Last updated date: May 24, 2019
TERMS OF SALES IDAWAYS
PREAMBLE
These terms of sales are concluded between:
Firstly
CAP-K Technologies SAS, distributor in France of IDAWAYS products, specializing in bands, soles and shoes featuring IDASYS shock and vibration damping technology, under the distinctive signs “IDAWAYS MOVE SMARTER” and “IDASYS”, registered in the Toulouse Trade and Companies Register under number 504 813 742, with registered office at 6 allée des Tricheries in Seilh 31840
And represented by Mr. Marc Capdepuy in his capacity as Chairman.
Hereinafter referred to as “the Seller”
And on the other hand
The natural person who acts for purposes that do not fall within the framework of his commercial, industrial, craft or liberal activity, at least 18 years old, having the legal capacity to contract by himself or through the intermediary of a person having parental authority, his guardian, or his curator, and wishing to make a purchase of an IDAWAYS Product.
Hereinafter referred to as “the Customer”
Groups called “The Parties”
The last update date of the general conditions of sale is indicated at the top of the page.
The Seller reserves the right to modify or adapt at any time and without notice, these general conditions of sale, in particular to bring them into compliance with legal and regulatory provisions.
The Customer is therefore invited to consult them on a regular basis and before any Order is placed. The Customer must accept these general conditions of sale, after having checked the summary of his Order.
However, the general conditions applicable to each Order will be those in force on the day of the final validation of the Order by the Customer.
ARTICLE 1: DEFINITIONS
“Client”: refers to the natural person who acts for purposes that do not fall within the framework of his commercial, industrial, craft or liberal activity.
“Order”: designates any request from the Customer for the sale of IDAWAYS Product (s).
“Delivery”: means the delivery by the Seller of the Products ordered, either to the postal administration, or to the Customer, or to a third party designated by the latter, or to the carrier designated by the latter.
“Products”: refers to all bands, soles and shoes featuring IDASYS shock and vibration damping technology under the IDAWAYS brand, offered for Sale by the Seller on the Website www.idaways.eu.
“Website”: The Website designated by these general conditions of sale is that of the Seller, which can be accessed via the Internet at the following address: “http: // www.idaways.eu” .
“Sale”: refers to the transfer of ownership act carried out between the Seller and the Customer, and carried out via the Seller’s website.
ARTICLE 2: SUBJECT
These general conditions of sale define exhaustively all the rights and obligations between the Seller and the Customer wishing to acquire goods or services offered for sale on the Seller’s website. All of the terms and conditions of the Sale between the Seller and the Customer will be governed by these general conditions. They govern all stages of the Sale, from placing an Order to guaranteeing the Products ordered, including payment, Delivery and Customer withdrawal.
The Customer of the Website https://idaways.eu acknowledges, prior and expressly to the placing of any Order, having read and accepted without reservation these general conditions of sale.
ARTICLE 3: ORDER
3.1 Languages
The language available for the Customer to take Orders on the Seller’s Site is French.
3.1: Identification
The Customer is only able to place an Order on the Seller’s Website, on condition that he has clearly identified himself beforehand.
To obtain his identification, the Customer must complete, according to the information provided to him online on the Seller’s Website, a form made available to him in which he mentions the information necessary for his identification and in particular, his last name, first name, number. telephone number, e-mail address, billing and delivery address, and the password chosen by him.
To place an Order on the Seller’s Website, the Customer must then identify himself by entering his email address and password.
3.2: Steps for taking an Order
The Customer has the possibility of placing an Order using the references of the Product offers available on the Seller’s Website.
Each of the IDAWAYS Products available on the Seller’s Website is the subject of a “Product” sheet accompanied by photographs, which indicate the main technical characteristics of the Products offered.
Any Order from the Customer constitutes unreserved acceptance of the prices and description of the Products available for sale.
From the references available on the Seller’s Website, the Customer selects the Products he wishes to purchase by clicking on the “Order” button.
