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General terms and conditions of use for internet sales

 

Article 1 - General terms and conditions

The present general terms and conditions of use and sale (hereafter referred to as "terms of use") establish the contractual terms and conditions of sale for products offered for sale by the company SPO FID BACK through its commercial website: www.yogasearcher.com (hereafter referred to as « the website »)

The company SPO FID BACK (hereafter referred to as either "YOGA SEARCHER" or "the vendor" or "seller" is a limited liability company with a capital of 7622.45 Euros and head offices located at 9, rue des Acacias in CAPBRETON (40130) FRANCE, registered at the Dax Commerce and Companies Registry (Registre du commerce et des sociétés) under number 351 361 738.  The company's VAT registration number is FR 00 351 361 738 and SIRET number 351 361 738 00047. The company is represented by Mrs Bénédicte PEROZ.

The products to which the present terms and conditions apply (hereafter referred to as "products") are manufactured and sold by SPO FID BACK, are visible and available through the website within the limit of available stock.

The present contract binds SPO FID BACK and all physical persons (hereafter referred to as "customer"), purchasing for non-commercial use who can provide a valid shipping address in one of the countries detailed in article 3 of the present terms of use and who wish to purchase products from the website (hereafter referred to as "order") strictly for personal use.

Customers may contact the SPO FID BACK customer service department at any time:

-        By mail: SPO FID BACK – 9 Rue des acacias – 40130 CAPBRETON

-        By telephone:  +33(0)558724506

-        By email: info@yogasearcher.fr

In the present terms of use, SPO FID BACK and the customer shall be designated unilaterally as "the party" or jointly as "both parties".

 

Article 2 - Purpose

The present terms of use define the conditions of sale between the customer and SPO FID BACK for all products ordered through the website.

Both parties expressly acknowledge and agree to the present terms of use, rights, promises and obligations herein, as well as to all steps relative to the ordering process. Validation of an order by the customer implies accepting the present terms of use with no restrictions whatsoever. To this end, customers are responsible for reading the present terms of use and checking the box "I have read and agree to the general terms and conditions of use" when placing an order. Customers may save and/or print these terms of use for their records.

SPO FID BACK may revise or amend the terms of use at any time, are applicable from the moment they are active on the website and apply to all orders placed from that point on.

In the event that a condition of sale were missing from the present terms of use, then such sales shall be governed by the rules and common practice applicable to distance sale companies based in France.

The present terms of use are available in French and in English, the original version being French. In the event of any difficulty or interpretation, doubt, dispute or litigation, the French version shall prevail.

 

Article 3 - Validity of offers

Products offered by SPO FID BACK on the website may only be sold to customers that can provide a valid shipping address in metropolitan France and overseas territories, Corsica, Belgium and the United Kingdom (with the exception of Jersey, Guernsey and the Isle of Man) and Germany (with the exception of Helgoland Island and Büsingen).

All products visible and offered on the website are available within the limit of available stock.

Should a product become unavailable after an order is placed, the customer will receive email notification from SPO FID BACK. In such cases, the product order is cancelled and reimbursement of fees charged for unavailable products shall be applied within 30 days of notification. The remainder of the order shall remain firm and definite. Total or partial cancellation by SPO FID BACK of a customer order shall in no way open any right to any type of compensation relative to non-availability of products.

 

Article 4 - Presentation of products

4.1 Description

Products for sale are described and presented with as much detail as possible. One or more images and a detailed description of the product's main characteristics are available prior to purchase.

However, minor discrepancies between a product and its image may exist, depending on the resolution and definition of an image and the quality of the screen used by the customer. Product descriptions and images are provided on the website for information purposes only and are in no way binding.

4.2  Prices

Prices provided next to each product for sale are expressed in Euros(€) and include VAT. They do not however include any handling, shipping or delivery fees applicable to the order. For details on such fees, see article 7 « Deliveries ».

Applicable VAT rates are those applied in France on the date SPO FID BACK validates the order. If limits established by French law are exceeded, rates applied in the country of delivery shall be applied instead.

Applicable prices are those provided on the website and confirmed to the customer upon validation of the order. All shipping and handling fees are provided to the customer in the recap of the order, prior to final order validation and include all applicable VAT. All such shipping fees are billed on top of the price of products and shall remain at the customer's expense.

