GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

Object

The general terms and conditions of sale described below detail the rights and obligations of the company UFO, located at 366 Av. J. Lambot-83130 La Garde-France with capital of 500,000 euros, registered at the Trade and Companies Register of Toulon under No. 43895369700010 and of its customers in connection with the sale of the following products: GPA helmets, textiles and accessories.

The GPA Helmets meet CE safety requirements in accordance with the VG1 RFU CNB/P/01.04 of 2014 and meets the requirements of the CE EN1384:2017 standard. Also approved under ASTMF1163-15/ SEI (American standard and quality label)

All services performed by UFO imply unconditional acceptance by the buyer of these general conditions of sale.

According to the current regulations, the Supplier reserves the right to waive certain clauses of these General Conditions of Sale, based on negotiations with the Buyer, through the establishment of Special Sale Conditions.

The Supplier may also establish the Categorical General Conditions of Sale, exceptions to these General Conditions of Sale, depending on the type of client considered, determined using objective criteria. In this case, the Categorical General Conditions of Sale apply to all operators meeting these criteria.

Product

Each product on the GPA online sales site is accompanied by a description. The photographs in the catalogue are as accurate as possible, but cannot ensure a perfect similarity to the product, especially with regard to colour.

Online sales

Orders must be placed via the interface of our online sales site https://gpa-sport.com or can be sent to our headquarters by e-mail at info@gpa-sport.com. Any changes requested by the Buyer can be taken into account only if they are within the capabilities of the Supplier and only at its discretion, and if notified in writing.

Customer service number: +33 (0)4 94 14 74 (Price of a local call from a landline in metropolitan France). Our advisors are at your disposal from Monday to Friday from 9 am to 4 pm

Fax number: +33 (0) 04 94 14 74 96

The prices of the products sold are those in force on the date the order is taken. They are denominated in euros and calculated including tax and VAT. They will be increased by the shipping costs applicable on the day of the order. The Cofradex ApS Company grants the right to change prices at any time.

The customer who wishes to buy a product must:

  • Validate the basket of their order after checking it,
  • Fill out the identification form on which they will indicate all the requested details,
  • Confirm their order and price,
  • Confirm payment.

From the moment the buyer has registered their order by clicking on the “order” icon, they are considered as having accepted, in full knowledge of the facts and without reserve, the present General Conditions of Sale.

All data provided and confirmation recorded serve as proof of the transaction. The order confirmation acts as a signature and acceptance of the transactions.

An acknowledgement of receipt confirming the taking into account of the customer’s order is automatically sent to them by email.

Payment terms

The payment of the orders is carried out by one of the means listed below:

  • Credit card; (debit card, Visa, MasterCard).
  • bank transfer (written request via the tab “contact us”)
  • cheque (written request via the tab “contact us”)
  • Paypal: Make your order quickly and securely by logging into your PayPal account. Your PayPal account, linked to your account or your credit card, allows you to directly pay for your purchases.

 

For each order, a debit request from the customer’s bank account will be sent to their bank within 24 hours. The order will be considered valid after the bank payment has been confirmed. A confirmation email will be sent to the customer when the order is validated and the payment is carried out.

Our site is the subject of one of the most efficient security systems. It has not only adopted the SSL (Secure Socket Layer) encryption process but has also strengthened all the scrambling and encryption processes in order to protect as effectively as possible all the sensitive data related to the means of payment.

Customs duties:

Any order placed on the site and delivered outside France may be subject to taxes and customs duties that are imposed when the package reaches its destination (according to the regulations in force of the country in which the delivery is made).

These customs duties and taxes related to the delivery of an item are the responsibility of the customer. UFO is not obliged to check and inform its customers of applicable customs duties and taxes. To find out about them, the customer must make inquiries of the relevant authorities in their country.

Responsibility:

The seller, in the online sales process, is bound by an obligation of means; it cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, interruption of service, or other unintended problems.

The Buyer is responsible for the information they provide during the payment process via the order (including the email address and/name and delivery address to which the information will be sent).

The Seller declines all responsibility in case of an incomplete or erroneous email address and/or physical address and cannot be held responsible for the consequences of a possible error in this information (impossibility or delay of delivery of the product).

The Seller is released from all liability in case of non-performance of the order due to a case of force majeure.

