Terms and conditions of sale (website)

1. Definitions

In these terms and conditions of sale the terms between ** have the following meanings:

i.             *TCS* refers to the *Seller's* terms and conditions of sale;

ii.            *Seller* refers to the company LA BOULE OBUT;

iii.           *Purchaser* refers to the consumer or non-professional who places an order with the *Seller* via its *Site* or its *Applications*, with which it may enter into the *Contract* ;

iv.           *Site* refers to the *Seller's* online shop accessible on the internet at the address: https://www.obut.com,

v.             *Applications* refers to the *Seller's* online shop accessible on mobile applications downloadable onto iOS and Android mobile devices.

vi.           **Party(ies)* refers to the *Seller* and/or the *Purchaser*;

vii.          *Contract* refers to the contract documents listed in Article 3;

viii.         *Products(s)* means the goods and/or service(s) offered by the *Seller* on its *Site* or on its *Applications*;

ix.           *RLAR* means registered letter with acknowledgment of receipt.

 

2. Legal notices

The company responsible for the offer is:

LA BOULE OBUT, simplified joint stock company with capital of €6,735,925 registered with the Trade and Companies Register (RCS) of SAINT-ETIENNE under the no. 415 203 355

SIRET 415 203 355 00011 - APE code 3230 Z - VAT FR 00 415 203 355

5 route du Cros – 42380 Saint-Bonnet-le-Château – France

Tél. : +33 4 77 45 57 00

E-mail: relationclients@labouleobut.com or contact form available on the Site https://www.obut.com

 

Editorial director:

Romain Souvignet, Executive Director

 

Design, layout and development:

INSIGN DIGITAL

7 rue de la République 69001 Lyon France 

Tél.: +33825826533

 

Website hosted by:

COGECO PEER 1 FRANCE

Green Side Bât 2, 400 av. Roumanille  06410 BIOT 

Tél. : 0 805 210 280

 

3. Application and enforceability of the *GTS*

These provisions constitute the terms and conditions of sale of the *Products* offered by the *Seller* on its *Site* or its *Applications*.

 

These *TCS* apply, without restrictions or reservations, to all the *Contracts* entered into online by the *Seller* with *Purchasers* via its *Site* or it *Applications*.

 

The *TCS* therefore apply, to the exclusion of all other terms, and in particular those applicable to sales in shops or at sports events.

 

The fact that the *Purchaser*, before clicking on "Place my order" button, ticks the box "I declare that I have read and accept the terms and conditions of sale" means that the *Purchaser* acknowledges that these *TCS* form, with the order, the contract documents governing the rights and obligations of the parties.

 

The *Seller* therefore invites *Purchasers* to read the clauses of these *TCS* carefully.

 

 

4. Pre-contractual information

4.1. In accordance with Articles L.111-1 to L.111-8 of the Consumer Code, the *Purchaser* acknowledges that s/he has been informed in a clear and comprehensible way, prior to placing the order, of the *TCS* and of all the information required by Article L.221-5 of the Consumer Code, in particular:

• the essential characteristics of the *Product* ;

• the price of the *Product* or the method of calculating it;

• the date or timeframe in which the *Seller* undertakes to ship the *Product*;

• the information relating to the identity, the postal and electronic address and telephone number of the *Seller* ;

• the method of exercising the statutory warranties and, where applicable, the commercial warranty and the after sales service respectively referred to in Articles L.217-4 to L.217-17 of the Consumer Code and 1641 to 1648 of the Code civil ;

•  the existence of and application of the cooling-off period.

 

4.2. The *Seller*  provides the *Purchaser* with all this information on its *Site* or its *Applications* but also via the *TCS* which can be consulted and printed out from each page of the *Site* and on the *Applications*.

 

The *Seller* invites the *Purchaser* to read the essential characteristics of the products with care.

 

Generally, the essential characteristics concern

Approval for competition use                      

The quality of steel

Hardness

Finish

Sizes

Colours        

Diameter

Weight

Striations

Marking options

Cleaning

Materials

 

 

 

4.3.  Several photographs illustrate the *Product* on the *Site* and on the *Applications*. The ’*Purchaser* acknowledges that the photographs and graphics representing the *Product* featured on the website are not contractually binding and the *Seller* may not be held liable for any minor differences between the images and the actual *Products*. The latter may indeed differ from photographs due to the treatment of the latter.

 

Products are offered subject to availability. When a *Product* is temporarily out of stock, this will be indicated on the *Site* or the *Applications* as follows: "Out of stock. New stock arriving soon.".

 

 

5. Prices

5.1. The prices of the *Products* are those given on the *Site* and the *Applications*.

 

They are given in euros, exclusive of carriage and delivery, which will be billed on top of the price of the *Products*.