SPO FID BACK may change shipping fees or prices at any time, but commits to applying all rates, fees or prices indicated on the website at the time of validation of the order by the customer.  

In the event of obsolete or clearly erroneous prices, SPO FID BACK reserves the right to refuse or cancel orders placed for a product listed at an incorrect price, regardless of the nature of such errors (technical, typing, IT…). In such cases, customers will be notified as soon as possible and will have the option of placing another order with the corrected prices, should they wish to do so. 

4.3  Discounts and promotions

All discounts and promotions offered on the website shall only apply within the specific period allocated and detailed in the offer and within available stock. Promotions and discounts can in no way be linked to nor provide any type of reimbursement or payment to customers.

Discounts and promotions are reserved for concerned clients. No transfers of any kind to third parties are permitted.

The amount of a promotion or rate of a discount shall be deducted from the price on the order including VAT. This shall not apply to any handling or shipping fees applicable to orders, which shall remain at the customer's charge.

Unless indicated otherwise, special offers, promotions and discounts cannot be cumulated.   

 

Article 5 - Orders

To place an order on the website, customers must follow the following procedures:

5.1  Registration

For all initial orders, customers must fill in a form providing all necessary information for ordering. This shall namely include the customer's email and shipping address. Customers may then choose the shipping options of their preference.

Customers may then choose and purchase products by clicking on each product, which are then automatically added to the customer's basket.

When shopping or preparing an order, customers can access current purchases by clicking on "my basket" at any time.

Customers can then either continue shopping or go to check out to proceed to payment and validate the order.

If a customer is already registered with the website, he or she will only need to log in using his or her email and password. The shipping address pre-registered in a previous order will need to be validated again and the customer will then be able to proceed with shopping as indicated above.

Once the order is complete, a purchase order will appear including the nature, quantity and price of all selected products as well as the chosen means of payment, customer contact information and shipping address for the order.

After checking that all information is correct for the order, and prior to payment, the customer will be required to confirm having read and agreed to the terms of use. Customers may save or print these terms of use for their records.

5.2  Validating an order

 

  • Order validation by the customer:

After checking that all the information in the order is correct, and once all required fields are complete, the customer must click on "validate" to confirm final validation for the order and proceed to payment, as detailed in article 6.

  • Order validation by SPO FID BACK:

After receiving the order validation from the customer, SPO FID BACK shall confirm reception and validate the order by sending an email to the customer detailing the order, the nature, prices and quantity of purchases chosen by the customer (in addition to VAT and shipping fees), chosen method of payment, customer contact information and shipping address for the order.

This email acknowledgment of receipt confirms the vendor's acceptance of the terms of use for the customer's order.

 

Article 6 - Payment

6.1 Payment methods

Customers may pay online for their order using a credit or debit card (Carte Bleue, Visa, Mastercard, American Express) by providing the card number and expiry date as well as the card security code (last three digits at the back of the card) or by PAYPAL.

The customer's bank account shall be charged upon final validation of the order.

Customers declare and guarantee the vendor to having all necessary authorizations to use such a method of payment. Should authorization for a card payment be refused by a bank or in the event of any non-payment of due amounts by the customer, the vendor reserves the right to suspend or cancel any processing of related orders. SPO FID BACK also reserves the right to refuse any further orders to a customer with a history of late payments or absence of payment, whether partial or total on past orders.

6.2  Security

 

As a licensed credit institution within the European Union, PayPal protects banking information through crypting and secure operations and servers. Banking information is never sent or communicated to the payment recipient.

Once a customer has confirmed and validated an order, payment history can be accessed in "My account" or "My purchases" or "History".

 

The vendor encourages customers to verify payment statements on the website and if an error is spotted, to immediately challenge any transactions with erroneous amounts or contact the customer service department as indicated in article 1 of the present terms of use.