Archiving – Proof

Marlène Bastien will archive the purchase orders and invoices using a reliable and sustainable method, which constitutes an exact copy, in accordance with the provisions of article 1348 of the French Civil Code.

The digital records will be considered by the parties as proof of communication, orders, payments and transactions that took place between the parties.

Retention of title clause

The company UFO reserves, until the complete payment of the price by the Purchaser, a right of ownership on the sold products, allowing it to retake possession of these products. Any deposit paid by the Purchaser will be retained by the Supplier as a lump sum indemnity, without prejudice to any other actions that it would be entitled to bring against the Purchaser as a result.

However, the risk of loss and deterioration shall pass to the Purchaser upon delivery of the ordered products.

All elements of the seller’s site are and remain the exclusive intellectual property of the seller.

Nobody is allowed to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, elements of the sites, be they software, visual, or sound effects.

Delivery

The maximum delivery time is 10 working days from the validation and payment of the order, unless otherwise stipulated before final confirmation of the order and subject to the accuracy of the data provided. In case of delay, an email will be sent to you as soon as possible.  The customer may choose to accept the new deadline or cancel the order. In the latter case, the supplier will then be required to refund the items concerned as soon as possible.

The responsibility of the Supplier may in no case be engaged in case of delay or suspension of the delivery imputable to the Buyer or in case of force majeure.

The delivery of our products is provided by our partner Chronopost. A tracking number will be sent to you. You can follow your shipments from the following link: http://www.chronopost.fr

Shipping fees

10 euros (France, Monaco, Corsica, Europe)

50 euros (USA/DOM-TOM/Asia/Australia)

Returns

Return Management: You must return to us by email the completed return form that you received with your order. You can also ask us for the return form by email at info@gpa-sport.com. You must specify if you want a refund or exchange (within the limits of available stocks).

Return period: You have a legal period of 14 (fourteen) days to exercise your right of withdrawal and to cancel your sales contract, without giving any reason. After this time, we will not accept the return. The withdrawal period runs from the date of receipt of the order.

Each product must be returned in a flawless condition, in its original packaging and labels.

The exchange (within the limits of available stocks) or the refund will be effective only after examination of the returned product, within a maximum of 14 (fourteen) days. Any product that is returned outside of the described procedures will not be accepted.

  1. The completed withdrawal form is to be sent to info@gpa-sport.com within 14 (fourteen) days from the date of receipt of the products;
  2. Products must not have been used, worn or washed;
  3. The products must still bear the identification label;
  4. Products must be returned in their original packaging;
  5. The products must be in perfect condition. The costs attributable to you are limited to the cost of returning the purchased products, unless the Supplier has explicitly exempted you from these costs.

We remind you that the purchased products are subject to the guarantee of conformity granted by the manufacturer, in accordance with the relevant European legislation.

Warranty

Information on the legal warranty period:
The legal guarantee of conformity is based on Article L. 211-4 up to L. 211-14 of the French Consumer Code and on Article 1641 of the French Civil Code concerning defects found.

UFO is bound by the defects of conformity of the good to the contract and the hidden defects of the item sold.

When acting as a legal guarantee of conformity, the consumer:
– benefits from a period of two years from delivery of the property to act;
– may choose between the repair or replacement of the goods, subject to the cost conditions provided for by the French Consumer Code;
– is exempted from reporting the proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good; The consumer can decide to implement the guarantee against the hidden defects of the item sold. In this case, they can choose between the resolution of the sale or a reduction of the selling price.

In order to know the steps to follow concerning the after-sales service for any problem on a product, you can contact us via info@gpa-sport.com
To benefit from the guarantee of the products, it is absolutely necessary to keep the invoice of purchase of the product. The date of departure of the guarantee corresponds to the billing date.
Any guarantee is excluded in case of misuse, negligence or lack of maintenance on the part of the Purchaser, in case of normal wear of the good or force majeure, as well as in case of fall or impact; in accordance with the safety requirements of personal protective equipment according to Directive 89/686/EEC of 21/12/1989:
“The helmet is designed to absorb some of the energy of a shock with partial destruction of the inner cap or padding, or both. This damage may not be visible and therefore, any impacted helmet must be destroyed and replaced by a new one.

Litigation – Jurisdiction

These General Conditions of Sale and the purchase and sales transactions that ensue from them are governed by French law.

