Conditions of sale

MAJOR SPORTS' "TECNIVIP" PRODUCT-SPECIFIC ON LINE CONDITIONS OF SALE



1. Application of the Product-Specific Conditions of Sale (PCS)

1.1. These Product-Specific Conditions of Sale (hereafter "the PCS") govern any sale between Major Sports, a public limited company with a Supervisory board and an Executive Board with capital of €447,578 registered on the Versailles Trade and Companies Register under the number 315 765 651, address RD 307 78810 Feucherolles France (hereafter called "Major Sports") and any physical or legal person using Tecnifibre brand articles for professional purposes (e.g.: professional players, club instructors) (hereafter called "the Customer") wishing to purchase one or more Products in the "TecniVIP" catalogue (hereafter the "Product(s)") in accordance with the terms and conditions of these PCS and at the price (hereafter the "Price") shown on the www.tecnifibre.com website under the heading "TecniVIP". Access to this TecniVIP service and the application of these PCS is limited and exclusively reserved for Customers in the category of customers defined in this article and within the meaning of the law n°2005-882 of 2 August 2005 (called the "Dutreil" law).

1.2. The fact that a Customer places an order for Tecnifibre Products entails his/her complete compliance with these PCS which will exclusively govern sales of Products. The Customer states that he/she has read the PCS's and accepts them unreservedly for placing orders.

1.3. The PCS are applied to the Customers only and the Price is invoiced in Euros or US Dollars.

2. Ordering Products

2.1. Ability to access the TecniVIP area : The Customer can access the TecniVIP area after obtaining an identifier and a password which are strictly personal to the Customer. The Customer states that he/she has the capacity to access this personal area and the authority to conclude this contract under the terms of these PCS. The order can only be registered on the www.tecnifibre.com website if the Customer has identified him/herself clearly by entering his/her name and password, email address, full details of the place of delivery and the possible invoicing address (if different from the address given for the first registration when the Customer received an identifier and password).

2.2. Registration and validation of the order : The Products offered for sale are displayed in the on-line catalogue published in the TecniVIP space of the www.tecnifibre.com website. All the Products offered for sale in the TecniVIP space are offered subject to availability. The Customer selects the Products he/she wishes to purchase by selecting the Products and then clicking the "Order" tab. The details of the order will appear on a summarizing page. The Customer must check the details of the order and the total price and correct any mistakes before confirming the order by clicking on the "Confirm" tap. This confirmation is a valid purchase order and firm and final acceptance of the price of Products as described in the online catalogue (it is understood that photographs of Products do not have contractual value) and in accordance with the terms and conditions of these PCS.

2.3. Confirmation of the order : Major Sports will acknowledge receipt of the order as quickly as possible. Any order which is accepted by Major Sports is final and binding and the Customer cannot cancel the order. A partial modification to an order requested by the Customer will only be effective (without a penalty or indemnity) if it reaches Major Sports in writing within 2 hours of the confirmation of the order.

2.4. Minimum and maximum order amounts : The minimum amount of each order placed by the Customer is thirty (30) euros inclusive of VAT. The maximum amount of orders placed by the Customer for each period between 1st September and 31st August of the following year is six hundred (600) euros inclusive of VAT. If this amount is exceeded, the single order which exceeds this amount, or the order where this maximum limit is exceeded will not be confirmed by Major Sports and will be automatically cancelled.

2.5.Returns of goods : Goods which are returned to Major Sports or its representative without prior written authorization will be refused and all the costs incurred will be invoiced to the Customer. If the return is accepted, the returned goods must be returned in the condition and in the packaging the Customer received them in.

2.6 Conserving and archiving transactions : Invoices are archived on a reliable and durable medium which is kept at Major Sports headquarters or its web hosting provider's headquarters, which always corresponds to a faithful and durable copy pursuant to article 1358 of the Civil Code. The computerized registers which are kept in the information systems of Major Sport and/or its partners under reasonable conditions of security will be treated as proof of communications, orders and payments between the parties.

3. Delivery of Products

3.1. We currently only deliver our Products in metropolitan France, and Corsica, Germany, Belgium, the Netherlands, Portugal and Spain to the exclusion of all other territories. Deliveries are made by post : - either to the address of a partner store or to the home or to the delivery points proposed on our website and selected by you when you place your order, if you are a Customer who is a semi- professional/professional player or a trainer. If deliveries are made to separate addresses, the Customer can place as many orders as there are delivery addresses. The risk of damage, loss or theft of the Products will be transferred to the Customer from the delivery of the Products. Once the Products have been delivered, the Customer will be exclusively liable as the custodian of the Product for the inherent risks in case of loss, theft or damage.

