SARL Expression is represented by SIMON RAVAZ. The company has a share capital of 4 125 € and is situated 10 RUE DE BRETAGNE, 56950 CRACH. It is licensed at the trade register of Lorient under the number 450 409 719. The Company sells the following products to its customers via its Website: holds, artificial volumes and training accessories for climbing.
SARL Expression entices users to go through the present Terms of Sales and Use (hereinafter ToS/ToU). Any Order placement implies that the ToS/ToU have been accepted. The characteristics for the Products are stated on the Website. It is up to the Users to consider them before any purchase. The photographs and graphic designs are non-binding.
The Customers must make sure that they are familiar with the Terms of Sales and Use, and that they accept them. To do this, they must tick the corresponding box before any online Order placement.
The ToS/ToU oversee conditions in which the Company may sell its products to its Professional Customers and Consumers via the Website.
These conditions are for all the sales made by Expression Ltd. and they also apply to any contrary document, like the Terms and Conditions of purchase of the Customer.
These terms and conditions are always communicated to any Customer who requests them.
In case of a subsequent change of these Terms of Sales and Use, the Customer must follow the version that prevailed when the Order was placed.
"Customer" is a term referring to a Professional or a "Consumer" who made an order for a product sold on the Website;
"Order" refers to any order placed by a user subscribed to the website;
"Consumer" is a term referring to the buyer, a natural person who does not act out of professional need, or beyond their professional activity;
"Products" refers to material things that may be subject to appropriation and offered on the Website for sale;
"Professional" refers to a buyer, as a legal or natural person, who acts accordingly to their professional activity;
"Website" refers to the present Web page, that is to say www.holds.fr;
"Company" is referring to Expression Ltd., better mentioned in the Article I of the present; and
The term "User" refers to any person who uses the Website.
The subscription on the Website is open for all legal or natural adults who enjoy freely their legal personalities and capacities.
The use of the Website is conditioned and made for a registered User. The registration is free.
The User must fill in all the mandatory fields to proceed with the registration ; otherwise, it may not be completed.
The Users must formally guarantee and declare that the information that was communicated on the website during the registration is accurate. They must often update their personal information on the page dedicated to them on their account.
A User that is registered has a username and a password. These are strictly personal and private and are not to be communicated to any third party. Otherwise, the User's account will be deleted. A User that is registered on the Website is personally responsible for their username and password and must keep them confidential. Expression Ltd. may not be held liable for any case of identity theft. If a User suspects that there is a fraud, they must contact the company as soon as possible, and at any given time, so that it may take the necessary measures and rectify the situation.
Each User, whether they are a legal or natural person, may only have one account on the website.
If a User has created several accounts, the Company reserves the right to proceed with temporary or final deletion of all these accounts, as the creation of more than one account for one User is prohibited by the Terms of Sales and Use.
An account deletion results in the permanent loss of all advantages and services that were acquired on the website. However, any Order that was placed and invoiced by the Website before the deletion of the account will be executed under normal conditions.
In case of an account deletion by the company for dereliction of duty and obligations, which are stated in the present Terms of Sales and Use, the User is expressly forbidden from registering again on the Website without express permission from the Company, either via another web address or an intermediary.
Only a User that is registered may place an order on the Website. When they log in with their account, the User may add Products to their shopping cart. Then, they may go take a look at the recap of their shopping cart to confirm their choice of products for the Order and place the Order by pressing the corresponding button.
The User must indicate their postal address, a delivery method, and a valid payment method to finalise the Order and make a sales contract between them and the Company. The finalisation of the Order implies that the User has accepted the prices of the Products, the conditions of delivery, and the delivery times that are stated on the Website.
Once the Order is placed, the User will receive a mail that confirms their purchase. This confirmation will act as a recap for the Order, which also indicates relevant information about the delivery. An Order process represents the conclusion of a distance sales contract between the Company and the Customer.
The Company may offer price cuts and discounts to the Customer based on the number of Products that were ordered, or depending on the frequency of orders, according to conditions that were defined by the Company.
The Products that are presented on the Website are subject to the Terms of Sales and Use, and they are sold and consigned directly by the Company.
The Products are described on their corresponding page on the Website with all their key characteristics mentioned. The sale takes place within the limits of the available stocks of the Company. The latter may not be held liable for stock shortages or the non-existent stock of a Product that thus cannot be sold.
When a User, who is registered, wish to acquire a Product sold by the Company through the Website, the price showed on the page of said Product is in euros and includes all taxes, but excludes shipping costs. The price takes into account the applicable discounts and is in effect the day of the order. However, the price does not include delivery costs, which are detailed in the recap that is created before the order may be placed. If the total cost of the Products may not be computable ahead of time, the Company will send a detailed quote to the Customer with the price calculation formula.
By no means a User may require the application of discounts that are no longer in effect the day of the order.
Unless otherwise specified, all the sales are paid during the order placement.
Depending on the nature or the amount of the Order, the Company is free to ask for a deposit or a full payment of the amounts during the order process, or once the invoice has been received.
