Obut General Terms & Conditions for Distance Selling via Internet
ARTICLE 1 – SCOPE – SUBJECT-MATTER
The following provisions establish the general terms & conditions of sale (hereinafter referred to as the GTCS) of OBUT products proposed in the shop (hereinafter referred to as the “Products”) accessible via the Internet: http://www.boutique.obut.fr & http://www.labouleobut.com (hereinafter referred to as the “website”).
These GTCS apply, without restriction or reservation, to all sales concluded by La Boule Obut S.A.S. [simplified stock company] (hereinafter referred to as “La Boule Obut”) to non-professional buyers (hereinafter referred to as the “Consumers”) who wish to obtain the Products proposed on the website.
These GTCS apply, to the exclusion of all other conditions, and notably those applicable for sales in shops or at sports events.
By placing an order and clicking on the icon “Please accept the general terms & conditions of sale”, the Consumer acknowledges that he/she has read the GTCS and agrees to them.
Therefore La Boule Obut recommends all its Consumers to read the following clauses attentively.
In addition, La Boule Obut wishes to specify that the Consumer cannot buy one of the Products presented on its website without first agreeing to the conditions specified below.
The offers of products on sale are valid while stocks last.
These GTCS, together with the order form, constitute all the Parties’ rights and obligations, and no other provision may modify them.
ARTICLE 2 – LEGAL NOTICE
The company responsible for the offer is:
LA BOULE OBUT – Département VAD (Distance Selling Department)
5 Route du Cros – 42380 Saint-Bonnet-le-Château – France
Tel. within France: 04 77 45 57 00
Tel. from outside France: +33 4 77 45 57 00
Commercial contact: by means of contact forms available on the websites
LA BOULE OBUT simplified stock company with €6,735,925 capital
SIRET (French National Business Registration No.) 415 203 355 00011 - APE trade specialty qualification code 3230 Z - VAT No. FR 00 415 203 355
Local Business Names & Companies Registration No. 415 203 355 - IBAN FR76 1009 6185 1600 0256 9100 131 - BIC CMCIFRP
Publishing director: Philippe Meynard, marketing & communication
Conception, design & development: Visual-Link, 7 rue de la République
69001 Lyon France Tel.: +33825826533
Internet hosting: ipgarde, Tour de l’horloge – 4 place Louis Armand
75012 Paris Tel. : +33177492450
La Boule Obut recommends the Consumer to read these main characteristics attentively.
In general, these main characteristics concern the following:
- Approval for use in competitions
- Steel quality
- Striation markings
- Marking options
ARTICLE 4 – PRICES
a) The prices of our products are given in Euros, U.S. Dollars, Japanese Yens, Pounds Sterling, Swiss Francs, Canadian Dollars or Swedish Kronas on the website, according to the Consumer’s choice. The exchange rate of currencies other than the Euro is automatically updated daily according to the rates proposed to La Boule Obut by its bank. If the exchange rates are clearly unstable, La Boule Obut reserves the right to suspend the possibility of comparing different currencies on the website.
b) All orders, whatever their source, are payable exclusively in Euros (€).
c) For Metropolitan France and all Member States of the European Union, the prices are net (including VAT & all other taxes).
d) For an order delivered in a country other than Metropolitan France and the Member States of the European Union, the Consumer is considered as the importer of the product(s) concerned. For all products shipped outside Metropolitan France and the Member States of the European Union, the price is automatically calculated excluding VAT and all other taxes as soon as the order is placed. customs duties or other local taxes, import duties or taxes may be payable. La Boule Obut is not responsible for these duties and amounts. They shall be paid by the Consumer, who is entirely responsible for them in terms of both declarations and payments to the authorities and/or the competent organisations or bodies in the country in question. La Boule Obut advises the Consumer to obtain information on these aspects from his/her local authorities.
e) La Boule Obut reserves the right to change its prices at any time, but the products shall be invoiced on the basis of the prices applicable at the time when orders are booked, on the condition that the products are available on this date.
ARTICLE 5 – PLACING AN ORDER
Orders of products can be placed in two (2) ways:
1. By secure Internet.
On the website, the Consumer chooses the products that it wishes to order, as follows:
- Choosing a product in the on-line shop: The Consumer chooses the product and its characteristics. He/she can check its availability, add products to the shopping basket, cancel or modify the order, display its exact details, the characteristics, and the total price excluding VAT & all other taxes as well as the total net price including all taxes.
