It is hereby specified that the present conditions govern the sales, by Arnoli, a simplified joint stock company with a capital of 1000 euros, whose registered office is at 7, rue Condorcet – 91350 Grigny, registered with the Evry Trade and Companies Registry under the number 922167044, of all products offered for sale on their website www.simusports.fr (hereinafter the “Site”).
Prior to this date, and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, the present conditions of sale are made available to any buyer for information purposes.
You declare that you have read the present General Terms and Conditions of Sale and have accepted them before your immediate purchase or the placing of your order.
These Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to your purchase is the one in force at the date of the immediate purchase or the placing of the order.
The validation of your order implies acceptance without restriction or reservation of these General Conditions of Sale.
ARTICLE 1 – PRICES
The prices of our products are indicated in euros all taxes included except participation in the expenses of treatment and forwarding.
For all products shipped outside the European Union and to French overseas departments and territories, VAT will not be applicable but customs/import duties or other local or state taxes may be payable. These rights and sums are not under the jurisdiction of the seller. You will be responsible for the cost of these services and for making all necessary declarations and payments to the appropriate authorities and organizations in your country or locality. We advise you to ask your local authorities about these aspects.
All orders, regardless of their origin, are payable in Euros.
The products will be invoiced on the basis of the prices in force at the time of the recording of the orders. Unless there is a discrepancy with trade law, in which case you will be notified of the change.
The products remain the property of the seller until full payment of the price.
ARTICLE 2 – ORDERING
Orders and pre-orders are made on the Site by clicking on the “Add to cart” or “Pre-order” button.
The sale is deemed concluded on the date of acceptance of the order or the pre-order by the seller.
The contractual information is presented in French language and will be the object of a confirmation taking again this contractual information at the latest at the time of the delivery.
The seller reserves the right to cancel or refuse any order or pre-order from a customer with whom there is a dispute over payment of a previous order.
ARTICLE 3 – VALIDATION
You declare that you have read and accepted the present General Terms and Conditions of Sale before placing your order or pre-order. The validation of your order/pre-order is therefore equivalent to acceptance of these General Terms and Conditions of Sale.
Unless proven otherwise, the data recorded by the seller constitutes proof of all transactions between the seller and its customers.
ARTICLE 4 – AVAILABILITY
4.1 For products without pre-orders
Our product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. In this context, information on the availability of products is provided to you at the time of placing your order.
Nevertheless, exceptionally, it may happen that there are simultaneous orders or stock errors making the ordered product unavailable.
In the event of unavailability of product after placing your order, we will inform you by mail or by post upon receipt of information received by the suppliers. If you wish, your order can be cancelled and you will be immediately refunded if your bank account has been debited.
Beyond a period of 3 months, for reasons of expiry of the authorization of taking on the card, you will be informed by e-mail and you will be able to choose either to keep your order while waiting for the missing product or to ask for a cancellation and immediate refund.
4.2 For pre-orders
Some products may be offered for pre-order with a provisional availability date.
If the pre-ordered products turn out to be unavailable at the announced availability date, we will inform you by e-mail. Your order will be automatically cancelled and you will be immediately refunded if your bank account has been debited.
Moreover, as these products are not stocked in our warehouses, our offers are valid subject to availability from our suppliers and some products may be limited in quantity when pre-ordered.
If one of our suppliers is unable to deliver enough products to fulfill all pre-orders placed, the seller will cancel the last pre-orders that cannot be fulfilled. If this is the case, you will be informed by email and you will be immediately refunded if your bank account has been debited.
ARTICLE 5 – DELIVERY
Shipments are made from Monday to Friday. The products are delivered to the delivery address you indicated during the ordering process. The delivery times are only indicative and do not constitute a contractual document.
For shipments in France : the products are sent, according to your choice, via Colissimo home delivery (48h-72h – working days, for Metropolitan France) or via Mondial Relay (2 to 5 days – working days, for Metropolitan France).