 

5.2. For by way of simple information, and without being binding on the *Seller*, prices may be displayed before placing the order, in US dollars, Japanese yen, in pounds Sterling, in Swiss francs, Canadian dollars or Swedish krona, as chosen by the *Purchaser*.

 

The exchange rate of the different currencies is automatically updated on a daily basis according to the rates offered to the *Seller* by its bank.

 

In the event of particular volatility in the exchange rates, the *Seller* reserves the right to suspend the tool providing such non-contractually binding information in the different currencies.

 

5.3. All orders, wherever they are made from, are payable only in euros (€).

 

5.4. For Metropolitan France and all the Member States of the European Union, prices are quoted inclusive of all taxes.

 

5.5.  For an order delivered to a country other than Metropolitan France and the Member States of the European Union, the *Purchaser* is informed that s/he is considered as the importer of the *Product(s)* concerned.

 

For all *Products* shipped outside of Metropolitan France and the Member States of the European Union, the prices are automatically calculated exclusive of tax, as of the order.

 

On top of the price, customs duties or other local taxes, or import duties or taxes may be demanded of the *Purchaser* by the authorities and/or State organisations of the country in question.

 

The *Seller* is not liable for such duties or charges. They are payable exclusively and finally by the *Purchaser*, and are entirely the latter's responsibility, both in terms of declarations and the payment to the relevant authorities and/or organisations in the country concerned. The *Seller* advises *Purchaser* to his/her local authorities concerning these points..

 

5.6. The *Seller* reserves the right to change its prices at any time, but the *Products* will be billed at the prices in force at the time of recording the order.

 

 

6. Placing an order

6.1.When browsing on the *Site* or our *Applications*, the *Purchaser* can consult the characteristics of the *Products*, their availability and their price.

 

For many of the *Products*, s/he can also select certain characteristics (in particular weight and diameter). S/he can also personalise certain products by choosing, among other things, an engraving, marking or colour.

 

6.2. The *Purchaser* can select the *Products* that s/he has chosen, in the quantities and with the personalised features that s/he has chosen, and place them in the basket as s/he goes along by clicking on the "add to basket" button.

 

The *Purchaser* can cancel or change the items in the basket at any time, view the exact details, characteristics, availability, and the total amount inclusive of VAT to be paid exclusive of shipping charges, by clicking on the "view basket" button or on the basket icon.

 

6.3. As well as being able to check and modify the detailed contents of the basket, and being informed of the means of payment accepted by the *Seller*, when s/he accesses his/her basket, the *Purchaser* can also choose from the list of countries where the *Seller* agrees to ship the *Products*, as well as his/her preferred method of delivery, the cost of which is shown clearly in the basket and will be added to its total.

 

6.4. Before placing the order by clicking on the "validate my basket, place my order" button, the *Purchaser* reads and accepts the *TCS* and then ticks the box "I declare that I have read and accept the terms and conditions of sale".

 

If the ’*Purchaser* does not accept the *TCS* s/he will not be able to place an order.

 

6.5. To order:

 

• the *Purchaser* must click on the "validate my basket, place my order",

• the *Purchaser* must enter the information necessary to the delivery, unless s/he has created an account, in which case the delivery information is pre-entered, although it can still be modified by the *Purchaser*,

• after checking his/her delivery information and the details of the basket already validated, the *Purchaser* must then click on "order and pay" button.

 

6.6. At this stage the contract between the *Parties* is formed subject to the condition of the *Seller* receiving the payment from the *Purchaser*.

 

If this condition is not met, namely if the *Seller* does not receive the amount corresponding to the order, the latter will automatically become lapse and be considered never to have existed, each *Party* then being released from its obligations toward the other.

 

 

7. Payment of the amount of the order

7.1. The amount of the order is payable cash and in full immediately on placing the order.

 

7.2. As soon as the *Purchaser* clicks on the "order and pay" button, s/he must choose between one of the following methods of payment:

• the following types of bank card: "Carte bleue", Visa and Mastercard,

•  PayPal,

• a valid gift card already sold by the *Seller*.

 

7.3. Depending on the method of payment chosen, the *Purchaser* is required to complete certain information before confirming the payment.

 

7.4. When the *Purchaser* chooses to pay by bank card or PayPal, s/he is informed that s/he is being connected directly to our specialised online payments provider, currently BRAINTREE, a subsidiary of the PayPal group (a  partnership limited by shares registered in Luxembourg under the number B 118 349 with registered office at 22-24 boulevard Royal L- 2449 Luxembourg).

 

The payment information provided by the *Purchaser* (e.g. a credit card number) is transmitted directly to our online payment provider.

 

This online payment provider has been chosen by the *Seller* for its very high level of security in the protection of online transactions since this company asserts that it meets the level I PCI standard, that is to say the highest standard of protection for online payments.

