GENERAL TERMS & CONDITIONS OF SALE
1. SUBJECT OF CONTRACT: GENERAL PROVISIONS & SCOPE OF APPLICATION
These general conditions of sale define the rights and obligations of MY RACKETS and of the Customer in regards to the products presented by MY RACKETS on its website www.mytennislab.com (hereinafter referred to as "the Site"). They apply exclusively between the company MY RACKETS LTD, Ebenezer House, 5a Poole Road, Bournemouth, Dorset, BH2 5QJ, United Kingdom, Company registered in the UK Trade Register under number 10747519 (hereinafter referred to as « we », « MYTENNISLAB ». « mytennislab.com », « My Rackets » or « My Rackets Ltd ») and any physical human consumer visiting or making a purchase via the website itself (hereinafter referred to as "the Customer").
On the Site, MYTENNISLAB allows the customer to order online sports products from different brands (hereinafter referred to as "the Product(s)") according to the present terms and conditions.
Any order placed via MYTENNISLAB therefore entails the unconditional acceptance by the Customer of these conditions. MYTENNISLAB reserves the right to modify the current general conditions at any time without notice; the applicable conditions are those in effect on the date of the order by the Customer.
The in effect general conditions of sale are available permanently via the following address:
https://mytennislab.com/en/content/3-terms-and-conditions in a digital format modified for printing and/or downloading, so that the Customer may reproduce or save them at any time.
2. PRODUCTS AND COMPLIANCE
2.1. The presentation of goods in the online shop constitutes an offer without obligation on the part of the seller to conclude a contract. It only invites the customer to make an offer by placing an order. The customer can view the order history in his user account.
2.2. The products and services offered are those listed in the catalogue published on the Mytennislab website. These products and services are offered within the limits of available stocks.
2.3. The products on sale are presented on the website of MYTENNISLAB and accompanied by a description.
2.4. Products offered by MYTENNISLAB comply with the applicable standards in France.
Elements such as images, text, graphics and all the information and characteristics illustrating and/or accompanying the products are not contractual, which the Customer acknowledges. The photographs in the catalogue are as accurate as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colours.
As such, MYTENNISLAB does not incur any liability for error or omission of any of these items or in case of modification of said elements by suppliers and/or publishers.
3. CLIENT'S OBLIGATIONS
3.1. The Customer declares be at least 18 years of age and to have the legal capacity or hold parental permission allowing themselves to place an order on the Site.
3.2. The Customer undertakes to provide MYTENNISLAB elements of real and necessary information for the performance of the intended service of the present conditions as requested online and relevant to their situation, including a valid first name, last name, address, phone and email address.
The Customer is responsible for any consequences deriving from any false or inaccurate information transmitted in which the return might be unlawful.
3.3. Once the order has been placed, MYTENNISLAB addresses an email to the Customer confirming it. It informs of the sending and the tracking of the Products.
3.4. The Customer may modify their personal information under the "My Account" section.
4.1. All orders will be confirmed after acceptance of payment.
4.2. MYTENNISLAB eserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
4.3. MYTENNISLAB can accept orders within the limits of available stocks. It informs the Customer of the availability of products sold on the Site at the time of order confirmation.
If, despite the vigilance of MYTENNISLAB, products are unavailable, MYTENNISLAB will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and refund, if applicable, the amounts already paid.
The permanent or temporary unavailability does not in any way engage the responsibility of MYTENNISLAB, nor does it imply any right to compensation or damages in favour of the Client.
4.4. The choice of one or more products generates their deposit in the virtual cart. Viewing the shopping cart provides an overview of all the products in it. In addition, it is possible to modify the number of products ordered, but also to delete an ordered product. After clicking on the "Order" button, you will be asked to enter the necessary shipping information and choose a payment method. Before the finalization of the order, you will be presented with a summary of all the information relating to the order. By clicking the "Pay" button, the order process will be finalized and the order recorded.
4.5. By sending the order to the online shop, the customer issues a firm proposal to conclude a purchase contract for the goods in the basket. The sending of the order confirms that the customer accepts these conditions of sale as the only authentic conditions to govern his relationship with the seller.
4.6. The seller confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet constitute acceptance of the contract offer by the seller. It is only used to inform the customer that the order is recorded with the seller. The declaration of acceptance of the offer of contract shall only take effect within two days by delivery of the goods or an express declaration of acceptance.
The prices displayed on the Site are indicated including tax charges (VAT and any taxes eventually applicable), excluding shipping costs, order processing costs and packaging costs.
The shipping costs, order processing costs and packaging costs will be included in the basket of the Customer, before final confirmation of the order.
Prices can be modified at any time without notice and especially in the event of change of tax or economic data. The items will be billed based on rates in effect at the time of registration of the order.
MYTENNISLAB delivers its products within France and to all countries of the European Union and can deliver on demand to any country worldwide.
Products are shipped with the delivery form to the shipping address provided by the customer when ordering. The delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are target dates, corresponding to the average processing time and delivery. So that these deadlines are respected, the Customer must ensure that you have provided complete and accurate information concerning the delivery address (such as including: street number, building, stairs, access codes, names and/or interphone numbers, etc.).
