TERMS AND CONDITIONS OF PRESSURE (CGV)
§ 1 SCOPE AND DEFINITION
(1) These general terms and conditions of sale apply, in the version in force at the time of the order, to all business relations between us and the customer.
(2) The term “consumer” as used in these general terms and conditions of business refers to a natural person placing an order that is not part of his or her commercial or independent professional activity.
(3) An “entrepreneur” within the meaning of these general terms and conditions of business is a natural or legal person or partnerships with legal capacity who, when placing an order, is acting in the course of and on behalf of his commercial or independent professional activity. Insofar as an entrepreneur does not place an order in the context of his commercial or independent professional activity, he shall also benefit from consumer rights. He shall be deemed to be a consumer within the meaning of these general terms and conditions of business.
(4) The term “customer” within the meaning of these general terms and conditions may refer to both a consumer and a professional.
(5) General terms and conditions that contradict, deviate from or supplement our general terms and conditions, even if they are known, shall not form part of the contract, unless their validity is expressly agreed in writing.
§2 CONCLUSION OF THE CONTRACT
(1) The following rules on the conclusion of the contract apply to orders placed in our online shop www.pressureclothes.com.
(2) If the contract is concluded, it is concluded with PRESSURE.
(3) The offer of the goods in our online shop does not constitute a legally binding offer but only a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he/she is thereby making a binding offer to conclude a sales contract.
(4) After successful completion of an order in our online shop, the following applies: The customer makes a binding offer to conclude a contract if he/she completes the order process as explained below. This ordering process is completed after the following steps:
a) Select the desired goods
b) Confirm by clicking on the button “In the shopping cart”.
c) Check all data in the shopping cart
d) Confirm by clicking on the “Next” button
e) Login to the online shop after registering and entering the login data (e-mail address and password) or order as a guest.
f) Check and correct the data entered.
g) Contractually send the order by clicking on the “Confirm order” button.
Before sending the contractually binding order, the customer can return to the page on which he/she entered his/her data during the ordering process by clicking on the “Back” button on his/her Internet browser and checking his/her data. The customer can then correct any errors made or cancel the order process by closing the Internet browser.
We will acknowledge your order with an order confirmation sent automatically by e-mail. This order confirmation does not constitute an acceptance of the offer on our part. An acceptance of the offer is made in writing, in text form or by sending the goods.
(5) We shall save the wording of the contract and send you the order data and our general terms and conditions by e-mail. You can also view these terms and conditions at www.pressureclothes.com.
§3 PRICES, SHIPPING, PAYMENT, MATURITY
(1) All prices quoted in our online shop include the statutory value added tax and other price components. Any shipping costs as well as cash on delivery costs are not included. These costs will be charged separately.
(2) Payment shall be made via the secure PayPal payment system, by credit card (Mastercard, Visa), by invoice or by cash on delivery. However, payment by cash on delivery is only possible if the goods are shipped to France. Depending on the creditworthiness of the customer, we reserve the right to require a counter payment for the order to protect ourselves against credit risk.
(3) In the case of payment in advance or by PayPal, the customer undertakes to pay the purchase price immediately after conclusion of the contract. In case of payment by direct debit or credit card, the purchase price of the ordered goods will be debited from the customer’s bank account. If we deliver cash on delivery, the claim for payment of the purchase price is due once the customer receives the goods. In the case of delivery with invoice, the claim for payment of the purchase price shall be due within two weeks after receipt of the goods.
(4) The customer shall receive an invoice with the delivery of the goods. In the case of partial deliveries, a partial amount shall be invoiced to the customer.
(5) During the period of indebtedness, the entrepreneur shall pay interest at the bank base rate plus 8% of the amount due. We reserve the right to claim higher default damages from the contractor.
(6) A contractor shall only have a right of set-off if his counterclaims, which he wishes to assert, are legally established or undisputed.
§4 DELIVERY AND TRANSFER OF RISK
(1) Unless explicitly stated otherwise in the product description, all goods in our online shop are ready for dispatch.
(2) In the case of advance payment or payment by PayPal, the goods will only be dispatched to the customer after receipt of the payment amount.
(3) If the customer is a consumer, the risk of loss or accidental deterioration of the goods passes to the customer at the time of delivery.
(4) If the customer is a businessman, the risk of loss or accidental deterioration of the goods shall pass at the time of handover to the logistics company commissioned by us.
(5) If the customer is a businessman, we reserve the right to set a reasonable extension of time if a delivery deadline cannot be met for reasons beyond our control. The customer shall be informed in the event of non-compliance with the delivery period. If we are also unable to deliver the product within the additional period, we shall be entitled to withdraw from the contract concluded with the contractors. If the customer has already made a payment, we shall return it without fail.
§5 RETENTION OF TITLE
(1) If the customer is a consumer, we reserve the ownership of the goods until full payment of the purchase price.
(2) If the customer is a businessman, we reserve the ownership of the goods until all claims from the current business transaction have been paid in full. If the value of the reserved goods exceeds the claims to be secured from the current transaction by more than 10%, we shall be obliged to release the reserved goods.