 

SPO FID BACK has taken all the necessary measures and gone to great lengths of precaution to provide a safe website. Nevertheless, SPO FID BACK can in no way be held responsible for any damage or inconvenience, direct or indirect, resulting or linked to using the internet. Customers are kindly reminded that they remain responsible for verifying the security of any given page used for payment (secure pages include a lock logo + url beginning with "https"). Customers are also reminded that minors or third parties should never be given payment methods. Customers should also never give out pin numbers, codes or passwords to anyone, neither by telephone or email, and that when using the internet, up to date anti-virus protection is highly advisable.

In order to prevent credit card fraud and identity theft, SPO FID BACK reserves the right to ask customers to provide a copy of valid ID and/or proof of address. In such cases, orders shall be placed on standby and labelled as "validation in process" or "standby" until the vendor has received all requested documents. In order to ensure rapid handling of orders, customers commit to providing any requested documents to the vendor within 10 business days of the request. In the event that any requested documents are not be provided, SPO FID BACK reserves the right to cancel any related orders without this opening any rights whatsoever to any type of compensation to the customer.

Should credit card fraud occur on the website, customers are encouraged to immediately contact the vendor as indicated in article 1 of the present terms of use. This shall in no way open any rights or compensation for damages or otherwise to the customer, nor any type of reimbursement by the vendor. To that end, customers will need to contact their bank directly.

 

6.3  Reserve of property

The vendor reserves the right to ownership of products until reception of full payment for orders.  

6.4  Electronic signature 

Providing a card number online and validating an order shall be tantamount for proof of customer's agreement, in compliance with dispositions of French act of march 13th 2000:

-        Enforceability of due amounts relative to the order

-        Signature and express agreement to all operations

 

6.5  Proof and electronic archiving

Both parties agree that all electronic data exchanged constitute admissible, valid and opposable evidence with the same evidential force as a signed contract.

 

Article 7 - Shipping

7.1 Shipping costs, areas and times  

In all areas listed in article 3 of the present terms of use, products are dispatched with delivery receipts to the shipping address provided by the customer in the order.

For information, the following delivery times (in business days) generally apply to the following locations and shipping options:

FranceArea OM1Area OM2BelgiumGermanyUK
D+3 D+7 D+7 D+5 D+5 D+5
Area OM1: Guadeloupe (St Bartholomew and St Martin included), Martinique, Meeting, Guyana, and Mayotte St Pierre and Miquelon.
Area OM2: New Caledonia and Dependencies, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Lands.

7.2  Order status and tracking

 

Customers receive email notification and a tracking number when their order is dispatched. This allows customers to follow the order and delivery status.

 

7.3  Transfer of risk

Risk of loss or damage of an order is transferred to the customer from the moment the order is delivered.

However, in the event of returns or exchanges, according to the conditions detailed in article 9, and in the event of delivery mistakes (7.4), products will be travelling under customer liability until effective reception at the above detailed return address of the vendor. 

7.4  Mistakes in shipping or delivery

Any errors in shipping must be declared by the customer on the same day or at the latest the first business day following delivery.

Errors or mistakes in delivery or shipping include non-conform products relative to indications in the order form (reference number error, size error, colour errors...)

All shipping or delivery claims filed later than the deadline stipulated in the first paragraph of the present article shall be rejected.

Claims must be sent to the customer service department to the address indicated in article 1 of the present terms of use.

Any claims that are not filed in strict compliance with the above stated rules and procedures and within the designated deadline shall not be taken into account and will release the vendor from any related liability.

Upon receiving a claim, the vendor will provide the customer with an exchange number. Products can only be exchanged after an exchange number is created and provided to the customer.

In the case of delivery errors, all products needing to be exchanged must be returned to the vendor in their original condition and in perfect condition for resale (unworn, unwashed).

In such cases, all return fees will remain at the vendor's cost but under customer liability. Therefore, SPO FID BACK highly recommends that customers use registered delivery services with proof of receipt to allow proper tracking of return packages.

Any new shipping and handling fees related to replacement products in such cases shall remain at the vendor's cost.

In the event that the delivery error were to alter the price paid by the customer in the initial order for which there has been a claim, the vendor shall apply any and all necessary corrections including as applicable, either customer reimbursement or additional charges depending on the nature of the delivery error and its consequences.