- Opening an account: In order to be able to place an order for a product, the Consumer must first have an account on the website. When the account is opened, an e-mail message confirming that the account has been created shall be sent to the Consumer.
- Checking the order: The Consumer must check his/her order for products and validate these GTCS.
To place an order, the Consumer must click on "Place the order" in order to use the Ogone secure payment system. From this point onwards, the Consumer cannot change the information that he/she has given, such as the name/description of the chosen product, its diameter, its weight, engraving of the Consumer’s name, delivery address, etc. The Consumer cannot cannot call into question or oppose his/her acceptance or confirmation, subject to application of Article 10 of these GTCS.
2. By telephone to +33(0)4 77 45 57 00: specialists belonging to La Boule Obut’s sales service book the Consumer’s order and record his/her payment in real time, from Monday to Thursday 8:00am to 6:00pm and Friday 8:00am to 5:00pm.
ARTICLE 6 – CONFIRMATION OF ORDER
To check that the Consumer wishes to place an order, La Boule Obut undertakes to send e-mail confirming orders received via the Internet as soon as it accepts the Consumer’s payment on the Ogone payment platform.
In accordance with Article L.121-19-2 of the French Consumer Code, this confirmation shall give the following information:
- the main characteristics of the product(s) or the service;
- the price of the product(s) or the service, in application of Articles L. 113-3 & L. 113-3-1 of the French Consumer Code;
- the date or time limit by which La Boule Obut undertakes to deliver the product;
- information on the identity, postal addresses, telephone Nos. and e-mail addresses of La Boule Obut;
- information on the legal guarantees and the details of implementation of the guarantees and the other contractual conditions;
- when the right of retraction exists, the conditions, the time limit and the detailed ways and means for exercising this right, and the standard retraction form;
- the fact that the Consumer covers the costs of sending back the product in a case of retraction, while noting that this cost will vary according to the weight of the product and the address to which the said product is shipped;
- when the right of retraction cannot be exercised, the information stating that the Consumer does not benefit from this right or, where applicable, the circumstances in which the Consumer loses his/her right of retraction;
- information on the costs of using the distance selling technology, the guarantees, the detailed ways and means of cancellation, the ways and means for settling disputes, and other contractual conditions.
ARTICLE 7 – PROOF
The confirmation of the Consumer’s order shall be archived by La Boule Obut and shall be considered as proof of the Consumer’s confirmation of the order and of the date on which the order was placed.
8.1 The prices are given on the basis of the rates applicable on the website, when the order is placed by the Consumer. The prices are given in Euros net (including VAT & all other taxes). These rates are firm and are not revisable.
8.2 A delivery slip shall be attached with the parcel sent to the Consumer or to any third party expressly designated by the Consumer, irrespective of whether or not the invoicing address is the same as the delivery address. The invoice can be downloaded and printed in the Consumer’s “Mon compte” / “My Account” personal space on the website. If the order is placed by telephone, and if the Consumer does not have an Internet connection, then the invoice shall be attached with the parcel sent to the Consumer.
8.3 The price is payable in cash, in full on the day when the Consumer places the order, by means of the Ogone secure payment system, by cheque (only for Consumers in Metropolitan France), bank card or Paypal account. La Boule Obut shall not be required to deliver the products ordered by the Consumer if the latter does not pay it the total price in accordance with the above-mentioned terms and conditions. In addition, if the above-mentioned terms and conditions of payment are not complied with, then La Boule Obut reserves the right to suspend or cancel the delivery of orders in progress placed by the Consumer.
ARTICLE 9 – SHIPPING – DELIVERY
9.1 All displayed prices do not include the Consumer’s contribution to shipping costs.
- For every delivery en Metropolitan France, a fixed extra charge of €9.50 is added for each order weighing more than 2 kg. For an order weighing less than 2 kg, the fixed extra charge is €5.00.
- For all other countries in the world, a scale of charges is applied according to the weight of the order and the country of destination.
9.2 The products presented on the website can be delivered everywhere in the world.
La Boule Obut undertakes to ship the Products in accordance with the time limit indicated in the margin of the specifications specific to each product reference.
