1. SUBJECT

1. This agreement aims to outline the conditions for distance selling and delivery of products (hereinafter referred to as "the Products ") offered for sale :

· On the website accessible at the address https://teampulse.net/ and on the TEAMPULSE mobile application offered for free download in iOS and Android (hereinafter together or separately "the Site "),

· Through quotes established upon request and expressly referring to the application of these terms.

By the company TEAMPULSE – (hereinafter " TP " or " Seller "), with a capital of €550,000, registered with the RCS of SAINT-ETIENNE under number 849 065 545, VAT number FR 24 849 065 545 whose registered office is located at 14 Parc Métrotech - 42650 SAINT JEAN BONNEFONDS – FRANCE.

2. The " Client " is understood in these Conditions as any natural or legal person, including sports clubs and teams, whether or not established in the form of associations under the 1901 Law, making a private purchase of Products through the Site, excluding any purchase for resale and thus any natural or legal person who would make a purchase on the Site in the context of a professional or liberal commercial activity.

3. The term " Business Day(s) " designates in these Conditions all days of the week except Saturdays, Sundays, and public holidays.

4. The creation of a Client Account and placing an order by the Client on the Site involves acceptance by said Client, without reservation, of these General Sales Conditions as well as the General Conditions of Use of the Site.

2. PRODUCTS AND THEIR AVAILABILITY

1. TP offers for sale online sports equipment and materials (hereinafter " Products ") on the Site, some of which can be personalized at the Client's request, exclusively for individuals, as well as for legal entities not acting in a professional capacity, including sports clubs and teams, whether or not established in the form of associations under the 1901 Law, with the understanding that these legal entities must only purchase Products for their own needs, including corporate gifts, thus excluding any operations of purchase for resale.

TEAMPULSE is free to select the Products offered for sale on the Site and reserves the right to modify this selection at any time.

2. Each of the descriptive sheets of the Products for sale on the Site provides a detailed description of the concerned Product, particularly of its essential characteristics. As an official representative and distributor, the equipment from brands distributed by TeamPulse systematically displays the wording "By TeamPulse" under the brand logo.

The photographs and graphics reproducing and illustrating the Products are intended to provide a representation of the Products that is as close as possible to reality, without the Seller being able to guarantee the exact rendering of the materials, tones, and colors of the Products compared to the visuals of the Products displayed on the Site, or any minor differences between these visuals and the delivered Products.

The Seller is indeed faced with the technical impossibility of displaying the colors of the Products in a manner strictly compliant with reality, considering the multitude of devices used to consult the Site (computer screens, television, smartphones, tablets, etc.), all of which have extremely variable constraints, resolutions, settings, and display qualities.

3. The Seller strives to provide Clients with the most reliable and qualitative information possible regarding the Products for sale on the Site, but does not guarantee the completeness of this information, which exclusively originates from data provided by the manufacturers and suppliers of the Products.

The Client is invited to consult, upon receipt of the Products, the information reproduced on the labeling and any documentation possibly attached to the Products or downloadable on the Site or that of each of these Products' manufacturers, being reminded that he is solely responsible for the choice of the Products, as well as their storage, maintenance, and use.

4. Products are offered for sale worldwide.

5. Product and price offers are valid as long as they are visible on the Site, and under the conditions of availability provided at the time of order placement.

In exceptional cases of temporary or definitive, total or partial unavailability of the ordered Product(s), for example due to damage suffered by the ordered Product(s) in our warehouses or during transport and the Seller's inability to restock, or due to an extension of the delivery time of at least 30 days compared to the announced delay at the time of order, the Client may request the cancellation of all or part of his order.

In case of order cancellation, the Seller will proceed with the corresponding refund under the conditions mentioned in Article 9.

If the Client wishes to cancel all or part of his order, the Seller will proceed with the corresponding refund under the conditions mentioned in Article 9.

3. ORDER

3.1 CLIENT REGISTRATION - CREATION OF TEAMPULSE APPLICATION USER ACCOUNT

1. Placing an order on the Site is subject to the prior and free creation of a TEAMPULSE User Profile, either through the Site or on the TEAMPULSE mobile application, and to the validation of these General Sales Conditions, the General Conditions of Use and Services of the TEAMPULSE application (hereinafter " CGUS TEAMPULSE ") and the General Conditions of Use of the Site.

The costs related to the Client's computer equipment (computer, smartphone, tablet…) and the Client's connection to the Internet remain solely the Client's responsibility.

2. The ability to order Products on the Site is subject to the prior creation by the Client of a TEAMPULSE User Profile allowing the use of the Services offered by TP on the TEAMPULSE mobile application.

