General Terms and conditions

Company’s name : GROUPE EUROSPORTS DIFFUSION
Legal status and social capital : SAS 850 000,00 €
Head Office : 610 rue des Tuiliers, Centralp, 38430, Saint-Jean-de-Moirans
Country : France

Phone : +33(0)4 73 19 49 66
E-mail : contact@oxsitis.com
Website : www.oxsitis.com

VAT number : FR93508329885
Siret : 50832988500042
Code APE/NAF : 4690Z

1 – Scope

These general sales conditions govern all relations between, on the one hand, SAS EUROSPORTS DIFFUSION, registered at the Clermont-Ferrand RCS under n°504015769 and whose headquarters are located at 28 rue Jean Claret 63000 Clermont-Ferrand, Tel: +334 73 19 49 66, below-mentioned as “SAS EUROSPORTS DIFFUSION” and the other hand, those who want to purchase products via the SAS EUROSPORTS DIFFUSION website: www.oxsitis.com, below-mentioned as “Customer”. Those conditions only are effective, on an exclusive basis, between SAS EUROSPORTS DIFFUSION and non-retailers’ consumers. They are applied to all the products of the SAS OXISTIS electronic catalogue. To order, the Customer must have the capacity to contract with the terms and conditions described, that is to say: to have at least 18 years old and be not under guardianship. Any order implies the unreservedly acceptance of those sales conditions. Those conditions prevail over any previous versions and other sales conditions.

SAS EUROSPORTS DIFFUSION reserves the right to modify at any time the sales conditions without noticing each client. Furthermore, the Customer is invited to visit regularly the SAS EUROSPORTS DIFFUSION’s website to inquire about the latest evolutions. The applicable sales conditions for each order are those in effect at the time of the order. Those sales conditions apply until the products are offered for sale by SAS EUROSPORTS DIFFUSION.

2 – Order

Terms and Conditions

To be able to place an order for Products, you must meet the following cumulative conditions:

• Complete all the information necessary for payment, delivery and any other information required when you create your customer account,
• Be the holder of a valid credit card or an active PayPal account.

New customers who have never ordered on the site must create an account prior to any order by entering their first and last name, postal address and e-mail address as well as a password (personal and confidential not to be disclosed with 6 to 10 characters including at least one capital letter, one lowercase letter, one number and one special character). The Client undertakes to provide true and sincere information. He is personally responsible for each purchase made with his username and password.

Order process and contract validation

You agree that your order constitutes an offer to purchase the Product(s) listed in your order subject to these Terms and Conditions of Sale. Any order must therefore be accepted by EUROSPORTS DIFFUSION. We reserve the right to unilaterally refuse orders, in particular those that we consider abnormal, those that we suspect to have been placed in bad faith or those that have not been placed by consumers. We are not required to justify our refusal unless we wish to do so. After receiving your order, and as far as we accept it, we will send you an order confirmation by e-mail with your order number and details of the Product(s) you have ordered as well as the Conditions of Sale. The conclusion of the sales contract will take place at the time you receive the order confirmation e-mail. The order confirmation e-mail is proof of your purchase, so please keep it.

Once you have logged into your customer account using your username and password, and after selecting the selected Product(s) by clicking on the “order” link, you then follow the order validation process to the “Cart summary” page. If you are not logged in to your customer account or if you do not have one, the site will prompt you to login or create it.

• Choice of delivery method:

In particular, you choose the delivery method of the Products, which can be done either directly at home in 1 or 2 working days, or by Express the next day before 1pm excluding weekends and public holidays. You must validate your basket by clicking on “Validate the order”. You then enter the ordering process which will be finalized by the conclusion of the sales contract between you and us.

• Choice of payment method:

Be sure to modify your order before confirming it definitively. It is specified that the characteristics of each product are available on the page of the said product. In accordance with law 2014-344 of 17 March 2014, before confirming your order, a summary of the main characteristics of the order containing the description of the products, the delivery and invoicing address, the total price including VAT, the method of payment and the delivery time / shipping costs applied, will be displayed. After checking the above elements, finalize your order by checking the box “I accept the general conditions of sale and I understand that making this order requires payment” “I accept the privacy and personal data management policy”, then by clicking on the link “order”. You will then be redirected to the payment page. We reserve the right not to accept an order in the event of non-compliance with these Conditions, in the event of errors, anomalies in the order (e.g. quantities ordered unsuitable for private or family use), in the event of a payment incident or suspected fraud and/or abuse. Your order will be confirmed by sending an email from us indicating the order number and details to the email address you have provided.