Note: Shipping times do not include routing times of the carriers in charge of delivery. These times vary according to the country of delivery and the carrier in charge of the delivery.
If the product (apart from personalised or made-to-measure products - boules personalised by engraving, special production, large diameter, etc.) is not available or if La Boule Obut cannot meet the delivery time, then the Consumer shall be informed as soon as possible and may either agree to a longer delivery time, or cancel the order and ask for it to be refunded.
La Boule Obut undertakes to do everything possible to deliver the products ordered by a Consumer in Metropolitan France, and to ship them to a Consumer in the rest of the world, within the times specified below:
- Two (2) working days from receipt of the payment for products in stock – without personalisation;
- Five (5) working days from receipt of the payment for products in stock - with personalisation;
- Between twenty (20) and forty (40) working days from receipt of the payment for products that are entirely made-to-measure.
Note that these time limits and delivery times are extended to take into account any occasional limited number of days of total closure of the production workshop and/or the La Boule Obut company. Therefore:
- when an order is placed during the occasional limited total closure of the production workshop and/or the La Boule Obut company, the delivery time starts from the reopening of the production workshop and of the La Boule Obut company;
- if an order is placed before the occasional limited total closure of the production workshop and/or the La Boule Obut company, but its delivery is intended to occur during the days of occasional limited total closure of the production workshop and/or the La Boule Obut company, then the delivery time is extended by the number of days between the date when the delivery should have occurred and the date of reopening of the production workshop and/or the La Boule Obut company.
Every day, shipments are given to the two (2) carriers below, who route Consumers’ orders every day, including Saturday:
1. La Poste [French national public postal service], for normal lead-times:
- “So Colissimo” service: you can choose from among five (5) possible solutions regarding delivery points in Metropolitan France: my home, my designated place of delivery, my Cityssimo space, my Post Office, my local shop.
- “Colissimo suivi” tracked parcel service: delivery in person to the addressee, who signs a receipt, for International deliveries.
2. Chronopost, for urgent deliveries:
- “Chrono Relais” service in Metropolitan France only, with delivery in one of 7,000 Chronopost local relay points. The parcel can be collected after 1:00pm from the day after its shipment!
- “Chrono 13” & “Chrono International” services in Metropolitan France: The parcel is shipped before 1:00pm, and, in most countries of the European Union, the consumer will receive it on the day after its shipment!
If the Consumer is absent on the day of delivery, notification shall be placed in the Consumer’s letter-box by the carrier.
The Consumer is informed by e-mail of the date of shipment of the order, when the order is in the carrier’s truck. This e-mail shows the carrier’s reference No. of the parcel with link to the carrier’s website. At any time, using this link, the Consumer can keep track of the delivery of his/her order.
If the Consumer has not received the parcel within fifteen (15) calendar days after the date of shipment, then the Consumer is recommended to inform La Boule Obut of this.
If the order is lost or stolen, then the order shall be replaced by La Boule Obut, free of charge.
9.3 If the order is for more than around (10) sets of boules, then it shall be delivered in several parcels.
9.4 On delivery, the Consumer must obligatorily check the general appearance of the delivered product’s packaging and its contents. If anything is missing and/or damaged, the Consumer will have a period of three (3) calendar days (not including holidays) from delivery to express any reservations or make any claims for non-conformity or visible defect of the delivered products to the carrier on the carrier’s delivery slip and on the carrier’s form, and to inform La Boule Obut of this in writing, preferably by recorded delivery letter.
9.5 If there is any non-conformity or visible defect of the delivered product, La Boule Obut undertakes to exchange the Product or to reimburse the Consumer.
9.6 Transfer of ownership and transfer of risks:
9.6.1 Ownership shall be transferred as of complete payment of the price by the Consumer.
9.6.2 Any risk of loss or damage of the product(s) is transferred to the Consumer when the Consumer or a third party named by him/her, other than the carrier proposed by La Boule Obut, takes physical possession of the product(s).
ARTICLE 10 – PERIOD FOR RETRACTION
10.1 Personalised products & Made-to-measure products:
10.1.1 • A boule product is considered to be made-to-measure or non-standard when it requires non-standard production and when the following mention is made in its article data sheet on the Obut website: 5 or 3 weeks for non-standard or made-to-measure production **
10.1.2 A boule or pouch product is considered to be personalised when it has engraving provided to meet the Consumer’s wishes.