3. The creation of a TEAMPULSE User Profile is exclusively reserved for individuals, specifically persons meeting notably the following criteria (the exhaustive list of criteria is found under Article 3.1 of the CGUS TEAMPULSE:

    
a) To have legal capacity to create a Profile for himself or for the legal entity he represents, and possibly subscribe to offers of Products and Services on a paid basis through the application; 

b) Failing to have legal capacity, to be at least 7 years old at the time of registration; 

c) In the case that the applicant for registration is under 15 years old, he must provide an email address where his parents or any other person exercising parental authority can be validly contacted, and be able to prove at any time, upon simple request, parental authorization, based on the model that will be communicated to him – failing to receive this document, or upon simple request made by the parents of the User, TP will invalidate retrospectively the registration of the concerned User, under the conditions described in Article 7.3 of the CGUS TEAMPULSE;

d) To have provided the requested documents, or to make them available to TP upon simple request; 

4. Thus, if a Client did not have legal capacity, or violated the provisions of these, particularly Article 3.1.3.c above, and created a User Profile, accessed and used the Services and/or ordered Products or Services on a paid basis through the Site, his legal representatives may not contest the validity of these operations in any way and must take full responsibility for them.

5. Upon registration, the Client agrees to fill in each of the mandatory fields, to provide accurate and sincere information regarding all the questions posed to him and, if applicable, authentic documents, whether originals or copies.

He must not impersonate a third party, create multiple Profiles, or register as a User on behalf of a third party, or a legal entity.

6. The Client agrees to regularly verify all his data and to make any necessary corrections and modifications online in his User Space.

In the case of registration for Services using an email address, TP particularly draws the User's attention to the need to communicate a valid primary email address.

Any communication made by TP to this email address is indeed deemed to have been received and read by the Client, who therefore agrees to regularly consult the messages received at this email address and, if necessary, to respond as soon as possible.

TP reserves the discretionary right to refuse, or retrospectively invalidate the registration of a Client, and thus a User, whose information proves to be inaccurate, incomplete, misleading, or fraudulent.

7. The click of validation, executed at the end of the registration form validation process, formalizes the confirmation of the membership request for the Services and constitutes an irrevocable acceptance of the CGUS TEAMPULSE and these General Sales Conditions.

This click of validation constitutes definitive consent to contract with TP on the basis of each of these contracts.

8. In the case of registration solely via an email address, registration leads to the selection by the Client of an identifier (email address) and a confidential password, allowing him to connect to the Site and order Products.

The password is confidential, personal, secret, and modifiable online, through the procedure for generating a new password, accessible by the Client at the time of entering his personal identification elements (" forgotten password ").

The Client agrees not to disclose his personal identification elements to third parties, particularly to other Users.

The Client is prohibited from using or attempting to use another User's profile.

TP cannot be held responsible for any direct or indirect damages suffered by the Client or third parties, resulting from unauthorized access or consented access by the Client to his User Profile, following the disclosure of his personal identification elements.

In particular, TP cannot be held responsible for any direct or indirect damages suffered due to access by third parties, authorized or not, to the User's Profile, as long as this unauthorized access has occurred based on the input of that User's personal identification elements.

9. It is also possible to create a Profile, join the Services, and identify on the Site as a User or Client by connecting, via the Site and the Services, to an account opened with certain third-party providers (hereinafter " Third-Party Providers "), such as Facebook and Apple.

The Site and the Services indeed allow linking a User Profile to accounts held by the Client (hereinafter " Third-Party Accounts ") with Third-Party Providers, by providing the login information for these Third-Party Accounts via the Site, and authorizing TP to access these Third-Party Accounts, in accordance with the conditions applicable to each of these Third-Party Accounts.

The Client who registered through a Third-Party Account may at any time choose to connect to the Site and access the Services using an identifier (email address) and a confidential password (My Profile/Login Information/Add an email address and password), an option strongly recommended in case his Third-Party Account gets deleted during his membership to TEAMPULSE Services, so as to ensure the continuity of his access to the Services.

10. By allowing TP to access a Third-Party Account, the Client acknowledges and accepts :

     a) That TP will have access to, import, and store all personal data that the Client will provide on his Third-Party Account, including, for Facebook, his profile picture,

     b) That this data will feed his profile and will be made available and accessible on the TEAMPULSE mobile application, under the conditions mentioned in Article 4.1 of the CGUS TEAMPULSE,

     c) That TP does not substitute in any way for Third-Party Providers, and that relationships between the Client and these Third-Party Providers are governed exclusively by the terms applicable to these Third-Party Providers.

11. TP reserves the ability to refuse a request for membership to TEAMPULSE Services for any reason, particularly due to non-compliance by the concerned User with the provisions of Articles 3.1.4 and 3.1.5 of these terms.