At all stages of the Order taking, the Customer has the possibility of consulting and modifying the content of his Order by clicking on the “My basket” button.
The Customer having chosen the Products he wishes to acquire and verified the content of his Order, can proceed to finalize his Order, by clicking on the “ORDER AND PAYMENT” button.
To complete and validate the Order, the Customer must, after having checked the summary of his Order, then consulted and accepted these general conditions of sale, enter the various information necessary for his payment.
The validation of the Order is not considered final and commits the Parties only after payment of the price of the Order by the Customer.
When the Customer has validated his Order, it is recorded by the Seller, who immediately sends the Customer a confirmation email to the address indicated by him. The confirmation email summarizes all the information relating to the Order, which constitutes the elements of the sales contract between the Parties.
This email also mentions the address to which the Products ordered by the Customer will be delivered, as well as the Delivery costs to be paid.
Unless proven otherwise, the data recorded by the Seller’s services constitute proof of all the elements relating to the Order, in particular as to its nature, content, price and date.
ARTICLE 4: AVAILABILITY OF PRODUCTS
In the event of total or partial unavailability of a product, the Customer will be informed by the Seller as soon as possible and by email.
In case of unavailability of a product, after validation of the Order, the Customer will then have the option of:
* Or be delivered of a Product of equivalent quality and price, within the limits of available stocks;
* Or be reimbursed for the price of the Product ordered within a maximum period of fourteen (14) days following its Order;
* Or wait until the Delivery of the ordered Product. The Seller undertakes to inform the Customer of the delivery times of its own suppliers.
In the event of a choice of delivery in several installments, the costs of Delivery of a new product will be borne by the Customer.
ARTICLE 5: PRICE
The prices advertised on the Seller’s Website are indicated in euros and all taxes included. They take into account any reductions granted by the Seller, as well as the value added tax (VAT) at the rate in force on the date of validation of the Order by the Customer.
The prices advertised on the Site do not include the Order Delivery costs.
The Seller reserves the right to modify its prices at any time and without notice. Any new tax or contribution which would come to be created or modified, upward or downward, may also be passed on by the Seller on the sale price of the Products.
However, the price invoiced and which will be payable by the Customer will be that in force on the day of the final validation of the Order. No modification of the price to be paid may be made after validation of the Order by the Customer.
ARTICLE 6: PAYMENT
6.1 Amount of payment
The total amount (including Delivery costs) of the payment due by the Customer is indicated at the time of final validation of the Order, as well as in the summary email sent to him.
6.2 Payment methods
The Customer may pay for his Orders by the following payment methods:
* By bank card: the Seller accepts only French CB and Visa bank cards and international Eurocard and Mastercard bank cards. Consequently any other bank card will be refused. The Customer must indicate the visible number of his bank card, its expiry date, the name of its holder, as well as the last three digits of the number written on the back of the card next to the signature.
* By Paypal account: The Customer is invited to consult the paypal.fr site in order to become acquainted with the operating methods of this method of payment.
In accordance with the regulations in force, the Seller does not keep bank details relating to the Customer. Indeed, only the manager of the Seller’s payment terminals has this information. It is therefore up to the Customer to save and print the payment certificate if he wishes to keep the bank details of the transaction.
6.3 Disputes / Refusal of payment
In the event of refusal of payment sent by the Customer’s bank, the Seller reserves the right to suspend the execution and Delivery of said Order at any time. This suspension will continue until full payment of the price by the Customer.
In addition, the Seller reserves the right to refuse or cancel any Order from a Customer when there is any dispute relating to the payment or return of previous Orders.
6.4 Retention of title
The Seller reserves full and entire ownership of the Products ordered until full payment of the price by the Customer.
ARTICLE 7: DELIVERY
7.1 Place of delivery
The Seller’s Delivery area covers France (including Monaco, Corsica and the French overseas departments and territories), Belgium and Luxembourg.
The Products or services ordered are delivered to the address indicated by the Customer when placing the Order, and appearing in the summary email sent to him by the Seller.