10.1.3 For any product that is personalised (boules and/or pouches and/or accessories that are personalised by engraving) or made-to-measure with special production (all weights, diameters and striation markings that are specified in the product data sheet on the Obut website with the following mention: 5 or 3 weeks for non-standard or made-to-measure production**), in application of Article L.121-21-8, 3° of the French Consumer Code, the Consumer does not have a period for retraction (or cooling-off period), and is legally bound by the terms and conditions specified in his/her order.
10.2 Standard products:
10.2.1 A boule product is considered to be standard when it does not require non-standard production and when the following mention is made in its article data sheet on the Obut website: In stock, shipped within 24 hours **.
In general, the following are available from stock:
- all sets of standard range boules;
- all accessories and clothing proposed on the website.
10.2.2 For any standard product that does not require any special production or any personalised marking, in application of the Article L.121-21 of the French Consumer Code, the Consumer has a period for retraction (or cooling-off period) of fourteen (14) days from the date when he/she receives the ordered product.
10.2.3 When the allowed time of fourteen (14) days expires on a Saturday, a Sunday, a holiday or a public holiday, then it is extended until the first following working weekday.
10.2.4 This right of retraction can only be accepted for complete products in their original condition (boules, accessories, guarantee card, packaging, etc.), with a copy of the purchase invoice. Any products that are returned incomplete, damaged or soiled by the Consumer shall not be accepted.
10.2.5 The Consumer may exercise his/her right of retraction by using the retraction form that is provided on the website or any other unambiguous written declaration expressing his/her wish to retract; note that the costs of sending the product back in a case of retraction must be covered by the Consumer.
10.2.6 When the right of retraction is exercised:
The direct costs of sending back and of returning products are to be covered by the Consumer; only the price of the Product and the delivery costs shall be reimbursed. It is stipulated that La Boule Obut shall not reimburse additional costs if the Consumer has expressly chosen a more costly means of delivery than the standard means of delivery proposed by La Boule Obut.
- the Consumer has a period of fourteen (14) days after informing Obut of his/her decision to retract, during which it may send the products back to La Boule Obut.
- La Boule Obut undertakes to reimburse the Consumer within a period of no more than fourteen (14) days from the date when La Boule Obut receives the products returned by the Consumer in accordance with the general terms and conditions of sale, or from the date when the Consumer provides proof of shipment of the products, the date selected being that of the first of these two events.
ARTICLE 11 – GUARANTEE AND AFTER-SALES SERVICE
11.1 Legal guarantees:
All products supplied to the Consumer by La Boule Obut benefit from the following, without any additional payment:
- the legal guarantee of conformity (Articles L.211-4 to L.211-14 of the French Consumer Code)
- the legal guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code) due to a design or manufacturing defect or fault that affects the delivered products and makes them unfit for use.
11.2 Commercial guarantee:
In addition to the above legal guarantees, the Consumer benefits from the following commercial guarante
- For competition pétanque boules: a contractually-binding guarantee against any defect in the Product during a period of three (3) years from the date of purchase (the date of order).
- For sport & leisure pétanque boules: a contractually-binding guarantee against any defect in the Product during a period of one (1) year from the date of purchase (the date of order)
- For accessories/clothing: a contractually-binding guarantee against any defect in the Product during a period of seven (7) calendar days from reception of the Product.
In order to be able to benefit from this guarantee, the consumer must keep the Product purchase invoice.
- all labels and protective films are still on the Product;
- the Product must be in perfect condition and properly re-folded in the original packaging;
- the plastic packaging must be placed around the Product.
11.3 Implementation of the legal and commercial guarantees:
The following items must be sent together with any Product returned by the Consumer:
- a copy of the proof of purchase;
- the Obut guarantee card;
- the product return form that was sent to you by the customer relations department, duly filled in (with your telephone No., e-mail address, and a more precise description of the claim, if necessary).
La Boule Obut may not be held liable for any damage that may occur to the Product during transportation for returning it.
La Boule Obut – SAV
5 Route du Cros
42380 St-Bonnet- le-Château
As part of the implementation of the commercial guarantee, the costs of returning the Products must be covered by the Consumer.
