Standard Terms and Conditions
www.hardloop.co.uk & www.hardloop.ch
These Terms and Conditions of Sale set out the conditions applicable to sales concluded between HARDLOOP, private limited company with registered capital of €186,384, with registered office at 17, avenue du Pré de Challes - 74 940 Annecy, France, listed on the Annecy Trades and Companies Register under number 802 166 199, with Intra-community VAT number FR01 802 166 199, telephone number +33 (0)1 84 67 14 24, email address email@example.com, operator of www.hardloop.co.uk and www.hardloop.ch (hereinafter "the Website") and any person making a purchase on www.hardloop.co.uk or www.hardloop.ch (hereinafter "the Website »).
1 – Definitions
In the context hereof, the terms below, in singular or plural form, are defined as follows:
2 - Price of items
All prices are indicated in Pounds Sterling inclusive of all taxes and excluding the cost of delivery as specified in Article 3 - Dispatch and delivery.
Items are charged according to the price displayed on the Website at the time orders are placed.
Items remain the property of HARDLOOP until payment has been received in full.
3 - Orders
3.1. Acceptance of the Terms and Conditions of Sale
To be able to place an order, Customers not already in possession of a User account are required to open an account and to expressly agree to all of these Terms and Conditions of Sale, which are communicated to the Customer prior to order.
Confirmation of an order by the Customer, following an order summary, constitutes express and unreserved acceptance of these Terms and Conditions of Sale.
HARDLOOP may be required to adapt or amend these Terms and Conditions of Sale at any time. The Terms and Conditions of Sale applicable to the sale contract are those in effect on the date the order was placed by the Customer.
When placing an order, the Customer declares that he/she has the legal capacity to agree to these Terms and Conditions of Sale and to enter into a sales contract with HARDLOOP.
When placing an order, the Customer affirms that the information that he/she has provided is accurate and complete, in particular home address and delivery details. The Customer shall also provide a valid telephone number and email address.
HARDLOOP reserves the right to cancel or refuse any order from a Customer with whom there is an issue regarding payment of a previous order.
To place an order, the Customer must provide HARDLOOP with personal details and information requested during the order process.
The sales contract is established when the Customer agrees to the Terms and Conditions of Sale communicated to him/her, following an order summary, without prejudice to retention of title clauses and the option to withdraw from and/or cancel the order. Confirmation of the order constitutes express agreement by the Customer regarding the quantity, price and description of articles purchased.
Prior to payment, the Customer will be able to return to previous pages and to correct and change his/her order, as well as information already provided.
An email confirming receipt of the order and detailing all information provided, as well as a copy of the Terms and Conditions of Sale in durable format, shall be sent to the Customer after the order is confirmed.
The order process is as follows:
At each stage, the Customer is able to:
3.3. Retention of title
HARDLOOP retains ownership of all items until it has received payment in full for the total value of the order, in accordance with Articles 2367 et seq of the French Civil Code.
Failure to make payment in full shall enable a claim over the items sold, notwithstanding the transfer to the customer of risk of loss or damage to items as of delivery, as well as damages that they may bring about.
3.4.Availability of items
All orders require acceptance of prices and the description of items available for sale.
HARDLOOP undertakes to honour orders received on the Website subject to availability of stock.
In the event of unavailability of one or more items, HARDLOOP undertakes to notify the Customer at the earliest opportunity, before the order delivery date and, where the Customer opts to cancel the purchase, issue a refund within fourteen (14) days of cancellation. The Customer order shall then be cancelled automatically.
4 - Dispatch and Delivery
The place and date of delivery shall be determined by the Parties.
4.1.Delivery times and cost
The delivery time shall be agreed by the Parties when the order is placed, according to availability of products and, where applicable, availability of carriers, in the order in which orders are received.
For deliveries to the United Kingdom, the Customer may choose one of the following options:
For deliveries to the Swiss, the Customer may choose one of the following option:
4.2.Delays in delivery
Except in cases of force majeure, where deliveries are not completed within the stipulated period, the Customer may cancel his/her order, by registered letter with acknowledgement of receipt to the following address: 17, avenue du Pré de Challes - 74 940 Annecy, France or in writing in another durable format, if, having instructed HARDLOOP to complete delivery within a reasonable extended time frame using the same method, delivery has not been made within said time frame.
In such cases, all amounts paid by the Customer shall be refunded.