The payment may be done through:
- Bank check
- Bank transfer
- Credit card via protected connection
In event of non-payment, whether total or partial, of the products on the agreed date in the invoice, the Professional Customer will have to contribute to the Company a late fee, of which the rate is the same as the rate applied by the European Central Bank for their refinancing exercise increased by a further ten percentage points.
The financing operation that is chosen is the most recent starting from the day of the Order of the Services.
In addition to delay indemnities, any amount, including the deposit, that is unpaid at due date by the Professional Customer will trigger, in full rights, the payment of a lump-sum compensation of 40 euros due as part of the recovery fee.
If there is no full or partial payment of the Products on the agreed date of the invoice, the Consumer Customer will have to remit a late fee, of which the rate is equal to the legal interest rate.
No compensation can be given by the Customer between late fee, for supply of products that were ordered, and monies owed by the Customer to the Company, related to the purchase of Products proposed by the Website.
The penalty due by the Customer, Professional or Consumer, is calculated on the amount of the remaining sum due, including all taxes, and run from the expiry date of the price without any prior formal notice needed.
Products are exclusively delivered in the following geographical areas:
- metropolitan France
The Company commits itself to give the best efforts, materially and humanly, to deliver the Products without undue delay. The delivery may vary depending on the geographical area of the Customer, on the delivery method that was chosen, or on the Product that was ordered.
In case of excess of the deadline of the delivery by 14 days, except in case of force majeure, and if the Company did not, in fact, start the delivery, the Customer may rescind the contract with a registered letter with demand of acknowledgment of receipt, after having enjoin the Company to process with the delivery in a fair additional time, under similar conditions.
If so, the Customer may be defrayed within 30 days if they have already paid for their order and its delivery.
If the delivery cannot be ensured, due to an error on the postal address given by the Customer, the Company will contact the Customer as soon as possible to acquire a new delivery address, and all the eventual additional delivery costs will have to be paid by the Customer.
Furthermore, the Company may not be held responsible for anything related to an exceedance of the delivery time:
in times of peak demand, such as the year-end festivities,
for delays caused by a force majeure case, or the occurrence of an event that is beyond the Company's control,
for reasons exclusively imputable to the carrier charged with the delivery.
The delivery is done, depending on the Customer's choice and the prices stated on the Website:
at the postal address, given by the Customer when the order was placed, via a simple postal system.
at one of our partner locations, as stated on the Website. For the withdrawal of the Products, a valid identity document will be required. Otherwise, the Products that were ordered may not be handed to the Customer.
in one of the stores of the Company, chosen by the Customer upon placing the order.
The Customer has a right of claim of ten days starting from the delivery of the Product for any Order that was made on the present Website. The Customers have the responsibility to check the apparent condition of the Products during the delivery. If no reservations were expressly issued during the delivery, the Products are declared consistent with the Order.
To exercise this right, the Customer must forward a statement in which they express their reservations and claims, with the related receipts attached (the receiving report that was countersigned by the carrier, photographs…) at the mail address email@example.com
A claim that does not respect the conditions described above will not be accepted.
The Company will repair, replace, or defray the Product or its components as soon as possible and at its expense, respecting its material possibility to repair the Product or its supply availability.
The Consumer has a right of withdrawal of 14 days starting from the Order placement, except for the Products mentioned in the article L.221-28 of the French Consumer Code (article done upon request).
To exercise this right of withdrawal, the Consumer may send a statement at the mail address: firstname.lastname@example.org
The Products must be returned in their original packaging and in perfect condition within 5 days following the notification of the withdrawal to the Company by the Consumer. The direct return costs must be paid by the Consumer.
Once the Company is aware of the notice of withdrawal, the Consumer will be refund of the entire charge paid for the Order within 14 days.
Reimbursement will be done through the same payment method as the one that was used for the purchase.
The Company keeps a property right on the Products that were sold until the full payment by the Customer. The Company may reclaim ownership of the said Products in case of non-payment. If so, the deposits contributed to the Company will remain as theirs as compensation.
For a Professional Customer, the transfer of risks to the Customer takes place as soon as the goods are handed over to the carrier by the Company. For a Consumer Customer, the transfer of risks takes place at the time of the delivery, or when the Customer picks the orders up at the store, if the delivery of Products to the store has been chosen as a delivery method.
The Products that are sold on the Website are guaranteed in accordance with the legal rules of the French Consumer Code and of the French Civil code, which are stated below:
Article L.217-4 of the French Consumer Code:
"The seller delivers a good in conformity with the contract and is liable for any lack of conformity that could occur during the issuance of the good.
The seller also takes responsibility for any lack of conformity arising from the packaging, the operating instructions, or the installation, if it was charged to them by the contract or if the installation was done under the seller's responsibility."
Article L.217-5 of the French Consumer Code:
"The good is in conformity with the contract:
1° If it may be used like any other similar good and, also:
- if the good corresponds to the description that was set by the seller and has the qualities that were presented by the seller to the buyer, whether with samples or templates;
- if the good has the qualities and requirements that a buyer legitimately expects, as they trust public pronouncements made by the seller, the producer, or its representative, in advertising and labelling.