For shipments abroad : Colissimo or Mondial Relay will be used depending on the destination. The delivery time is variable and given as an indication according to the selected destination. We send by mail the number of the parcel allowing you to follow it on the website of the chosen delivery company.
Attention: when sending to a country other than metropolitan France, you are the importer of the products concerned. For all products shipped outside the European Union and DOM- TOM, the price will be calculated excluding VAT automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be at your sole charge and are your sole responsibility.
In case of delay in shipping, an email will be sent to you. In this case, and as long as the preparation of your order has not begun for shipment, you can request its cancellation and refund.
ATTENTION : In the case where the order would include one (or more) product(s) in pre-order as well as one (or more) product(s) already available, the totality of the order will be put on hold and will be sent only when the totality of the products will be available.
If you wish to receive the product(s) already available immediately, you will need to place two separate orders.
ARTICLE 6 – PAYMENT
The payment of your purchases is made by credit card or paypal. CB (3D-Secure) and Paypal payments are made when the order is placed.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, you have a period of 14 calendar days from the receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty.
You must inform the seller of your decision to withdraw by sending him an e-mail, before the expiry of the fourteen day period. Or by proceeding to a request for return from your account by selecting the items concerned, then by informing the reason for withdrawal and finally validating your choice by clicking on “Generate a return”.
Once this notification is sent, you have another 14 days to return the product(s) concerned by tracked parcel or registered parcel with acknowledgement of receipt to the following address Simusports, Customer Service, 7 rue Condorcet – 91350 Grigny.
The returned products must be in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, and accompanied by a copy of the invoice for optimal management.
Items returned incomplete, damaged or soiled by the customer will be reimbursed with a discount relative to the deterioration of the product.
Only the price of the products being the subject of a retraction will be refunded, the expenses of return remaining with your load. The refund will be made within fourteen (14) days from the receipt by the seller of the request to exercise the right of withdrawal.
The seller may defer the refund until receipt of the product(s) subject to the order, until you have provided proof of shipment of such product(s), the date of the first of these facts.
Certain products and services listed in article L221-28 of the French Consumer Code are not subject to the right of withdrawal. These include:
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal. Thus, in the context of the supply of dematerialized products and as set out in Article 11, you acknowledge that you expressly waive your right of withdrawal.
ARTICLE 8 – COMPLAINTS / RETURNS
We commit ourselves to exchange you the apparently defective, damaged or damaged products or not corresponding to your order.
In this case, we thank you for reporting in detail to the Customer Service whose coordinates are indicated in Article 12, and this before any return.
In case of defective products or elements we will invite you to send us back the product(s) or elements so that we can send you back the replacement elements. You will be informed of the return procedure in response to your e-mail.
The shipping costs will be reimbursed according to the conditions of article 10.
In any case, you benefit from the legal guarantees set out in Article 9.
ARTICLE 9 – PRODUCT COMPLIANCE
The products offered are in accordance with the French legislation in force.
9.1 Legal warranty of conformity
The seller is liable for any defects in conformity appearing on the products for a period of two (2) years from their purchase.
It is recalled that under the legal guarantee of conformity :
- you have a period of two years from the delivery of the property to act against the seller;
- you can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- you are exempt from proving the existence of the lack of conformity of the goods during this period.
This warranty entitles you to a free repair or exchange of your product, subject to the cost conditions provided by law. Otherwise, if the repair or exchange is impossible or could not be implemented within one month of its acceptance, the seller will refund the price.
In order to make use of this guarantee, the products must be returned to us in the state in which they were received with all the elements (accessories, instructions…) as well as a copy of the invoice. Products returned by mail must be in a packaging allowing a transport in good conditions. In this case, the cost of returning the product will be reimbursed under the conditions described in Article 9.
9.2 Warranty against hidden defects
You can also implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
This guarantee must be exercised within two years from the discovery of the defect. It will then be up to you to prove that the defect existed at the time of purchase, that it was hidden and that it makes the product unusable.