12. TP cannot in any case be held responsible for verifying the Client's legal capacity to create a Profile, access and use the mobile application and the Services, and possibly subscribe to paid offers of Products and Services through the Site. Thus, if a Client did not have legal capacity or possibly violated the provisions of CGUS TEAMPULSE and/or these, created a Profile and ordered Products or Services on a paid basis through the Site, his legal representatives cannot contest the validity of these orders in any way and must bear full responsibility for them.

3.2 ORDER PROCESS

1. The contractual information as well as the details of the order (price, any discounts, characteristics of the Products, quantities, delivery method and deadlines) are summarized in detail before the final validation of the order.

The Client is invited to carefully reread the details of his order, and to correct any errors that it may contain before validating it by clicking the button " VALIDATE AND PAY MY ORDER ".

2. Clicking the button " VALIDATE AND PAY MY ORDER " using the selected payment method, at the end of the order process (i) formalizes the Client's approval of the content and conditions of the order, (ii) acceptance of the fact that it involves an obligation to pay, (iii) constitutes irrevocable acceptance of these General Sales Conditions.

This double click of validation also constitutes definitive consent to contract with the Seller for the selected Products, subject to the exercise of the withdrawal right reserved for consumers, as mentioned in Article 5 of these terms, it being specified that in accordance with the provisions of Article L.221-28 paragraph 3 of the Consumer Code, the Client does not benefit from any withdrawal right for Products that he has requested to be personalized according to his chosen criteria (see art.5.10).

3. After validating his order on the Site, the Client will receive an acknowledgment of receipt from the Seller by email, replicating the details of it (hereinafter referred to as " Order Confirmation Email "), provided that the email address indicated at the time of the creation of the Client Account is valid and contains no errors.

The Order Confirmation Email constitutes the Seller's acceptance of his order and thereby forms the sales contract between the Client and the Seller.

It will contain all the elements constituting the contract formed between the Client and the Seller (ordered Products, price, deadline and place of delivery or handing over, method and shipping costs, etc.), as well as a copy of the version of these General Sales Conditions, as validated by the Client at the time of validation of his order.

4. The Seller also reserves the right not to confirm, suspend or cancel any execution of an order, whatever its level of execution, for any reason, particularly concerning a payment default or Product unavailability, whether it be payment of any sum that would be due by the Client or dispute relating to the payment of a previous order, or fraud or attempted fraud in the context of using the Site.

3.3 PROOF OF ORDER

The computerized registers, kept in the Seller's or its subcontractors’ IT systems, under reasonable security conditions, will be considered as proof of communication, of orders and of payments made between the Client and the Seller.

The archiving of orders, order confirmations, and invoices is performed on a reliable and durable medium that can be produced as proof.

4. FINANCIAL CONDITIONS

4.1 PRICE

1. The prices of the Products are displayed on the Site in Euros all taxes included (VAT at the rate of 20%) and apply to all clients, regardless of the delivery country of the Products. They are understood per Product unit and do not include shipping costs (order preparation, packaging, transport, and insurance costs), as well as bank fees charged to the Client by his bank in case of payment by bank transfer, which are the sole responsibility of the Client. Shipping costs are displayed at the end of the order process, in the order summary, and vary depending on the total amount all taxes included of the order, as well as the delivery country and the delivery options selected by the Client or applied by TP based on the size and weight of the package.

2. In cases where the Products are delivered to a delivery address located in a country outside the European Union territory, the Client acknowledges and accepts that customs duties, local taxes, and possible excise duties are not included in the prices displayed on the Site, nor in the Product description sheet, nor in the order summary. It is therefore the Client's sole responsibility to contact the relevant authorities to know the amount and payment modalities of potential customs duties, local taxes, and excise duties that will be charged to him for the importation of the Products. 

3. The Seller reserves the right to modify its prices at any time, but the Products will be invoiced based on the rates in effect at the time of registering the Client's orders.

4.2 PAYMENT

1. Orders are payable exclusively in Euros.

2. Payment for orders is made :

     
a) Either online, on the Site, by credit card, through the secure payment solution STRIPE.

The User must enter the card number and expiration date, as well as the visual cryptogram (CVV) located on the back of the credit card.

Accepted credit cards : Carte Bleue, Visa, MasterCard.

The Seller will debit the Client's credit card on the date of confirmation of the order, as evidenced by the Order Confirmation Email.

The Seller guarantees the security and confidentiality of the Client's data related to his credit card.