3.2. Delivery deadlines : Major Sports undertakes to honour the orders received and to deliver the Products ordered (within the limit of available stocks) within an average delivery deadline of between eight (8) to fifteen (15) days for a home delivery depending on the destination. Delivery deadlines are given for guidance only, and Major Sports cannot be held liable if deadlines are overrun, and will not result in any indemnity for the Customer or the cancellation of the order. The Customer can track ongoing orders, Mondays to Fridays, by contacting Major Sports Customer Service - RD 307 78810 Feucherolles France (tel: +33 1 30 54 97 24 ; fax: +33 1 30 54 97 39) or by email to dlaboulbene@tecnifibre.com.

3.3. Receipt and inspection of Products : the Customer must inspect all Products before accepting the delivery, as soon as they are unloaded in his/her premises. If Products are defective, broken or missing, the Customer must refuse the delivery and inform the carrier within three (3) days of the date of delivery (not including public holidays) by sending a protest with reasons, by recorded delivery letter with acknowledgement of receipt, pursuant to article L133-3 of the Commercial Code (with a copy to Major Sports).

3.4. Transport costs: Customer will be billed the costs of carriage for any order irrespective of the amount. - For trainers and/or players (TecniVip) : costs of carriage are fixed (they differ depending on the country of delivery). There are no carriage free deliveries. The amount of the costs of carriage will be calculated and confirmed when you place your order, according to the place of delivery chosen.

4. Price and payment of the Products

4.1. Price : The Price of the Products are fixed from the Price fixed inclusive of VAT in our Price Grid applicable to your category of Customer which is in force on the day the order is confirmed. Prices are exclusive of VAT, with standard packaging. Major Sports reserves the right to change the price any time if economic conditions change. Major Sports can exceptionally modify the price of Products between the date the order is confirmed and the delivery date, if there is a major change in economic conditions (e.g. increased customs duty, fluctuating foreign currencies etc). Major Sports will inform the Customer of this change in price, who will be able to cancel all or part of the order without costs but without being to claim an indemnity from Major Sports for this.

4.2. Reduction in price : The Customer (instructors and players in the Elite Junior Group) will receive a specific discount on the price in force on the day the order is confirmed, in return for the Customer's direct or indirect promotion of the Technifibre brand through his/her professional activity. However, a reduction does not create a vested right for the Customer, irrespective of previous price reductions, and/or their number or size. 4.3. Payment : The Customer must pay for his/her online purchases on order by bankcard on the www.tecnifibre.com, website in euros. The customer must provide his/her bank card number, its date of validity, and the visual cryptogram on the back of the bankcard. Major Sports uses a secure payments service for to guarantee payment security for its online sales of Products. The Customer's bank account will be debited the amount shown on the order summary on the day of the order.

4.4. Late payment or payment default : In the event of late payment or payment default, Major Sports can suspend the performance of all or part of the order affected and any other orders in progress and refuse any new order, without prejudice to any other actions. A lump-sum penalty of 10% of the sale price net of tax, and lateness interest equal to 3 times the legal interest rate will be automatically added to any sum which is unpaid on the due date. These sums can be set off against any price reduction owed to the Customer, at any time, by ordinary letter from Major Sports. Major Sports can terminate the sale as of right after a formal demand sent by recorded delivery letter with acknowledgement of receipt has been ineffective for over three (3) working days after its first presentation, and Major Sports can demand the immediate return of the Products without prejudice to any damages, penalties and lateness interest. Major Sports can, at its discretion, decide that the cancellation, besides applying to the order in question, will also apply to previous orders which are still in the process of delivery, irrespective of whether their payment is outstanding or not. if Major Sports opts to cancel the corresponding orders, any sums which could be owed including for other deliveries will immediately fall due. In the event of cancellation, the Customer agrees to Major Sports keeping the instalments it has received as a penalties, and Major Sports reserves the right to bring any actions for damages for the loss suffered.

4.5. Retention of title: Major Sports remains the owner of the Products sold until complete payment of the price in principal and incidental expenses i.e. the complete and final payment of the price the Products, the whole of the order, transport costs and if necessary penalties, interest and any other costs and charges relating to the order. The customer must not dispose of the Products in any way whatsoever and in particular not pledge them or give them as collateral security, or constitute them as security or grant any right over them whatsoever to a third party until full payment has been received. Major Sports will be entitled to take back the Products or have the Products taken back, if appropriate after an ordinary ex parte judgement by the President of the Paris commercial Court at the Customer's costs, after a formal demand served by recorded delivery letter with acknowledgement of receipt which has remained ineffective for more than three (3) business days after its first presentation. Products which are in stock with the Customer will be considered to correspond to the unpaid Products. In the event of an attachment or any other claim by a third party over the Products, the Customer must immediately inform the third-party of the existence of Major Sports' ownership title rights.

5. Product warranty

5.1. Warranty period: The Product warranty period is two (2) years from the discovery of the defect.

5.2. The scope of the warranty: Major Sports' liability under the warranty if it is acknowledged (amicably or judicially) will be exclusively limited to (i) the repair of the Product or if this is impossible or the cost of the repair is too onerous for Major Sports (appreciated exclusively by Major Sports); (ii) to replacing the Product which is considered to be defective or nonconforming, to the exclusion of any other indemnity of any kind whatsoever. The round-trip transport costs will be payable by the Customer and the return cost will be payable by Major Sports.