3 – Price – special offers

Prices are in euros VAT included, excluding shipping costs. VAT rate applied is the rate in effect at the day of the order. SAS EUROSPORTS DIFFUSION reserves the right to change prices at any time but agrees to invoice the goods ordered based on rates in effect at the time of the Customer’s order registration. Participation in the shipping and packing cost is automatically calculated based on the weight and volume of the order for all countries.

SAS EUROSPORTS DIFFUSION reserves the right to carry out special offers during specific periods. For each transaction, it will be specified if it can be combined with the current prices.

4 – Availability of products

Available product offers on the website are valid only while stocks last. Information on product availability is provided at the time of the Customer’s order. An unavailable product is indicated as such on the website. A product can become unavailable between its addition in the basket and the order validation. Therefore, the addition of a product in the basket does not confirm the order.

5 – Payment

The price is payable upon placing of the order via a PayPal account or a debit card (CB, VISA, MASTERCARD EUROCARD), excluding any other payment method. Foreign debit cards must be international debit cards.

The card payment is secured using the SSL system (Secure Sockets Layer) which encrypts all data related to the card, which are not unencrypted on Internet. They are keyed directly on PayPal website and will remain completely unknown from SAS EUROSPORTS DIFFUSION. Moreover, the information provided by Customers during the order (card number, expiration date, security code) are not stored on SAS EUROSPORTS DIFFUSION servers. Customer guarantees to SAS EUROSPORTS DIFFUSION that the payment method used is valid and that his bank account is sufficiently funded. SAS EUROSPORTS DIFFUSION reserves the right to block Customer’s order in case of non-payment, incorrect address or any other problem related to Customer’s bank account. The Customer’s bank account is debited only after the order shipment and only of the amount of goods purchased.

6 – Delivery

Place of delivery

EUROSPORTS DIFFUSION’ delivery area covers France (including Monaco, Corsica and the French overseas departments and territories), Belgium, Switzerland, Andorra, Luxembourg, Germany, Denmark, Spain, Italy, the Netherlands, Austria, the United Kingdom, Hungary, Ireland, Portugal, Poland, the Czech Republic, Slovakia, Slovakia, Slovakia, Slovenia, Slovenia, Slovenia, Slovenia, Slovenia, Slovenia and the United Kingdom. Czech Republic, Slovakia, Slovenia, Liechtenstein, Norway, Cyprus, Greece, Malta, Turkey, Albania, Bosnia, Croatia, China, Hong Kong, Japan, Thailand, United States, Canada, Australia, New Zealand, Africa, Maghreb. The products or services ordered are delivered to the address indicated by the Customer at the time of placing the Order and appearing in the summary email sent to him by EUROSPORTS DIFFUSION.

Terms and conditions of delivery

The maximum delivery time for products ordered on the EUROSPORTS DIFFUSION website is 15 working days. It includes the time required to prepare the Order as well as the shipping and delivery time by the carrier. Deliveries are made to the Customer’s home or to the address indicated by the Customer at the time of the Order. Any order placed before 1pm Monday to Friday is shipped the same day, regardless of the delivery method. Orders placed from Friday 1pm to Sunday evening at midnight are shipped on Monday during the day. Our packages are shipped only after validation of the CB payment or Paypal account (immediate). The delivery costs are at the expense of the Customer. They are mentioned in these general terms and conditions of sale, at the time of validation of the Order, as well as in the summary email of the Order. Upon receipt of the return of the package due to the Customer’s failure to appear at the chosen delivery point, EUROSPORTS DIFFUSION will cancel and refund the order. Deliveries will be made by a transport service of the country in which the Delivery is made. The Customer undertakes to carry out all necessary formalities and declarations with the authorities and administrations of his country, and to pay any taxes that may be required of him with a view to importing the Products into the country. EUROSPORTS DIFFUSION shall not be held liable in the event of failure by the Customer to fulfil its obligations, which would result in the non-delivery of the ordered product.

Delay in delivery

In the event of late delivery, EUROSPORTS DIFFUSION undertakes to notify the Customer as soon as possible, by any means of communication, as well as to inform him of the estimated duration of the delay. If the Order is not received by the Customer, more than 10 working days after the delivery date indicated by EUROSPORTS DIFFUSION, the Customer may terminate the contract by sending EUROSPORTS DIFFUSION a registered letter with acknowledgement of receipt informing it of its decision. The Sale is considered as cancelled upon receipt by EUROSPORTS DIFFUSION of the registered letter with acknowledgement of receipt informing it of this cancellation, unless the Order has been delivered within this period. The Customer may not terminate the contract if the delay in Delivery is due to a case of force majeure within the meaning of the case law of the French courts. In the event of termination of the sale by the Customer, under the conditions described above, EUROSPORTS DIFFUSION will then refund the Customer within 14 days, following the day on which EUROSPORTS DIFFUSION receives the Customer’s cancellation request.

