General Conditions of Sale - Online purchases

1. OBJECT

These general conditions of sale aim to define the rights and obligations of BOARDING RING and of the Customer of products presented by BOARDING RING on its site www.boardingglasses.com (hereinafter “The Site”). They apply exclusively between the company BOARDING RING, 661 chemin de Chateauvallon - 83190 Ollioules, registered with the RCS of Toulon under number 811 384 288 (hereinafter "BOARDING RING") and any natural person consumer visiting or making a purchase via said Site (hereinafter “the Customer”).

On the Site, BOARDING RING allows the Customer to order BOARDING RING brand products online (hereinafter “the Product(s)”) in accordance with these general terms and conditions.

Any order placed with BOARDING RING therefore entails the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without notice by BOARDING RING, the applicable conditions being those in force on the date of the order by the Customer.

These general conditions of sale are permanently accessible at the following address: www.boardingglasses.com/pages/conditions-generales-de-vente-achats-en-ligne in a computer format allowing them to be printed and/or downloaded. , so that the Customer can reproduce or save them.

2. PRODUCTS AND COMPLIANCE

2.1. The Products offered for sale are presented on the BOARDING RING website and accompanied by a description.

2.2. The Products offered by BOARDING RING comply with the standards applicable in France.

Items such as, in particular, photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.

Consequently, BOARDING RING cannot incur any liability in the event of error or omission of any of these elements or in the event of modification of the said elements by the suppliers and/or publishers.

2.3. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with the BOARDING RING Return Policy.

BOARDING RING strives to display the colors and images of BOARDING RING products as accurately as possible. BOARDING RING cannot guarantee that the color displayed by the Customer's computer screen will be accurate.

2.4. BOARDING RING reserves the right, without however being obliged to do so, to limit the sales of its Products to any person, geographical region or jurisdiction. BOARDING RING may exercise this right on a case-by-case basis.

2.5. BOARDING RING reserves the right to limit the quantities of Products offered and to interrupt any purchase at any time. All descriptions or prices of the Products may be modified at any time and without notice, at the sole discretion of BOARDING RING.

2.6. BOARDING RING does not warrant that the quality of any Products, services, information or other material purchased or obtained by Customer will meet Customer's expectations, or that any errors in the service will be corrected.

3. CUSTOMER OBLIGATIONS

3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.

3.2. The Customer undertakes to communicate to BOARDING RING the actual and necessary information for the performance of the service covered by these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone and valid email.

The Customer is responsible for the consequences arising from information transmitted that is false or inaccurate or whose recovery would be unlawful.

3.3. Once the order has been placed, BOARDING RING sends the Customer an e-mail confirming it. He informs him of the dispatch of the Products.

3.4. The Customer can modify his data in the "my account" section.

4. ORDERED

4.1. Any order will only be validated after acceptance of payment.

4.2. BOARDING RING reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.

4.3. BOARDING RING can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of the order confirmation.

If, despite BOARDING RING's vigilance, the products are unavailable, BOARDING RING will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, where applicable, for the sums already paid.

Definitive or temporary unavailability cannot under any circumstances engage the responsibility of BOARDING RING, nor can it give rise to any right to compensation or damages in favor of the Customer.

4.4. The order of Products must in no case be intended for resale whatsoever. BOARDING RING reserves the right to cancel any order made for this purpose and to refuse to deliver the Customer in its future orders.

4.5. Any corporate Customer wishing to negotiate a “corporate” rate must inform BOARDING RING of this prior to placing the order.

5. PRICE

5.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT), excluding shipping costs and promotion codes. Taxes specific to each territory of destination (import tax, dock dues, etc.) remain applicable and payable by the Customer.

The shipping costs, known as “Delivery”, will be indicated in the Customer's basket, before the final validation of the order.

The promotion code, issued by BOARDING RING on an exceptional and punctual basis, must be inserted before the final validation of the order.

5.2. BOARDING RING product prices are subject to change without notice.

BOARDING RING reserves the right, at any time, to modify or discontinue the service (or any part thereof) without notice.

BOARDING RING is not liable vis-à-vis third parties, price changes, suspension or termination of the service.

5.3. BOARDING RING can offer a “corporate” rate to any corporate Client wishing to equip their staff. BOARDING RING reserves the right to refuse to negotiate a “corporate” rate without incurring BOARDING RING's liability, nor does it open up any right to compensation or damages in favor of the Corporate Client.

6. DELIVERY

6.1. BOARDING RING delivers its Products by Colissimo and Chronopost throughout France, and can deliver abroad. If the desired country does not appear in the list of countries at the time of the order, then this country is not available.

The products are sent with the delivery note, to the delivery address indicated by the Customer when ordering. The address indicated must be able to receive parcels. The delivery times indicated on the site are there for information only, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as: street number, building, staircase, access codes, names and/or intercom numbers, email, phone number, etc.).

In the event of a delay in delivery of more than 15 days, if the product has not been dispatched, the Customer may denounce the order by registered letter with acknowledgment of receipt and request reimbursement of his order.

If the item has been shipped before receipt of the cancellation of the order for late delivery of more than 15 days, BOARDING RING will refund the item and the shipping and return costs, upon receipt of it. ci, complete, in its original condition and with all tags.

BOARDING RING undertakes to inform the Customer of the progress of the processing of his order.

In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and BOARDING RING, by any means, of any reservations within 3 days of receipt of the product.

BOARDING RING cannot be held responsible for the consequences due to a delay in delivery that is not its fault.

6.2. BOARDING RING reserves the right to offer the delivery costs on specific and punctual periods. Outside the period specified at the time of the order on the Site, the customer cannot request an exemption from delivery costs.