5.3. Enforcement of the warranty : To enforce the warranty the Customer must : (1) notify the defects found by recorded delivery letter with acknowledgement of receipt addressed to Major Sports, Route départementale 307, 78 810 Feucherolles, within fifteen (15) days of discovering them ; and (2) wait for Major Sports to accept them under the warranty within (15) fifteen days following the receipt of the notification from the Customer or its presumed acceptance if Major Sports does not reply within this deadline ; and (3) return the Product in its original packaging or the defective parts to Major Sports RD 307 78810 Feucherolles within fifteen (15) days following Major Sports' acceptance of the Product under the warranty.

5.4. Warranty Exclusions : The warranty does not apply : - if the Customer fails to produce the original purchase invoice for the Product when requested by Major Sports - if the Product has been modified without Major Sports' prior authorization - to repairing damage resulting from an external cause to the Product, - to indemnifying indirect, consecutive or immaterial loss caused to the Customer - to indemnifying direct and indirect loss caused to third parties, - if the use, installation, or connection does not conform to the specifications or instructions supplied by Major Sports or the manufacturer, - to a use which is harmful to the conservation of the Product or accessories or unsuitable consumables, - to the after sales service i.e. the maintenance and overhaul of the Product, the replacement of worn parts or the supply of new packaging for transport.

6. Use of the www.tecnifibre.com website

The use of the website does not give the Customer any intellectual property right over this website and its content. The Customer has no rights over Major Sports' creations which are furthermore protected by copyright, or over any other designs and over Technifibre's trademarks or those belonging the third parties. The www.tecnifibre.com website and all the rights relating to it are owned by Major Sports in full. Complete or partial reproductions of it are prohibited unless authorized by Major Sports. However hypertext links to the site are authorized without any specific requests. Major Sports is only subject to a best endeavours obligation for all the access steps to the site, the order process, delivery or subsequent services. Major Sports can never be held liable for any inconvenience or damage inherent or resulting from using the Internet notably a service outage, external intrusion or the presence of computer viruses or a service outage.

7. Liability

Major Sports can never be held liable for any losses or damage which the Customer might suffer if these losses or damage are the result of a case of force majeure and if they are attributable to an unforeseeable and unstoppable act by a third party or if they are attributable to the Customer.

8. Notifications

Any notification in accordance with these PCS must be made by recorded delivery letter with acknowledgement of receipt sent to the address of Major Sports' head office RD 307, 78810 Feucherolles, France.

9. The whole agreement

If any of the clauses of these PCS are declared to be null and void and/or invalid by a court or because of a change in the law, this will not affect or modify the validity of all the other clauses in these PCS.

10. Personal data

The personal data which is collected for online sales are essential for processing and forwarding orders and drawing up invoices. Pursuant to article 34 the law of 6 January 1978, the Customer has a right to access, modify, rectify and delete the data concerning him/her, which can be exercised by writing to : Major Sports RD 307, 78810 Feucherolles, France. In addition Major Sports undertakes not to disclose its Customers' names, addresses and contact details to third parties either free of charge or for payment. The Customer guarantees that the information supplied by him/her on the website or by telephone, provides his/her true identity and all the information supplied is true, accurate up-to-date and complete at the time the information is supplied. If the Customer establishes that one or more items of information given are incorrect or are no longer valid, the Customer must correct them. In default, Major Sports cannot be held liable for the consequences of this. Major Sports, which is the data controller, will process your personal data to ensure optimal management of the customer relationship. The data which is collected is essential for this processing and are intended for the relevant services of Major Sports and, if appropriate, its subcontractors or service providers. The data collected are conserved throughout the duration of the commercial dealings increased by the statutory limitation periods. Pursuant to the legislation in force, the Customer possesses a right of access, rectification or effacement, a right to restrict the processing of the data, a right of opposition, a right to data portability and a right to give instructions on what happens to his/her data after his/her death (for a physical person) which is exercised by email to dlaboulbene@tecnifibre.com or by letter post to David Laboulbene, with a copy of an identity document. Finally, the Customer has the right to make a claim before a supervisory authority.

11. Governing Law and jurisdiction

Sales by Major Sports under these PCS are governed exclusively by French law. In the event of a dispute only the courts within the jurisdiction of the Paris Court of Appeal (France) have jurisdiction unless the Major Sports seises another territorially competent court. This clause applies in the event of summary proceedings, interim claims, multiple defendants or third-party notices, irrespective of the place of payment and delivery.

12 Legal Information

1. This website is published by 100% Net
2. You can write to our customer department at the following address dlaboulbene@tecnifibre.com
By telephone from Mondays to Fridays from 9 am to 5 pm on the number 01 30 54 97 24
Back
to top