LEGAL NOTICES
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Edited by SHOP OF THE SPOT
SAS (Simplified Limited Liability Company) capital of €53,200
Registered with the RCS Aix en Provence No. 490 470 887
And located at Hôtel Technologique Europarc Ste Victoire - Bat.6 - BP 46 Le Canet 13590 MEYREUIL
Mailing Address: Shopofthespot.com Customer Service - Hôtel Technologique Europarc Ste Victoire - Bat. 6 - BP 46 Le Canet 13590 MEYREUIL
E-mail: contact@shopofthespot.com
Publication Director: Mr. Olivier BUSSELEZ
Host: OVH
2 Rue Kellermann
59100 Roubaix
This site is registered with the CNIL by Shopofthespot.com under number 1178107.
The information collected by SHOP OF THE SPOT is protected by the modified French Data Protection Act No. 78-17 of 6 January 1978.
You have a general right of access, correction and deletion of all your personal data that can be exercised through customer service.
THE TERMS AND CONDITIONS OF SALE CAME INTO EFFECT ON 30 JUNE 2006
SHOP OF THE SPOT is a Club reserved for boardsport enthusiasts that offers its members boardsport equipment. By joining the SHOP OF THE SPOT Club, you have access to products directly negotiated with the major boardsport brands.
1. Acceptance of the Terms and Conditions of Sale
By accessing the offers presented on the website www.Shopofthespot.com, the client is deemed to have accepted these Terms and Conditions of Sale and to have stated to an able adult and/or have parental permission allowing him to place an order on the site www.shopofthespot.com and have a means of payment that is lawful and authorized on French territory, a legal tender.
2. Prices
All prices listed on the site are in Euros and include all taxes (TTC). The amount for shipping and handling is indicated in all taxes included and is the subject of a separate billing line. They may be modified at any time without prior notice, the price that is applicable and billed to the client is the one in effect on the date the order is placed, subject to the availability of the product ordered. The products remain the property of Shopofthespot.com until full payment is received.
3. The scope of the application
These terms and conditions of sale (T&C) shall apply to all business relationships between customers and Shopofthespot.com. They are available at www.shopofthespot.com under "Terms and Conditions". These terms and conditions may be changed at any time, the date they are posted on-line is the date they come into effect, except as otherwise expressly noted.
The applicable terms and conditions are those posted on the site at the time of placing the order.
To access the offers presented on the site www.shopofthespot.com, the customer must first be a member of the SHOP OF THE SPOT Club and have an account. Membership is free and is restricted to natural persons, excluding merchants in accordance with his membership.
By becoming a member of the Shopofthespot.com Club, the customer agrees to receive invitations to participate in new Dhopofthespot.com Club offers.
4. The offers
The offers presented on the site www.shopofthespot.com are reserved exclusively for member customers of SHOP OF THE SPOT Club as defined in Article 1 of these Terms and Conditions.
These Terms and Conditions apply exclusively to the French metropolitan territory, including Corsica and Monaco.
Offers are presented in French, English and German.
The deadline for offer validity is stated on the site.
5. Invite Buddies
"Invite Buddies" allows your friends to benefit from the offers at shopofthespot.com. Consequently you will receive 8€ in store credit for the first buy of your invited friend. This credit is valid for one year with effect from the date of the first buy of your invited friend.
6. Orders
Customers order at the site www.shopofthespot.com.
The order will be placed only after confirmation of corresponding payment, item price and contribution to costs specified in Article 4.
Once your order is placed, an e-mail confirmation is sent to you. It is recommended to keep it as this will establish the proof of the order.
Shopofthespot.com reserves the right to refuse any order from a customer with whom there is a dispute and/ or has an abnormal level of orders.
Shopofthespot.com will make its best efforts to process all orders within the limits of the available stock. In case of unavailability of the product ordered, the customer shall be informed by e-mail of a partial order or cancellation of his order, to which the client expressly agrees.
If the payment order has already been executed, reimbursement of the debited amount shall be made immediately. The turnaround time depends on the banking establishment and type of credit card. Beyond a period of 10 working days of notification of a refund, the customer is asked to contact his bank.
7. Withdrawal option
In accordance with Articles L.121-20 et seq of the French Consumer Code, you have a period of fourteen (14) days to exercise your right to withdrawal without having to justify your reasons or incurring penalties except, where applicable, the cost of return.
The seven days runs from the date of receipt of the products ordered.
This right to withdrawal is excluded when delivered products were apparently used.
The products must be returned adequately protected, in their original packaging, in perfect condition for resale (not broken, damaged or dirtied by the client) with all possible accessories, user manuals and documentation to the address indicated above, with the receipt.
The packages that do not have an attached element identifying the sender (order number, last name, first name, address) also cannot be returned.
The costs and risks associated with returning the product are the responsibility of the customer shipping it.
Returned products will result in a refund equal to the purchase price of the product(s) purchased.
The refund does not include the shipping and handling fees.
After processing the return, the amount of refund will be sent by e-mail to the customer and credited to the method of payment used for the transaction.
You can request a complete or partial cancellation of your order by sending an email to sav@shopofthespot.com. The amount paid (in the case of a complete cancellation, this includes the shipping and handling fees) will be reimbursed by directly crediting your bank account within a period of 10 days.
The total or partial cancellation of an order can be made until the date of receipt of the goods in our warehouses.
