PREAMBLE

These General Terms and Conditions of Sale are entered into between:

On the one hand,

Compressport International SA, a company incorporated under Swiss law and specialising in the sale of sporting goods, whose registered office is located at chemin de Malombré 5, 1206 Geneva, Switzerland, registered with the Geneva Commercial Register under number 112.949.489.

Unique ReFashion identification number: FR484653_11RHQW

Unique CITEO identification number: FR484653_01CZRA

Hereinafter referred to as the “Seller”,

And, on the other hand,

A natural person acting for non-business purposes, aged at least 18, who has the legal capacity to enter into a contract personally or through a person holding parental authority, their guardian or curator, and who wishes to make a purchase through the website “http://www.compressport.com”.

Hereinafter referred to as the “Customer”.

The Seller and the Customer are hereinafter collectively referred to as the “Parties”.

Compressport International SA reserves the right to amend or adapt these General Terms and Conditions of Sale at any time and without prior notice, in particular to ensure compliance with applicable laws and regulations.

Customers are therefore invited to consult them regularly and before placing any Order. After checking the Order summary, the Customer must accept these General Terms and Conditions of Sale.

However, the terms and conditions applicable to each Order shall be those in force on the date the Customer finally confirms the Order.

ARTICLE 1: PURPOSE

These General Terms and Conditions of Sale comprehensively define all the rights and obligations between Compressport International SA and the Customer wishing to purchase goods offered for sale on the Compressport International SA website. All terms and conditions of the sale between Compressport International SA and the Customer shall be governed by these General Terms and Conditions. They apply to every stage of the sale, from placing the Order to the warranty for the Products ordered, including payment, delivery and the Customer’s right of withdrawal.

Before placing any Order, the Customer using http://www.compressport.com expressly acknowledges having read and accepted these General Terms and Conditions of Sale without reservation.

ARTICLE 2: ORDER

2.1 Languages

The languages available to Customers for placing orders on the Compressport International SA website are English, French, German, Italian and Spanish.

2.2 Identification

Customers may place an order on the Compressport International SA website only after clearly identifying themselves. To do so, the Customer must complete the form provided online on the website in accordance with the instructions given, entering the information required for identification, including their surname, first name, telephone number, email address, billing address and delivery address.

2.3 Steps for placing an order

Customers may place orders using the references of Product offers available on the Compressport International SA website.

Each Product available on the website is presented on a “Product” page accompanied by photographs and describing the main technical characteristics of the Products offered.

Any Order placed by the Customer constitutes unconditional acceptance of the prices and descriptions of the Products available for sale.

To complete and confirm the Order, the Customer must first check the Order summary, then read and accept these General Terms and Conditions of Sale, and enter the information required to make payment.

The Order shall be deemed final and binding on the Parties only once the Customer has paid the Order price.

Once the Customer has confirmed the Order, Compressport International SA records it and promptly sends a confirmation email to the address provided by the Customer. This confirmation email summarises all information relating to the Order, which forms the terms of the sales contract between the Parties. The email also states the address to which the Products ordered by the Customer will be delivered, together with the delivery costs.

Unless proven otherwise, the data recorded by Compressport International SA’s services shall constitute evidence of all elements relating to the Order, particularly its nature, contents, price and date.

To combat fraud, Compressport International SA reserves the right to ask the Customer for any document necessary to verify their identity, the authenticity of their payment method and/or their place of residence.

ARTICLE 3: PRODUCT AVAILABILITY

If a Product is wholly or partially unavailable, Compressport International SA shall inform the Customer as soon as possible by telephone or email.

If a Product becomes unavailable after the Order has been confirmed, the Customer may choose either to:
- receive a substitute Product of equivalent quality and price; or
- receive a refund of the price of the Product ordered, within a maximum of 14 days following the Order.

ARTICLE 4: PRICES

The prices displayed on the Compressport International SA website are in euros and include all taxes. They take into account any discounts granted by Compressport International SA and the value added tax (VAT) rate in force on the date the Customer confirms the Order.

The prices displayed on the website do not include Order delivery costs.