4.3.Faults recorded on delivery
The Customer must check the condition of items delivered.
All faults concerning items (damage, item from the purchase order missing, broken or faulty item) must be reported to HARDLOOP within three (3) days of receipt of the order under the procedure set out in Article 6, without prejudice to the Customer's rights under the statutory conformity and hidden defects guarantee (Article 11.1).
For all deliveries to local So Colissimo outlets, the Customer must inspect the content of the parcel as well as the condition of items at the collection point before signing the delivery slip (paper or electronic).
The Customer must not accept any opened or incomplete parcels, and/or any damaged items.
All items sold by HARDLOOP are covered by a statutory conformity guarantee as per Article L.217-4 et seq of the French Consumer Code and are guaranteed against hidden defects in the item sold under the conditions set out in Articles 1641 et seq of the French Civil Code as indicated in Article 11.1.
4.5.Delivery problems attributable to the Customer
Where incorrect details are provided, the Customer shall incur delays and any resultant financial consequences. In such cases, HARDLOOP reserves the right to charge an order processing fee of £5.90, in addition to the cost of delivery. HARDLOOP undertakes to communicate details of fees incurred at the Customer's request.
5 - Payment
Payment of orders on the Website shall be processed by HARDLOOP's payment solutions partner, Stripe, and PayPal.
If the Customer wishes to confirm his/her order at the payment stage, he/she will be automatically redirected to the secure webpage hosted by Stripe or PayPal, based on his/her selection.
For all online payments by credit or debit card, the Customer affirms that he/she has the right to use the card, whose information is provided at the time of order.
The Customer can pay for purchases in the following ways:
credit or debit card: Visa, MasterCard, Carte Bleue, PayPal.
Information relating to the Customer order, including credit or debit card details required to pay for the purchase, are processed automatically.
Automated data processing is used to ensure a secure transaction. Data related to the Customer order is shared with Stripe, the secure payment solution provider and HARDLOOP, the location of the Customer purchase. Non-transmission of Customer order data shall prevent completion and analysis of the transaction.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right of access, correction and objection to all his/her personal data, by submitting a request to HARDLOOP using the contact form.
HARDLOOP reserves the right to check personal information shared by the Customer and to take all necessary measures to verify that the person whose bank account is debited is indeed the person who placed the order, as a means of preventing fraudulent payments. Checks may involve a request for proof of identity and/or address and/or banking documentation (bank account identification document/RIB or cancelled cheque). Failure on the part of the Customer to respond to such a request within two (2) days of the request made by HARDLOOP shall result in automatic cancellation of the order in question, with no subsequent entitlement to make any claim.
HARDLOOP shall also be entitled to directly cancel any order where one or more factors point to fraudulent use of a credit or debit card.
6 - Right of withdrawal and exchange
6.1.Right of withdrawal
The Customer has a statutory period of fourteen (14) full days to exercise his/her right of withdrawal as of the date of receipt of items without the need to give reasons or to pay a penalty. Where an order involves multiple deliveries, the withdrawal period shall run from receipt of the final item by the Customer.
The procedure for exercising the right of withdrawal is set out in Article 6.2.
HARDLOOP shall cover the cost of return under the conditions set out in Article 6.2.
For Swiss customers:
HARDLOOP shall extend the Customer's right of withdrawal by an additional sixteen (16) days, subject to the conditions set out in the paragraph below. In such cases, the withdrawal period available to the Customer will be 30 days.
For English customers:
HARDLOOP shall extend the Customer's right of withdrawal by an additional sixteen (86) days, subject to the conditions set out in the paragraph below. In such cases, the withdrawal period available to the Customer will be 100 days.
6.2.Conditions of withdrawal
The Customer may exercise his/her right of withdrawal using the withdrawal form annexed hereto and by submitting the form within the period stipulated in Article 6.1, or by submitting, by the same procedure and within the same time frame, any other declaration clearly stating his/her intention to withdraw, to the following address: 17, avenue du Pré de Challes - 74 940 Annecy. The Customer may also complete and send his/her withdrawal request via "My Hardloop" on the Website.
Where an order comprises multiple items and the Customer wishes to return more than one item, he/she must clearly state the items for which a refund is requested in the withdrawal form, or select all items for which a refund is requested when making the return request via "My Hardloop".
Once HARDLOOP has processed the withdrawal request, a return label will be sent to the Customer, who may then return his/her parcel free of charge from a local So Colissimo point or post office.