La Boule Obut undertakes to repair or exchange any Product that is acknowledged to be defective within thirty (30) working days from reception of the Product.
An item can only be taken back after La Boule Obut’s prior written approval.
11.4 Exclusions from guarantee:
11.4.1 Exclusions from the legal guarantee and the commercial guarantee: The following cases are not included in the guarantee:
- any alteration of the Product related to its incorrect use or abnormal use by the Consumer’s negligence, lack of maintenance or fault, or replacement related to normal use of the Product;
- absence of the copy of the proof of purchase and legible references;
- guarantee expired;
- incomplete product;
- detection of incorrect use of the Product, that is, the consequences due to an action by the user that is deliberate (modification of the Product’s technical and physical aspects) and ill-considered (abnormal use).
- detection of any operation carried out on a set of OBUT competition boules after purchase, such as engraving that is not carried out in our personalisation workshops. The guarantee does not include any alteration of the Product related to engraving carried out on a boule outside Obut’s factory. Only engraving carried out in Obut’s personalisation workshop in St. Bonnet le Château is covered by the guarantee related to the set of boules.
11.4.2 Specific exclusion from the commercial guarantee: The following cases are not included in the commercial guarantee
- absence of the After-Sales Service product return form that was sent by La Boule Obut’s Customer Relations Department;
- absence of the OBUT guarantee card;
- package sent by the Consumer with carriage to pay;
- Product damaged or lost because of transport while being returned by Consumer to Obut.
11.5 After-Sales Service / Hotline: a telephone After-Sales Service is available at +33(0)188.8.131.52.00 from 08:00 to 18:00 Monday to Thursday, and 8:00 to 17:00 on Friday.
ARTICLE 12 – PAYMENT
12.1 For every product on sale, the Consumer has different possible means of payment provided by the Ogone secure payment platform. The order is then automatically booked instantly after confirmation of the product shopping basket and the means of payment. Payment is immediate.
12.2 Notwithstanding the provisions of Article 12.1 above, the Consumer in Metropolitan France alone can pay by bank cheque. The order is only booked as of the day when the cheque is received by La Boule Obut Service VAD, 5 Route du Cros, 42380 St. Bonnet le Château, France.
12.3 The Consumer attests that he/she has the necessary permissions for making the payment that he/she has chosen.
12.4 In the case of payment by bank card, the payment order may be cancelled if the card is used fraudulently, in accordance with the agreement entered into between the Consumer and his bank.
12.5 All orders are payable exclusively in Euros.
- Orders are placed through a secure server, which is only accessible to La Boule Obut’s accredited staff.
- An e-mail message, which does not include the Consumer’s confidential information, is sent to him/her as soon as possible to confirm receipt of the order.
- The Consumer bank card No. is encrypted before being sent directly to the Ogone secure payment platform. The confidential information provided does not circulate in unencrypted form on the Internet and is not forwarded to Obut.
- The Consumer also receives a receipt for the transaction and is thereby reassured that La Boule Obut is indeed a client of the Ogone secure payment platform.
- The Ogone secure payment platform has put in place an SSL (Secure Sockets Layer) key on its server in order to ensure maximum security. The padlock shown beside the URL indicates that the communications between La Boule Obut’s Web browser and the Ogone secure payment platform are secure: no one can spy on them and no one can tamper with the communications.
ARTICLE 14 – INTELLECTUAL PROPERTY
14.1 All content (including text, comments, publications, illustrations and images) on the website is protected by French and international laws related to intellectual property.
14.2 In this respect, and in accordance with the provisions of the French Intellectual Property Code, the Website may only be used for private use, subject to different or more restrictive provisions of the French Intellectual Property Code.
14.3 Any other use constitutes an infringement and is penalized under laws related to intellectual property unless the express, written prior permission of La Boule Obut has been obtained from a duly accredited person.
Any total or partial reproduction of elements from La Boule Obut’s website or catalogue is strictly forbidden.
ARTICLE 15 – LIABILITY
15.1 The proposed Products comply with currently-applicable French legislation and standards applicable in France and in the European Union.
The photographs, texts, graphics, information and product characteristics illustrating the presented products are not contractually binding. Therefore La Boule Obut cannot be held liable for any difference in presentation or appearance between the photograph on the website and the delivered product.
