Article 1 - GENERAL

 

The following articles define the general conditions of sale and service of TEK8ACTITUD SL as part of its website www.tk8.fr

TEK8ACTITUD SL is a company incorporated under the Andorran law with its registered office at Carrer Creu Grossa Nº 3 AD 500 Andorra la Vella Andorra and registered with the Trade and Companies Register in Andorra under the number:

Intracommunity number: FR 13 750 382 947

SIRET: 750 382 947 000 18

 

• Article 2 - TERMINOLOGY

 

The services offered by TEK8ACTITUD SL on its website, namely the sale of jumping stick products and accessories, each person wishing to benefit from the services of TEK8ACTITUD SL and having fulfilled the general conditions provided for in Article 4 will hereinafter be referred to as a " customer ", each company having mandated TEK8ACTITUD SL to sell a product belonging to it on its website will be called a" supplier ", each order made by a customer under the conditions provided hereinafter will be called" the order ".

 

• Article 3 - DESCRIPTION OF THE PRODUCTS

 

The descriptions of the products offered by TEK8ACTITUD SL on its website are, within the limits of the information provided by the suppliers of jumping sticks and accessories, exact. However, the information mentioned on each product sheet, as well as their photo, is given only as an indication, if errors are introduced, the responsibility of TEK8ACTITUD SL can not be engaged. The latter undertakes to make its best efforts to correct errors or omissions as soon as possible after being informed. Any customer has a right of return of 7 days, as defined in article 9 of the present general conditions of sale, in case of non-conformity of the sold products to their fact sheet or because of the erroneous nature of the information contained in this one.

All the visuals on the website of TEK8ACTITUD SL have no contractual value.

 

• Article 4 - ORDER AND PRICE

 

Customers can order in two ways:

- On the Internet: www.tk8.fr

- By telephone, from Monday to Friday, from 10 am to 1 pm and from 3 pm to 7 pm, at 00 376 344 960 Customers guarantee that they are fully authorized to use the credit card and that this credit card gives access to sufficient funds to cover all costs resulting from the use of the Services of TEK8ACTITUD SL Only the persons legally able to subscribe for the goods and services offered on the website can order on the site www.tk8.fr

By clicking on "Finish my order" button during the ordering process, the customer declares to accept fully and without reserve the entirety of these General Conditions of Sale.

The data recorded by TEK8ACTITUD SL is proof of all transactions between TEK8ACTITUD SL and its customers.

The contractual information will be the subject of a confirmation containing this contractual information at the latest at the time of delivery. The prices of our products are indicated all taxes included and except participation in the costs of processing and shipping.

TEK8ACTITUD SL reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in effect at the time of the registration of the orders (subject to availability).

TEK8ACTITUD SL reserves the right to refuse any order from a customer with whom there is a dispute.

 

The products sold and shipped by TEK8ACTITUD SL remain the full property of our company until payment of the invoice.

 

 

• Article 5 - AVAILABILITY

 

TEK8ACTITUD SL will do its utmost to process all orders, within the limit of available stocks.

In case of unavailability of product after placing the order, the customer will be informed by email or telephone of the delivery of a partial order or the cancellation of his order. A product substitution may be proposed to the customer, often by telephone; in case of absence, an email will be sent. It will then have 48 working hours (excluding weekends and public holidays) to request the cancellation or dispatch on special terms (partial delivery or with a substitute product) of its order by contacting our Sales Department at next [email protected] After 48 working hours and if no demand was found on the part of the customer, the partial order will leave our warehouses.

If the debit has already occurred at the time of the information given on the unavailability of the product, a request for reimbursement of the sums committed is made: an email is then sent to the customer on this subject. Following this request, the period for which the bank account is credited is 30 days.

The displayed time for items to be replenished is an average lead time announced by the manufacturer and may be subject to change without notice by the manufacturer. In this case, you will be notified by e-mail or by telephone of the modification of the deadline

 

• Article 6 - PAYMENT

 

Payment of the purchases is made by credit card. Credit cards accepted are: Blue card, Visa, Eurocard and Master Card. The bank account of the customer will be debited and considered effective after confirmation of their agreement of the centers of bank payment. If the bank is refused, the order will be automatically canceled.

