General conditions of sale of products online to individual consumers

Preamble

These general conditions of sale apply to all sales concluded on the reaverfit.com website.

• MAIORA, a simplified joint stock company, registered in the Dijon Trade and Companies Register under number 893 113 159, and whose head office is at 19 Rue du Cottage, Fontaine-lès-Dijon, 21278, France.

  • Website : reaverfit.com

  • Contact: contact@reaverfit.com

  • E-commerce platform: Shopify

  • Hosting: Shopify

The website https://reaverfit.com sells sports clothing and accessories. The customer declares having read and accepted the general conditions of sale prior to placing his order.

Validation of the order therefore constitutes acceptance of the general conditions of sale.

Article 1 - Principles

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Reaverfit website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

These general conditions of sale are valid until January 31, 2022.

Article 2- Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Reaverfit website.

These conditions only apply to purchases made on the Reaverfit website and delivered exclusively in mainland France or Corsica. For any delivery to the French overseas departments and territories or abroad, please send a message to the following email address: contact@reaverfit.com .

These purchases concern the following products: sports clothing and accessories.

Article 3 - Pre-contractual information

The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.

The following information is transmitted to the buyer in a clear and comprehensible manner:

- the essential characteristics of the property;

- the price of the good and/or the method of calculating the price;

- if applicable, all additional transport, delivery or postage costs and all other possible costs payable;

- in the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the goods, whatever their price;

- information relating to the identity of the seller, its postal and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.

Article 4 - The order

The buyer has the possibility of placing his order online, from the online catalogue and using the form provided therein, for any product, within the limit of available stocks.

For the order to be validated, the buyer must accept, by clicking on the indicated place, the present general conditions. He must also choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

• after sending the buyer confirmation of acceptance of the order by the seller by email;
• and after receipt by the seller of the full price. Any order constitutes acceptance of the prices and the description of the products available for sale.

Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding the tracking of an order, the buyer sends an email to the seller at the following email address: contact@reaverfit.com . 

Article 5 - Electronic signature

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:

• due date of the amounts due under the purchase order;
• signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller by email at the following address: contract@reaverfit.com .

Article 6- Order confirmation

The seller provides the buyer with an order confirmation, by email. The order confirmation email may be in the spam folder.

Article 7- Proof of the transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8- Product information 

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not systematically contractual.

Article 9 - Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.

Article 10 - Method of payment

This is an order with payment obligation, which means that placing the order implies payment by the buyer. To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.

Payment of the price is made in full on the day of the order, according to the following terms:

- bank card

- paypal

Article 11 - Availability of products - Reimbursement Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France, the period is 2 to 15 working days from the day after the buyer placed his order and depending on the shipping method selected at the time of payment of the order. At the latest, the period will be 30 working days after the conclusion of the contract.

Orders are generally dispatched within 5 to 48 working hours from the day after the buyer places the order. However, please note that processing time may exceptionally be affected by stock availability, time of year, public holidays, etc. at the latest, the period will be 14 working days after the conclusion of the contract.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.

Article 12 - Delivery terms

Reaverfit takes responsibility for your order until it is delivered. Delivery can be made in different ways: directly to your mailbox or to a collection point, depending on your choice of delivery method. Once the delivery service indicates that the delivery has been made, Reaverfit is no longer responsible for theft of the package or any other damage. If you do not receive your package, you have the option to file a claim with the shipping service.

The products are delivered to the shipping address indicated by the buyer when ordering. It is important that the buyer ensures the accuracy of this address. In the event of the package being returned to the sender due to an incorrect or incomplete address, if the buyer benefits from free delivery and wishes a refund, the return costs will be deducted from the refunded amount. If the buyer wishes a reshipment, the reshipping costs may, depending on the case, be borne by the buyer.

If the buyer wishes to receive the invoice at an address other than the delivery address, he can specify this when ordering.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

If the products need to be returned, a return request must be made to Reaverfit within 14 days of delivery. Only products in their original condition (packaging, flyer, labels, etc.) will be accepted for return. Any claim made outside of this period will not be accepted.