 

This is why connections to this online payment provider are secured by the HTTPS protocol, which is indicated by a padlock that appears in your browser search bar.

 

The HTTPS protocol encrypts information while the *Purchaser* is connected.

 

As a further security measure applied by this provider, card payments online are validated by entering a single-use security code (3D SECURE), which is sent to the *Purchaser's* bank by text message on their mobile phone (when this option has been validated by the bank).

 

7.5. The *Seller* does not have your payment information when you pay by card or PayPal.

 

The *Seller* is only informed by its online payment provider that the payment has been made by the *Purchaser* and accepted by the latter's bank.

 

7.6.  After choosing his/her method of payment and completing the necessary information, the *Purchaser* must confirm the payment by clicking on the "pay now" button.

 

If the "Purchaser" does not confirm his/her payment, so that the *Seller* does not receive the amount corresponding to the order, the latter will automatically become lapse and be considered never to have existed, each *Party* then being released from its obligations toward the other.

 

 

8. Order confirmation

As soon as the *Seller* receives the payment, and at the latest within 72 hours of the order, the *Seller* will send the *Purchaser* an e-mail confirmation his/her order.

 

This e-mail will have an attached file containing the *TCS*, which include as an annex the standard withdrawal form. The e-mail will contain the information required by Article L.221-13 of Consumer Code, in particular:

 

• the essential characteristics of the *Products*,

• the price of the *Products*,

• the date or timeframe in which the *Seller* undertakes to ship the *Products*;

• the information relating to the identity, the postal and electronic address and telephone number of the *Seller* ;

•  the information on the statutory warranties and the conditions of implementing the warranties and other contract terms,

• when the cooling-off period applies, the conditions, timeframe and method of exercising this right,

•  the fact that the *Purchaser* will bear the cost of sending back the *Products* if s/he changes his/her mind, it being specified that this cost will vary according to the weight of the *Products* and the shipping address of said *Products*,

•  the information on the costs of using remote communications, warranties, methods of cancellation, methods of settling disputes and other contractual conditions.

 

 

 

9. Means of communication and proof

9.1.  The *Purchaser* accepts that information may be exchanged between the *Parties*, at any stage, including prior to the formation of the contract, electronically and, among other things, by e-mail.

 

9.2. The *Purchaser* is informed that is s/he has provided his/her telephone number to the *Seller*, s/he has a right to sign up to the "no cold calling" list: www.bloctel.gouv.fr.

 

9.3. The *Purchaser* agrees that the computer recordings of the *Seller* or its IT providers may serve as literal proof between the *Parties*, in particular of their communications, orders, commitments, payments.

 

9.4. The e-mail confirming the order to the *Purchaser* archived by the *Seller* for 10 years after the delivery of the *Products*, and is considered as proof of the contract entered into by the *Parties* as well as of the date when the order was placed.

 

 

10. Delivery conditions and deadlines

10.1. When the order is placed, the *Purchaser* is offered two types of delivery:

• deliveries by La Poste (the French post office) within a standard time, either:

- signed-for home delivery with the "Colissimo Domicile avec signature" service,

- signed-for delivery to a pick-up point with the "Colissimo Point retrait" service,

• for more urgent deliveries, the Chronopost express service, for which two services are available:

- in Metropolitan France, Saturdays included the "Chrono 13" service,

- outside Metropolitan France, the "Chrono International" service

 

10.2. The cost of these different methods of delivery, which is in addition to the price of the *Products*, is given on the *Site* and the *Applications* before validation of the basket.

 

10.3. The *Products* presented for sale can only be delivered in the countries listed on the *Site* and the *Applications* before validation of the basket.

 

10.4. The *Seller* undertakes to ship the *Products* ordered by the *Purchaser* within the timeframes given on its *Site* or its *Applications*, which may vary according to stock levels and the amount of personalisation requested by the customer and any periods when the *Seller* is closed.

 

In the event of an order for several *Products* with different shipping times, it is the longest time that will be applied to the entire order and given in the order confirmation.

 

10.5. The *Purchaser* is informed by e-mail that his/her order has been shipped, when it is loaded into the carrier's lorry. This e-mail will contain the carrier's parcel number with a link to the carrier's website. The *Purchaser* can track the progress of his order at any time using this link.

 

This e-mail will also contain the bill, which the *Purchaser* can also find on the *Site* in his/her account is s/he has set one up.

 

10.6. If the *Purchaser* is absent when the delivery is made to his/her address, the carrier will leave an attempted delivery card in the letter box.

 

For a delivery to a pick-up point, the *Purchaser* will be informed when the *Products* have arrived by e-mail or text message sent by the carrier.