Payment is indeed made via the secure system STRIPE, which uses TSL encryption technology, which ensures the reliability of exchanges and transactions by encrypting all personal data essential for processing orders, such as email addresses, credit card number, and banking details at the time of input. Banking details are thus encrypted and transmitted directly to STRIPE via a secure connection, without passing through the Site.

TP thus has no access at any time to data related to the User's credit card.

     b) Or online on the Site, by credit card, via the PAYPAL Service, or through the Client's PAYPAL Account if he is already registered with PAYPAL.

The cost of payment through the PAYPAL Service is entirely borne by the Seller and does not require the Client to previously open a PAYPAL account.

Accepted credit cards: Carte Bleue, Visa, MasterCard.

PAYPAL will debit the Client's credit card at the time of validating his online payment.

     c) Or by bank transfer

The Seller will provide its banking details to clients choosing this payment method.

Any bank fees charged to the Client by his bank in case of payment by bank transfer are not included in the price of the Products or in the total amount of the order and remain the sole responsibility of the Client.

     d) Or by bank check

Payment by bank check is reserved for holders of a bank account in Euros domiciled in France.

Checks must be made payable to " TEAMPULSE ".

Please write your contact details and order number on the back of the check, and mail your payment to the address specified in Article 12 of these terms.

The check will be cashed upon receipt of the check, and the definitive registration of the order will occur upon the check's cashing.

The Seller reserves the right to refuse to process an order whose payment has been refused by the relevant banking payment centers.

If two weeks have passed since the sending of the Order Confirmation Email, the order will be canceled if the Seller has not received the check.

The order will be shipped to the Client only upon effective and prior cashing of the Client's bank check.

4. The Client guarantees to the Seller that he has the necessary authorizations to make a payment with the selected payment method at the time of recording his order.

The Seller reserves the right to request a photocopy of a valid identity document and/or the Client's credit card (front only) for any payment by credit card.

In the context of the fight against online fraud, information regarding the Client's order may be transmitted to any third party authorized by law or designated by the Seller solely for the purpose of verifying the Client's identification, validity of the order, payment method used, and planned delivery.

4.3 INVOICE

The Client will automatically receive a bill issued in his name at his email address.

5. CANCELLATION - WITHDRAWAL

1. The Client can cancel his order free of charge within one hour following its validation on the Site, by calling the Seller's Customer Service at the contact details and opening hours specified in Article 12.

Only a written confirmation from the Seller will justify acceptance of the cancellation request.

2. In accordance with European and national regulations, except in cases where he orders Products manufactured according to his specifications or customized (see Article 5.10 of these terms), the Client has a right of withdrawal of fourteen (14) working days from the delivery of the ordered Product(s) to exercise his withdrawal right from the contract thus concluded at a distance, and return the said Products to the Seller, without having to justify (Article L221-18 of the Consumer Code).

If this deadline expires on a Saturday, Sunday, or public holiday, it will be extended until the first Business Day following.

In the case of multiple orders, namely several Products at once, the withdrawal period will run from the receipt of the last Product in the event of unavailability of one Product and the splitting of the order into several shipments.

This right of withdrawal is exercised without penalty except for return shipping costs, which will be borne by the Client.

3. The Client wishing to withdraw must send the Customer Service (see Article 12), before the end of this fourteen (14) day period, the postmark will suffice, the withdrawal form (also in Annex 1 at the end of these terms), also reproduced following these terms. This submission can be made either electronically, following the conditions that will be indicated to the Client on the form, or by registered letter with acknowledgment of receipt.

Failing to use the withdrawal form available to him, the Client may also withdraw through an unequivocal statement expressing his intent to withdraw, which must be sent to the Seller by registered letter with acknowledgment of receipt within the fourteen (14) days following the date of delivery of the Products.

4. Withdrawal will only be taken into account from the moment the Client receives an email confirming the recording of his order return request and indicating the return procedure for the Product(s).

Products must be returned by the Client within a maximum of fourteen (14) days following the date of communication of his decision to withdraw, following the modalities mentioned in Article 5.5 below.

5. The exercise of his right of withdrawal by the Client will only be accepted by the Seller for Products in perfect resale condition.

Products returned damaged, spoiled, or soiled by the Client will not be accepted.

Products in the category of underwear (socks) will also not be accepted if their packaging has been opened.

The Client must therefore take particular care of the Products between the moment of their delivery and their return.

6. In cases where the returned Products do not meet the conditions referred to in Article 5.5 above, the Seller reserves the right :

     a) Not to accept the return of the Product, which will be kept at the Client's risk and peril, for a period of six (6) months from the reception of the Product by the Seller, except in cases where the Product was received in this condition by the Client.

     b) Not to reimburse the Client in full, deducting any amount due in compensation for the damage caused to the Product, as soon as the damage occurs after delivery to the Client.