They are written in French. If they are translated into one or more languages, the French text will prevail in the event of a dispute. In the absence of amicable resolution, the dispute will be brought before the Commercial Court to which the company UFO belongs.

Means for mediating consumer disputes
In accordance with articles of the French Consumer Code L611-1 and ss and R612-1 and ss, it is stipulated that for any dispute of a contractual nature relating to the execution of the contract of sale or the provision of services that could not be resolved in the context of a complaint previously lodged with the UFO customer service, the Consumer may make free use of mediation. They will contact the National Association of Mediators (ANM) either by mail by writing to 62, rue Tiquetonne 75002 PARIS or by e-mail by completing the online entry form at the following address: www.anm-conso.com
The consumer can also visit the website of the European Online Dispute Settlement Platform.
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
The following website www.economie.gouv.fr/mediation-conso also contains all useful information in case of cross-border dispute.

Personal data/ Privacy policy

In accordance with the Data Protection Act of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), UFO processes the personal data of its customers and prospective customers, hereafter mentioned as Customer data and Prospect data.

  • Collection of your personal data
    We may collect your data when:
    You visit the website
    You place an order on our website
    You subscribe to the Newsletter
    When you send a complaint, ask a question or send us any comments via our website or our social networks (if you have given us your email address only)
  • Type of data collected
    UFO reserves the right to collect information about the buyer including using cookies. A cookie is a computer file stored on the hard disk of the Customer’s computer. It is intended to report a previous visit of the Customer or Prospective Customer on the site www.gpa-sport.com
    The Customer data collected by UFO may be the following: name, surname, title, email address, postal address and delivery address, phone number. The Prospect data collected by UFO can be: name, surname, title, email address.
  • Purposes of the processing
    These Customer and Prospect data are collected as part of orders placed on our site www.gpa-sport.com, of the processing of your complaints or questions relating to your orders or our products and/or in a framework of purely marketing information about our products and our news in order to bring you a real quality of service and information on our activities, this only by e-mailing, via a secure email program.
  • Recipients
    The recipients of these data are the customer services and e-commerce marketing internal to our company. We may share your personal data:
    – with our distributors, partners or licensees (name, surname and email only) who can use them to send you marketing and product information about GPA and other UFO brands.
    – to some of our service providers who help us to carry out your order, deliver your products, collect your payment, it being understood that the said service providers are bound by contract to the confidentiality as well as the respect of the laws in force concerning the protection of your Personal Data.
    We may offer you links to other websites, however we will not be responsible for the content or policies for collecting information on these websites. We do not accept any responsibility in this regard, please check these policies before communicating your personal data to these websites.
  • Retention
    In accordance with the principle of retention of the General Regulations on Data Protection, personal data relating to customers cannot be stored beyond the period strictly necessary for the management of the business relationship.
    UFO undertakes to delete or archive the Customer data after a period of 5 years following the last purchase, and the Prospect data after a period of 3 years following the last interaction. Exceptions are the data necessary to establish the proof of a right or contract that may be archived, as provided for by the provisions of the French Commercial Code relating to the retention period of books and documents created for commercial activities, and the French Consumer Code relating to the preservation of contracts concluded electronically.
  • Data security
    We maintain all the appropriate protections to ensure that our internal procedures comply with applicable regulations. We restrict access to Personal Data about you to employees subject to appropriate confidentiality obligations, and whose contact with such Personal Data is believed to be justified as part of their duties and/or to provide you with products and services.
  • Rights of the person concerned
    The Customer or Prospective Customer has a right to access and rectify data concerning them, and may also assert their right to erasure or right to be forgotten, as well as their right of opposition or right to portability. For any request, just send us an email at info@gpa-sport.com with a copy of your identity card.
    On the other hand, the Customer or Prospective Customer may deactivate the use of cookies at any time, by selecting the appropriate parameters of their browser.
    Finally, any Customer or Prospective Customer has the right to lodge a complaint before the competent supervisory authority (in France, this is the CNIL) concerning the processing of their personal data.

Modification of the General Conditions of Sale

UFO reserves the right to modify at any time its General Conditions of Sale and invites its members to consult them regularly. By validating their orders, the customer accepts the new terms of the General Conditions of Sale.

Members who do not wish the contractual relationship to be governed by the new General Conditions of Sale must notify it on the date from which the new conditions will come into effect and must stop using the services of UFO – GPA SPORT.