 

10.7. Depending on the number of *Products* ordered, the order may be packed in one or more parcels. The *Purchaser* is informed that when there is more than one parcel, even if they are shipped on the same day, they may not be delivered on the same day, depending on the hazards of transport.

 

A summary of the *Products* delivered is enclosed in each parcel.

 

10.8.  If the *Purchaser* has not received the full order within fifteen (15) calendar days of the shipping date, s/he should inform the *Seller*.

 

10.9. If goods are lost of stolen during transport, the order will be replaced free of charge by the *Seller*.

 

10.10. In accordance with Articles L.216-2 to L.216-4 of the Consumer Code, if the *Seller* fails to meet the delivery time, except in the case of force majeure, the *Purchaser* will have the choice between:

 

10.10.1.  Either, if the delivery time is an essential condition of the contract for him/her, immediately cancelling the contract, informing the *Seller* of his/her decision by registered letter with acknowledgment of receipt or in writing on another durable medium. This essential condition results from the circumstances around the conclusion of the contract or an express request on the par of the *Purchaser* before entering into the contract..

10.10.2. Or issuing the *Seller* with a formal demand, by registered letter with acknowledgment of receipt or in writing on another durable medium, to deliver the order within a reasonable supplementary time. In the event of non-delivery within that time or a refusal to deliver, the *Purchaser* will then be able to cancel the contract in the same way. The contract is considered as cancelled on receipt by the *Seller* of the letter or written document informing it of the cancellation, unless the *Seller* has fulfilled its obligations in the meantime.

 

10.11. When the contract is cancelled under the aforementioned conditions, the *Seller* will refund the full amount paid to the *Purchaser*, at the latest within fourteen (14) days of the date when the contract was cancelled.

 

10.12. When the failure to deliver is due to a case of force majeure affecting the *Seller*, the delivery time is suspended (cf. Article 17.7).

 

 

 

 

 

11. Retention of title

The *Seller* will retain ownership of the *Products* sold until effective payment is made of the entire price, including the principal, expenses and any incidental costs. Notwithstanding this retention of title clause, the risks relating to the *Products* sold are transferred to the *Purchaser* at the time of delivery.

 

 

12. Transfer of risks, transport risks

12.1. The costs and risks related to the delivery of the products are borne exclusively by the *Seller*.

 

12.2. As of delivery, i.e. taking possession by the *Purchaser* or the third party named by the latter, the risks of loss or damage to the *Products* are transferred to him/her.

 

12.3.  *Purchaser*, in the event of a delay, damage or loss during transport must make his/her reservations known to the carrier at the time of unloading at the delivery address, and confirm them by registered letter with acknowledgment of receipt or by extrajudicial process within three (3) days at most, not including public holidays, and sending a copy by registered letter to the *Seller*.

 

This time is extended from 3 to 10 days, not including public holidays, if the *Buyer* personally took delivery of the *Products* transported and the driver cannot prove that h/she was given the chance to effectively check that they were in good condition.

 

 

13. Cooling-off period and conditions

13.1.  Withdrawal option

 

The *Purchaser* may withdraw his/her offer, that is to say cancel it under the conditions set out in Article 13.3, for standard *Products* only.

A standard *Product* is a *Product* for which the *Purchaser* has not requested any personalisation (including engraving and marking) or custom manufacturing, i.e. outside the normal range.

In the case of an order including standard *Products* and non-standard *Products*, the right of withdrawal applies only to the standard *Products*.

 

13.2. No possibility of withdrawal

 

In accordance with Article L 221-28 of the Consumer Code, the *Purchaser* may not withdraw his/her order, i.e. cancel it under the conditions set out in Article 13.3, for personalised or custom-made *Products*, i.e. those outside the standard range, and in this case the *Purchaser* is therefore finally bound the the conditions of his/her order.

 

A personalised or custom-made *Product* is a *Product* for which the *Purchaser* has requested on the *Site* or the *Applications* a personalisation (engraving, marking, etc.) after clicking on the "personalise" button or custom manufacturing, i.e. out of the normal range (weight, diameter, special striations, stars, logo, etc.).

 

These personalised or custom-made  *Products* are accompanied on the *Seller's* *Site* or the *Applications* by the indication: "number of weeks for non-standard or custom manufacture, no possibility of withdrawal"

 

In the case of an order including personalised or custom-made *Products* and standard *Products*, the right of withdrawal applies only to the standard *Products*.

 

 

13.3. Conditions of withdrawal when it is possible (Standard *Products*, Article 13.1)

 

13.3.1. In accordance with the provisions of Articles L.221-18 to L.221-29 of the Consumer Code, the *Purchaser* has fourteen (14) days from the receipt by him/her or the third party named by him/her of the *Product* ordered, to exercise his/her right of withdrawal with the "Seller*, without having to give a reason.

