General terms and conditions of sale
Trampoline / Accrobranche / Loisirs
These general terms and conditions of sale apply to all sales concluded by the company stork and stock and the Internet storkandstock.com.
The internet site storkandstock.com is a service of :
the company stork and stock
located 184 cours emile zola 69100 Villeurbanne France
site address: https://storkandstock.com/
e-mail address: firstname.lastname@example.org
telephone : 04 26 59 49 70
The website storkandstock.com and the company stork and stock market the following products: sale of unregulated products.
The customer declares having read and accepted the general terms and conditions of sale prior to placing an order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
The present general terms and conditions of sale are communicated to any buyer who so requests, in order to enable him/her to place an order.
The present general conditions of sale are applicable until 01 January 2050.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.
The present conditions only concern purchases made on this website and delivered exclusively in metropolitan France and Corsica. For any delivery in the DOM-TOM or outside of France, it is advisable to indicate it to obtain a specific estimate.
Article 3 – Online ordering
The buyer places his order online, from the online catalogue and by means of the form on the website.
For the order to be validated, the buyer will have to accept, by clicking on the place indicated on the site, the present general conditions. Its acceptance will lead to the sending of a confirmation e-mail from the seller, in accordance with the conditions described below.
The buyer will have to choose the address and the mode of delivery. Payment is made by bank transfer.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by e-mail.
The cancellation of the order of this product and its possible refunding will then be carried out, the remainder of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer can :
– call the following number: 04 26 59 49 70 (cost of a local call), at the following days and times: Monday to Friday from 8am to 6pm,
– send an e-mail to the following address: email@example.com.
Article 4 – Electronic signature
The online supply of the buyer’s bank details and the final validation of the order will be worth proof of the buyer’s agreement. This will enable the seller to obtain the payment of the sums due under the purchase order and this will be worth signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank details, the buyer is invited, as soon as this use is observed, to contact the seller by calling the following number: 04 26 59 49 70, or by sending him an e-mail to the following address: firstname.lastname@example.org.
Article 5 – Confirmation of the order
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.
Article 6 – Proof of the transaction
The computerized registers, kept in the seller’s computer systems under reasonable conditions of security, shall be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 – Product information
The products governed by these terms and conditions are those which appear on the seller’s quotation and invoice and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 8 – Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery charges, which are invoiced in addition and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products.
The payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, upwards or downwards, this change may be passed on to the selling price of the products.
Any order may give rise to the payment of a deposit, the terms of which will be determined at the time of sale. Except in cases of force majeure, any cancellation of the order by the buyer as from the purchase will not give rise to the reimbursement of this deposit.
The buyer may benefit from special discounts and rebates, if any, according to the special conditions specified at the time of the order.
Article 9 – Method of payment
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer. The payment of the order is only made by transfer to the seller’s bank account. The buyer must enter his bank details in the space provided and confirm this entry by adding his bank account number as an attachment to the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization from the officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered. The seller has set up an order verification procedure to ensure that no one uses another person’s bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then be validated only after receipt and verification by the seller of the documents sent.
The price is payable in full and in a single payment on receipt of the order. The date of payment will be mentioned on the invoice sent to the buyer.
Any delay in payment shall result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller may be entitled to take against the buyer in this respect.
Article 10 – Availability of products
Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For all deliveries in France (metropolitan France and Corsica), the delivery time is 120 days from the day following the day the buyer placed his order.
For any delivery in the DOM-TOM or outside of France, it is advisable to indicate it to obtain a specific estimate.
In case of delay, the seller’s responsibility cannot be engaged, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, may be made by the buyer.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 – Terms of delivery
Delivery is only made after confirmation of payment by the seller’s bank.
It shall be delivered within the period specified in article 10, as from the receipt by the seller of the order form.
Any delay of more than 2 months may result in the cancellation of the sale. The deposit paid or the payment made at the time of the order will then be returned to the buyer. The payment made with the order will then be returned to the buyer.
In case of non-compliance with the terms of payment listed above, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products…).
This verification is considered to be carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days following delivery. Any claim made after this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 12 – Delivery errors
The buyer must make any claim to the seller on the day of delivery or at the latest on the first working day following delivery, for any delivery error and/or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this deadline will be rejected.
The complaint may be made, at the choice of the buyer:
– by contacting the seller at the following telephone number: +33 (0)4 26 59 49 70
– using the following e-mail address: email@example.com
Any claim not made within the rules defined above and within the time limits specified above will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 184 cours emile zola, 69100 villeurbanne.
The return costs are the responsibility of the seller.
Article 13 – Product guarantee
The seller guarantees the buyer against any lack of conformity of the services and any latent defect, resulting from a defect in the design or supply of the said services, excluding any negligence or fault of the buyer.
In any event, should the seller’s liability be retained, the seller’s warranty shall be limited to the amount excluding VAT paid by the buyer for the purchase of the goods.
Article 14 – Right of withdrawal
As the buyer is a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.
Article 15 – Force majeure
Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exoneration of the parties’ obligations and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. In an express way, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general terms and conditions may be terminated by the injured party.
Article 16 – Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain their full force and scope.
Article 17 – Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 18 – Applicable law
The present general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.
If they fail to do so, the parties will submit the dispute to the Commercial Court.
Article 19- Collection of personal data
The personal data collected on this site are as follows:
Account opening: when the user’s account is created, the user’s name, first name, e-mail address, telephone number, postal address, …;
Logging in: when the user logs in to the website, the user records, in particular, his surname, first name, connection, usage, location and payment data.
Profile: the use of the services provided on the website allows the user to fill in a profile, which may include an address and telephone number.
Payment: when paying for the products and services offered on the website, the website records financial data relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily stored.
Cookies: Cookies are used, within the framework of the use of the website. The user has the possibility to disable cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organisation of the conditions of use of the Payment Services;
– verification, identification and authentication of the data transmitted by the user;
– offering the User the possibility to communicate with other Users of the Website;
– implementation of user assistance;
– personalisation of the services by displaying advertisements based on the user’s browsing history, according to the user’s preferences;
– prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
– when the user publishes publicly available information in the free comment areas of the website;
– when the user authorises the website of a third party to access his data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may carry out the transmission of data in order to pursue claims against the website and to comply with administrative and judicial procedures ;
– if the website is involved in a merger, acquisition, asset disposal or receivership procedure, it may be required to dispose of or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software and physical measures in the area of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users’ rights
In application of the regulations applicable to personal data, users have the following rights, which they can assert at the following address firstname.lastname@example.org :
– they can update or delete data concerning them by logging into their account and configuring the parameters of this account ;
– they can delete their account by writing to the following e-mail address email@example.com. Please note that information shared with other users, such as postings on forums, may remain visible to the public on the website, even after deletion of their account ;
– they can exercise their right of access to know their personal data by writing to the following e-mail address: firstname.lastname@example.org. In this case, before exercising this right, the website may request proof of the user’s identity in order to verify its accuracy;
– if the personal data held by the website is inaccurate, they may request that the information be updated by writing to the following e-mail address: email@example.com ;
– users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: firstname.lastname@example.org.
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
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