Once this deadline has passed, it is no longer possible to completely or partially cancel your order.
8. Regulations
As part of the offers proposed and to effect payment for the orders, Shopofthespot.com has chosen CyberMut p@iement du Crédit Mutuel (France) as its online secure payment solution and/ or paypal .
The invoice for the order is available on the SHOP OF THE SPOT site, in the my account section on which the price excluding taxes, the amount of VAT and the rate of VAT charged, cost contribution for shipping and handling and any possible reductions in price are mentioned.
In the case where a payment made is not honored, the costs linked to managing the unpaid amount (chargeback, ...) shall be charged by Shopofthespot.com and the order will be automatically canceled, the customer shall be notified by e-mail.
9. Deliveries
Delivery times are 30 calendar days as of the end of the sale, unless explicitly stated differently in product details and/or when ordering.
The products are sent to the shipping address provided by the client in his/her profile. He/She can choose among multiple addresses by choosing the preferred address at the time of the order. Each order can be delivered to only one place.
All deliveries shall be notified by e-mail at the address specified by the customer in his/her profile.
Deliveries are made by Tracked Colissimo requiring signature via "La Poste" (the French Post Office) for Metropolitan France and Monaco or by FEDEX for the countries of the European community. Deliveries are not made to Switzerland and the overseas territories.
In case of absence during the delivery at the address specified by the customer, a delivery notice is left. The package can be picked up at the Post Office whose address is noted within 10 days as of leaving of the notice. If delivery is made by a carrier, the client must contact the carrier to arrange a delivery date.
Delivery times specified in these Terms and Conditions are an estimate and correspond to average order processing and delivery times.
In accordance with the provisions of the Act of January 18, 1992, the customers shall have a period of 60 days as of the date specified for delivery to exercise his/her right to termination in the event of a delay exceeding 7 days.
In case of partial delivery, the right to termination may be exercised on the undelivered balance of the order and if products are delivered directly by the supplier, delivery may be performed with several deliveries.
Delivery is deemed completed as of provision of the product ordered to the address specified by the customer who must verify delivery and make all reservations and complaints which would appear justified, refusing the package if it was open or if it showed obvious signs of deterioration. Reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days following delivery of products, a copy should be addressed to Shopofthespot.com.
If the products delivered do not conform in kind, in quantity or quality for the quote specified in the delivery order, the customer must lodge a complaint within 8 calendar days as of the date of delivery.
In case of late delivery, defective and/or damaged or missing products, the customer must contact Shopofthespot.com customer service by e-mail, telephone or mail.
10. Warranties and Non-conformities of products
If products do not conform to the information given during the presentation of products on the site or have latent defects, they will be refunded, the amount of refund shall be communicated by e-mail to the customer and credited to the method of payment used for the transaction.
In this case, the return costs are the responsibility of Shopofthespot.com if and only if the supporting documents corresponding to the costs are attached to the packages. In the absence of supporting documents, no refund can be made.
The conventional warranties attached to the products sold are usually granted by the supplier. All warranties are excluded in case of default and/or damage from external events, accidents, including electrical hazards, wear, installation and use that do not comply with Supplier's instructions.
Also not included in the warranty are products that have been modified, repaired, built-on or added to by the customer.
The provisions of this Article shall not prevent the legal warranty for latent defects, as defined in Article 1641 of the Civil Code, when the product is sold to a consumer or a non-professional.
11. Liabilities
The products offered conform to the current French legislation. The descriptions of the products offered on the site Shopofthespot.com correspond to information provided by suppliers under their sole liability.
The photographs and texts reproduced and illustrating the products presented are not contractual and are for informational purposes only. Consequently, Shopofthespot.com shall not be liable for any errors in any of these photographs or texts.
Any errors found will be corrected as soon as possible after notification to Shopofthespot.com.
Shopofthespot.com shall not be held liable for damages of any kind, whether tangible or intangible property, which could result from a malfunction or improper use of products sold. The same goes for any possible product changes resulting from the suppliers.
Shopofthespot.com's liability shall, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions that may occur despite all precautions taken in presenting the products.
Shopofthespot.com shall not be held liable to any member or third party for any indirect damage, operating loss, profit or revenue arising in any manner whatsoever, even if such damage or loss or prejudice was foreseeable by Shopofthespot.com, or if its possibility had been brought to its attention.
Notwithstanding the foregoing, the liability of Shopofthespot.com under these general conditions does not exceed an amount equal to amounts paid or payable at the time of the transaction giving rise to such liability, whatever the cause or form of the relevant action.
12. Force Majeure
SHOP OF THE SPOT shall not be held liable for any breach of any of its contractual obligations due to force majeure or a fortuitous event, including but not limited to, natural disasters, fires, internal or external strikes, failure or internal or external breakdowns, and generally any event that does not allow proper transmission and/or execution of an order.
13. Entire Agreement
These Terms and Conditions constitute the entire rights and obligations for SHOP OF THE SPOT and shopofthespot.com site users concerning the product orders and online services.
No other general or specific condition may be incorporated into these Terms.
14. Competent courts
In case of difficulty regarding the interpretation and/or application of these Terms and Conditions, the parties shall try whatever possible to resolve their dispute amicably. In case of failure of these attempts, all disputes which may arise shall be brought, even in cases of multiple defendants or claim under warranty, before the competent courts within the jurisdiction of the Court of Appeals of Aix en Provence.