Terms of Sales

Between GB Diffusion, ZAE des Marais / 104 Impasse des Marais, 74410 SAINT-JORIOZ – FRANCE, with a share capital of €52,800, registered with the Annecy Trade and Companies Register (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 website’s homepage. Hereinafter the “Seller” or the “Company”.

On the one hand, And the natural or legal person purchasing products or services from the company, hereinafter referred to as the “Buyer” or “Customer.” On the other hand, It has been stated and agreed as follows:

PREAMBLE

The Seller is the publisher of DIEZZ brand products, 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 viewed on the aforementioned website.

Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with 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 form an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its website. The applicable General Terms and Conditions are those in effect on the date of payment of the order. These General Terms and Conditions are available 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 providing a checkbox and a validation click, in accordance with Article L221-11 of the French Consumer Code.

The Customer declares that they have read all of these General Terms and Conditions of Sale and accept them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Customer declares that they are able to enter into a legal contract under French law or validly represent the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices
The prices of products sold through the Website are indicated in euros, inclusive of all taxes, and are precisely determined on the Product description pages. They are also indicated in euros, inclusive of all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs.

For all products shipped outside the European Union and/or the French Overseas Territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore encourages the buyer to inquire about these aspects with the appropriate local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company’s websites are the responsibility of the Customer. Where applicable, delivery costs are also payable by the Customer.

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 place their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Selection of the Product, its options, if applicable, and provision of the Customer’s essential data (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the order details and, if necessary, correction of errors. ➢ Follow the payment instructions and payment for the products. ➢ Delivery of the products. The Customer will then receive email confirmation of payment for the order, as well as an acknowledgment of receipt of the order confirming it.

You can review the current version of the General Terms and Conditions of Sale at any time by clicking on the contact link. For delivered products, delivery will be made to the address provided by the Customer. For the proper execution of the order, and in accordance with Article 1316-1 of the French Civil Code, the Customer undertakes to provide truthful 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 and services and their respective prices are made available to the buyer on the company’s website. The Customer confirms 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 fulfill the Customer’s order only within the limits of available Product stocks. Failing this, the Seller will inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarized and confirmed upon order validation.

The parties agree that illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offer and their price are specified on the Company’s website. Unless otherwise stated, the rights granted hereunder are granted only to the natural person who signed the order (or the person who owns the email address provided). In accordance with legal provisions regarding compliance and hidden defects, the Seller will refund or exchange defective products or products that do not correspond to the order.

A complaint must be submitted by email using the website’s contact form within three business days of delivery in the event of an apparent defect in a product or an error in delivery. All complaints must explain the defect in question. Otherwise, no complaints will be accepted, and no returns or exchanges will be possible.

Cases of apparent defects or delivery errors confirmed by GB DIFFUSION will result, depending on the content of the Customer’s complaint, in either a credit note, a replacement of the Product, or a full refund of the Price to the Customer within 14 days of receipt of the product at our premises. Delivery and return shipping 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 B2C, the consumer has a period of fourteen days (Article L221-18) to exercise their right of withdrawal from a contract concluded remotely, following telephone or off-premises sales, without having to provide a reason or incur any costs other than those provided for in Articles L. 221-23 to L. 221-25.

In the event of non-compliance with the return procedure, no exchange, refund, or credit note is possible.

Article 6: Retention of Title Clause
The products remain the property of the Company until full payment of the price.

The seller retains ownership of the goods until the customer has paid the full sale price.

Article 7: Delivery Terms
Products are delivered to the delivery address provided when ordering and within the specified delivery time. This delivery time does not include the order preparation time, which can vary from 3 to 5 business days. In the event of a shipping delay, GB DIFFUSION will inform the customer by email, who will then have the option to maintain their order or cancel it. The Seller will then refund the product and the outbound shipping costs in accordance with Article L 216-1 et seq. of the French Consumer Code. The Seller will provide a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that the moment the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to them.

Orders are delivered in France and Europe by Colissimo (signature required – 48-hour delivery) and by express courier (DHL, TNT, DPD, or other carriers) for other countries.

It is the Customer’s responsibility to notify the carrier of any reservations or delays noted with the delivered product and to inform GB DIFFUSION by email within 3 business days.

GB DIFFUSION cannot be held responsible for delivery delays not caused by its fault or justified by force majeure.