The provisions of this article do not prevent you from benefiting from the right of withdrawal (satisfied or reimbursed) provided for in Article 7.
ARTICLE 10 – REIMBURSEMENT
Refunds of products in the cases referred to in Articles 8 and 9 will be made within 30 days or less after receipt of the products by us. The refund of the shipping costs of the initial order will be made on the basis of the least expensive mode of transport proposed by the seller at the time of the order.
The refund will be made at the choice of the seller by crediting your bank account or by check sent to the name of the customer who placed the order and to the billing address. No COD shipments will be accepted for any reason.
ARTICLE 11 – CUSTOMER SERVICE
For any information or question, our salesmen are at your disposal:
ARTICLE 12 – LIABILITY
The photographs and visuals illustrating the products are only indicative and do not constitute a contractual document. We invite you to refer to the description of each product to know the precise characteristics; and in case of doubt or if you wish additional information do not hesitate to contact us.
In the event of an obvious error between the characteristics of the product and its representation and/or the conditions of sale, the seller shall not be held liable.
Although the Seller makes every effort to ensure that the servers are always available, access to the Site may be temporarily suspended for technical or maintenance reasons, without prior notice.
The seller is not responsible for the permanent updating of the Site and is not responsible for the content of sites to which hyperlinks appear on the Site, or which are linked to it by any means whatsoever.
Seller does not warrant that the Site is free of viruses and other harmful components. It is your responsibility to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating on the Internet. In this respect, you accept that the seller and its service providers cannot be held responsible for any incidental, material and/or immaterial, direct and/or indirect damage that may result from access to or use of the Site, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect your computer equipment, and/or the presence of viruses on its Site.
In addition, any material downloaded and/or obtained in any way while using the Site is done so at your sole risk. The seller will not be responsible for any damage and/or loss of data.
ARTICLE 13 – APPLICABLE LAW – DISPUTES
The present general conditions of sale in French language are executed and interpreted in accordance with the French law.
In the event of a dispute, you should first contact the seller to obtain an amicable solution. If no settlement is reached, you may choose to:
– To resort to an amicable mediation solution within a maximum of one (1) year from your written complaint to the attention of the seller:
- or by referring the matter to a consumer mediator for an amicable resolution of the dispute. To this end, the dispute shall be submitted to mediation in accordance with the mediation rules of the CMAP – Centre de médiation et d’arbitrage de Paris – near the Paris Ile-de-France Chamber of Commerce and Industry,
- or by using the dispute resolution platform put online by the European Commission by clicking here. The European Commission will transfer your complaint to the notified competent national ombudsmen.
Failing this, the French courts will have exclusive jurisdiction.
APPENDIX
ARTICLES OF THE CONSUMER CODE RELATING TO THE LEGAL GUARANTEE OF CONFORMITY
Article L217-4
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5
The good is in conformity with the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6
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 could not legitimately have known them.
Article L217-7
Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months.
The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L217-8
The buyer is entitled to demand that the goods conform to the contract. However, he may not contest compliance by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies if the defect originates in materials supplied by the customer.
Article L217-9
In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L217-10
If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or keep the property and have part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be done without major inconvenience to the client, given the nature of the property and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.
These same provisions do not prevent the awarding of damages.
Article L217-12
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-13
The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by the law.
ARTICLES OF THE CIVIL CODE RELATING TO THE GUARANTEE OF THE DEFECTS OF THE SOLD THING
Article 1641
The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer could convince himself.
Section 1643
He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned, as arbitrated by experts.
Article 1645
If the seller was aware of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.
Article 1646
If the seller was unaware of the defects of the thing, he will only be held to the restitution of the price, and to reimburse to the buyer the expenses caused by the sale.
Article 1647
If the thing that had defects has perished because of its bad quality, the loss is for the seller, who will be obliged towards the buyer to return the price and the other compensations explained in the two previous articles.
But the loss arrived by fortuitous case will be for the account of the buyer.