7. The Client must obligatorily return the Product to the Seller :

     a) In the same packaging in which he received the Product from the Seller, as long as this packaging is perfectly suitable for the nature and value of the Product; 

     b) Following a mode of transport and a transport insurance adapted to the value of the Products, offering a guarantee against loss or damage caused to the transported Products and the payment in such cases of an amount corresponding at least to the value of said Products, as resulting from the price charged by the Seller.

The Seller declines any responsibility in case of loss or deterioration of a Product during transport.

8. The Client will be reimbursed for the amount of the order, including the costs of the initial shipment, under the conditions set out in Article 9 of these terms. However, return shipping costs are the responsibility of the Client.

9. Any return request sent to the Seller after the withdrawal period of fourteen (14) days cannot be accepted, except in case of non-compliance (see Article 7.1) or hidden defect (see Article 7.2).

Notably, the following reasons will not be considered:

     - Inability to contact the Seller by phone (the Client can send a postal or electronic letter to the contact details appearing under Article 12);

     - Absence of the Client or the recipient during the fourteen (14) days following receipt of the order;

     - Product offered by the Client after the fourteen (14) days following receipt of the order.

10. Article L.221-28 paragraph 3 of the Consumer Code stipulates that the right of withdrawal referred to in Article 5.2 does not apply to contracts "for the supply of goods made according to the specifications of the consumer or clearly personalized".

Certain Products offered for sale on the Site fall into this category of products excluded from the scope of the withdrawal right provided by Article L.221-18 of the Consumer Code. 

Therefore, as soon as a Product ordered on the Site is designated in the corresponding Product sheet as being excluded from the scope of the withdrawal right provided by Article L.221-18 of the Consumer Code, the Client acknowledges and accepts that according to the provisions of Article L.221-28 paragraph 3 of the aforementioned Consumer Code, he does not benefit from said withdrawal right.

6. DELIVERY

6.1 Delivery

1. Products are delivered worldwide.

For other planets, the Client is invited to contact the Seller to study the possibility and particular modalities of a potential delivery to the planet in question.

2. Products are delivered to the delivery address specified by the Client during the order process, and are also mentioned in the Order Confirmation Email referred to in Article 3.2.3. In case of error in the wording of the Client's details (including name, first name, street number and name, postal code, phone number, or email address, etc.), the Seller cannot be held responsible for the impossibility or delay of delivery.

The Seller cannot also be held responsible for the impossibility or delay of delivery in cases where the Client does not receive the information by email or SMS regarding the shipment and delivery date of the Products, particularly due to various technical problems that may hinder the smooth circulation of this information, over which the Seller has no control.

3. Regardless of the delivery method selected by the Client, the package is handed over to the Client or the recipient.

In case of absence of the Client or the recipient, the Client or the recipient of the order receives a notice of passage by email or SMS, or in his mailbox, allowing him to collect the package at the location indicated by the carrier, or to arrange a new delivery appointment with the carrier.

4. The Client acknowledges having been informed and accepts that, unless he chooses a Premium delivery method to an upper floor, he must take delivery of the Products at the bottom of the transport vehicle, given that the general conditions of service of the carriers stipulate that transport vehicle drivers are not obliged to deliver to the upper floors of residential buildings.

5. In the event that the Client or the recipient is absent at the time of delivery, and if they do not proceed to collect the Product(s) within the allotted time, or do not arrange with the carrier for a new delivery appointment, they will be returned to the Seller, who will refund the price to the Client, minus shipping costs, including returns, under the conditions referred to in Article 9, unless the Client wishes that his order be reshipped at his expense.

6. In the event that the Client or recipient of the ordered Products finds a damage or missing item at the time of delivery, whether regarding the condition or content of his package, the Client or recipient of the ordered Products is required:

     a) To record on the delivery slip precise and justified reservations, such as the number of missing and/or damaged Products or packages, accompanied by a detailed description of the possible damage (open or torn packaging, spoiled or missing product, etc.)

In the absence of precise reservations, the Client acknowledges having received delivery compliant with his order and in good condition, without this hindering the possible subsequent application, if necessary, of the conventional or legal guarantees mentioned in Article 7 of these terms. Refusal of the merchandise, in the absence of precise reservations on the delivery slip, will be considered an exercise of your withdrawal right, as provided in Article 5 of these terms.

      b) To report these incidents to the Seller by contacting the Seller's customer service as soon as possible, at the contact details referred to in Article 12, to agree on the exchange modalities of the damaged or missing Products.