In case of late delivery of more than 7 working days, if the product has not been shipped, the Customer may terminate the order by registered letter with acknowledgment of receipt and request a refund of his order.
S If the item was shipped before receiving the order cancellation for late delivery of more than 7 days, MYTENNISLAB will refund the item and shipping charges upon receipt thereof, complete in its original condition and with all labels intact.
MYTENNISLAB undertakes to inform the Customer of the evolution of the order processing.
In case of damaged delivery (already open, missing products...), the Customer shall notify the carrier and MYTENNISLAB, by any means, under all reserve within 3 days of receipt of the product.
MYTENNISLAB cannot be held responsible for consequences due to delayed delivery that are not of their making.
As you can see on our product sheets, we indicate if the desired products are available at the time of your order or if they are in stock. This allows us to deliver your order as soon as possible.
Orders placed before 14:00 are processed and sent the same day. Orders placed after this time are shipped within 24 hours after receipt of your payment.
p>FREE DELIVERY TO FRANCE ON ORDERS OVER 59 EUROS, otherwise following prices apply for France:
FEES FOR DELIVERY IN FRANCE
|Transport||Order under 59€||Order between 59€ and 69€||Order over 69€|
|Colissimo Point Relais||5.95€||FREE||FREE|
|Colissimo at home without signature||6.50€||6.50€||FREE|
|Colissimo at home with signature||8.00€||8.00€||3.00€|
FREE DELIVERY FOR ORDERS OVER 100 EUROS IN GERMANY, BELGIUM AND LUXEMBURG. 5 EUROS FOR SWITZERLAND
- For any order over 100 euros, we offer home delivery without signature.
- For Switzerland, the shipping costs are 5€.
- For an order grouping several brands, you may receive your order in several packages. However, the delivery rate does not change.
- For any order, we use our service provider Colissimo which will allow you to receive your under parcel within 72 hours at your address.
- Delivery times are given for information only, we are not responsible for non-compliance with delivery times by the carrier.
FEES FOR DELIVERY IN GERMANY, BELGIUM, LUXEMBURG AND SWITZERLAND
|Transport||Order under 69€||Order between 69€ and 100€||Order over 100€|
|Colissimo Point Relais||9.95€||6.95€||FREE (5.00€ for Switzerland)|
|Colissimo at home without signature||10.95€||7.95€||FREE (5.00€ for Switzerland)|
|Colissimo at home with signature||11.95€||8.95€||6.00€|
FEES FOR DELIVERY ANYWHERE ELSE IN EUROPE
|Transport||Order under 69€||Order over 69€|
|Colissimo Point Relais||13.00€||8.00€|
|Colissimo at home with signature||15.00€||10.00€|
SHIPMENT IN THE REST OF THE WORLD
FIXED FEE FOR THE DOM-TOM : 20.00€
FIXED FEE FOR OTHER COUNTRIES : 28.00€
Full payment must be made when placing an order. At no time may payments be considered as a deposit or instalments. Customers can pay their order by credit card (Visa, Eurocard/MasterCard, American Express), via PayPal or by bank wire in accordance with the provisions of this Article.
For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and the security code on the back of the card (last three digits).
The communication by the Customer of his or her credit card number is authorization for MYTENNISLAB to debit its account by the amount of the order.
Les données de votre carte bancaire ne sont pas enregistrées mais uniquement utilisées aux fins de la transaction actuelle.
No sending of cash on delivery will be accepted, whatever the reason.
MYTENNISLAB retains ownership of the item until full payment by the Customer has been made. Purchases are made in a secure manner. Payment solutions adopted by MYTENNISLAB are 100% secure. For payments by a banking card (credit card, visa and e-carte bleu), all the information that Customers communicate with MYTENNISLAB are strictly protected and guarantee the accuracy and security of each transaction.
MYTENNISLAB uses a third party partner to process payments. To this extent, the seller accepts payments to such third parties. Credit card transactions are carried out by Stripe with an address in France at 14, rue Saint Fiacre, 75002 Paris.
8. RETURNS OF PRODUCTS
RIGHT OF RETRACTION
Within thirty (30) days from receipt of the order, the customer may request MYTENNISLAB to return the product(s).
To exercise your right of retraction, you must inform us (firstname.lastname@example.org) of your decision to revoke this contract by an express declaration. To do this, you can use the model retraction form, which is not required.
Sending the message on the exercise of your right of retraction before the expiry of the retraction period is sufficient to comply with the retraction period.
The return costs are to be borne by the customer unless MYTENNISLAB delivered a damaged or different item from the item ordered
The return is at the risk of the Customer. The Product must be returned within 30 days in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return notice, to the following address:
My Squash SARL - Olivier Gracia
19, rue Joseph et Etienne Montgolfier
The returned Product will be refunded within a maximum of fifteen (15) days of its receipt by MYTENNISLAB by a credit of the amount to be reimbursed to the bank account of the Customer.