7.2 Terms and delivery times
The maximum delivery time for Products ordered on the Seller’s Website is thirty (30) working days. It includes the preparation time for the Order as well as the shipping and delivery time by the carrier. In the event that the product is unavailable, a new delivery time will then be sent to the Customer by email. The customer will then have the option of either accepting this new deadline or of refusing and being reimbursed for his payment.
Deliveries are made to the Customer’s home or to the address indicated by him when placing the Order.
Delivery costs are the responsibility of the Customer. They are mentioned during the validation of the Order, as well as in the summary email of the Order.
Upon receipt of the return of the package due to the Customer’s no-show at the chosen Delivery point, the Seller will cancel and reimburse the Order.
The Customer has the option of following the status of the Delivery of his Order through the Seller’s Website, in the “Order Tracking” section.
The Seller cannot be held responsible in the event of failure by the Customer in the performance of his obligations and which would result in an absence of Delivery of the Product ordered.
7.3 Delay in Delivery
In the event of late Delivery, the Seller undertakes to notify the Customer as soon as possible, by any means of communication, as well as to inform him of the estimated duration of the delay.
If the Order is not received by the Customer on the date specified in the Order, the Customer may terminate the sales contract, by sending the Seller a registered letter with acknowledgment of receipt or in writing on a durable medium. informing it of its decision, if after having ordered the Seller under the same terms to make the Delivery of the Products ordered within a reasonable additional period of time, the Seller has not complied within this period.
The Sale is considered resolved upon receipt by the Seller of the registered letter with acknowledgment of receipt informing him of this resolution, unless the Order has been delivered within this period.
If the Delivery period was an essential condition for the Customer and he had expressly indicated this in writing when placing his Order with the Seller, the contract will be immediately terminated the day after the scheduled Delivery date.
The Customer can also proceed to the resolution of the contract, if the delay in Delivery is due to a case of force majeure within the meaning of the jurisprudence of the French courts.
In the event of cancellation of the Sale by the Customer, under the conditions described above, the Seller will then reimburse the Customer within fourteen (14) days following the day of receipt by the Seller of the Customer’s cancellation request. .
7.4 Non-compliant order / Damaged order / Exchanges
Despite all the care taken by the Seller in preparing and shipping packages, some Orders may contain missing, damaged or non-compliant Products.
If the Customer considers that the Products delivered are faulty, defective or non-compliant, it will be up to him to refuse Delivery, or to address to the Seller, reasoned reservations describing the failure or non-compliance of the Order. The Customer will have a period of forty-five (45) clear days from the delivery to address his complaints to the Seller.
The Seller will not proceed to any refund or exchange if the complaint is communicated to him after this deadline.
The Customer may address their complaints to the Seller, in writing to the following email address: [email protected] or by post to the following address: 6 allée des Tricheries 31840 Seilh.France
After examining the complaints, the Seller will inform the Customer that he has the option of returning the Product to the following address: 6 allée des Tricheries 31840 Seilh France.
The returned Product must be in new condition, complete and not adjusted to the size of the Customer, in its original packaging, accompanied by all its labeling, accessories, documentation and instructions for use, as well as a copy of the purchase invoice allowing the Seller to identify the Customer.
The Seller will inform the Customer of the return of the Product. The latter will have the possibility:
* Or to obtain the Delivery of a Product identical to the defective Product within the limits of available stocks.
* Either if it is impossible to deliver a Product identical to the defective Product, obtain the Delivery of a Product of quality and price equivalent to the defective Product.
* Or obtain a full refund of the price of the Product ordered within fourteen (14) days of the date of the refund request.
The costs of returning and exchanging the defective Product will be borne by the Seller.
No Product exchange or refund will be made, if it is revealed that the failure is attributable to the Customer and in particular if it results from use not in accordance with its normal use, from a modification and / or adaptation of the Product to the The Customer’s initiative leading to an inability to use the Product or prolonged use by the Customer.