 

• Article 7 - SECURITY

 

The tk8.fr website is the object of one of the most efficient security systems at the moment. Thus only the bank has confidential information (card number, validity date) that are inaccessible by a third party.

 

• Article 8 - DELIVERY

 

The products will be sent to the delivery address that the buyer has indicated during the ordering process. The participation in the processing and shipping costs included taxes.

When shipping a complete order, TEK8ACTITUD SL provides an original invoice including delivery charges and VAT.

 

 

The company TEK8ACTITUD SL reserves the right to modify at any time and without notice the choice of the mode of transport and the carrier according to the quantity of articles ordered.

In case of difficulty encountered during delivery, the customer must inform the company TEK8ACTITUD SL by e-mail at the address [email protected]

DELIVERY

 

In case of absence at the time of delivery, at the address indicated by the customer, a notice of transit is normally deposited in the mailbox: it is then possible to withdraw the parcel within 15 days following the filing of this notice . In order to optimize the delivery, we thank the customer for mentioning an address to which the order can be delivered during working hours.

 

The shipping time is indicated on the website for each product. It corresponds to the period before shipment of the order and is expressed in working days.

Unless otherwise stipulated, the products are shipped within the above-mentioned deadlines, when the order is placed.

The delivery times correspond to the processing and delivery times, which are themselves calculated according to the date of receipt of the goods, date communicated by the supplier. These times also vary by destination and do not include holidays and weekends.

However, in the event of exceedance exceeding 15 days, the customer will have 60 days from the date indicated for delivery to exercise his right of denunciation in accordance with the law of 18 January 1992.

As from the exercise of the right of denunciation, TEK8ACTITUD SL makes a refund within 30 working days.

In the case of a partial delivery, this right will concern only the undelivered balance of the order. Each delivery is deemed to have been made as soon as the product has been made available to the customer by the carrier, materialized by the control system used by the carrier. It is the responsibility of the consignee to verify shipments on arrival and to make any reservations and claims which appear justified, or even to refuse the parcel, if it is likely to have been opened or if it bears obvious traces of deterioration. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgment of receipt within three working days following the delivery of the products, a copy must be addressed to TEK8ACTITUD SL. If the products delivered are not in conformity in kind or in quality with the specifications indicated in the delivery note, the customer must, within 8 days after delivery, file his complaints under penalty of forfeiture.

In case of delay, breakage or missing, the customer can contact our Customer Service by : [email protected]

 

Lost Package: When a parcel leaves the warehouses of TEK8ACTITUD SL, it can be transported by:

• La Poste DPD  (In Colissimo Followed by signature)

• Another carrier (GLS or other)

In the case of a Colissimo Suivi shipment, it takes 2 to 5 working days to be delivered or to receive a notice of passage in the mailbox.

From the time of the filing of the notice of passage in the customer's mailbox, the client has 15 days to withdraw it. If this period is exceeded, the package will be returned to TEK8ACTITUD SL. It will be up to the customer to contact TEK8ACTITUD SL for a possible redirection or a refund of the order (excluding postage).

However, if 5 working days after the parcel is dispatched, the customer has no news of his order, he must approach the Post office closest to the place of delivery indicated on the parcel.

If neither the Post Office nor the tracking of packages indicate that they have a trace of this package, the customer must then contact TK8ACTITUD SL via [email protected]

 

The Customer Service department of TEK8ACTITUD SL will then initiate a survey with the postal services. The customer will then receive an email stating that an investigation is open. Swiss Post's definitive response time varies from one to three weeks, from sending the email to the customer.

• If the parcel is found, it is then sent to the customer: the reception procedure then follows its normal course (deposit of the parcel or notice of transit, etc.)