Compressport International SA reserves the right to change its prices at any time and without prior notice. Any new tax or levy introduced, or any change to an existing tax or levy, whether upward or downward, may also be reflected by Compressport International SA in the selling price of the Products.

Nevertheless, the price invoiced to and payable by the Customer shall be the price in force on the date the Order is finally confirmed. No change to the price payable may be made after the Customer has confirmed the Order.

ARTICLE 5: PAYMENT

5.1 Amount payable

The total amount payable by the Customer, including delivery costs, is stated when the Order is finally confirmed and in the summary email sent to the Customer.

5.2 Payment methods

Customers may pay for their Orders using the following methods:

By bank card:
Compressport International SA accepts only French CB and Visa bank cards and international Eurocard and Mastercard bank cards. Any other bank card will therefore be declined. The Customer must provide the card number, expiry date, cardholder’s name and the last three digits of the number printed on the back of the card next to the signature.

By PayPal account:
Customers are invited to consult the PayPal website for information about how this payment method works.

The payment process is protected by an encryption system.

In addition, Compressport International SA has adopted other scrambling and encryption systems to protect all sensitive payment-related data.

In accordance with the regulations in force, Compressport International SA does not retain the Customer’s banking details.

5.3 Disputes / Refusal of payment

If the Customer’s bank refuses payment, Compressport International SA reserves the right to suspend performance and delivery of the Order at any time. This suspension shall remain in place until the Customer has paid the full price.

Compressport International SA also reserves the right to refuse or cancel any Order placed by a Customer where there is a dispute relating to payment or the return of previous Orders.

5.4 Retention of title

Compressport International SA retains full ownership of the Products ordered until the Customer has paid the full price.

ARTICLE 6: DELIVERY

6.1 Delivery address

Compressport International SA delivers worldwide. The Products or services ordered shall be delivered to the address provided by the Customer when placing the Order and shown in the summary email sent by Compressport International SA.

6.2 Delivery arrangements and times

The maximum delivery time for Products ordered on the Compressport International SA website is 10 business days. This includes the time required to prepare the Order and the time required for dispatch and delivery by the carrier.

Deliveries are made to the Customer’s home or to the address specified by the Customer when placing the Order.

Delivery costs are payable by the Customer. They are stated in these General Terms and Conditions of Sale, when the Order is confirmed, and in the Order summary email.

Deliveries are handled by the following carriers: Colissimo, Chronopost, DPD or DHL, as well as their local partners.

If a parcel is returned because the Customer did not collect it from the selected delivery point, Compressport International SA shall cancel the Order and issue a refund within a maximum of 10 days after receiving the parcel.

6.3 Delivery delays

In the event of a delivery delay, Compressport International SA undertakes to notify the Customer as soon as possible by any means of communication and to provide an estimated duration of the delay.

The company disclaims all liability for delivery delays attributable to the carrier.

6.4 Lost parcels

If a parcel is lost, Compressport International SA may conduct an investigation with the carrier to locate it.

If the Order is found, it shall immediately be reshipped to the Customer at the sole expense of Compressport International SA.

If the Order cannot be found, Compressport International SA shall refund the Customer within 14 days of being informed that the parcel has been lost.

6.5 Incorrect or damaged Orders

Despite the care taken by Compressport International SA when preparing and dispatching parcels, some Orders may contain missing, damaged or non-conforming Products.

If the Customer considers the delivered Products to be faulty, defective or non-conforming, the Customer must refuse delivery or send Compressport International SA a reasoned notice describing the fault or non-conformity of the Order. The Customer has 10 clear days from delivery to submit a complaint to Compressport International SA.

Compressport International SA shall not issue a refund if the complaint is submitted after this period.

Complaints may be sent to Compressport International SA at contact@compressport.com.

After reviewing the complaint, Compressport International SA shall inform the Customer that the Product may be returned using the return label provided under My Account > Order History for customers in FRANCE, or using the returns platform for customers in Europe and the rest of the world.

The returned Product must be in new condition and complete, with its original packaging, all labels, accessories, documentation and instructions for use, together with the purchase invoice enabling Compressport International SA to identify the Customer.