Loss of packages

In the event of loss of the package, EUROSPORTS DIFFUSION may carry out an investigation with the postal services or the carrier in order to find it. If the Order is found, it is immediately sent back to the Customer, at EUROSPORTS DIFFUSION’ exclusive expense. If the Order is not found, EUROSPORTS DIFFUSION will refund the Customer within 14 days of the day EUROSPORTS DIFFUSION is informed of the loss of the package.

Absence of delivery

For deliveries in France: In the event of non-delivery, the Customer must contact EUROSPORTS DIFFUSION by telephone at the following number: +33(0)4 73 19 49 49 66 or via the contact form on the Site www.oxsitis.com. If the Order is not received by the Customer, more than 10 working days after the delivery deadline, the Customer may terminate the contract by sending EUROSPORTS DIFFUSION a registered letter with acknowledgement of receipt informing it of its decision. If the Customer does not wish to terminate the contract or if the delivery deadline has not been exceeded by at least 7 working days, EUROSPORTS DIFFUSION will contact the Customer to determine the terms of a second delivery. If EUROSPORTS DIFFUSION cannot contact the Customer, or if the order still cannot be delivered during the second shipment, the order will be cancelled and the Customer will be automatically reimbursed. EUROSPORTS DIFFUSION shall be exclusively responsible for all custody and return costs that may be invoiced to it by the carrier.

For deliveries abroad: In the event of non-delivery, the Customer must contact EUROSPORTS DIFFUSION by telephone at the following number: +33(0)4 73 19 49 49 66 or by using the customer service available on the contact form on the Site www.oxsitis.com. EUROSPORTS DIFFUSION will then contact the transport company in charge of Product Delivery to agree with it on new delivery terms. EUROSPORTS DIFFUSION will then inform the Customer of the new delivery methods implemented. If EUROSPORTS DIFFUSION is unable to contact the transport service in charge of the Delivery or if it is impossible to agree on new delivery terms, the Customer will be automatically reimbursed within 14 days following the day on which the Customer informs EUROSPORTS DIFFUSION.

Non-conforming order / Damaged order

Despite all the care that EUROSPORTS DIFFUSION takes in the preparation and shipment of packages, some Orders may contain missing, damaged or non-compliant Products. If the Customer considers that the Products delivered are defective, defective or non-compliant, it will be up to him to refuse the Delivery, or to send EUROSPORTS DIFFUSION, reasoned reservations describing the failure, or the non-compliance of the Order. The Customer shall have a period of 45 clear days from the Delivery date to address his complaints to EUROSPORTS DIFFUSION. EUROSPORTS DIFFUSION will not proceed with any further action if the complaint is communicated to it after this period. The Customer wishing to make use of his right of withdrawal must make a request via his customer area and attach the return form to his package. In the case of a non-compliant or damaged order, the Customer may, after obtaining his return form, request a pre-paid return label. To do so, he/she should contact customer service via the contact form available on the EUROSPORTS DIFFUSION website or at sav@oxsitis.com. The returned product must be in new condition, complete, with its original packaging, accompanied by all its labels, accessories, documentation and instructions for use, as well as the return form created from its customer area. EUROSPORTS DIFFUSION will inform the Customer of the return of the product. The full price of the product ordered will then be refunded within 14 days of receipt of the return. The costs of returning the defective product will be borne by EUROSPORTS DIFFUSION. No return will be made if it is revealed that the failure is attributable to the Customer and in particular if it results from use not in accordance with its normal use, from a modification or adaptation of the product at the Customer’s initiative or from prolonged use by the Customer.

Transport, order management and packaging costs

EUROSPORTS DIFFUSION reserves the right to apply a contribution to the cost of processing and shipping the order, depending on the destination :

7 – Ownership – Transfer of risk

The products ordered are still the SAS EUROSPORTS DIFFUSION property until the payment of the full amount. This retention-of-title shall not obstruct the transfer of risks (loss, deterioration) to the Post Office as soon as SAS EUROSPORTS DIFFUSION ships the goods and then to the Customer when they receive the package.

