Terms of Sales
1. Purpose
EDELI SPORTS (hereinafter "EDELI SPORTS"), a simplified joint-stock company with a capital of 200,000 euros, registered with the LYON Trade and Companies Register under number 951 706 753 and having its registered office at 21, chemin des Molières - 69210 Lentilly, operates a Website accessible at edelisports.com, hosted by Shopify.
These General Terms and Conditions of Sale (hereinafter "General Terms") aim, on the one hand, to inform any potential buyer (hereinafter the "Customer") of the conditions and procedures under which the seller (hereinafter "EDELI SPORTS") sells and delivers Ordered Products and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by EDELI SPORTS to the Customer.
The current General Terms and Conditions of Sale are accessible and printable at any time via a direct link on the homepage of the website edelisports.com.
The General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded between EDELI SPORTS and any Customer defined as a consumer and/or non-professional within the meaning of the preliminary article of the Consumer Code.
Consequently, the fact that the Customer orders a Product offered for sale on the Website implies full and complete acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges having read prior to placing their Order.
EDELI SPORTS may modify these General Terms at any time for the future.
However, these modifications will not apply to orders finalized before their implementation.
Customers declare that they are of legal age and fully capable of entering into a contract.
Products are offered for distance sale in the following European countries: Austria, Belgium, France (mainland), Germany, Italy, Luxembourg, Netherlands, Portugal, and Spain.
To place an Order or Pre-order, the Customer must select the Products they wish to purchase and click on the "Add to cart" button.
They can access said cart at any time, as long as their Order or Pre-order has not been definitively registered by Payment, and can correct any errors in the entered information.
EDELI SPORTS manufactures some of its Products upon request from its Customers during Pre-order campaigns.
EDELI SPORTS will indicate on its Website, where possible, the duration of the Pre-order campaign, the sales volume target linked to the Pre-order campaign, and the target date for the start of delivery of Pre-orders.
Any Order or Pre-order is confirmed when the Customer clicks on the "Place my order" button.
The confirmation of the Order or Pre-order implies the Customer's acceptance of these General Terms and Conditions of Sale, as well as the General Terms of Use and the essential characteristics of the Products, without prejudice to any specific contractual conditions concluded between the Parties.
Purchasing a Product on the Website does not require the creation of a Customer Account.
However, in the event of a purchase without a Customer Account, in "Guest" mode, the Customer must at least provide:
- Their name, first name, and title;
- Their email address;
- Their postal address and delivery address if different.
In the case of a purchase with a Customer Account, the above information will have already been recorded and can be reused or modified.
The Products offered for sale are those described on the Website on the day the Customer consults the Website, within the limits of available stock.
Information regarding Product availability is updated as quickly as possible by EDELI SPORTS.
However, an error in updating, regardless of its origin, does not engage EDELI SPORTS's responsibility.
As such, EDELI SPORTS cannot be held responsible for the cancellation of an Order for a Product due to out-of-stock situations.
If stocks are exhausted, the Customer may eventually request that an alert be sent to their email address by EDELI SPORTS to notify them of new Product availability.
EDELI SPORTS strives to make the presentation and description of its Products as informative and satisfactory as possible for its Customers.
However, errors may appear on the Website, which the Customer acknowledges and accepts.
The Customer also acknowledges that the photographs or descriptions of the Products offered for sale are not contractual and are present on the Website exclusively for informational purposes.
These elements do not engage EDELI SPORTS's responsibility.
The selling prices of the Products offered on the Website are indicated in euros and "All Taxes Included" (TTC).
The selling prices of the Products on the Website are those in effect at the time the Customer places the Order/Pre-order.
Prices are applicable in the context of distance selling.
Prices do not include shipping costs, which are charged in addition to the price of the purchased Products. Shipping costs are indicated before the Customer confirms the Order/Pre-order.
They will depend on the delivery methods chosen by the Customer and the country of delivery.
EDELI SPORTS may modify its prices at any time.
However, it will bill the ordered Products at the price indicated when the Order or Pre-order registration was validated.
The Customer guarantees to EDELI SPORTS that they have the necessary authorizations to use the payment method they have chosen for their Order or Pre-order when registering it.