7. The Client will be notified by SMS and/or email of the availability of his package in the Relay Point, and it will remain available for him for 8 calendar days. After this period, the packages that have not been collected by the client will be returned to TeamPulse (14 Parc Métrotech - 42650 SAINT JEAN BONNEFONDS – FRANCE). A refund for the merchandise may be made (excluding sublimated and personalized products), deducting shipping costs from the total order amount. In the event that the client wishes a reshipment of the package, he must bear the relaunch fees.

6.2 Shipping methods

1. The transportation methods vary according to the choices made by the Client at the time of his order.

2. Shipping rates always include insurance for the package against loss or damage caused to the transported Product(s), excluding immaterial damages, consequential losses due to delays, and indirect damages (loss of enjoyment...).

6.3 Delays

The Seller will inform the Client of the delivery deadline on the product presentation page and in the Order Confirmation Email referred to in Article 3.2.3.

This delay applies only to deliveries in the countries of the European Union and runs from the date of effective cashing of the payment.

In the event of delay regarding this announced delivery deadline, the order may be canceled and refunded to the Client, subject to sending a registered letter with acknowledgment of receipt expressly stating a request for cancellation of the order.

The Client will be refunded under the conditions mentioned in Article 9 of these terms.

7. WARRANTIES

7.1 COMPLIANCE AND APPARENT DEFECTS

1. To avoid any inconvenience to the Client, the Seller checks the compliance of the Products with the order before dispatch.

2. The Consumer Code defines and frames the legal warranty of compliance as follows:

Article L217-4: "The seller is obliged to deliver a good conforming to the contract and is liable for defects in compliance existing at the time of delivery. He is also liable for defects in compliance resulting from the packaging, assembly instructions or installation when this has been made at his charge by the contract or has been carried out under his responsibility. "

Article L217-5: "To be compliant with the contract, the good must :

     1) Be fit for the usual expected use of a similar good and, where appropriate:  
- correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model  
- present the qualities that a buyer can legitimately expect according to the public statements made by the seller, the producer or his representative, notably in advertising or labeling;

     2) Or present the characteristics defined by mutual agreement of the parties or be fit for any special use sought by the buyer, brought to the seller's attention and accepted by him.

Article L217-12: The action resulting from the lack of compliance is barred after two years from the delivery of the good.

3. The Seller therefore commits, within the framework of the legal warranty of compliance to replace or refund the Products that do not meet the compliance criteria referred to in the articles of the Consumer Code reproduced in Article 7.1.2 above.

4. The Client thus has a period of two (2) years, from the delivery of a Product, to notify the Seller, by email sent to Seller's Customer Service (see Article 12), of any reservations concerning the compliance of delivered Products.

5. The Seller will then send an email confirming his acceptance of the return of the Product(s), as well as, if applicable, a return number that he must include on the package when returning the non-compliant or defective Product.

6. Products must be returned in perfect resale condition.

Products returned damaged, spoiled or soiled by the Client will not be accepted.

The Client must therefore take care of the Products between the moment of their delivery and return.

Products in the category of underwear (socks) will not be accepted if their packaging has been opened.

7. In cases where returned Products do not meet the conditions referred to in Article 7.1.6 above, the Seller reserves the right :

     a) Not to accept the return of the Product, which will be kept at the Client's risk and peril, for a period of six (6) months from the receipt of the Product by the Seller, except in cases where the Product was received in this condition by the Client.

     b) Not to reimburse the Client in full, deducting any amount due as compensation for the damage caused to the Product, as soon as the damage occurs after delivery to the Client.

8. The Client must obligatorily return the Product to the Seller :

     a) In the same packaging in which he received the Product from the Seller, as long as this packaging is perfectly suited to the nature and value of the Product; 

     b) Following a mode of transport and a transport insurance adapted to the value of the Products, offering a guarantee against loss or damage caused to the transported Products and the payment in such cases of an amount corresponding at least to the value of said Products, as resulting from the price charged by the Seller.

The Seller declines any responsibility in case of loss or deterioration of a Product during transport.

9. Any return accepted by the Seller, in case of non-conformity of delivered Products, as certified by the Seller will allow the Client to obtain a free replacement or refund of the said Product(s), in accordance with the provisions of Article 9 of these terms, excluding any other indemnity.

10. In the event of a refund request for the Product(s), accepted by the Seller, the shipping and return costs of the said Products will be refunded based on the charged rate, with the Seller reserving the right to refund the Client at the cost of a standard delivery.

If the Client opts for a credit, the initial shipping costs and the price of the Product will be credited to his Client Account, at the cost of standard delivery.

The Seller will not accept packages sent with payment due.

All risk associated with the return of Products will be borne by the Client.