ARTICLE 8: RIGHT OF WITHDRAWAL / RETURN OF PRODUCTS
8.1 Affected products
The Customer has the right to withdraw from his Order made on the Seller’s website for a period of 14 clear calendar days from the delivery thereof.
When this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
8.2 Modalities
For any request for withdrawal or return of a Product, the Customer must explicitly inform the Seller by post to the following address: 6 allée des Tricheries 31840 Seilh France or by email to the following address: [email protected].
The Customer will receive an acknowledgment of receipt from the Seller by return email and / or by post to the addresses indicated by the Customer when ordering.
The Customer has a period of fourteen (14) days following the communication of his decision to withdraw to return the Products to the Seller.
The return of Products subject to the right of withdrawal will be made to the following postal address: 6 allée des Tricheries 31840 Seilh France.
The reimbursement of the Customer will be made by the means of payment used for the Order on the Seller’s Website, unless the Customer expressly agrees that the Seller uses another means of payment and insofar as the reimbursement does not incur costs. to the customer.
The refund will be made within fourteen (14) days of the date of receipt of the withdrawal request, provided that the Products have been returned to the Seller.
As long as the Products have not been returned to the Seller, the Customer’s reimbursement may be postponed to the date of receipt of the returned Products.
A withdrawal form to be completed by the Customer is attached to the Order and is also available on the following link at the bottom of the page: form.
If the Customer wishes to use it, the latter must return it to the Seller, duly completed with all the requested information.
The Customer’s reimbursement will include all of the sums paid by him for the purchase of the Product (purchase price including tax and Product Delivery costs), not including the costs of returning the Product which will remain at his expense.
The returned Product must be in new condition, complete, unadjusted, in its original packaging, accompanied by all its labeling, accessories, documentation and instructions for use, as well as a copy of the invoice. purchase allowing the Seller to identify the Customer.
Products returned incomplete, worn, washed, damaged, soiled or damaged by the Customer will not be taken back by the Seller.
Products for which no element clearly identifies the Customer will also not be taken back by the Seller.
ARTICLE 9: GUARANTEES
In application of legislative and regulatory provisions, all Orders are subject to the legal guarantee of conformity of articles L 211-4 and following of the Consumer Code and to the guarantee against hidden defects provided for in articles 1641 and following of the Civil Code.
9.1: Legal guarantee of conformity
Article L.211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L.211-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Pursuant to these provisions, the Seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions and installation when it has been charged to it by the contract or has been carried out under its responsibility.
Thus, to be in conformity with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good, and if applicable:
* correspond to the description given by the Seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
* have the qualities that a buyer can legitimately expect given the public statements made by the Seller, the producer or his representative, in particular in advertising or labeling
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
9.2: Guarantee against hidden defects
Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 of the Civil Code:
The action resulting from crippling defects must be brought by the purchaser within two years of discovery of the defect.
Pursuant to these provisions, the Seller is bound by the guarantee for defects in the item which make it unfit for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have it. acquired, or would have given a lower price if he had known them.
9.3: Warranty exclusions
The Customer may not invoke any legal warranty if the damage results from abnormal use of the Product by the Customer.
He may also not avail himself of any guarantee if the Product has been modified and / or adapted to the Product at the initiative of the Customer leading to an inability to use the Product or to a repair which does not has not been authorized by the Seller.
9.4: Information
For any question or request for information relating to the guarantees of the Products offered, the Customer can contact the Seller by email at the following address: [email protected]
ARTICLE 10: RESPONSIBILITY
At all stages of the Order taking, as well as for operations subsequent to the conclusion of the contract, the Seller is bound by an obligation of result.
The Seller is therefore fully responsible to the Customer for the proper performance of the obligations resulting from the contract concluded.
On the other hand, the Seller’s liability cannot be engaged in the event that the non-performance or poor performance of an obligation is attributable either to the Customer or to the unforeseeable and insurmountable fact of a third party to the contract, or would result from a force majeure event, as defined by the regulations and case law of the French Courts.