Only the Payment of the Order or Pre-order allows its definitive registration.
The Price of Orders/Pre-orders (including mandatory contributions and delivery costs) is thus payable in full upon placing the Order or Pre-order by the Customer via credit cards or any other payment method that may be offered on the Website.
If a credit card or another payment method suspected of belonging to a third party is provided by a Customer on the Website, the latter may be required to provide additional proof that these payment methods belong to them.
The Customer will bear any banking fees (including in the case of a refund).
Upon finalization of the Order/Pre-order, EDELI SPORTS will send an email to the Customer including:
- A confirmation of the Order/Pre-order;
- A summary of its elements;
- An estimated delivery time;
- A hyperlink expressly referring to the General Terms and Conditions of Sale in force at the time of the Order/Pre-order.
In the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website, including during previous Orders/Pre-orders, EDELI SPORTS reserves the right to suspend or cancel any execution of an Order/Pre-order and/or delivery, regardless of its nature and stage of execution.
The delivery of the Products takes place at the address provided by the Customer when placing their Order/Pre-order.
Deliveries are made in the countries mentioned in Article 3.
Ordered Products in stock will be shipped from EDELI SPORTS's premises within one or two working days, excluding postal delivery problems and, more generally, events beyond EDELI SPORTS's control (strikes, bad weather...), from the date of Order confirmation.
The delivery of the Products will be made as soon as possible and, at the latest, within 30 days from the Payment date.
Upon handing over the package to the carrier, EDELI SPORTS will send an email containing the Order number and the package tracking number to the Customer.
Any Delivery outside metropolitan France may be subject to different shipping costs depending on the destination country of the Order and the chosen delivery method.
EDELI SPORTS relies on a network of international postal services and/or one of the local postal services of the destination country for its international deliveries.
In any case, the amount of delivery costs is indicated to the Customer and validated by them before any confirmation of the Order or Pre-order.
The Delivery times indicated to the Customer are for informational purposes only, taking into account the shipping times communicated by the transport company.
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EDELI SPORTS disclaims all responsibility in case of extended delivery time due to postal services or the carrier before dispatch, blocking, or bad weather conditions. |
In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, the Customer has a right of withdrawal which they can exercise without reason within 30 days (thirty days) from the date of Delivery of the ordered Products. Withdrawal Form.
In the case of an Order for several Products delivered separately or in the case of an Order for an item composed of multiple batches or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last Product or batch or the last part.
The right of withdrawal is exercised without penalty.
The return of Products is at the Customer's expense, except in case of an error in the Order by EDELI SPORTS.
To exercise their right of withdrawal, the Customer will use the return slip issued by EDELI SPORTS when registering the withdrawal of their Order.
The Products must be in a condition allowing them to be put back on the market as new (unworn, complete, clean).
The Customer will have 30 (thirty) working days to send back the returned Products.
This return will be made to the following address:
EDELI SPORTS Company
21 chemin des Molières
69210 LENTILLY
FRANCE
After it has received and checked the condition of the Products, EDELI SPORTS will proceed with the reimbursement of all sums paid, including initial delivery costs, as soon as possible and at the latest within 14 days (fourteen days) from the date of receipt of the returned Products.
EDELI SPORTS will not be obliged to reimburse additional costs if the Customer has expressly chosen an express delivery method more expensive than the standard delivery method offered.
When the Customer exercises their right of withdrawal for only a part of the Ordered Products, the delivery costs will not be reimbursed.
The Customer's reimbursement will be made using the same payment method they used for the initial transaction.
If this payment method has expired, the Customer must contact customer service at contact@edelisports.com to change the reimbursement method. EDELI SPORTS cannot be held responsible for any delay in reimbursement.
4.6. Transfer of ownership and risks
EDELI SPORTS retains full ownership of the Products sold until full payment of the price has been received, including principal, fees, taxes, and mandatory contributions.
In accordance with the provisions of Article L. 216-2 of the Consumer Code, all risks of loss or damage to the Products are transferred to the Customer when the latter or a third party designated by them takes physical possession of them.
