is complete, complies with the order, and that the Products are in good condition.
7. Payment
Only payments by credit cards accepted by G-TECH will be authorized on the Online Store. Please refer to the list of authorized cards on the Online Store (in the "My Order" tab). You must provide your payment card information when you place an order. Your payment card will be charged when the ordered Products are shipped. We will not ship the Products to you until your card-issuing bank has authorized its use for payment of the ordered Products.
The invoice for your order constitutes proof of purchase. You can view and download all your invoices by accessing your account at
http://www.kinetik-sport.com
or
http://www.guidetti-sport.com
with the credentials provided during your registration.
8. Transfer of Ownership
G-TECH retains full ownership of the Products until receipt of all amounts due for the ordered Products.
9. Return and Refund of Products, Other Options
If you have purchased Products for your personal use as a consumer, you have the right to withdraw and return the purchased Products within 15 calendar days of receiving the Products. If you wish to return a product, please refer to the return procedure or follow the instructions on the return form received with your package.
After receiving and validating the Products you wish to return, G-TECH will send you a return confirmation by email.
The refund of the Products will then be processed and confirmed by email. The full refund of the initial price (excluding shipping costs) will then be made within a maximum of 30 days of receiving the returned products.
When exercising your right of withdrawal, G-TECH offers you two refund alternatives of your choice:
Expressly authorize G-TECH to deliver a Product to replace the initial Product; or
Expressly authorize G-TECH to issue you with a credit note applicable to the purchase of any other Product in the Online Store.
WE DRAW YOUR ATTENTION TO THE FACT THAT YOU CANNOT EXERCISE YOUR RIGHT OF WITHDRAWAL FOR CONTRACTS FOR THE SUPPLY OF GOODS MADE ACCORDING TO CONSUMER SPECIFICATIONS OR CLEARLY PERSONALIZED ACCORDING TO THE LEGISLATION IN FORCE (ARTICLE 120-20-2 OF THE CONSUMER CODE
If the Products received do not correspond to the Products ordered, or if the delivery is incomplete or contains one or more Products damaged during transport, please contact G-TECH customer service as soon as possible either by email :
assistadv@gtech-grenoble.com
contact@gtech-grenoble.com
or phone: 04.38.02.02.32
10. Return of Products/How to return Products?
Products must be returned by you and at your expense using Colissimo, Colis Suivi, or Chronopost.
We invite you to opt for tracked shipping or with proof of receipt. In the event that your package is lost by the Post Office or any service provider to which you have entrusted it, we will not be able to process your exchange or refund without obtaining proof of sending and, above all, receipt.
You must return the Products in their original packaging. You must include all accessories, user manuals, and any gifts delivered in the same packaging.
When a Product purchased is part of a batch, all the Products comprising this batch must be returned. We ask you to kindly treat the Products with all necessary precautions and return them to us in the condition in which they were delivered to you. We recommend that you use, if possible, the original packaging or package them securely. Please ensure that the return code and your order number are clearly visible on the outside of the package.
To ensure a quick and secure return of the Products, we recommend that you follow the indicated return procedure and use the document provided by G-TECH for this purpose.
Any replacement or refund can only be processed once we have received all the Products to be returned.
In the event of replacement, the original Products will be replaced with identical new Products.
If the return of the Products is made under one of the conditions set out below, we reserve the right to refuse the returned Products and not to make any refund, or to deduct from the amounts to be reimbursed to you any reasonable repair costs or other similar direct costs incurred (subject to the provisions of applicable law):
1) you are not authorized to return the Products to us;
2) the Products are not in their original condition;
3) the Products are not packaged or have not been packaged appropriately;
4) certain Products that have been delivered are not returned to us;
5) you have not followed the returns procedure; or
6) you have not taken the necessary precautions for the storage or return of the Products.
If the return of the Products is deemed acceptable, we will refund the price actually paid for the Products, within 15 (fifteen) calendar days (see conditions above), by crediting your payment card.
G-TECH will exclusively process returns and refunds for products purchased on the Online Store.
11. Product Warranty and Statutory Rights
The limited manufacturer's warranty provided by G-TECH offered for the Products is either included in the user guide or in the packaging of the item, or will be provided to you in any other way.
No other warranties, conditions, or terms are binding on us. Any warranty or condition relating to the transaction that may arise from the application of the regulations or laws applicable in the country where you purchased the Products ordered (including, without limitation, any implied condition of quality, fitness/fitness for a particular purpose, and reasonable care) is hereby excluded to the extent permitted by applicable regulations. In particular, it is not our responsibility to verify that the Products ordered are suitable for the particular use for which you intend them.
If you believe that you are entitled to repair services under the manufacturer's limited warranty granted by G-TECH or because of the rights granted to you by law, we invite you to contact our after-sales service directly in all cases:
sav@gtech-grenoble.com
Specifying:
- date of purchase of the product
- product reference
- defect or problem encountered (excluding improper use of the product or accidental damage)
And providing, if possible, a photo of the product or defective parts.
12. Personal Data
The G-TECH Privacy Policy and any additional terms and conditions contained in these Terms and Conditions govern the use of your personal data. Purchasing Products from the online store implies that you accept the provisions of the G-TECH Privacy Policy.
13. G-TECH Liability
These Terms and Conditions define the scope of our obligations and liability in connection with the supply of the Products. Within the framework of applicable national laws, no warranties, conditions, or terms other than those mentioned in these Terms and Conditions are binding on us. In particular, it is not our responsibility to check that the Products are suitable for the purposes for which you intend them.
WE SHALL NOT BE LIABLE FOR THE TRANSMISSION OF FALSE OR ERRONEOUS INFORMATION OR FOR ANY MODIFICATION OF THE PRODUCTS AFTER DELIVERY.
We shall not be liable in contract or otherwise for any economic loss (including, but not limited to, loss of income, loss of profits, loss of contracts, loss of turnover or anticipated savings), loss of data or any other indirect loss or damage. However, nothing in this clause 13 will affect your statutory rights and is intended to exclude or restrict our liability.
14. General Provisions
If any provision of these General Terms and Conditions of Sale is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law. The remaining provisions will remain valid and fully enforceable.
15. Contacts
G-TECH customer service (via the contact section) will provide you with all the assistance you need for any questions regarding an order placed on the Online Store. You can contact us by email or telephone from Monday afternoon to Friday (except public holidays), from 9:00 a.m. to 5:00 p.m.
16. Applicable Law
These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law.
In the event of a dispute, the sole jurisdiction of the Commercial Court of GRENOBLE will have jurisdiction.