The day when the contract is entered into or the day of receiving the *Product* ordered is not counted in the fourteen (14) days. The period runs from the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the period. If this deadline expires on a Saturday, Sunday or bank holiday or non-working day, it is extended until the next working day.

In the case of an order for several *Products* delivered separately or in the event of an order for a product consisting of batches or multiple parts whose delivery is spread over a given period, the cooling-off period runs from the receipt of the last product, batch or part.

 

13.3.2. The right of withdrawal can be exercised using the withdrawal form enclosed as Annex 1 and also available on our*Site* https://www.obut.com, and which is also attached to the order confirmation e-mail sent by the *Seller* (Article 8), or by any unambiguous declaration by the *Purchaser* expressing his/her decision to withdraw.

 

13.3.3. If the *Purchaser* changes his/her mind, s/he has  choice between exchanging or receiving a refund for the *Product*. However, an exchange will only be possible if the replacement *Product* is available from the *Seller's* stock.

 

13.3.4. The *Purchaser* has a period of fourteen (14) days after informing the *Seller* of his/her change of mind to return the *Product*(s) to the *Seller*. After that, the *Seller* will no longer be obliged to accept the *Purchaser's* withdrawal.

 

13.3.5. Only *Products* that are returned complete (accessories included), in perfect condition (appearance, cleanliness and functioning) and in their packaging accompanied by a copy of the purchase invoice can be the subject of a refund or exchange.

 

13.3.6. Unless agreed otherwise by the parties, the cost of returning the *Product* will be borne by the *Purchaser*, whatever the means of transport chosen for the return.

The *Product* will also be returned at the *Purchaser's* risk, and the latter will bear the of any loss or damage due to transport, without the possibility of making any claim against the *Seller* in this respect. The *Seller* therefore advises the *Purchaser* to take out specific and appropriate transport insurance.

 

13.3.7. As soon as the *Seller* receives the *Purchaser's* decision to withdraw, and subject to the conditions of the articles above being met, the *Seller* undertakes:

•  to refund price of the order to the *Purchaser* within fourteen (14) days, when the latter has opted for a refund. It is specified that the *Seller* will not refund the extra costs, if the *Purchaser* expressly chose a method of delivery that is more expensive than the standard method of delivery offered by the *Seller*.

• or to ship the replacement *Product* requested by the *Purchaser* within the same timeframe, if the latter has opted for an exchange.

It is also specified that this refund or exchange will be deferred until the *Product* returned is received by the *Seller* or until the *Purchaser* has provided proof of the shipping of the *Products*, the date applied being that of the first of these two events.

 

 

14. Statutory warranties

14.1. Reminder of the law

 

• Article L 217-4 of the Consumer Code

The seller shall deliver goods in compliance with the contract and be liable for any defects existing at the time of delivery.
 The seller shall also be liable for any defects resulting from the packaging, assembly instructions or installation if the seller was responsible for installation under the contract or installation was carried out under the seller's responsibility.

•  Article L 217-5 of the Consumer Code:

The goods comply with the contract:

1° If they are suitable for the use normally expected of similar items and, where applicable:

- if they correspond to the description given by the seller and have the qualities that the latter presented to the purchaser in the form of a sample or model;

- if they have the qualities that a purchaser can legitimately expect in view of the public declarations made by the seller, the manufacturer or its representative, in particular in the advertising or labelling; 2° Or if they have the characteristics decided by mutual agreement by the parties or are suitable for any specific use required by the purchaser, brought to the attention of the seller and accepted by the latter.

• Article L 217-7 of the Consumer Code:

"Any lack of conformity which becomes apparent within a period of twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

For second-hand goods, this period is six months.

The seller may dispute this presumption if it is not consistent with the nature of the goods or the alleged lack of conformity. "

• Article L 217-8 of the Consumer Code:

"The purchaser is entitled to demand that the goods comply with the contract.  However, the purchaser may not challenge the compliance of the goods by invoking a defect s/he was aware of or could not have been unaware at the time of entering into the contract.  The same applies when the defect originates in materials supplied by the purchaser. "

• Article L 217-12 of the Consumer Code:

"Action resulting from a lack of conformity is time-barred two years after delivery of the goods’. "

• Article 1641 of the Civil Code:

A seller is bound to a guarantee on account of the latent defects of the goods sold which render them unfit for their intended use, or which so impair that use that the purchaser would not have bought them, or would have paid a lower price for them, had s/he been aware of the defects.

• Article 1642 of the [French] Civil Code

"A seller is not liable for visible defects which the purchaser ought to have ascertained before purchase'. 

•  Article 1648 of the Civil Code:

"A seller is not liable for visible defects which the purchaser ought to have ascertained before purchase'.  