Returned items must be new, unused and in their original box, which should be fully intact.
The Customer must return all items delivered and for which a refund is requested to HARDLOOP without undue delay and within fourteen (14) days of receipt of the return label. The period shall be considered observed where the Customer returns items within the fourteen (14)-day period.
Items returned shall be refunded within fourteen (14) days of the intention to withdraw, including delivery costs (except where the Customer has select a more expensive delivery option than the standard option offered by HARDLOOP).
Where the Customer returns items using a delivery method not approved by HARDLOOP and covers the associated return costs, he/she shall not be entitled to a refund from HARDLOOP.
Furthermore, the refund shall be withheld until items have been collected by HARDLOOP or until the Customer has submitted proof of return dispatch for the items to the following address: 17, avenue du Pré de Challes - 74 940 Annecy. The applicable date shall be that of the first action.
Refunds are issued using the same payment method as that used by the Customer to purchase the items, unless another payment method has been agreed between the Parties.
In any event, this refund shall not result in any charge to the Customer.
6.3.Exchange requests and dispatch of exchange orders
As an alternative to refunding items, the Customer may request to exchange one or more items in his/her order.
In such cases, the Customer should complete and submit an exchange request via "My Hardloop" on the Website.
Where the Customer's order contains multiple items and he/she wishes to exchange more than one item, he/she must select the items to be exchanged via "My Hardloop".
Once HARDLOOP has processed the return request, a return label will be sent to the Customer, who may then return his/her parcel free of charge from a local So Colissimo point or post office.
The return method confirmed by the Customer may not be changed afterwards.
Returned items must be new, unused and in their original box, which should be fully intact.
The Customer must return all items delivered and for which an exchange is requested to HARDLOOP without undue delay and within 100 days of receipt of the return label. The period shall be considered observed where the Customer returns items before the 100-day period has expired.
The exchange order shall be processed within the same time frame as the initial order, once the return is received by our warehouse.
Where the value of the Customer's exchange order is greater than the initial order, he/she may pay the difference online by credit or debit card.
Dispatch of the Customer's exchange order is subject to this payment confirmation.
Where the value of the order exchanged by the Customer is less than the value of the initial order, HARDLOOP shall refund the difference within seven (7) days of receipt of the parcel by our warehouse, if the Customer hands over his/her parcel to a local So Colissimo outlet or post office, using the return label provided for this purpose.
The Customer must retain the proof that he/she will be issued of handover of the parcel.
Where the parcel is lost, the order will not be released, exchanged or refunded without this proof of handover.
The Customer has 100 working days from the date of handover of his/her return parcel to submit any claims regarding his/her return.
No requests will be accepted after this time.
The Customer must submit his/her claim by email via the contact form on the HARDLOOP Customer Services page or by post to the following address: Customer Services, HARDLOOP, 17, avenue du Pré de Challes - 74 940 Annecy.
6.4.Condition of items
All returned items (goods, original packaging, accessories, instructions, etc.) must be returned fully intact.
On receiving the parcel, HARDLOOP shall assess the condition of the returned items. No returns shall be accepted where the items returned show visible signs of use or damage attributable to the Customer and where such damage renders the items unfit for sale.
Where HARDLOOP rejects a return, the items will be returned to the Customer at HARDLOOP's expense. The Customer shall not be entitled to any compensation or refund, with the exception of any subsequent exercise of his/her warranty rights on the items sold.
Where the items returned as part of an exchange show visible signs of use or damage attributable to the Customer and where such damage renders the items unfit for sale, HARDLOOP may initiate recovery action with the Customer.
7 - Transaction security
HARDLOOP makes every effort to ensure the confidentiality and security of data shared on the internet and the https://www.hardloop.co.uk Website.
For such purpose, the Website uses secure online payment solutions Stripe and PayPal.
8 - Customer Services
For all queries and information, please contact HARDLOOP Customer Services:
by telephone Monday to Friday, 9:00am to 7:00pm on +33 (0)1 84 67 14 24 (calls are charged at the national rate when using a landline). For all telephone queries relating to an order or return, the Customer must have his/her order or tracking number ready. This number can be found in the "My Hardloop" Customer account area, by email using the firstname.lastname@example.org contact form; by post to Customer Services, HARDLOOP, 17, avenue du Pré de Challes - 74 940 Annecy.