Compressport International SA shall notify the Customer once the Product has been returned. The Customer shall receive a full refund of the price of the Product ordered within 14 days of the refund request.

The cost of returning a defective Product shall be borne by Compressport International SA.

No refund shall be issued if the defect is found to be attributable to the Customer, in particular where it results from use inconsistent with the Product’s normal purpose, a modification or adaptation made at the Customer’s initiative, or prolonged use by the Customer.

ARTICLE 7: RIGHT OF WITHDRAWAL / PRODUCT RETURNS

7.1 Products covered

The Customer has the right to withdraw from an Order placed on the Compressport International SA website within 14 clear calendar days from delivery of the Products.

If this period expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended until the next working day.

Compressport International SA extends this period to 30 clear days in order to offer its customers a “satisfaction, refund or exchange” service for 30 days.

7.2 Procedure

For any request to withdraw from a purchase or return a Product, customers in France must use the return label provided under My Account > Order History. Customers in Europe and the rest of the world must use the returns platform.

Compressport International SA will acknowledge receipt of the request by email.

The Customer has 14 days from notifying the decision to withdraw to return the Products to Compressport International SA.

The Customer shall be refunded using the payment method used for the Order on the Compressport International SA website. The refund shall be made within 14 days of receipt of the returned Products, provided that the Products have been returned to Compressport International SA.

No refund shall be made until the Products have been returned to Compressport International SA.

The refund shall cover only the VAT-inclusive purchase price of the Product, excluding return and delivery costs, which shall remain payable by the Customer.

Refund conditions

To receive a full refund, the Product must be returned in its original condition and without damage. Please ensure that it is properly and securely packaged for shipping. If we receive a damaged or incomplete Product, we may deduct an amount from the refund.

The returned Product must be complete and include its original packaging, all labels, accessories, documentation and instructions for use, as well as the purchase invoice enabling Compressport International SA to identify the Customer.

Compressport International SA will also refuse returns of Products where there is no information clearly identifying the Customer.

ARTICLE 8: STATUTORY WARRANTIES

The Customer may exercise the statutory warranties set out below by contacting COMPRESSPORT INTERNATIONAL SA Customer Service:

(a) via the Contact section of the website;

(b) by post at the following address: Compressport France, 12 quater faubourg des Balmettes, 74000 ANNECY, France;

(c) by email at contact@compressport.com.

Customer Service can be reached by telephone on 09.70.44.57.95 (standard-rate call). Customer Service is open Monday to Friday from 9 a.m. to 5 p.m.

Consumers have two years from delivery of the goods to invoke the statutory conformity guarantee if a lack of conformity becomes apparent. During this period, consumers need only establish that the lack of conformity exists, not the date on which it appeared.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory conformity guarantee applies to that digital content or digital service throughout the agreed supply period. During this period, consumers need only establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.

The statutory conformity guarantee requires the professional seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.

Under the statutory conformity guarantee, consumers are entitled to have the goods repaired or replaced within 30 days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the statutory conformity guarantee, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests repair of the goods but the seller imposes replacement, the statutory conformity guarantee is renewed for a period of two years from the date the goods are replaced.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full refund in exchange for returning the goods, if:

1. The professional seller refuses to repair or replace the goods;
2. The repair or replacement takes place after a period of 30 days;
3. The repair or replacement causes a major inconvenience to the consumer, particularly where the consumer ultimately bears the costs of taking back or removing the non-conforming goods, or bears the installation costs of the repaired or replacement goods;
4. The lack of conformity persists despite an unsuccessful attempt by the seller to bring the goods into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In that case, the consumer is not required to request repair or replacement beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for use for repair or replacement suspends the remaining warranty period, which resumes when the repaired goods are returned or the replacement goods are delivered.

The rights mentioned above arise from Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who acts in bad faith to obstruct the implementation of the statutory conformity guarantee may be subject to a civil fine of up to EUR 300,000, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect.

This warranty entitles the consumer to a price reduction if the goods are retained, or a full refund in exchange for returning the goods.