Article 8: Availability and Presentation
Orders will be processed within the limits of our available stocks or subject to the availability of our suppliers. Available Products are those listed on the Website on the day the Customer visits it, unless otherwise stated and in special cases such as incorrect stock due to a barcode and/or labeling issue. GB DIFFUSION reserves the right to discontinue the sale of a Product at any time, without this affecting orders already placed for said Product. In the event of an item being unavailable, GB DIFFUSION undertakes to inform the Customer as soon as possible by email. The Customer may then cancel or modify their order, and a replacement product may be sent with their consent.
In the event of cancellation, the Customer will be refunded within a maximum of fourteen days of receipt of the 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 or credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is handled by our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during network transport because it is SSL-encrypted and HTTPS-secured. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are 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 is canceled.

Article 10: Withdrawal Period
In accordance with Article L. 221-18 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to provide a reason or pay any penalties, with the exception, where applicable, of return costs.” “The period mentioned in the preceding paragraph begins upon receipt of the goods or upon acceptance of the offer for services.” The right of withdrawal may be exercised by contacting the Company by email using the website’s contact form.

If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; return costs remain the responsibility of the Customer. 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.

Reimbursement is provided that GB DIFFUSION has been able to recover the Products initially delivered. Unless the Customer requests otherwise, GB DIFFUSION will issue the refund using the same payment method used for the transaction. In accordance with legal requirements, you will find below the standard withdrawal form to send to us at the following address:

Template withdrawal form (annex to Article R221-1)

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 goods (1)/for the provision of the service (1) below.

Ordered on (1)/received on (1)

Name of consumer(s)

Address of consumer(s)

Date

(1) Delete as appropriate.

Article 11: Guarantees

The consumer has two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract with a full refund upon return of the goods if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer permanently bears the costs of taking back or removing the non-compliant goods, or if they bear the costs of installing the repaired or replaced goods; 4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. In this case, the consumer is not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for the purpose of repair or replacement suspends the remaining warranty until delivery of the repaired goods.
The above-mentioned rights arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code). Consumers are also covered by the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the item is kept or to a full refund upon return of the item.

Article 12: Complaints
The buyer may submit any complaint by contacting the company either by email: info@diezz-sport.com or via the contact form. In the event of dissatisfaction, the responsible party may be contacted. After prior written representations by consumers to GB DIFFUSION, the mediation service may be contacted for any dispute that remains unresolved. To find out how to contact the mediator, go to FAQ (complaint). In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, GB DIFFUSION adheres to the FEVAD Consumer Mediator Service (Federation of e-commerce and distance selling), whose contact details are as follows: Consumer Mediator – BP 20015-75362 PARIS CEDEX 8 https://www.mediateurfevad.fr

Article 13: Intellectual Property Rights
The trademarks, 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 General Terms and Conditions. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.

It is simply a reminder that the sale does not result in any transfer of IP.

Article 14: Force Majeure
The performance of the seller’s obligations hereunder is suspended in the event of the occurrence of an unforeseeable event or force majeure that prevents its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 15: Nullity and Modification of the Contract
If any of the provisions of this contract are canceled, this nullity will not entail the nullity of the other provisions, which will remain in force between the parties. Any contractual amendment is only valid after written agreement signed by the parties.

Article 16: Protection of Personal Data
In accordance with the French Data Protection Act of January 6, 1978, you have the right to query, access, modify, object to, and rectify your personal data. By agreeing 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 websites in our network, you will receive emails containing information and promotional offers regarding products published by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the bottom 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 consequential damages, including, but not limited to, loss of business, loss of profit, or loss of opportunity resulting from the purchase of DIEZZ products on the diezz-sport.com website. The photos are non-contractual; under no circumstances shall GB DIFFUSION be held liable for any purchases made by the “customer” on diezz-sport.com.

Article 18: Applicable Law
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law.

Article 19: ONEY Payment

“Payment in 3X 4X: The customer hereby accepts Oney’s legal notices accessible here. https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf »

Article 20: ECOLOGIC
We have been a member of Ecologic (SIRET 4877419690004), member no. A20265, as part of our extended producer responsibility for the management of waste from Sports and Leisure Goods (ASL) since January 1, 2022.
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Our general terms and conditions of sale were developed using a free and open-source template that can be downloaded from the website https://www.donneespersonnelles.fr/ and modified by GB DIFFUSION SAS