The Customer has a period of seven (7) days from the receipt of their Order to inform EDELI SPORTS:
- That the delivered package was opened or damaged;
- That some or all of the Ordered Products have not been received;
- That one or more of the received Products show non-conformities or apparent defects.
They must then provide the necessary supporting documents to EDELI SPORTS (photographs or any other document that EDELI SPORTS deems useful).
If the supporting documents are sufficient to duly prove the alleged defects, EDELI SPORTS will proceed either with the reimbursement of the Products concerned or with their re-shipment.
After this period of seven (7) days, the Products will be deemed compliant and free from any apparent defect, and no claim can be validly accepted by EDELI SPORTS.
5.1. Legal guarantee of conformity
Products sold by EDELI SPORTS via its Website benefit from the legal guarantee of conformity as defined in Articles L.217-1 et seq. of the Consumer Code.
Article L217-3 of the Consumer Code states:
"The seller delivers goods that conform to the contract and to the criteria set out in Article L. 217-5.
They are liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appears within two years from that date."
Article L.217-4 of the Consumer Code states:
"Goods conform to the contract if they meet, in particular, where applicable, the following criteria:
1° They correspond to the description, type, quantity, and quality, particularly concerning functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° They are fit for any special purpose sought by the consumer, brought to the seller's attention at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° They are supplied with all accessories and installation instructions, to be provided in accordance with the contract;
4° They are updated in accordance with the contract."
Article L.217-5 states that:
"I. - In addition to the criteria of conformity to the contract, the goods conform if they meet the following criteria:
1° They are fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements they contain are supplied in the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality, and other characteristics, including in terms of durability, functionality, compatibility, and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good and the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if they demonstrate:
1° That they were unaware of them and could not legitimately have been aware of them;
2° That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented at the time of the conclusion of the contract.”
The Client has a period of two (2) years from the Delivery of the Products to exercise the legal guarantee of conformity if they note a lack of conformity within the meaning of Articles L.217-4 and L.217-5 of the Consumer Code.
Their request must be sent either by post to the address: 21 chemin des Molières - 69210 LENTILLY, FRANCE or by email: contact@edelisports.com.
When the legal guarantee of conformity is implemented, in accordance with Articles L. 217-8 to L. 217-10 of the Consumer Code, EDELI SPORTS undertakes:
- to repair the Product or replace it with an identical product depending on available stock, at the Client's choice, unless this choice entails a manifestly disproportionate cost for EDELI SPORTS compared to the other option, taking into account the value of the Product or the importance of the defect;
OR
- to refund the price of the Product if repair and replacement of a Product proved impossible, or if the replacement or repair, as the case may be, presented a major inconvenience for the Client, or if the replacement or repair, as the case may be, could not be implemented within one month of the Client's request.
The product will be brought into conformity within a reasonable period, not exceeding thirty days following the Client's request.
Products sold by EDELI SPORTS via its Website also benefit from the guarantee against hidden defects as defined in Articles 1641 et seq. of the Civil Code.
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Article 1641 of the Civil Code states:
"The seller is bound by a warranty against hidden defects in the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have given a lower price, had they known of them."
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The Client has a period of two (2) years from the discovery of the Product's defect to exercise the legal guarantee against hidden defects if they observe a hidden defect within the meaning of Article 1641 of the Civil Code.
Their request must be sent either by post to the address: 21 chemin des Molières - 69210 LENTILLY, FRANCE or by email: contact@edelisports.com.
When the guarantee against hidden defects is implemented, EDELI SPORTS undertakes, according to the Client's choice and after evaluating the defect:
- to refund the full price of the Product;
or
- to refund part of the Product's price if the Client decides to keep it.
The Client is reminded that the legal guarantees of conformity and against hidden defects are not mutually exclusive, nor do they deprive the Client of their right of withdrawal as defined in Article 4.5 hereof.
In the event of a force majeure event preventing the execution of the Order or these General Conditions, the Client is informed that EDELI SPORTS's liability cannot be invoked.
In this regard, force majeure is understood as any external, unforeseeable, and irresistible event within the meaning of Article 1218 of the Civil Code.
EDELI SPORTS collects personal data within the framework of this Website and the distance selling of its Products.