• If the package is declared lost (the final reply is often made within the maximum deadline of three weeks), TEK8ACTITUD SL then informs the customer and immediately commits the reimbursement of the Package

 

DELIVERY BY CARRIER

TEK8ACTITUD SL delivers parcels throughout France, as well as to certain countries of the European Union (please consult us for the list of countries served).

DELIVERIES ARE ON THE WORKING DAYS FROM MONDAY TO FRIDAY.

In the same way as La Poste, the carrier files a notice of passage in the mailbox in case of absence, you will have to contact TEK8ACTITUD SL using [email protected] for a new delivery.

We ask you to fill in your details correctly and completely so that it can contact you easily, the mobile number in one of the main reasons.

 

CAUTION VERY IMPORTANT

Please check that the number of packages on the receipt is equal to the number of packages you receive. If you receive a pallet, the receipt must indicate the number of parcels making up the pallet. If your package or pallet is damaged, please check or refuse them. They have been prepared with care and must not have any opening, tearing or traces of shocks. If this is the case, please open them in the presence of the driver and check their contents. Then write your specific reservations on the transport bill presented to you by the driver.

It is important to also check the contents of the cartons and therefore to open the goods in front of the delivery person.

The verification of the condition of your product is deemed to have taken place upon acceptance of the package.

 

For example :

Parcel damaged, received xx / xx / xxxx, notification of damage.

Please confirm these reservations by registered post, within 3 days at the latest, to the carrier whose address appears on the receipt and send us a copy by fax to the following number: 00 376 344 960 or [email protected]

 

Warning: the words "subject to unpacking or checking" are not recognized as precise reservations. No dispute will be taken into account in the light of reservations formulated in this way.

We inform you that if this procedure is not followed to the letter, we will NOT take your complaint into consideration.

 

• Article 9 - RETRACTATION

 

In order to facilitate the processing of the refund, any return must be authorized in advance by TEK8ACTITUD SL You must therefore inform TK8ACTITUD SL at mail address: [email protected]

The return will be made to the following address, unless otherwise specified:

 

 

The customer exercises his right of withdrawal in accordance with the article L 121-20 of the Code of the Consumption within the period of 14 days that starts from the reception of the goods. This right is exercised by returning the product to TEK8ACTITUD SL only the shipping costs remaining the responsibility of the customer. The refund to the customer will be made by check, or transfer within 30 days from receipt of the goods by TEK8ACTITUD SL, following the exercise of the right of withdrawal.

The right of withdrawal is also exercised at the time of the order and before the logistical treatment of the package. In this case, the order is simply canceled and we inform our bank.

No refunds will be accepted for any reason.

This right of withdrawal can never be used if the delivered products have clearly been used for a long time (beyond a few minutes). The products must imperatively be returned properly protected, in their original packaging, in a perfect state of resale (not damaged, damaged or soiled by the customer) accompanied by any accessories, operating instructions and documentation at the address above accompanied by the original sales invoice, of which the customer shall retain a copy. Parcels for which there is no attachment identifying the sender (order number, mail, name, surname, address) may not be taken back.

The costs and risks associated with the return of the product are borne by the sender. The return of the products will give rise to a refund equal to the purchase price of the product (s) purchased. The refund therefore does not include any delivery charges.

 

Article 10 - GUARANTEE

 

In case of products that do not comply with the information given during the presentation of the products on the site or with latent defects, they will be replaced or refunded according to the availability of similar products and the wishes of the customer.

TEK8ACTITUD SL must be informed by email or telephone within 48 hours. The return of the products must be made within 7 days, the date indicated on the delivery note of the date of delivery.

All warranties are excluded in the event of defects and damage arising from external events, accidents, including electrical accidents, wear and tear, installation and use not in accordance with the Supplier's instructions.

Also excluded from the warranty are products modified, repaired, integrated or added by the customer or any other person not authorized by the Supplier. The warranty shall not apply to the apparent defects and defects of conformity of the product for which any complaint must be made by the customer within 7 days of delivery of the products under penalty of forfeiture. The warranty will not cover products damaged during transport or misuse.