Reaverfit shall not be liable for any delay in delivery due to reasons beyond its reasonable control, including but not limited to: customs, utility strikes, civil unrest, weather conditions, natural disasters, fire, epidemics or failure of public or private telecommunications networks.

Returns to sender

If a package is returned to Reaverfit because delivery could not be made for reasons beyond our control, including if the customer does not collect their order, a fee will be applied. In the event that the customer requests a refund for this package, the shipping costs of the order will be deducted from the refunded amount. If the customer wishes to have the package returned to them, they will receive a request for payment for the processing fee.

Please note: Failure to collect an order from a Relay Point /Locker or post office, which would result in it being returned to the sender, will not qualify for a refund. Return costs are the responsibility of the customer.

Article 13 - Delivery errors

The buyer must notify the seller on the same day of delivery or at the latest on the first working day following delivery, of any claim for delivery errors and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made after this deadline will be rejected.

The complaint may be made by email to the following address: contact@reaverfit.com .

Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the seller from any liability towards the buyer.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo, to the following address: MAIORA - 108 RUE GODARD, 33200, BORDEAUX, FRANCE.

Return costs are the responsibility of the customer.

Article 14 Product warranty

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

• the buyer has a period of 2 years from delivery of the goods to take action;
• the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

14-2 Legal guarantee of hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of sale of the goods and are such as to render the goods unfit for the use for which they are intended. This guarantee must be implemented within two years of the discovery of the defect.

The buyer may choose between the resolution of the sale or a reduction in the price in accordance with article 1644 of the civil code.

Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the form available on this website.

Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased will be refunded. The return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 14 days at the latest and from receipt by the seller of the products returned by the buyer under the conditions provided above.

Article 16 - Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure.

Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, the sole holder of intellectual property rights over this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 18 - Data Protection and Freedoms

The personal data provided by the buyer are necessary for processing the order and issuing invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Reaverfit website has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Reaverfit site.

Article 19 - Partial non-validation 

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

Article 23 - Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.

Article 25 - Protection of personal data 

Data collected

The personal data collected on this site are as follows:

- account opening : when creating the user account;

- connection: when the user connects to the website, the latter records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;

- profile: the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;

- payment: as part of the payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;

- communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;

- cookies: cookies are used, as part of the use of the site. The user has the option to deactivate cookies from his browser settings.

Use of personal data

The personal data collected from users is intended for the provision of website services, improvement and maintenance of a secure environment. More specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the conditions of use of Payment Services;

- verification, identification and authentication of data transmitted by the user;

- offering the user the possibility of communicating with other users of the website;

- implementation of user assistance;

- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- prevention and detection of fraud, malware (malicious software) and management of security incidents;

- management of possible disputes with users;

- sending commercial and advertising information, based on the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user authorizes a third party website to access his data;

- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may carry out the transmission of data to respond to claims made against the website and to comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@reaverfit.com

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• the right to erasure of data: users may request the erasure of their personal data, in accordance with applicable data protection laws.
• the right to restriction of processing: users can ask the website to restrict the processing of personal data in accordance with the assumptions provided for by the GDPR.
• the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
• the right to portability: they can request that the website provide them with the personal data provided to it in order to transmit it to a new website.

Evolution of this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he or she has the option of deleting his or her account.

Appendix

Consumer Code

Article L. 217-4: “ The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Article L.217-5: “ The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L.217-7: “ Any lack of conformity which appears within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L.217-8: “ The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates in the materials that he himself supplied.”

Article L.217-9: “ In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L.217-10: " If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he seeks. However, the sale cannot be cancelled if the lack of conformity is minor."

Article L.217-11: “ The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.

These same provisions do not prevent the allocation of damages.

Article L.217-12: “ The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article L.217-13: “ The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.”

Article L.217-14: “ The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code .”

Article L.217-15: “ The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.

Furthermore, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.

In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.

Article L.217-16: “ When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention.

Civil Code

Article 1641: “ The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”

Article 1648: “ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for in Article 1642-1 , the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.