Upon non-compliance by the Customer of these conditions, notably of the conditions of return, MYTENNISLAB will not proceed with the refund for the Products concerned.
If you wish to revoke this contract, please complete this form and return it to us.
TO: My Rackets Ltd
Ebenezer House, 5a Poole Road,
Bournemouth, Dorset, BH2 5QJ,
Mail : email@example.com
I/we hereby revoke (revoke) the contract I/we have concluded for the purchase of the following goods (*)/provision of the following services (*)
- Ordered on (*)/received on (*) ______________________________
- Consumer's name: ______________________________
- Consumer's address: ______________________________ _____________________________ ______________________________
- Signature of the consumer (only for paper shipments): _______________________________
- Date :
(*) Delete as appropriate.
MYTENNISLAB has, for all stages of access to the site, from the process of ordering to the shipment of the package or subsequent services, an obligation of means. The responsibility of MYTENNISLAB can not be held liable for all inconveniences or damages inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with law and jurisprudence.
The legal guarantee against hidden defects applies to all our products.
10.1. Vouchers cannot be purchased, they are distributed as part of advertising campaigns. They are only valid for a given period of time. Once used or after the period of validity has expired, the voucher lapses. Some products may be excluded from the promotional voucher.
10.2. For administrative reasons, it is not possible to refund any residual values of the voucher or credit. If the value of the voucher or credit is not sufficient for the order, the difference in amount can be paid by the payment methods offered.
10.3. The collection of vouchers and credits must take place before the finalization of the order process. Subsequent consideration is not possible.
10.4. Vouchers and credits may not be transferred to third parties. The combination of several vouchers is excluded.
10.5. Vouchers are not refunded, if the merchandise is returned in part or in whole. MYTENNISLAB disclaims any responsibility for the loss or theft of promotional vouchers.
11. PROPRIÉTÉ INTELLECTUELLE
In no case, the customer is allowed to download or modify all or part of the Site and its contents (listed products, descriptions, images, videos ...).
This Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of MYTENNISLAB.
In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, will remain the full property of MYTENNISLAB.
The Customer is therefore obliged to respect intellectual property rights and will not in any way use the trademarks appearing on the Site and on the Products in any eventuality, or deposit a trademark that would prejudice the rights of the owner unless otherwise stated by contract.
It is the same for any other right of intellectual property.
MYTENNISLAB agrees to only use the confidential information of its Customers in the case of operation of its website.
In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge.
As such, the information may be disclosed to the technical providers of MYTENNISLAB.
Moreover, MYTENNISLAB is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.
According to the law of 6 January, 1978 amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data in the files of MYTENNISLAB. All requests must be sent by email to firstname.lastname@example.org or by mail to the following address: My Rackets Ltd, Ebenezer House, 5a Poole Road, Bournemouth, Dorset, BH2 5QJ, United Kingdom.
13. FORCE MAJEURE
In the event of a force majeure event, the party concerned shall notify the other within fifteen (15) days from the occurrence of the event by registered letter with acknowledgment of receipt.
Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the course of jurisprudence and French courts, total or partial strikes, lockouts, riots, boycotts or other actions in industrial or disputes commercial, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, telecommunications blocking, including wired and wireless telecommunications networks, and other cases independent of the will of the parties preventing normal execution of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned shall be terminated automatically without indemnity to one or other of the parties.
14. GENERAL PROVISIONS
NON PARTIAL VALIDITY OF CLAUSE
If any provision of these present conditions is declared invalid or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of other stipulations.
These general conditions can be modified at any time without notice by MYTENNISLAB, the applicable conditions are those in effect on the date of the order by the Customer.
These general conditions of sale are available permanently at the following address: https://mytennislab.com/en/content/3-terms-and-conditions in a digital format modified for printing and/or downloading, so the Customer may reproduce or save them at any time.
APPLICABLE LAW - JURISDICTION
These general conditions are subject to English law concerning the substantive rules as the rules of form. Any dispute will be subject to a preliminary attempt at an amicable settlement.
In the absence of an amicable settlement, jurisdiction is given to the competent English courts, notwithstanding multiple defendants or introduction of third parties.
ACCESS TO THE CONTENT OF THE CONTRACT
We save the text of the contract and send you the order information by e-mail. You can consult the T&Cs at any time. Old orders can be viewed in your user account.
The contracts concluded on our website (data relating to your order and General Terms and Conditions in force on the day of your order) are archived for a period of 10 years. You can access the archived contracts by sending a request by e-mail to email@example.com or by post:
My Rackets Ltd, Ebenezer House, 5a Poole Road, Bournemouth, Dorset, BH2 5QJ, United Kingdom
If one of the clauses of the present general terms and conditions of sale should prove null and void or have no effect, the validity of the other clauses shall not be affected.
My Rackets Ltd,
Ebenezer House, 5a Poole Road,
Bournemouth, Dorset, BH2 5QJ,
UK trade register: 10747519
Managing Director: Olivier Gracia
Update Date: November 2018