 

14.2. Nature of the statutory warranties

 

14.2.1. In accordance with Articles L.217-4 to L.217-14 of the Consumer Code, the *Purchaser* benefits from a warranty of conformity on the part of the *Seller*. Concerning the application of that warranty, it should be recalled that:

-  the *Purchaser* has a period of 2 years from the delivery of the goods to take action;

-   the *Purchaser* may choose between repair and replacement of the goods, subject to the conditions relating to cost provided for by Article L.217-9 of the Consumer Code, and except for cases where the defect is a minor one. It is specified that if production or sale of the *Product* has been discontinued, only repair, or if this is impossible, the refunding of the price of the *Product* may be requested.

- the *Purchaser* does not have to provide proof that defect in the *Product* existed at the time of sale, but only during the 24 months following the delivery of the *Product*, or during the 6 months following delivery for second-hand *Products*.

 

14.2.2. In accordance with Articles 1641 et seq of the Civil Code, the *Purchaser* also benefits from a warranty against latent defects in the goods sold. In this eventuality, the *Purchaser* may, up to two years after discovering the defect, choose between the cancellation of the sale and a reduction in the price in accordance with Article 1644 of the Civil Code.

 

14.2.3. The statutory warranties provided for in Articles 14.2.1 and 14.2.2 above apply regardless of any commercial guarantee given by the *Seller* as provided for in Article 15 below.

 

14.3. Warranty exclusion

 

14.3.1. The following are excluded from both statutory warranties and those given by the *Seller*: any defect in or damage to the *Product* due to a fortuitous event, a case of force majeure, incorrect installation, normal wear and tear, deliberate or accidental damage, negligence, a failure of surveillance, maintenance of storage, misuse or incorrect use of the *Product*, any operation to modify *Products* after sale and not carried out by the *Seller* when such a modification is the cause of the alleged defect.

14.3.2. Any defect of which the *Purchaser* was aware or could be unaware at the time of entering into the contract is also excluded from the statutory conformity warranty. The same applies when the defect is caused by materials that s/he has provided him/herself or by modifications that s/he has made or had made to the *Product* by anyone other than the *Seller* when this modification is the cause of the alleged defect.

14.3.3. Any defect visible at the time of the sale is also excluded from the latent defects warranty.

 

 

15. Commercial warranty

15.1. Unless otherwise stipulated in writing in the *TCS*, the order or any documents presenting the *Products* it manufactures, the *Seller* does not grant any contractual warranties over the *Products* it sells.

For the *Products* that the *Seller* does not manufacture, if a contractual warranty is given by the manufacturer, the *Seller* undertakes, concerning that warranty, to pass on to the manufacturer any requests by the *Purchaser* to call the warranty.

The manufacturer's contractual warranty may be conditional upon the *Purchaser* producing photographs of the *Product*, its packaging or labelling.

The *Seller* therefore advises the *Purchaser*:

• to keep the *Products*, packaging and labelling intact and in good condition;

• to be ready to provide the manufacturer with  photographs of the *Product*, its packaging or labelling.

 

15.2. For Leisure petanque boules: contractual warranty against any defect in the *Product* for a period of one (1) year after the purchase date (date of the order).

 

15.2.1. For competition petanque boules: contractual warranty against any defect in the *Product* for a period of three (3) years after the purchase date (date of the order).

15.2.2. For Leisure petanque boules: contractual warranty against any defect in the *Product* for a period of one (1) year after the purchase date (date of the order).

It is specified that this warranty does not apply to the wooden boules in the "Ma Boule" range.

15.2.3. For accessories/clothing: contractual warranty against any defect in the *Product* for a period of seven (7) calendar days after the receipt of the *Product*.

Furthermore, for clothing, the contractual warranty will only apply if the following conditions are met:

- the *Product* has not been worn (simply tried on);

- all the labels and protective films are still present on the *Product*;

- the *Product* must be in perfect condition;

- the plastic wrapping must still be on the *Product*.

 

15.3. To benefit from this commercial warranty, the *Purchaser* must comply with the provisions of Article 16.

 

15.4. Unless otherwise stipulated in writing in the order or any documents presenting the *Products* manufactured by the *Seller, the *Purchaser* will be entitled, under the commercial warranty, at the *Seller's* choice, either to a refund of the purchase price or the replacement or repair of the *Product*.

 

It is specified that the cost of returning the defective *Product* will be borne by the *Purchaser*.

 

15.5. The *Seller's* commercial warranty will not apply:

 

15.5.1. in the cases mentioned in Article 14.3 above,

15.5.2. if the *Purchaser* does not send a claim that meets the requirements of Article 16.1 below,

15.5.3. if the *Purchaser* does not return the complete *Product* at the *Seller's* request in accordance with Article 16.4 below,

15.5.4. if the *Product* has been damaged or lost due to or during the return transport from the *Purchaser* to the *Seller*,

15.5.5. if the *Purchaser* has had the *Product* modified by someone other than the *Seller*.