9 - Liability
HARDLOOP is liable as of right towards the Customer for performance of the contract agreed with the Customer.
However, HARDLOOP accepts no liability for non-performance or improper performance of the contract in the event of force majeure, any act attributable to the Customer or any unforeseen or insurmountable problem intrinsic to the use of the internet, including, but not limited to, service interruption, external interference/hacking or computer viruses.
The HARDLOOP website contains hyperlinks that may direct to other websites. HARDLOOP accepts no responsibility for the content of these websites, should they be in breach of applicable laws and regulations.
HARDLOOP accepts no responsibility for photographs and illustrations accompanying items on our website, which have no contractual value.
10 - Guarantee - Exclusion
The Customer may invoke the statutory conformity guarantee set down in the French Consumer Code, in particular the following articles:
Article L. 217-4: "The seller shall provide a good in accordance with the contract and is responsible for non-conformity existing at the time of delivery. The seller is also responsible for non-conformity caused by the packaging, assembly instructions or installation where the seller was required to do so contractually or has been carried out under his/her responsibility".
Article L. 217-5: "The good conforms to the contract if:
1. It is fit for habitual use expected of a similar good and, where applicable:
- if it meets the description given by the seller and possesses the features presented to the buyer in the form of a sample or model;
- if it has the features that a buyer may legitimately expect in view of public declarations by the seller, manufacturer or its representative, such as in advertising or labelling; or
2. It features properties defined by mutual agreement of the parties or is fit for any special purpose sought by the buyer that is communicated to and approved by the seller".
Article L. 217-12: "Action resulting from the non-conformity is valid for two years from delivery of the good."
HARDLOOP is also responsible for faults affecting the item sold in accordance with Articles 1641 to 1649 of the French Civil Code.
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for its intended use, or which significantly limits such use, such that the buyer would not have bought it, or would have bought it for a lower price, had he or she known".
Article 1648(1) of the Civil Code: "Action resulting from hidden defects must be initiated by the buyer, within two years of discovery of the defect".
In the event of accidental material damage, the guarantee does not cover damage caused by improper use of the item.
Guarantees do not cover the replacement of consumables, breakdowns due to faults with accessories, or faults and the consequences thereof arising from work by a non-approved repairer.
HARDLOOP accepts no responsibility for improper and/or inappropriate use of items on the part of the Customer.
11 - Intellectual property
In accordance with Article 12 of the Website Terms and Conditions of Use, all illustrations, images, presentation formats, designs and typefaces on the Website are and shall remain the exclusive property of HARDLOOP or the holders of rights who have granted a usage right to HARDLOOP.
All reproduction, representation or use of the aforementioned rights by a Customer shall constitute an offence that may result in legal action.
12 - Convention with respect to evidence
It is expressly agreed that the Parties may communicate by email for the purposes of performance of these Terms and Conditions of Sale. The Parties agree that emails exchanged between them shall serve as proof of the nature of their communications and, where applicable, their commitments, including, but not limited to, the transmission and acceptance of orders.
Furthermore, absent evidence to the contrary, data recorded by HARDLOOP shall constitute evidence of communications between HARDLOOP and the Customer.
13 - Entire agreement - Severability
Should one or more clauses in these Terms and Conditions of Sale be ruled null and void, or cease to have binding force or legal effect, such nullity or absence of binding force or legal effect shall not result in the nullity or absence of binding force or legal effect of other clauses in these Terms and Conditions of Sale. All clauses in these Terms and Conditions of Sale are severable.
14 - Force majeure
Neither Party shall be held liable nor incur any obligation of reparation due to harm sustained by the other Party resulting from the non-performance or improper performance of some or all of its contractual obligations, if and only if such non-performance or improper performance results from, or is solely attributable to, an instance of force majeure as defined in Article 1218 of the French Civil Code and in the case law of the Plenary Court of the Court of Cassation.
The Party who wishes to invoke an instance of force majeure must notify the other Party by email as soon as it becomes aware of it and within five (5) days of its occurrence.
15 - Applicable law
These Terms and Conditions of Sale are subject to French law.
16 - Disputes
The Customer shall be notified of the opportunity, in the event of a dispute, to enter into a process of mediation or an alternative method of dispute resolution.
The Customer may refer a case to a judicial conciliator free of charge. A list of judicial conciliators is available at https://www.conciliateurs.fr/.
In the event of failure to reach an amicable resolution, the dispute shall be referred to the competent French courts.