7. PAYMENT

Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The Customer pays for his order by credit card (Visa, Mastercard, American Express), with his Paypal account or via Apple Pay in accordance with the provisions of this article.

For any transaction, the Customer will indicate the number appearing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card (last three digits).

Communication by the Customer of his bank card number authorizes BOARDING RING to debit his account for the amount of his order.

No cash on delivery will be accepted, whatever the reason.

BOARDING RING retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by BOARDING RING are 100% secure. For payments by credit card, all information that Customers communicate to BOARDING RING is strictly protected and guarantees the compliance and security of each transaction.

8. RETURNS AND REFUNDS OF PRODUCT(S)

RIGHT TO RETRACT :

Within thirty (30) days of receipt of their order, the Customer may ask BOARDING RING to return the Product(s). After this period, BOARDING RING will be unable to proceed with a refund or an exchange.

Items on sale cannot be refunded.

8.1. For any refund, the Customer must contact BOARDING RING by e-mail at glasses@boardingring.com following which, BOARDING RING will approve or reject the refund. For the refund request to be eligible, the Customer must return the Product by post in its original packaging, in its original condition, new and accompanied by the receipt or proof of purchase to the following address:

BOARDING RING
661 Chateauvallon Road
83190 Ollioules
FRANCE

In the case of an exchange, only defective or damaged items can be exchanged.

8.2. In the case of a return, the Customer must return the Product(s) at his own expense, except in the case where he has received one (or more) products with a manufacturing defect or not corresponding to the order. Customer's initial.

The designation of the faulty party in order to allocate the payment of the return costs must be analyzed and determined by BOARDING RING on a case-by-case basis.

The return is at the Customer's risk.

The returned Product will be credited or refunded within a maximum period of twenty (20) days from its receipt by BOARDING RING. In the case of a refund, this will be made by crediting the amount to be refunded to the Customer's bank account.

If the Customer fails to comply with these conditions, in particular the return or exchange conditions, BOARDING RING will not be able to reimburse the Products concerned.

9. PREORDER

9.1. Pre-order periods may take place on an ad hoc and/or temporary basis, without notice and without a fixed deadline.

In the case of a pre-order, the conditions set out below will prevail over points 4. Order, 5. Price, 6. Delivery and 7. Payment.

9.2. No deadline or delivery date can be taken into account exhaustively. The announced deadlines are only indicative and determined in an estimated way.

BOARDING RING remains however under the obligation to keep Clients informed of the progress of the project and of any delays in the estimated deadlines.

9.3. Deliveries of pre-orders will be made in order of Customer purchase priority.

9.4. BOARDING RING reserves the right to offer a discount code during a pre-order period. This code, created solely for this purpose, cannot be applied after the pre-order period has ended.

9.5. Apart from the modifications set out above, the other conditions remain valid and binding.

10. INTELLECTUAL PROPERTY

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).

This Site or any part of this Site must in no case be reproduced, copied, sold or exploited for commercial purposes without the express written authorization of BOARDING RING.

In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full property of BOARDING RING.

The Customer is therefore required to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products if applicable, or register a trademark that would prejudice the holder of the rights, unless otherwise provided by contract.

The same applies to any other intellectual property right.

11. WARRANTIES AND LIABILITY

BOARDING RING has, for all stages of access to the Site, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. BOARDING RING cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance to law and case law.

BOARDING RING undertakes to use the confidential information of Customers only within the framework of the operation of its Site.

For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.

As such, information concerning him may be communicated to technical service providers of BOARDING RING.

In addition, BOARDING RING may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracing the number of visitors to certain pages.

In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has a right to access and rectify personal data concerning him appearing in the files of BOARDING RING. All inquiries should be emailed to: glasses@boardingring.com.

This computer processing has been declared to the National Commission for Computing and Liberties (CNIL) which issued receipt no. 1517135 v 0 on June 29, 2011.

12. FORCE MAJOR

In the event of the occurrence of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by e-mail. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All of the parties' obligations are suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.

13. GENERAL PROVISIONS

13.1. PARTIAL NON-VALIDITY OF A CLAUSE

If any of the stipulations of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not invalidate the other stipulations.

13.2. UPDATE

These general conditions may be modified at any time and without notice by BOARDING RING, the applicable conditions being those in force on the date of the order by the Customer.

These general conditions of sale are permanently accessible at the following address: www.boardingglasses.com/pages/conditions-generales-de-vente-achats-en-ligne in a computer format allowing them to be printed and/or downloaded. , so that the Customer can reproduce or save them.

13.3. APPLICABLE LAW – JURISDICTION

These general conditions are subject to French law with regard to the substantive rules as well as the rules of form. Any dispute must be subject to a prior attempt at amicable settlement.

In the absence of an amicable settlement, French law will apply, and the dispute will be submitted exclusively to the competent courts of Toulon.

13.4. : REPRODUCTION OF APPLICABLE TEXTS (ORDINANCE 2005-136 OF FEBRUARY 17, 2005, CONSUMER CODE, CIVIL CODE)

Art. L.211-4. of the Consumer Code

The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Art. L.211-5. of the Consumer Code

To be in conformity with the contract, the good must:

• Be fit for the use usually expected of a similar item and, where applicable:
• correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model;
• present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
• Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.

Art. L.211-12. of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Art. 1641 of the Civil Code

The seller is bound by the warranty for hidden defects in the thing sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or does not would have given a lesser price, if he had known them.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

You can contact BOARDING RING by email at glasses@boardingring.com.