 

Article 8 - Legal and contractual warranty

8.1 Right of withdrawal

According to French consumption law, customers have 14 business days starting from the date of delivery of purchased products to enforce their right of withdrawal without any requirement to provide any type of justification nor any obligation to pay any penalty fees. Details on this right of withdrawal are provided in paragraph "returns, exchanges and reimbursements" above. Only return fees shall remain at the customer's charge.

Only products returned in their original packaging and in perfect condition for resale shall be accepted. Therefore, any products returned in damaged packaging or that have been used, washed or worn shall be refused.

After verification that products have been properly returned according the procedures and conditions indicated in article 9, the customer shall be reimbursed the full amount paid for such products on the bank account used for payment, as soon as possible and within 30 days of the date of withdrawal enforcement.  Reimbursement of products shall include the price of products for which the customer is enforcing his or her right of withdrawal as well as the pro rata cost of shipping relative to the value of the products for which the customer is enforcing his or her right of withdrawal.

8.2  Applicable legal and commercial warranty

Legal warrantee:

Products are guaranteed conform and against any hidden defects, which allows customers to return any defective products or products that do not comply with the order.

« Article L211-4 of French consumption law:

The vendor is responsible for delivering a product in conformity with the contract and is liable for any defective products.

The vendor shall also be liable for any lack of conformity or defects resulting from packaging, assembly or installation instructions under his responsibility as stipulated in the contract or that has been assembled under his responsibility. »

« Article L211-5 of French consumption law:

To comply with the contract, the product must:

1° Be appropriate for the use normally expected for such an article and, if necessary 

- Match the description given by the vendor and possess the qualities that have been presented to the customer in samples or models;

- have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or any representatives, namely in advertising materials or labels;

2° Or have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller, and which the latter agreed to. »

« Article L211-12 of French consumption law:

Any legal action prompted by lack of conformity is governed by a term of prescription of two years as of delivery of the goods »

« Article 1641 of French Civil Code:

A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them »

« Article 1648 of French Civil Code:

The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect.

In cases referred in article 1642-1, any action shall be instituted by any party concerned, under penalty of preclusion, within one year following the date that the vendor may be discharged of any apparent or latent defects or non-conformity of products. »

Customers are expressly informed that the vendor does not produce all products presented for sale on the website as defined in French law N°98-289 of May 19th, 1998 relative to the liability linked to defective products.

Contractual warranty

For any products covered by a specific warranty, the deadline and terms of the warranty are set out in the description of the products involved.

 

Article 9 - Returns and exchanges

9.1 Returns

In application of the customer's right to withdrawal as detailed in article 8.1 above, and provided all required deadlines are respected, namely within 14 days from delivery of the product(s), customers may return product(s) to the vendor according to the following procedure:

a)    Return number: customers must contact the SPO FID BACK customer service department at the number detailed in article 3 of the present terms of use to receive a return number.

b)    Return form: customers must provide all required information on the Return form provided in the shipment and include the return number provided by the customer service department.

c)    State of returned product(s): customers returning products must ensure that all products are properly and carefully packaged and that returned products are in their original condition and complete and in perfect condition for resale (unworn, unwashed).

d)    Address for returns: all returned products must be sent to:

FMS - Facylities Multi Services

478 rue du Pays de Gosse,

ZAE ATLANTISUD

40230 ST Geours de Maremne

 

e)    Return fees: all return fees remain at the customer's cost, with the exception of countries in which applicable legal dispositions are more favourable to customers.

f)      Return liability: all returns remain under the customer's liability. Therefore, SPO FID BACK high recommends that customers use registered delivery services with proof of receipt to allow proper tracking of return packages.

g)    Validation of returns: upon receiving returns, the vendor shall inspect all returned products. If the return is validated, the vendor shall proceed with reimbursing the customer on the card or account used for payment in the applicable order. A follow up email shall be sent to the customer to inform him/her of the status of the return.

If any part of the above detailed procedures are not followed or the deadline not respected, in compliance with all applicable legal dispositions, customers will not be entitled to any complaint of defect, the products delivered by the vendor having been automatically deemed sound.

9.2  Exchanges:

Exchanges can only be applied to the same product of a different size or colour.

Requests for exchanges must be submitted by the customer before the expiry date of 14 days from the product delivery date.