7.2 HIDDEN DEFECTS

1. The Seller is bound to the legal warranty for hidden defects, under Article 1641 and following of the Civil Code, which states: "The seller is bound to guarantee against hidden defects in the thing that renders it unfit for the use to which it is intended, or that diminishes this use to such an extent that the Client would not have acquired it, or would have given only a lower price, had he known of them".

2. The Client thus has a period of two (2) years, from the discovery of a hidden defect affecting the Products, to send the Seller a request to benefit from the warranty against hidden defects that would affect the Products.

3. To benefit from the warranty for the Products the Client must keep the purchase invoice for the Products.

4. In any case, the Client who reports a hidden defect must be able to demonstrate that :

     (i) the defect was prior to the sale ;

     (ii) the Product has been properly maintained and has not been subject to abnormal and non-compliant use with the usage it is intended for;

     (iii) the defect is not linked to the time or the normal evolution of the Product.

5. To allow the Seller to evaluate the Product, the Client is asked to keep it available according to the modalities which will be communicated to him, being specified that the Seller will organize their return at its own expense, and that the Client will be required to package the Product and drop it off with the carrier indicated to him.

6. In the event that the Client does not wish for the free replacement of the Product(s), the refund will be made under the conditions mentioned in Article 9.

7.3 EXCLUSIONS OF WARRANTIES

No warranty, for any defects affecting the Products, which would result from inappropriate maintenance and usage conditions

If the Products are covered by the manufacturer's warranty, within the limits of its application, no warranty, neither legal nor conventional, covers any defects affecting the Products, or characteristics of the Products, as well as direct and indirect damages suffered by the Client or third parties due to abnormal and non-compliant use of the Products and to the use for which they are intended or even due to time and the normal evolution of the Product.

Damages specifically mentioned in Product sheets or on their packaging, labels and any documentation possibly attached to the Products or downloadable on the Site or that of each of these Products' manufacturers, being reminded that the Client is solely responsible for the choice of the Products, as well as their storage, preservation, and use.

8. RETENTION OF TITLE CLAUSE

By express agreement, the Seller reserves ownership of the Products supplied until the day of their full payment, in accordance with the terms of law no. 80 336 of May 1, 1980, relating to retention of title.

This provision does not prevent the transfer to the Client's benefit of the risks related to the Products sold, said transfer occurring upon delivery of the Products to the address indicated by the Client at the time of his order, or upon collection of the Products from the carrier.

9. REFUND

1. Refunds for Products in the cases provided under these Conditions will be made within a period not exceeding fourteen (14) days after the Seller receives the Products that have been returned by the Client.

2. The refund will cover all sums paid by the Client under the order, including shipping costs to the Client – in the event that the Client initially chose an express delivery method, the Seller reserves the right to refund the Client at the cost of standard shipping.

It is reminded that in the framework of the eventual exercise of his right of withdrawal by the Client, the return costs will not be subject to any refund.

In other cases of return, as provided under articles 7.1 and 7.2, return costs will be refunded to the Client, who must however provide the Seller with the necessary justifications (carrier invoice).

3. The refund will be made by bank transfer using the RIB/IBAN transmitted by the Client or by bank check or, in case of prior agreement from the Client, by any other method proposed by the Seller, including a credit or gift voucher.

10. LIABILITY

1. The offered Products comply with current community legislation and applicable standards in France and within the
European Union.

2. The Seller cannot be held liable for non-performance of the contract due to force majeure, as defined by Article 1218 of the Civil Code or due to the Client's fault or due to an insurmountable and unpredictable third party fault.

3. The Client is solely responsible for the choice of Products, their maintenance, and use.

11. INTELLECTUAL PROPERTY

1. All visuals, videos, and photographs visible on the Site, and notably those representing and illustrating the Products are necessarily protected by copyright and all other intellectual property rights and belong to the Seller or to third parties who have authorized the Seller to exploit them.

Any reproduction and/or representation of any nature whatsoever, without authorization, of a visual, image, video or photograph represented on the Site constitutes an infringement and will be pursued.

2. Likewise, all other data of any nature, notably texts, graphics, logos, icons, images, photographs, audio or video clips, brands, software, characteristics of the site appearing on the Site are necessarily protected by copyright, trademark rights and all other intellectual property rights, and belong to the Seller or to third parties who have authorized the Seller to exploit them.

The Seller grants the Client a private, non-collective, and non-exclusive right to use said data.