The provisions of this Article shall not preclude the legal guarantee for hidden defects, as defined in articles 1641 et seq. Of the Civil Code, where the product is sold to a consumer or a non-professional.

Any return must be authorized in advance by TEK8ACTITUD SL with the assignment of a return number. The customer must therefore make the request to [email protected] After written acceptance of TEK8ACTITUD SL

The product must be returned in its original packaging and in perfect condition for reconditioning. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In particular, a product whose packaging has been deteriorated during the return can not be accepted. The refund will be made by bank transfer within 30 days.

 

The transport costs incurred by the return may be covered by TEK8ACTITUD SL under certain conditions.

For any inquiry or question, the customer can contact TEK8ACTITUD SL Customer Service by means of a contact mail, [email protected]

 

• Article 11 - INTELLECTUAL PROPERTY

 

All texts, comments, books, illustrations and images reproduced on the TK8.fr site are reserved under copyright and intellectual property rights and for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the intellectual property code. Any other use constitutes infringement and sanctioned under the Intellectual Property without prior authorization of TEK8ACTITUD SL

Any total or partial reproduction of the catalog of TEK8ACTITUD SL is strictly forbidden.

• Article 12 - TECHNICAL CHARACTERISTICS AND SAFETY

 

Our products are designed exclusively for private and family use. Articles intended for use by children are the responsibility of the parents. These products are intended for private use and can under no circumstances be used by communities or spaces open to the public. For products for professional and collective use, please consult us at [email protected]

 

• Article 13 - LIABILITY - DISPUTES - APPLICABLE LAW

 

The photographs and the texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of TEK8ACTITUD SL can not be committed in case of error in one of these photographs or one of these texts.

TEK8ACTITUD SL can not be held liable for damages of any kind, whether material or immaterial or corporeal, which could result from a malfunction or misuse of the products marketed. The same applies to any changes in products resulting from suppliers.

The responsibility of TEK8ACTITUD SL will in any event be limited to the amount of the order and can not be called into question for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the products.

TEK8ACTITUD SL can not be held liable to any customer or third party for any indirect damage, loss of use, profit or turnover in any way whatsoever, even if such damage or loss or prejudice was foreseeable by TEK8ACTITUD SL, or if its eventuality had been brought to its attention.

Without limiting the foregoing, the liability of TEK8ACTITUD SL under these terms and conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to said liability, regardless of the cause or form of the action concerned.

TEK8ACTITUD SL can not be held responsible for the non-performance of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disturbance or strike total or partial especially postal services and means of transport and / or communications, flood, fire.

In the event of a dispute, the customer will first contact TEK8ACTITUD SL to obtain an amicable solution. Otherwise, the Courts of Andorra shall have exclusive jurisdiction, regardless of the place of delivery and the methods of payment accepted.

These general terms and conditions of sale in French will be executed and interpreted in accordance with Andorran law. Any dispute which may arise in connection with its validity, interpretation or execution shall be submitted to the Courts of Andorra, to which it is expressly conferred exclusive jurisdiction

 

• Article 14 - LIABILITY - DISPUTES - APPLICABLE LAW

 

TEK8ACTITUD SL undertakes not to disclose to third parties the information communicated by the customers on the site. These are confidential. They will be used by its internal services only for the processing of your order and to reinforce and personalize the communication in particular by the letters / emails of information as well as in the framework of the personalization of the site according to the preferences found of the users.

TEK8ACTITUD SL does not sell, sell or rent to third parties information about its customers. We may decide to do so in the future with suppliers and service providers of TEK8ACTITUD SL for the direct and related requirements of the execution of the sales contracts that we conclude with our customers. They are allowed to oppose it by sending us an email to [email protected] (if customers use different email addresses to place their orders, they are asked to send us a message to from each of the email addresses they provided).

In the event of the transfer or use by third parties of personal data, TEK8ACTITUD SL undertakes in advance to inform the user in order to enable him to exercise his right to object.

