Terms of Sales

Between the Company GB Diffusion, ZAE des Marais / 104 Impasse des Marais, 74410 SAINT-JORIOZ – FRANCE, with a Share Capital of €52,800, registered in the Trade and Companies Register of Annecy (74) under number 408 734 275, represented by Sandra ARBET, as manager, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”.
On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, “the Buyer”, or “the Customer” On the other hand, It has been set out and agreed as follows:

PREAMBLE

The Seller is the publisher of products of the DIEZZ SPORT and GORDINI brands, exclusively for consumers, marketed through its website https://www.diezz-sport.com. The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.

Article 1: Purpose
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

Article 2: General Provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company’s website, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment of the order. These GTC can be viewed on the Company’s website at the following address: https://www.diezz-sport.com/conditions-generales-de-vente/ The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click.

The Customer declares that he has read all of these General Terms and Conditions of Sale and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs. The Customer declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices
The prices of the products sold through the website are indicated in Euros including all taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for accessing the Company’s websites are the responsibility of the Customer. Also, where applicable, delivery costs.

Article 4: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, where applicable its options and indication of the Customer’s essential data (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the elements of the order and, where applicable, correction of errors. ➢ Follow the instructions for payment, and payment of the products. ➢ Delivery of the products. The Customer will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.

You can consult the version of the General Terms and Conditions of Sale in force at any time by clicking on the contact link. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his/her true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s website. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer’s order within the limit of available Product stocks only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is the subject of a summary and confirmation when the order is validated.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of Products as well as their prices is specified on the Company’s website. Unless special conditions apply, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding conformity and hidden defects, the Seller will refund or exchange defective products or those that do not correspond to the order.

The presence of an apparent defect on a product or a delivery error must give rise to a complaint by email using the contact form on the site within three working days following Delivery. Any complaint must explain the defect concerned. Failing this, no complaint is admissible, and no return or exchange is possible.
Cases of apparent defect or delivery error confirmed by GB DIFFUSION give rise, depending on the content of the Customer’s complaint, to either the establishment of a credit note for the Customer, or the replacement of the Product, or the outright reimbursement of the Price to the Customer within 14 days, after receipt of the product at our premises. Delivery costs and return costs will also be reimbursed.
Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they must be accompanied by a copy of the proof of purchase.
In the event of non-compliance with the return procedure, no exchange, refund or credit is possible.

Article 6: Retention of title clause
The products remain the property of the Company until full payment of the price.
The ownership of the goods remains with the seller until the customer has paid the full sale price.

Article 7: Delivery terms
The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the order preparation time, from 3 to 5 working days. In the event of a shipping delay, GB DIFFUSION will inform the customer by email, who will then choose to maintain their order or cancel it. In the event of a delivery delay, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller will provide a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure the order is followed up. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to them. Orders are delivered in France by Colissimo and in Europe by Colissimo delivery against signature-delivery 48 hours or by express courier DHL, TNT, DPD or other for other countries.
It is the Customer’s responsibility to notify the carrier of any reservation or delay noted on the delivered product and to inform GB DIFFUSION by email within 3 working days.
GB DIFFUSION cannot be held responsible for any delay in delivery that is not its fault or justified by a case of force majeure.

Article 8: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to the stocks available at our suppliers. The Products available are those listed on the Site on the day of its consultation by the Customer, unless otherwise stated and in special cases such as incorrect stock due to a barcode and/or labeling problem. At any time, GB DIFFUSION reserves the right to cease marketing a Product, without this calling into question orders already placed for said Product.
In the event of unavailability of an item, GB DIFFUSION undertakes to inform the Customer as soon as possible by email. The Customer may then cancel or modify their order, a replacement product may be sent to them with their agreement.
In the event of cancellation, the Customer will be reimbursed within a maximum of fourteen days from receipt of their refund request if payment has already been made.

Article 9: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by PayPal account and bank card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network because it is encrypted in SSL and secured in HTTPS. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated and the order cancelled.

Article 10: Withdrawal period
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs”. “The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company by email using the contact form on the site.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remain the responsibility of the Customer. The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they must be accompanied by a copy of the proof of purchase.
The refund is made subject to GB DIFFUSION having been able to recover the Products initially delivered. Unless the Customer requests otherwise, GB DIFFUSION will make the refund using the same means of payment as that which was used for the transaction.

In accordance with the legal provisions, you will find below the standard withdrawal form to send to us at the following address:
Model withdrawal form
To the attention of GB DIFFUSION, ZAE de la Tuilerie 104 Impasse des Marais 74410 ST JORIOZ – France / info@diezz-sport.com
I/We (1) hereby notify you of my/our (1) withdrawal from the contract for the sale of the good (1)/for the provision of the service (1) below
Ordered on (1)/received on (1)
Name of the consumer(s)
Address of the consumer(s)
Date
(1) the inapplicable mention.

Article 11: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made by email using the contact form. The Seller reminds the consumer that: – has a period of 2 years from the delivery of the goods to take action with the Seller – that he can choose between replacement and repair of the goods subject to the conditions provided for by art. apparently defective or do not correspond – that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer may also assert the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the sale price (provisions of Article 1644 of the Civil Code).

Article 12: Complaints
If applicable, the Buyer may submit any complaint by contacting the company by email using the contact form.
Article 13: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
We simply remind you here that the sale does not give rise to any transfer of intellectual property.

Article 14: Force Majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
If one of the stipulations of this contract were to be cancelled, this nullity would not entail the nullity of the other stipulations which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 16: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the data controller (the Company) by registered letter.

Article 17: Limitation of liability clause
Under no circumstances shall GB DIFFUSION be held liable for any indirect, incidental, special or accessory damage, and in particular, without limitation, loss of business, loss of profit or opportunity resulting from the purchase of DIEZZ products on the diezz-sport.com website. The photos are not contractual, under no circumstances shall GB DIFFUSION be held liable for a purchase by the “customer” on diezz-sport.com.

Article 18: Applicable law
All clauses appearing in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law.
Article 19: ONEY payment
“Payment in 3X 4X: The customer hereby accepts the legal notices of Oney accessible from here. https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf”

Article 20: ECOLOGIC
We are a member of Ecologic (siret 4877419690004), member number A20265, under our extended producer responsibility for the management of waste from Sports and Leisure Goods (ASL) since 01/01/2022.
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Our general terms and conditions of sale have been developed from a free and open-source model that can be downloaded from the site https://www.donneespersonnelles.fr/ and modified by GB DIFFUSION