GENERAL TERMS AND CONDITIONS OF SALE TO INDIVIDUALS

 

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers" or "Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the website ayaq.com. The Products offered for sale on the website are the following:

• Sportswear

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the ayaq.com website, which the customer is obliged to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These GTC are available at any time on the website ayaq.com and shall prevail over any other document.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box before placing an order on the website ayaq.com.

In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:
AYAQ, Société par Actions Simplifiée
Registered at the RCS of Besançon, under the number 902 891 365
2 Rue de la Côte 25160 Les Grangettes, France
Intra-community VAT number: FR32902891365

AYAQ is a member of the eco-organization Refashion (number FR300606_11RSXN).

The Products presented on the ayaq.com website are offered for sale in the following territories:
Switzerland, France, Luxembourg, Belgium, Germany, Austria, Luxembourg, Netherlands, Italy, Spain, Portugal, United Kingdom, Austria, Denmark, Finland, Ireland, Poland, Portugal, Sweden, Bulgaria, Croatia, Czech Republic, Greece, Hungary, Latvia, Lithuania, Estonia, Romania, Slovakia, Slovenia, Cyprus, Malta.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

 

ARTICLE 2 - Prices

The Products are supplied at the current prices listed on the website ayaq.comwebsite at the time the order is placed by the Seller.

Prices are expressed in Euros, exclusive of tax and VAT.

The prices take into account any discounts granted by the Seller on the website ayaq.com.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.

The prices include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - Orders

It is up to the Customer to select on the site ayaq.com the Products he/she wishes to order, according to the following procedure:

The Customer chooses a product that he puts in his basket, a product that he can delete or modify before validating his order and accepting the present general conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the customer according to the terms and conditions.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the site ayaq.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer will be able to follow the progress of his order on the site, thanks to a tracking link sent by email to the customer.

 

ARTICLE 4 - Terms of payment

The price is paid by secure payment, as follows:

• payment by credit card

The price is payable in cash by the Customer, in full, on the day the order is placed.

The payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in the banking transactions carried out on the ayaq.com website.

Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

 

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered to the following areas:

Switzerland, France, Luxembourg, Belgium, Germany, Austria, Luxembourg, Netherlands, Italy, Spain, Portugal, United Kingdom, Austria, Denmark, Finland, Ireland, Poland, Portugal, Sweden, Bulgaria, Croatia, Czech Republic, Greece, Hungary, Latvia, Lithuania, Estonia, Romania, Slovakia, Slovenia, Cyprus, Malta

Deliveries are made within 3 to 5 days for Metropolitan France and Switzerland, 4 to 8 days for other European countries to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within 15 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale could be cancelled at the written request of the Customer under the conditions envisaged in articles L 216-2, L 216-3 and L241-4 of the Code of consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs associated with this shall be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. He has a period of 30 days from the date of delivery to make any claims by Form at ayaq.com/contact accompanied by all relevant documents (including photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the defects of conformity or the apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

 

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

 

ARTICLE 7 - Right of withdrawal

According to Article L221-18 of the Consumer Code "The consumer shall have a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvass or off-premises, without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph shall run from the day :

1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;

2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal as from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or pieces, the delivery of which is staggered over a defined period, the period shall run from the receipt of the last good or lot or piece.

In the case of contracts providing for regular delivery of goods over a defined period of time, the period shall run from the time of receipt of the first good. "

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be taken back.

The costs of returning the goods shall be borne by the Seller.

The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - Seller's liability - Warranties

The Products supplied by the Seller benefit from :

• the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,

• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

"The property is in conformity with the contract:

1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity shall be barred after two years from the delivery of the goods.

Article 1641 of the Civil Code.

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service.

In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.

The Seller will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective.

The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts.

Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Seller shall not be liable in the following cases:

• non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check,
• in case of misuse, professional use, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

Provisions relating to the contractual guarantee

Products purchased on the ayaq.com website may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated in the description of a given Product, according to the following terms, conditions and rates:

The AYAQ warranty covers manufacturing and material defects for second and third layer technical garments for a maximum of 3 years from the date of purchase.
The warranty must be activated by the customer by registering the product on the dedicated space: https://www.ayaq.com/pages/warranty

This contractual warranty covers the following situations:

The warranty applies in the event of manufacturing defect(s), or defective materials or accessories.

This guarantee is excluded in the following situations:

The warranty does not cover wear and tear caused by normal use. The warranty does not cover damage caused by accident, poor maintenance, neglect, normal wear and tear or the natural deterioration of colours and materials after prolonged use.

It is applicable under the following conditions:

The warranty period begins on the date of purchase of the AYAQ product. This date of purchase being taken as proof, the customer must register his product online on the registration page: https://www.ayaq.com/pages/warranty
To register a product, the customer must enter the code received with the product (this is an 8- or 9-letter code shown on the white sticker on the product's paper label).

All warranty service requests must be made to AYAQ Customer Service, by e-mail to [email protected] or via the online form: https://www.ayaq.com/pages/contact

The product to be returned under warranty is then sent by the customer to be handled by Customer Service and the Repairs Department. In the event that the product cannot be repaired, the customer will be given an exchange voucher for the full amount of the original price.

 

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the ayaq.com website are the following:

Ordering Products :

When ordering Products by the Customer: name, first name, postal address telephone number and email address.

Payment

When paying for the Products offered on the ayaq.com website, the website records financial data relating to the Customer's bank account or credit card.

 

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is/are :

• Transport providers

• Payment institution providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Client and User Rights

In accordance with the regulations applicable to personal data, Customers and users of the ayaq.com website have the following rights:

• They can update or delete their data by making a request via the form at ayaq.com/contact.

• They can delete their account by writing to the e-mail address indicated in article 9.3 "Controller".

• They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 9.3 "Data controller".

• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".

• They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".

• They may also request the portability of data held by the Seller to another provider

• Finally, they may object to the processing of their data by the Seller

These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.

The controller must provide a response within a maximum of one month.

If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual Property

The content of the ayaq.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

 

ARTICLE 11 - Applicable law - Language

These GTCs and the transactions arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

 

ARTICLE 12 - Disputes

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC.

In the event of a dispute arising from this Agreement, the Parties undertake to conduct a mediation procedure with a professional mediator.
The purpose of this mediation procedure is to find an amicable agreement in the interest of each Party each Party and which takes into account economic, legal, personal and social issues. and social issues.

If no amicable solution can be found within a period of three months, the mediation procedure the mediation procedure ends.

The Customer is also informed that he/she can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

ANNEX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on ayaq.com, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

 

Attention : AYAQ, Société par Actions Simplifiée, 2 Rue de la Côte 25160 Les Grangettes, France

 

I hereby give notice of withdrawal from the contract for the following goods:

- Ordered on (indicate date)

- Order number: ...........................................................

- Customer name: ...........................................................................

- Customer address: .......................................................................

Client's signature (only in case of notification of this form on paper)