 

 

16. Implementation of the statutory and commercial warranties:

16.1. Any claim made to the *Seller*, whether it concerns *Products* under statutory or commercial warranty, must be made in writing to the address relationclients@labouleobut.com and be accompanied by the following items:

• copy of the purchase invoice for the *Product* deemed defective

• description of the defect

• photograph of the defect

• proof of the commercial warranty  (e.g. OBUT warranty card).

 

Otherwise the claim cannot be accepted.

 

For any information concerning a claim, the *Purchaser* may contact the Customer Relations department by telephone on  + 33 4 77 45 57 00 (standard landline rate) from Monday to Thursday from 08:30 to 12:30 and from 13:30 to 17:30 and on Fridays from 8:30 to 12:30 and 13:30 to 16:30.

 

16.2. The claim must be made as soon as the alleged malfunction, defect or nonconformity occurs. Any use of the *Product* in spite of the existence of an alleged malfunction, defect or nonconformity and therefore any damage caused to and/or by the *Product* due to its continued use, will be the sole responsibility of the *Purchaser*.

 

16.3. The *Purchaser* should not return the *Product* or part of it concerned by the claim to the *Seller*, except with the prior written agreement of the *Seller's* Customer Relations department. Instead s/he must keep the *Product* or part in the best possible condition, and give the *Seller* the opportunity to come to his home and see the problem behind the claim and recover the item if necessary.

 

16.4. If the *Seller* requests it in writing, the *Purchaser* must return the *Product* or part concerned by his/her claim within fifteen (15) days, to this address:

La Boule Obut – SAV

5 Route du Cros

42 380 St-Bonnet –le-Château

 

The *Product* liable to be defective must be returned by the *Purchaser* in a cardboard box similar to its original box and suitable for its transport, preferably using the post office's tracked "Colissimo"parcel service with signed-for delivery at the address above. The *Purchaser* must keep the receipt given by the post office with the parcel number in case of loss or theft.

 

The *Seller* will not be held liable for any damage caused to the *Product* during its return transport.

 

16.5. On receipt of the *Purchaser's* claim and possibly the return of the *Product*, the *Seller* will check that the claim is justified, is made during the warranty period and is not concerned by one of the cases of exclusion listed in Article 15.5.

 

16.6. If the *Seller* finds that the conditions for applying its warranty are not met (*Product* with no warranty, warranty period expired, problem falling within one of the cases of exclusion), it will inform the *Purchaser* in writing.

 

16.7. If, however, the *Seller* finds that the conditions for applying its warranty are met:

 

• it will inform the *Purchaser* of its decision on the type of intervention it agrees to carry out (repair, replacement, refund) under the contractual warranty,

• it will ask the *Purchaser* what type of intervention s/he prefers (repair or replacement of the goods, subject to the conditions relating to cost provided for by Article L.217-9 of the Consumer Code, and except for cases where the defect is a minor one)  under the contractual warranty.

 

16.8.  The *Seller* undertakes to repair or exchange a *Product* recognised as defective within (30) working days of the claim..

 

 

17. Liability

17.1. Only the information contained in order confirmations and the *Product* data sheets that can be consulted on the *Site* and the *Applications* determine the content and limits of the*Seller's* liability.

 

17.2.  If there is a discrepancy between this contractual information and the *Product* delivered, the *Purchaser* may only make a claim if it constitutes a nonconformity  within the meaning of Articles L 217-4 and L 217-5 of the Consumer Code or a latent defect within the meaning of Article 1641 of the Code civil (Article 14 above).

 

17.3. The *Seller* will not be liable in the cases mentioned in Article 14.3.

 

17.4. The sale made with the *Purchaser* does not deprive the *Seller* of its right to take action for liability against its own supplier.

 

17.5. If the *Purchaser* claims that the *Seller* is liable, it will refrain from taking or asking any third party to take any action to deal with any defects without the *Seller's* permission.

 

17.6. The *Parties* may not be held liable if the non-performance of late performance of any of their obligations as described herein is the result of a case of force majeure, within the meaning of Article 1218 of the Civil Code or case law.

 

 

18. Intellectual property

18.1. All the content (in particular text, comments, works, illustrations and images)  of the *Site* is the property of the *Seller* and remains protected by French and international intellectual property laws.

In this respect, in accordance with the provisions of the French Intellectual Property Code, only private use by the *Purchaser* is allowed, subject to any more restrictive provisions of the Intellectual Property Code.

 

18.2. Any other use is liable to constitute an intellectual property infringement, except with the express, prior, written authorisation of a person duly empowered to give it by the *Seller*.

 

18.3. Any reproduction, in full or in part, of elements from the *Site* or from the *Seller's* catalogue is strictly prohibited.