2° Or if the good has the characteristics defined by a mutual agreement of the parties that are involved or if it is made for a specific use that is desired by the buyer, that comes to the knowledge of the seller who accepted the production of the good under these terms."
"The seller must keep warranty of the product that was sold, and all its possible hidden defects that could make it unusable for the buyer or would have kept them from buying the Product, if its use had been reduced significantly enough, or he could have bought it but at a lower price."
Any Product that is resold impaired, modified or transformed is not covered by the warranty.
The warranty only covers the replacement or the reimbursement of the non-compliant Products or the defective ones. The warranty excludes all the cases of abnormal use, or misuse of a Product, and the cases where a Product that was ordered does not respect the legislation of the country in which it was delivered.
The Customer must inform the Company of any defect within two years. The Company will change the Products that were judged as flawed when possible. If the Company may be held liable, the warranty covers the pre-tax value that was paid by the Consumer for the supply of Products.
The replacement of the Products does not entail a warranty extension.
The Company may modify the Website, the Terms of Sales and Use, and any delivery procedure or other constituent element of the deliveries realised by the Company via the present Website.
When an Order is placed, the User is submitted to the conditions stated by the Terms of Sales and Use prevailing at the time of the Order placement.
The registration on the Website implies that the Customer's personal data are collected and processed. If the Customer refuses the data processing, they must forbear from using the Website.
This data processing of the personal data respects the General Data Protection Regulation 2016/679 of 27th April 2016.
Furthermore, in accordance with the Data Protection Act of 6th January 1978, the Customer may query, access, correct, modify and oppose their personal data, at any given time, by contacting, via mail or proof of identity, the following address: email@example.com.
These data are needed for the processing of an Order and the establishment of invoices if need be, and for the improvement of the features of the Website as well.
The Website may fall back on third companies for specific operations. By navigating on the Website, the Customer accepts that third companies may have access to their data to ensure the proper functioning of the Website.
These third companies do not have access to data that were collected for the completion of a precise task.
The Website is responsible for the data processing.
What is more, the User may also receive information or commercial offers from the Company or its partners.
The User may, at any given time, oppose the receipt of commercial offers, by writing at the mail address of the Company stated above, or by clicking on the link that was provided for that purpose, which can be found in the mails.
Furthermore, the Customers' information will be transferred to third parties without their express prior permission in order to reach the following purposes:
- to comply with the law
- to protect anyone against severe personal injuries, or even death
- to fight against fraud or infringements inflicted on the Company or its users
- to protect the Company's property rights
The Company guarantees a sufficient and proportional level of security, that considers all the risks that could be involved and their probability of occurrence, in accordance with the General Data Protection Regulation 2016/679 of 27th April 2016.
However, these measures are not to be considered as a warranty and do not bind the Company to an obligation of performance regarding their data security management.
The Company may add a cookie to the Users' computer to allow them an optimal navigation on the Website and a better functioning of the various interfaces and apps. This cookie may store information on the use of the Website, and eventual data on the Users (searches, username, mail address, password).
The User expressly allows the Company to put a folder said "cookie" into the User's hard drive.
The User may block, modify the retention period, or erase this cookie via the interface of their search engine. The User may not claim compensation of any kind if the automatic deactivation of the cookies on the search engine of the User prevents them from using some of the services or features of the Website.
The Company may not be held responsible for the unavailability of the Website, may it be temporary or permanent, and even if the Company uses all means necessary to always ensure the permanency of the service, it may still be interrupted at any given time. Furthermore, the Company reserves the right to willingly make the Website unavailable, in order to update and improve it, and do all the operations of maintenance that are required.
As previously mentioned in the present, the Company may not be held liable for any delay in delivey for reasons that are beyond its control, will or that are unpredictable, as no fault in these cases is attributable to the Company.
The brand, the logo and the graphic charter of the present Website are trademarks that are registered at the INPI and intellectual and creative works which are protected by copyright.. Any dissemination, exploitation, representation, or reproduction, may it be full or partial, without express permission from the Company will expose any offender to criminal and civil proceedings.
The law governing the ToS/ToU is the French law. Any dispute that may occur between the Company and a User during the execution of the present will lead to an attempt at an amicable resolution. Otherwise, the disputes will be made known to the competent courts of the common law.
The Customer or User expressly accepts the ToS/ToU.
The Customer acknowledges them and waives any claim of other documents, like their own General Terms and Conditions of Purchase.
The Consumer acknowledges that they have read the information stated in the articles of the French Consumer Code, from article L.111-1 to article L.111-7, regarding:
- the main characteristics of the Product;
- the price of the Products;
- the date or delay of the supply of the Service;
- the information on the identity of the Company (postal and contact details, telephone numbers);
- the information on legal and contractual assurances and how they may be put into place;
- the possibility to resort to a conventional mediation in case of dispute;
- the information relating to the right of withdrawal (delay, procedures, and arrangements to exercise it).
FEDERATION E-COMMERCE ET VENTE A DISTANCE, 60 rue la Boétie, PARIS 75008