Requests for exchanges must follow the same procedure as for returns (namely relative to receiving an exchange reference number from the customer service department) as detailed in article 9 above.

SPO FID BACK shall not accept any requests for exchanges that do not follow exchange procedures or that are not submitted within the allocated afore mentioned deadline.

Once products are returned by the customer according to procedure and after SPO FID BACK has validated the return, customers will receive a coupon of the amount equal to the returned products and validated in order for the customer to place a new order on the website. Any new expedition or handling fees of exchanges remain at the vendor's expense.

 

Article 10 - Intellectual property

All elements on the vendor's website, whether audio or visual (texts, images, illustrations, social denominations, distinctive signs, brands, but not limited to these elements) are protected by copyright, patent and trademark laws and are the sole property of SPO FID BACK. As such, and according to Intellectual Property law, only uses for strictly personal reasons are permitted on the condition that elements from the website are not altered. All partial or total reproduction or transmission of elements of the www.yogasearcher.com website are forbidden unless express written prior authorization from the vendor is provided.

 

Article 11 - Protection of personal data - (Data protection act)

SPO FID BACK collects a certain amount of personal data from its customers, which is necessary for processing orders. This information shall remain strictly confidential and destined exclusively to the vendor and/or to various suppliers or subcontractors who may participate in the processing or handling of customer orders.

SPO FID BACK may however share or disclose this data with authorities or legally authorized institutions if legally required to do so by law, or if SPO FID BACK determines in its sole discretion, that disclosing such data is necessary to protect SPO FID BACK rights, or those of its employees, clients or any other third party.

Subject to elements outside reasonable control (force majeure), as defined by law and French courts, SPO FID BACK commits to taking all necessary precautions to ensure secure use and safety of its archives and files as well as protecting its computer systems in order to prevent any breaches and any alteration, damage or third party access to personal customer data. For more information, customers are invited to read the "legal terms and confidentiality" page to find out more about how we collect and protect personal data.

The website is registered with the CNIL, French National Committee of IT and Freedom (Commission Nationale de l’Informatique et des Libertés), under number °1763697 v0, declared on May 5th, 2014.

According to the data protection act of January 6th, 1978 modified by act of august 6th, 2004, customers benefit from the right to access and require rectification, modification or deletion of the personal information that has been collected about them.  To enforce this right and obtain the information collected, please contact us at the following address providing your name, surname, email and mailing address: 9 Rue des Acacias – 40130 CAPBRETON or by email: info@yogasearcher.fr.

 Customers may also update their personal information through their personal account by logging into the website with an email address and password.

 

 

 Article 12 - Liability and "force majeure"

 

SPO FID BACK can only be held responsible for damages caused by violating the present terms of use and any legal obligation.

SPO FID BACK cannot be held liable for any damage or inconvenience, direct or indirect, linked to using the internet (including but not limited to, service interruption, outside intrusion, computer viruses) that are outside the safeguards and precautions taken by the vendor to this effect.

The vendor shall not be held responsible for any total or partial non-execution of its obligations relative to a customer order, resulting from events outside their control or considered "force majeure" as defined in French law.

In such cases, the vendor shall notify the customer by email of such events within 3 (three) business days following the event. After a period of 1 (one) month and in the event that the "force majeure" event were to persist, the customer order shall be cancelled and if applicable, customers shall be reimbursed by the vendor with 30 (thirty) days at the latest.

 

Article 13 - Safeguard clause

If any provision in these terms of use are or become invalid in compliance with a law or following court decisions, this shall not prejudice the applicability of all the other provisions of these Conditions.

 

Article 14 - Non- waiver provision

The fact that one of the parties does not call on a failure by the other party in complying with any of the obligations mentioned in the terms of use may not be construed as a waiver of the obligation in question.

 

Article 15 - Applicable law and jurisdiction

The present terms of use and any question relative to their interpretation or enforcement are subject to French law. In the event of a dispute or claim, customers should first and foremost contact the vendor directly using the contact information provided in article 1 or through the contact form provided on the website in order to reach an amicable solution. Failing this, customers may choose to initiate legal action before appropriate jurisdiction.