8 – Guarantee

Definition of the guarantee

EUROSPORTS DIFFUSION grants this guarantee to any consumer purchasing an EUROSPORTS DIFFUSION product on the site (www.oxsitis.com). EUROSPORTS DIFFUSION products are guaranteed against any defect in material or workmanship (Defect) for a period of 1 year for Hydration and 2 years for Luggage. The warranty will only apply to Defects discovered during the Warranty Period and will only benefit the original purchaser of the Product. EUROSPORTS DIFFUSION Products comply with their technical description and specifications; it is your responsibility to ensure that they are suitable for the use you wish to make of them and to choose them accordingly. The Warranty Period takes effect on the date of purchase of the Product by the original purchaser. Under national laws, the Warranty Period will not be extended or renewed or affected by any subsequent resale, repair or replacement of the Product. However, the repaired part(s) or replacement product(s) during the Warranty Period shall be warranted for the remainder of the original Warranty Period to the extent that the replacement or repair was performed by EUROSPORTS DIFFUSION or an authorized dealer.

Conditions of application and cases of exclusion

1. The following damages are not covered by the warranty:
2. Damage resulting from normal wear and tear of the Product
3. Damage resulting from the transport or storage of the Product
4. Damage resulting from use not in accordance with the intended purpose of the products or from improper maintenance
5. Damage resulting from failure to comply with the instructions for use and maintenance of the Product as defined in the Product’s operating instructions
6. Damage resulting from the modification of the Product
7. Damage resulting from impact, caused by sharp objects, twisting, compression, falling, abnormal impact and other actions beyond the control of EUROSPORTS DIFFUSION.
8. This warranty is not enforceable if:
9. The Product has been modified or repaired by any person or entity other than EUROSPORTS DIFFUSION or an authorized EUROSPORTS DIFFUSION reseller;
10. The Product has been repaired with unauthorized spare parts;

Application of the guarantee.

In the event of a Defect, EUROSPORTS DIFFUSION undertakes, at its discretion, either to (a) repair the Product or (b) replace the Product at no cost. This choice will be made by EUROSPORTS DIFFUSION on the basis of the following considerations:

1. the value that the Product would have if there were no defect,
2. the importance of the defect,
3. the inconvenience generated by the proposed compensation to the original buyer.

EUROSPORTS DIFFUSION undertakes to ensure that any repair or replacement is carried out within a reasonable time, taking into account the nature of the property and the use intended by the latter. For any warranty request, contact the After Sales Service on 04 73 19 49 66. For the return of the Products in the event that the warranty is invoked, the shipping costs are at your expense and the shipping address is as follows: EUROSPORTS DIFFUSION, after-sales service, 610 rue des Tuiliers, Centralp, 38430, Saint-Jean-de-Moirans- France

Limitation of liability.

UNDER NATIONAL LAWS, THIS WARRANTY IS EXCLUSIVE OF ANY OTHER REMEDY AND IS IN LIEU OF ANY WARRANTY DECLARED OR IMPLIED. EUROSPORTS DIFFUSION SHALL NOT BE LIABLE FOR ANY INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF OPPORTUNITY OR WINNINGS, LOSS OF USE OF THE PRODUCT OR ASSOCIATED DEVICE, COST OF ANY SUBSTITUTE EQUIPMENT, CLAIMS BY THIRD PARTIES, AND PROPERTY DAMAGE RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR AS A RESULT OF BREACH OF WARRANTY. EUROSPORTS DIFFUSION CANNOT BE HELD RESPONSIBLE FOR THE LOSS OF USE OF THE PRODUCT DURING ITS REPAIR PERIOD.

10 – Responsibility – Force majeure

The products comply with French and European legislations. Photographs, illustrations and descriptions of the products on the website have no contractual value and therefore shall not involve SAS EUROSPORTS DIFFUSION’s responsibility in case of errors. The customer is responsible for selecting products, their conservation and use. SAS EUROSPORTS DIFFUSION has only an obligation of means during all stages from the access to the website, the ordering process, delivery or subsequent services. SAS EUROSPORTS DIFFUSION’s responsibility cannot be held for any inconvenience or damage arising from the use of Internet such as speed of access and website consultation, loss of data, intrusion, virus, suspension or unavailability of service. It suspends the SAS EUROSPORTS DIFFUSION contractual obligations in case of force majeure, that is to say any unforeseeable, irresistible and outside event, as defined by regulations or the Courts.

11 – Protection of personal data

The information gathering related to customers is necessary for the order management, they can be computerized. In accordance with Law No. 78-17 of January 6^th 1978 relating to data, files and freedoms, the Customer has a right to access, correct or delete personal data by writing at contact@oxsitis.com or at SAS EUROSPORTS DIFFUSION 610 rue des Tuiliers, Centralp, 38430, Saint-Jean-de-Moirans – France, indicating your name, address, email and customer number. Our computer records are neither leased nor sold, so customer information is strictly confidential and are exclusively for internal use. Consumers’ personal data has under a CNIL statement (number 1504460 v 0)