To learn more about EDELI SPORTS's practices regarding the collection, use, and disclosure of personal data, as well as the provisions relating to the exercise of their rights, Clients are invited to refer to the Website's General Terms of Use, which detail its privacy policy.
Should one or more provisions of this act be declared null and void, this nullity shall not affect the other provisions of these General Terms and Conditions of Sale.
Any request or complaint relating to these General Terms and Conditions of Sale must be sent to the company EDELI SPORTS by email at: contact@edelisports.com.
4. APPLICABLE LAW AND COMPETENT JURISDICTION
Any order or pre-order will be subject to French law regardless of the Client's country of residence and the place where the order was placed.
Any dispute relating to the existence, interpretation, execution, or breach of the contract concluded between EDELI SPORTS and the Client, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the competent French courts in application of the rules enacted by the Code of Civil Procedure.
5. CUSTOMER SERVICE - MEDIATION
For any questions or complaints regarding an Order or for any additional information, EDELI SPORTS customer service can be reached from France, under the conditions indicated in the "Contact" section of the Website, by email at contact@edelisports.com or by postal mail at 21 chemin des Molières - 69210 LENTILLY, FRANCE.
Furthermore, in accordance with L.211-3 of the Consumer Code, the Client is informed of the possibility of resorting, in case of dispute, to a consumer mediation procedure.
6. PAYMENT IN MULTIPLE INSTALMENTS
Payment for your order in 3 or 4 instalments by credit card for purchases from €100 up to €3000 with Oney Bank.
Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3000 in 3 or 4 instalments with your bank card.
Conditions: This offer is reserved for individuals (major natural persons) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the chosen financing duration. Systematic authorization cards, particularly Electron, Maestro, Nickel, etc., as well as e-cards, Indigo, and American Express cards, are not accepted.
Subscription terms: After completing your order, simply click on the "3x 4x Oney credit card payment button." You will then be redirected to our partner's 3x 4x Oney website displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials associated with your 3x 4x Oney account. You read the general terms and conditions for multi-instalment payment to which you wish to subscribe, which are provided in PDF format so that you can read, print, and save them before accepting them.
You then confirm your electronic acceptance by checking the corresponding box. You acknowledge that the "double click" associated with the checkbox regarding knowledge of the general conditions constitutes consent to contract and an irrevocable and unreserved acceptance of the product's general conditions. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for credit granting, management, and recovery. Oney Bank reserves the right to accept or refuse your 3x 4x Oney financing request. You have a withdrawal period of 14 days to cancel your credit.
How it works
Payment in 3 or 4 instalments by credit card allows you to settle the order placed on our merchant site as follows:
- A mandatory down payment, debited on the day your order is confirmed for shipment;
- Two or three monthly payments, each corresponding to one third or one quarter of the order, debited 30 and 60 days later for 3 instalments and 30, 60 and 90 days later for 4 instalments, which include fees corresponding to 1.58% of the total order amount for 3 instalments and 2.37% for 4 instalments (up to a maximum of €25 for 3 instalments and €50 for 4 instalments).
• Payment in 3 instalments from €100 purchase and up to €3000
Example: For a purchase of €150, a down payment of €52.37 then 2 monthly payments of €50. Credit for a duration of 2 months at a fixed APR of 21.18%. Cost of financing: €2.37 within the limit of €25 maximum.
• Payment in 4 instalments from €100 purchase and up to €3000
Example: For a purchase of €400, a down payment of €109.48 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 21.31%. Cost of financing: €9.48 within the limit of €50 maximum.
Conditions as of 03/11/2023. For more information, visit oney.fr
Special conditions for occasional promotional offers: For 3-time payment without fees: the financing cost is 0% of the total order amount.
Example for a purchase of €150, a down payment of €50, then 2 monthly payments of €50, Credit for a duration of 2 months at a fixed APR of 0%.
Cost of financing: €0. For 4-time payment without fees: the financing cost is 0% of the total order amount. Example for a purchase of €400, a down payment of €100, followed by 3 monthly payments of €100. Credit for a duration of 3 months at a fixed APR of 0%. Cost of financing: €0
Oney Bank - SA with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille
Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille
Cedex 9 - www.oney.fr