TEK8ACTITUD SL may also provide consolidated statistics relating to its customers, sales, trade patterns and information about the site to trusted third parties, but these statistics will not contain any personal data.

This Article shall not prevent the transfer or transfer of activities to a third party. Consequently, in accordance with the Data Protection Act of 6 January 1978, the customer can exercise his right of access to the file and his right to rectify or delete information concerning him by sending his request (including email address, name , first name, postal address), by visiting tk8.fr, on [email protected] or by mail at the following address:

TEK8ACTITUD SL

Edifici Vilar

C/Creu Grossa Nº 3

AD 500 Andorra la Vella

ANDORRA

 

• Article 15 - LIABILITY - DISPUTES - APPLICABLE LAW

 

TEK8ACTITUD SL reserves the right to modify the general conditions of sale. Customers who do not wish contractual relations to be governed by the new version of the general conditions of sale must notify it and, from the date on which the new version takes effect, they shall cease to use the services from TEK8ACTITUD SL

Should any of the terms of the general conditions of sale be deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.

APPLICATION OF WARRANTY CONDITIONS - TK8

1 – TRANSPORTATION

The equipment, whatever the method of invoicing, travels at the risks and perils of the recipient. It is the responsibility of the final customer to check it on arrival, to make within 48 hours all the necessary reserves, written and dated with the carrier and, if necessary, to exercise any recourse against it.

Our company cannot take into account any objections or reservations relating to quantity, quality or characteristics that have not been formulated in writing at the reception.

2 – WARRANTY

The starting point of this guarantee is the day of our invoice, and its duration is 1 year.

The guarantee cannot be used if the appliances have been used abnormally and have been used under conditions of use other than those for which they were built.

For example, if users have a weight higher than recommended. It will not apply in case of deterioration or accident caused by negligence, lack of maintenance, failure to observe instructions for use, or due to a transformation of the equipment, alteration of the product carried out by a third party, dilapidation, significant deformation of the tube due to impact or normal wear and tear. It does not apply to the shoe, grips, painting or stickers.

In order to benefit from the guarantee against hidden defects, the following conditions must be met: - the defect or defect affecting the property must be serious; it must prevent normal use of the product or diminish its properties to such an extent that the buyer would not have bought it or offered a lower price if it had known it; - the defect or defect affecting the property must be hidden; it must not be detectable at the time of sale despite the usual verifications. Conversely, the seller is not liable for apparent defects, that is to say those which a person of average diligence would have discovered by carrying out elementary verifications; - the defect or defect affecting the property must be prior to the sale even if it has subsequently manifested itself, it must not be the consequence of a misuse of the product by the buyer.

Any dispute regarding the conformity of the products must be notified in writing to the Company. We will have the possibility to check the products on the spot or to request their return, which cannot be decided unilaterally by the buyer.

After agreeing on the actual defects, it will be agreed: a) either to replace defective products or parts free of charge, b) to provide free of charge similar products, c) to repair or product.

In case of return of the product, the cost of transport from the buyer's home, up to TK8 (TK8 / Dimotrans, 15 avenue Saint Guillan, 31620 Castelnau d'Estrefonds, France) wil be at the charge of the Buyer. This replacement cannot extend the original warranty date.

3 - LIMITATION OF LIABILITY

Our company cannot be held responsible for the direct or indirect consequences of the defect on both the persons and the property.

4 - CONFIDENTIALITY

Our Company will make every effort to maintain the confidentiality of the information provided to us by our client.

5 - FORCE MAJEURE

Our Company cannot be held responsible for the non-fulfillment of its obligations in case of force majeure.

6 - MISCELLANEOUS

6- 1 The nullity of any part of the provisions of these general conditions of sale shall not affect the validity of the other conditions.

6- 2 The non-application by our Company or by the customer of the rights specified in these general conditions of sale cannot constitute a renunciation of these rights.

7 - APPLICABLE LAW / COMPETENT TRIBUNALS

Any dispute relating to a sale will be submitted to the court of the registered office of our Company.