 

18.4. As the sale price paid by the *Purchaser* in no way leads to  the assignment of any intellectual or industrial property rights or know-how belonging to the *Seller*, the *Purchaser* has only a right to use or sell the *Products* supplied for private use, but not to reproduce them.

 

 

19. *Purchaser's* personal data

19.1.The *Seller* processes personal data provided to it by the *Purchaser* or which it collects on the occasion of its relations with the *Purchaser*.

 

The nature of these data, the processing carried out, the legal basis for it, the aims pursued, the retention time, the measures taken to guarantee the security and confidentiality of these data, are set out in the *Seller's* confidentiality policy, which can be found on its *Site* and its *Applications*, but also by clicking on this link: confidentiality policy.

 

19.2.  In brief:

19.2.1. The *Seller* mainly processes these personal data concerning the *Purchaser*: surname, first name, address, e-mail, telephone no., connection IP.

19.2.2. the lawful bases for the processing of personal data are:

• the legitimate interests of the *Seller*;

• the performance of pre-contractual measures or the contract

• compliance with legal and regulatory obligations

19.2.3. the *Seller* only keeps data for the length of time necessary for the operations for which it has been provided or collected and in accordance with currently applicable regulations.

19.2.4. the data processed are intended for the use of staff authorised by *Seller*, and for its service providers (e.g. accountant, forwarding agent, online payment provider). In this case, our Company checks with its providers that they guarantee the protection, confidentiality and security of personal data in accordance with current regulations.

19.2.5. the *Seller* is, furthermore, obliged to provide some of the personal data processed to third party organisations (tax authorities, customs) in order to comply with its legal obligations, which organisations have a duty under the currently applicable regulations to guarantee the protection, confidentiality and security of these data.

19.2.6. *Purchasers* who are physical persons concerned by our processing a right of access, rectification, erasure, restriction of use and portability over the personal data concerning them, the conditions of which are determined by the regulations.

19.2.7. Physical person *Purchasers* concerned also have a right to object at any time on grounds relating to heir particular, to the processing of their personal data on the legal basis of the legitimate interests of the *Seller*, as well as an unconditional right to object to direct marketing.

19.2.8. *Purchasers* also have a right to give instructions on the way they wish the rights mentioned above to to exercised after their death.

19.2.9. In order to exercise these rights, *Purchasers* concerned  must send the Data Controller, the company LA BOULE OBUT, an e-mail at the following address relationclients@labouleobut.com,  or use the contact form on the website www.labouleobut.com. Any request must be accompanied by your identity document.

19.2.10. To exercise the right to object to direct marketing the persons concerned must also click on the URL unsubscribe link included in all e-mails received from the *Seller*.

19.2.11. As far as the third parties to which the *Seller* has a duty to transmit personal data to meet legal obligations are concerned, the persons concerned must contact them directly to exercise their rights.

19.2.12. Without prejudice to any legal recourse, physical persons concerned by the *Seller's* processing have a right of complaint to the CNIL (French data protection agency).

 

 

20. Applicable law - Jurisdiction

20.1.  All disputes between the *Seller* and the *Purchaser* will be subject to French law, except if the provisions of any imperative regulations lead to the application of another governing law.

 

20.2. The language of the *CTS* is French. If translated into one or more other languages, only the French wording shall be considered authentic in the event of any dispute.

 

20.3. The *Purchaser* is informed that s/he may make any complaints, with a view to finding an amicable solution,  to the *Seller's* Customer Relations department on  +33 4 77 45 57 00 (standard landline rate) or by e-mail or by using the contact forms on the *Site* or the *Applications* or by post to the following address: LA BOULE OBUT – Service Relation Client– 5 route du Cros – 42380 Saint-Bonnet-le-Château- France.

 

20.4. If the complaint to this department fails to produce a satisfactory result or if the latter fails to respond within two (2) months, the *Purchaser* may submit the dispute with the *Seller* concerning a purchase to contractual mediation with the following mediator: FEVAD (the e-commerce and mail order federation), 60 rue de la Boétie 75008 PARIS telephone: 01 42 56 38 86, mediateurduecommerce@fevad.com, which will attempt, independently and impartially, to to bring the parties together with a view to reaching an amicable solution.

 

20.5. All disputes to which the purchase and sale transactions subject to the application of the *TCS* may give rise, concerning their validity, interpretation, performance, termination, consequences and repercussions, and which have not been amicably resolved between the *Seller* and the *Purchaser*, will be subject to the jurisdiction of the competent courts under the conditions of ordinary law.

For the definition of the competent court, the *Seller* takes as its address for service: 5 route du Cros – 42380 Saint-Bonnet-le-Château- France.

 

Last updated: 31 March 2019 (publication date)

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