15.2 La Boule Obut cannot be held liable for failure to deliver the ordered products in cases of force majeure, disturbance or total or partial strike, particularly of postal services and means of transport and/or communication, or flood, or fire.
15.3 La Boule Obut shall not incur any liability for any indirect damages, loss of business, loss of profit, loss of opportunity, damages or costs that may happen or occur as a result of the execution of the Consumer’s orders.
15.4 Hypertext links may be provided with other websites than the La Boule Obut website. La Boule Obut does not accept any liability if the content of these sites contravenes currently-applicable legal and regulatory provisions.
15.5 La Boule Obut may not be held liable for any of the following:
- Abnormal or non-compliant use of the Products, other than a simple leisure or sport set of boules.
- Handling of the Products by children who are left without supervision and/or who are not strong enough to handle the weight of the boules (from 600 to 800 gr each).
ARTICLE 16 – PROTECTION OF PRIVACY
La Boule Obut undertakes to not divulge to third parties any information that you give us. This information is confidential. It shall not be used by La Boule Obut’s in-house departments, except for processing your order and only to improve and personalize communication, and the cultural and product range on offer, reserved for La Boule Obut’s customers.
This processing has been the subject of a declaration to the CNIL (the French authority which controls the protection of personal information), No. 753066 dated 23 April 2001.
Therefore, in accordance with the French law on information systems and freedom of information dated 6 January 1978, in its consolidated version dated 27 August 2011, you will have the right to access, correct and oppose data concerning you. To do so, simply ask La Boule Obut:
- By e-mail sent to the customer file management contact
- By postal mail, giving your surname, first name, address and, if possible, your customer reference.
ARTICLE 17 – APPLICABLE LAW
These GTCS are subject to French legislation. The principal language of these GTCS is French.
If there is any dispute or questioning concerning these GTCS, the Consumer may have recourse to an agreed mediation procedure or any other alternative means for settling disputes. If a dispute occurs, the competent legal authority shall be determined in accordance with the rules of common law concerning consumption.
ARTICLE 18 PRE-CONTRACT INFORMATION & THE CONSUMER’S ACCEPTANCE
The Consumer acknowledges that, prior to placing the order, he/she has been informed, in a clear and understandable manner, of these GTCS and of all data and information specified in Article L.121-17 of the French Consumer Code, particularly the following:
- the product’s main characteristics;
- the product’s price and its means of calculation;
- the date or the time limit by which La Boule Obut undertakes to deliver the ordered product;
- information on the identity, postal addresses, telephone Nos. and e-mail addresses of La Boule Obut;
- the legal guarantees;
- the right of retraction.
GENERAL TERMS & CONDITIONS OF SALE
- Article L 211-4 of the French Consumer Code
“The seller must deliver goods in compliance with the agreement and is responsible for
non-conformities that exist on delivery.
It is also responsible for non-conformities that result from the packaging, instructions for assembly or installation when it is made responsible for this by the agreement or if this has been carried out under its responsibility.”
- Article L 211-5 of the French Consumer Code
“To comply with the agreement, the goods:
l° must be suitable for the use normally expected of similar goods, and, where applicable:
- must correspond to the description given by the seller and must have the qualities that the seller presented to the buyer in the form of a sample or model;
- must have the qualities that a buyer may legitimately expect, considering the public statements made by the seller, by the producer or by its representative, particularly in advertising or labelling;
2° or must have the characteristics defined jointly by agreement between the parties, or must be suitable for any special use sought by the buyer, of which the seller has been informed and which the seller has accepted or agreed to.”
- Article L 211-12 of the French Consumer Code
“Action resulting from non-conformity lapses two years after delivery of the goods.”
- Article 1641 of the French Civil Code
“The seller must provide a guarantee against hidden defects of the thing sold which make it unsuitable for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have purchased it, or would only have bought it for a lower price, if he/she had known of them.”
- Article 1642 of the French Civil Code
“The seller is not liable for visible defects that the buyer can see for himself/herself.”
- Article 1648 paragraph 1 of the French Civil Code
“Action for annulment of the sale resulting from redhibitory defects must be taken by the buyer within two years of discovering the defect.”