ARTICLE 9: LIABILITY

At every stage of the ordering process and for any operations carried out after the contract has been concluded, Compressport International SA is subject to an obligation to achieve the agreed result.

Compressport International SA is therefore fully liable to the Customer for the proper performance of the obligations arising from the contract concluded.

However, Compressport International SA shall not be liable where the failure or improper performance of an obligation is attributable to the Customer, to an unforeseeable and insurmountable act of a third party to the contract, or to a force majeure event as defined by French law and the case law of the French courts.

Furthermore, Compressport International SA shall not be held liable for damage of any kind, whether material or non-material, direct or indirect, resulting from improper use of a Product or from an adaptation or modification made solely at the Customer’s initiative.

ARTICLE 10: PERSONAL DATA

Compressport International SA undertakes to respect the privacy of people using its website and the confidentiality of the data and information communicated to it by the Customer.

The information collected by Compressport International SA is necessary for processing and tracking the Order, as well as for commercial and marketing follow-up of the Customer’s file.

Compressport International SA undertakes to use all means at its disposal to ensure the security and confidentiality of information and data transmitted by the Customer through its website.

In particular, Compressport International SA undertakes not to disclose confidential information that may be communicated to it by the Customer.

ARTICLE 11: COOKIES

The website uses cookies to improve browsing, measure audience traffic and personalise offers. Customers may configure their browser to refuse cookies; in that case, some website features may be limited.

ARTICLE 12: INTELLECTUAL PROPERTY

All elements of the Compressport International SA website, including logos, trademarks, names, images, comments and descriptions, are protected by trademark law, patent law, image rights and copyright.

All such elements are the property of Compressport International SA and/or its partners. They may not be copied, reproduced, distributed, transmitted or downloaded by any means or for any reason.

However, under the private-copying exception, the Customer may keep a copy of pages from the Compressport International SA website for strictly personal, non-commercial purposes, provided that no changes are made and all ownership and copyright notices appearing on the page are respected.

Anyone wishing to publish a hyperlink directing to the Compressport International SA website, particularly through framing or deep linking techniques, must first obtain express written authorisation. Otherwise, the link must be removed upon simple request from Compressport International SA.

Any other reproduction or representation, in whole or in part, that does not comply with the conditions set out above shall constitute infringement and may give rise to civil and criminal liability for the person responsible.

ARTICLE 13: ENTIRE AGREEMENT

If any provision of these General Terms and Conditions of Sale is declared illegal, unenforceable or void as a result of a change in legislation or a final court decision, such invalidity or unenforceability shall be limited strictly to that provision and shall not affect the validity of the remaining provisions.

Compressport International SA’s failure to enforce any provision of these General Terms and Conditions of Sale shall not constitute a waiver of its right to rely on that provision at any time and shall not affect the validity of all or part of these General Terms and Conditions of Sale.

ARTICLE 15: GOVERNING LAW

These General Terms and Conditions of Sale and all contractual relationships arising from them are governed by French law.

If a dispute arises between the Customer and Compressport International SA, the Parties undertake to seek an amicable solution that takes each Party’s interests into account before initiating legal proceedings.

ARTICLE 16: DISPUTES AND MEDIATION

For any complaint relating to an Order, the Customer may contact Compressport International SA Customer Service by email at contact@compressport.com or by telephone on +33 (0)9 70 44 57 95 (Monday to Friday, 9 a.m. to 5 p.m.).

If no amicable solution is reached despite contacting Customer Service as referred to in Article 8, the Customer may submit the complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum of one year from the initial complaint.

The mediator is Société de la Médiation Professionnelle (SMP). It may be contacted directly:

(a) online at www.mediateur-consommation-smp.fr;

(b) by post at: Société de la Médiation Professionnelle – Alteritae, 5 rue Salvaing, 12000 Rodez, France.

If no amicable settlement is reached, any dispute concerning the interpretation, formation, validity or performance of these General Terms and Conditions of Sale and the contracts concluded between the Seller and a consumer Customer shall be referred to the competent courts in accordance with the rules of private international law and the mandatory provisions applicable to consumer protection.