3. The Client agrees in these conditions not to reproduce, summarize, modify, alter or rebroadcast, without the Seller's express prior authorization, any text, title, application, software, logo, image, photograph, graphic charter, video, brand, information or illustration, for a purpose other than strictly private

12. CUSTOMER SERVICE

For any information or question, Customer Service is available to Clients:

·       By phone at +33 7 81 66 42 98: from Monday to Friday from 09:30 to 12:00 and from 14:00 to 17:30,

·       Preferably by email at the address equipementier@teampulseapp.fr,

or even using our contact form

·       By postal mail at the following address: TEAMPULSE - Customer Service – 14 Parc Métrotech - 42650 SAINT JEAN BONNEFONDS – FRANCE

13. PERSONAL DATA

1. The Seller collects and processes personal data of the Client, as well as, where applicable, those of the recipient of the orders concluded by the Client in accordance with the legal requirements of the Computer and Freedom Law of January 6, 1978 and the Regulation (EU) 2016/679 of April 27, 2016 on data protection (GDPR).

2. The purposes, recipients, retention periods and conditions under which the Seller collects and processes personal data, as well as the rights of the individuals concerned in connection with these processing operations are precisely detailed in the "Personal Data Management and Cookies Policy of TEAMPULSE ".

14. MISCELLANEOUS

1. These terms, as well as those included in the Order Confirmation Email referred to in Article 3.2.3, express the entirety of the Client's obligations as well as those of the Seller.

The Seller reserves the right to unilaterally modify the terms of these conditions, the conditions applicable to the Client being those in effect on the Site at the date of the Client's order placement. It is therefore advisable for the Client to regularly refer to the latest version of the General Sales Conditions available permanently on the "General Sales Conditions" link of the Site.

The Client may also print or save these Conditions in pdf format, either from the Site or through the file that is sent to him in the email confirming his order.

2. In the event that any provision of these Conditions is considered null under a legal or regulatory provision, present or future, or a court decision having authority over the matter and emanating from a competent court or body, this provision of the contract will then be deemed unwritten, all other provisions retaining their obligatory force between the parties.

3. The fact that one or the other of the parties does not invoke at a given moment one of the provisions of these general conditions shall never be considered as a waiver on their part of the rights they hold from these.

15. GOVERNING LAW – DISPUTES – CONSUMER MEDIATION

1. These General Sales Conditions are subject to French law, and only the French-language version is authoritative for their interpretation.

2. Any dispute arising from the execution or interpretation of the provisions of this contract obliges the parties to come together and try to find an amicable solution to their dispute before seizing the competent jurisdiction.

3. THE CLIENT ACKNOWLEDGES AND ACCEPTS THAT ONLY FRENCH COURTS WILL BE COMPETENT, IN APPLICATION OF THE RULES SET FORTH BY THE FRENCH CODE OF CIVIL PROCEDURE.

4. In accordance with Articles L.612-1 of the Consumer Code, any consumer has the right to use a mediator of consumption free of charge in order to resolve amicably the dispute that opposes him to a professional. For this purpose, the Seller guarantees the Client effective recourse to a consumer mediation device in case of dispute, and in the case the Client wishes to have recourse to mediation, he may refer to the CNPM (National Chamber of Mediators) at the following contact details :

CNPM
27, avenue de la Libération
42400 Saint-Chamond
Email address: contact-admin@cnpm-mediation-consommation.eu

Tel: +33 9 88 30 27 72

www.cnpm-mediation.org/

Article R612-4 of the Consumer Code

The mediator, by informing the parties of the solution he proposes, reminds them, by simple mail or electronically :

1° That they are free to accept or refuse his proposal for a solution;

2° That participating in mediation does not exclude the possibility of recourse to a court;

3° That the solution may differ from the decision that would be made by a judge.

The mediator also specifies the legal effects of accepting the proposed solution and sets a period for acceptance or refusal of it.

4. In accordance with Articles L.152-1 to L.152-5 of the Consumer Code, any consumer has the right to recourse free of charge to a mediator of consumption in order to resolve amicably the dispute that opposes him to a professional. For this purpose, the Seller guarantees the Client effective recourse to a consumption mediation device in case of dispute and in the case the Client wishes to have recourse to mediation.

Annex 1 - WITHDRAWAL FORM

To be sent within a maximum of 14 days from the date of delivery of the order to the following address :

·       TEAMPULSE - Customer Service - 14 Parc Métrotech - 42650 SAINT JEAN BONNEFONDS – FRANCE

·       Email : equipementier@teampulseapp.fr

I hereby notify you of my withdrawal from the contract for the sale of the below Product(s), in accordance with the provisions of Article 5 of the General Sales Conditions of TeamPulse:

·       Order No……………………………

·       Date of receipt : ___/___/20___

·       In case of ordering several Products and withdrawing regarding only some of these Products, please precisely indicate the references of the Products concerned : .............................................................................................................................................. ..............................................................................................................................................

·       Name of the Client :

·       Address of the Client :

·       Date :

Client's Signature (only in case of notification of this form on paper) :