(3) If the customer is a businessman, the latter is entitled to resell the goods in the course of business. In this case, the entrepreneur already assigns to us all claims in the amount of the invoice amount resulting in his favour from the resale to a third party. We accept this assignment with immediate effect. After this assignment, we grant the right to collect the claim to the entrepreneur. However, we reserve the right to collect the claim ourselves as soon as the entrepreneur does not fulfil his payment obligations and is in default of payment. Processing of the goods by the customer shall always be carried out in our name and on our behalf. If the contractor processes the goods, we shall acquire joint ownership of the new item. This co-ownership shall be assessed in proportion to the value of the goods delivered by us. This also applies if the contractor processes or mixes the goods with other objects that do not belong to us.
§6 LEGAL WARRANTY
(1) The consumer shall be entitled to the guarantees provided by the applicable law.
(2) By way of derogation, the consumer’s warranty claim for used goods expires one year after delivery of the goods.
Such a reduction of the limitation period shall not, however, apply to warranty claims which result in compensation and which arise in cases of intent or gross negligence or in the event of a breach of contractual obligations. Essential contractual obligations are those obligations on which the proper performance of the contract depends and which a purchaser can reasonably expect to observe.
(3) Claims for damages by consumers based on injury to life, limb or health or on the legal provisions of the French Product Liability Act shall also remain unaffected.
This also applies to breaches of duty by our vicarious agents.
(4) Any warranty claims of the contractor which do not relate to a claim for damages shall expire one year after delivery of the goods.
(5) The contractor is obliged to inspect the received goods immediately for defects in quantity and quality within the meaning of these General Terms and Conditions. Recognisable defects must be reported to us in writing within one week of receipt of the goods. If the entrepreneur fails to report the defect within the specified period, no warranty claims can be made. The contractor is obliged to report hidden defects to us in writing within one week. The period shall commence upon discovery of the defect. The deadline is deemed to have been met if the notification of the defect is sent in time. The contractor shall bear the full burden of proof for all claims, in particular with regard to the defect identified, the date on which it was discovered and the date on which notification was made.
§7 LIMITATION OF LIABILITY
We shall not be liable for damages caused by simple negligence insofar as these do not result from the violation of essential contractual obligations, do not relate to a guarantee for the quality of the purchased item and do not involve damage to life, limb or health or claims in accordance with the German Product Liability Act. Essential contractual obligations are those obligations on which the proper performance of the contract depends and which a purchaser can reasonably expect to observe.
These provisions also apply to breaches of duty by our vicarious agents.
In the case of simple negligence, liability for the violation of essential contractual obligations is restricted to typical and foreseeable damage associated with the contract.
§8 RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the date on which you or a third party designated by you, who is not the carrier, is/are in possession of the goods.
To exercise your right of withdrawal, you must inform us “ALIYA ( PRESSURE ), 3 Boulevard de Sebastopol, 75001 Paris, France” of your decision to withdraw from the contract by means of a statement (e.g. by post, fax or email).
In order to comply with the withdrawal period, it is sufficient that your notification of the exercise of your right of withdrawal is sent before the expiration of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall be obliged to refund all payments you have made to us, including delivery costs (with the exception of additional costs due to the fact that you have chosen a delivery method other than standard delivery at the best price offered by us), without delay and at the latest within 14 days from the date on which we received notification of your withdrawal from this contract. We will use the same method of payment for this refund as you used for the original transaction, unless otherwise expressly agreed with you, and we will not charge you a refund fee under any circumstances. We may object to the refund until we receive the goods or you provide evidence that the goods have been returned, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen day period has expired.
In the case of returned goods, the customer shall bear the cost of returning the goods.
Returns must be sent to the following address
ALIYA ( PRESSURE ), 3 Boulevard de Sebastopol, 75001 PARIS (France).
You shall bear any loss of value of the goods only if such loss of value is due to handling other than that necessary to check the quality, properties and functioning of the goods.
§10 CODE OF CONDUCT
We are not subject to any code of conduct.
§11 Language of contract, applicable law, place of jurisdiction
(1) Only the English language is used for the execution and processing of the contract.
(2) The contractual relationship is subject to French law.
For consumers who conclude the contract for non-professional or non-commercial use, this choice of law is only possible insofar as it is not overridden by mandatory provisions of the law of the state in which he has his habitual residence.
(3) If the customer is a merchant, a legal person under public law or belongs to a special capital under public law, the exclusive place of jurisdiction for all contractual disputes arising from the contract shall be the competent court at our registered office
§ 12 CUSTOMER SERVICE
For information, complaints and questions, our customer service is at your disposal on working days.
Telephone: +33 (0) 618916487
E-mail address: [email protected]
§13 ESCAPE CLAUSEIf one or more clauses of these general terms and conditions of business should be or become invalid or unenforceable, the validity of the remaining clauses shall not be affected. This shall not apply if a party to the contract is so disadvantaged by the deletion of certain clauses that it is impossible for that party to fulfill the contract.