In addition, the Seller cannot be held liable for damages of any kind, whether material, non-material, direct or indirect, which could result from improper use of the Product and / or modification and / or adaptation of the Product at the initiative. of the Customer leading to an inability to use the Product.
ARTICLE 11: PERSONAL DATA
11.1 Protection of personal data
The Seller undertakes to respect the privacy of the people who use its Website, as well as the confidentiality of the data and information communicated to it by the Customer.
The information collected by the Seller is the information necessary for processing and monitoring the Order, as well as the commercial and marketing monitoring of the Customer’s file.
In accordance with law n ° 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data and amending law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the Customer has a right to access, modify and delete information concerning him, and which he can exercise at any time with the Seller at the following postal address: 6 allée des Tricheries 31840 Seilh.France or by email to the following address: [email protected]
The Seller undertakes to use all the means at its disposal to ensure the security and confidentiality of the information and data transmitted by the Customer on its Website.
When registering on the Seller’s Website, the Customer has the option of choosing that information and commercial proposals be sent to him by the Seller and / or his business partners.
In the event that the Customer wishes to return to his request for transmission, the Customer also has the possibility, either of going to the “My account” area in the “My contact details” section, or a request using the form contact, or send the Seller to the following postal address: 6 allée des Tricheries 31840 Seilh.France specifying the address to be deleted.
The Seller’s customer file is in the process of being declared to the CNIL.
11.2 Cookies
The Customer is informed that, during his visits to the site, cookies may be installed automatically via his browser software.
All information collected indirectly will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes, and more generally to improve the service offered by the Seller.
The configuration of the browser software makes it possible to inform of the presence of cookies and possibly to refuse them in the manner described at the following address: http://www.cnil.fr.
By continuing to browse the Seller’s site, the Customer accepts the use of cookies to produce visit statistics. The Customer has the right to oppose, access, modify and delete personal data communicated by means of cookies under the conditions indicated in Article 11.1 hereof.
ARTICLE 12: INTELLECTUAL PROPERTY
All the elements of the Seller’s Website and in particular the logos, brands, names, images, comments, descriptions, are protected by trademark law, patent law, image rights and copyright.
All of these elements are the property of the Seller and / or its partners. They may not be copied, reproduced, distributed, transmitted, downloaded, by any means whatsoever and for any reason whatsoever.
However, under the private copying exception, it is possible for the Customer to keep a copy of the pages of the Seller’s Website for strictly personal purposes, for non-commercial purposes, and on condition that no changes are made and to respect all the property and copyright notices appearing on the page.
Anyone who wishes to put a hypertext link online, in particular by framing or deep linking techniques, referring directly to the Seller’s website, must request express, written and prior authorization. Otherwise, the link must be removed at the Seller’s simple request.
ny other reproduction or representation, total or partial, which does not comply with the conditions set out above, would constitute infringement, liable to engage the civil and criminal liability of its author.
ARTICLE 13: INTEGRALITY OF GENERAL CONDITIONS
In the event that one of the clauses of these general conditions of sale is declared illegal or unenforceable, and / or void by a change in legislation, or by a court decision that has become final, the nullity or unenforceability would be strictly limited. to said clause, and would in no case affect the validity of the other stipulations.
ARTICLE 14: NON WAIVER
The non-application by the Seller of any of the stipulations of these General Conditions does not imply a waiver on his part to avail himself of them at any time and does not affect the validity of all or part of these conditions.
ARTICLE 15: APPLICABLE LAW AND DISPUTES
These general conditions of sale, as well as all contractual relationships that may result from them, are subject to French law.
In the event that a dispute arises between the Customer and the Seller, the Parties undertake to seek an amicable solution, taking into account the interests of each of them before initiating any legal action.
Failing this, the French Courts will have jurisdiction, subject to a specific attribution of jurisdiction arising from a particular law or regulation.
