General conditions of sale and use
Article 1. Acceptance of the T&Cs
Placing an order on the site automatically entails the buyer's full and unreserved acceptance of these General Terms and Conditions, which the buyer acknowledges having read prior to placing his order.
Shoptcrampons reserves the right to modify the T&Cs at any time. As a result, the applicable T&Cs will be those in effect on the date of the order by the buyer.
The T&Cs, in their latest updated version, are available at any time on the site.
Article 2. Products
The products offered are those that appear on the site. Each product is presented in the form of a description including its essential characteristics, including their unit price including tax.
Article 3. Rates
Product prices are freely accessible on the site. Prices are in euros (€), all taxes included (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
Shoptcrampons reserves the right to modify its prices at any time, it being understood however that the price displayed on the site on the day of the order will be the only one applicable to the order placed by the buyer.
The prices indicated do not include delivery costs, which are charged in addition to the price of the products purchased according to the total weight of the order. They are added to the total amount of the basket before the buyer validates the order.
Invoices are issued by Shoptcrampons and are sent to the customer by email to the billing address provided, after receipt of payment.
Article 4. Order and payment terms
Creating a personal account
The account creation section is accessible directly from the menu bar and involves entering a strictly personal and confidential username and password.
Orders do not necessarily imply the creation of an account. However, the personal account allows the buyer to consult the status of his current orders, the history of his past orders as well as the information contained in his profile.
Method of placing orders
The buyer selects and adds the product(s) he wishes to order to the "basket". The total amount including tax of the products placed in the basket, excluding delivery costs, is automatically calculated. The basket can be validated, modified or emptied at any time, until the order is confirmed by the buyer.
Once the shopping cart is validated, the buyer checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier.
In order to validate his order, the buyer must read and accept these General Terms and Conditions by checking the corresponding box, click on the “Confirm my order” button and proceed to payment of the order.
Completion of the banking transaction constitutes final validation of the order.
Once payment has been made, the buyer receives an email confirming that their order has been received.
Article 5. Reservation of ownership and transfer of risk
Shoptcrampons retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
The transfer of risk of loss or deterioration of the products occurs upon delivery of the order to the address indicated by the buyer.
Article 6. Withdrawal
Under Article L.221-18 of the Consumer Code, the buyer has a period of fourteen (14) days to exercise his right of withdrawal.
The period runs from the receipt of the goods by the buyer. In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part.
To exercise the right of withdrawal, the buyer must follow the instructions in the "Return Request" tab at the bottom of the site. The buyer can also use the withdrawal form template in the appendix, but this is not mandatory.
In order for the withdrawal period to be respected, the buyer must send his communication relating to the exercise of the right of withdrawal to Shoptcrampons before the withdrawal period expires.
Shoptcrampons acknowledges receipt of the buyer's withdrawal request.
The buyer returns the products subject to withdrawal (in their original packaging and wrapping) to Shoptcrampons within fourteen (14) days of communicating his decision to withdraw. This deadline is deemed to have been respected if the products are returned before the expiry of the fourteen-day period.
The cost of returning the products is the responsibility of the buyer.
Shoptcrampons will reimburse the products no later than fourteen days from the date on which it is informed of the consumer's decision to withdraw or from the date on which the buyer confirms to Shoptcrampons proof of shipment of the products.
In accordance with Article L. 221-23 of the Consumer Code, the buyer is informed that his liability may only be incurred in the event of depreciation of the products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.
Article 7. Delivery
Deliveries are made to the address indicated by the buyer at the time of ordering or to the address of the relay point if their choice of delivery implies this.
Alternatively, the buyer can collect the products ordered in store, within fifteen (15) days from the validation of the order on the site, at no additional cost. The order confirmation email and proof of identity will be required.
Orders are made by carrier, with tracking. The tracking number will be communicated to the buyer by email.
Article 8. Return
The product(s) ordered may be returned within fourteen (14) working days from the date of receipt, at the buyer's expense.
The item(s) must be returned in their original packaging and sent by post to Shoptcrampons, at the store's address. Return shipping costs are the buyer's responsibility.
Only items in their original condition will be exchanged and refunded.
Article 9. Warranty
Shoptcrampons is liable for defects in the conformity of products to the General Terms and Conditions under the conditions of Article L. 211-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
When acting under the legal guarantee of conformity, the buyer:
- has a period of two years from the date of creation of the product to take action (notified on the product label);
- may choose between repair or replacement of the product, unless the chosen option results in a cost for Shoptcrampons that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In this case, Shoptcrampons may proceed according to the option not chosen by the buyer;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months.
The buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The implementation of legal guarantees is carried out by the buyer sending a registered letter with acknowledgment of receipt specifying the subject of the guarantee request.
Shoptcrampons will provide a response to the buyer as soon as possible, specifying the practical arrangements.
Article 10. Liability
The buyer is informed of the essential characteristics of the products, in accordance with article 2 of the General Terms and Conditions.
Shoptcrampons cannot be held responsible for any use of the products not in accordance with their intended purpose, as described on the packaging or instructions for use.
Shoptcrampons, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 11. Intellectual Property
All graphic, textual and visual elements of the site remain the property of Shoptcrampons. No one is authorized to reproduce, exploit, or use in any capacity
whether they are, even partially, elements of the site, whether in the form of a photo, logo, visual or text.
Article 12. Personal data
As part of the sale of products through the site, the buyer is informed that Shoptcrampons is required to process certain personal data concerning him/her, in particular his/her surname, first name, telephone number, e-mail address, delivery and/or billing address.
This data is collected and processed for the purposes of processing, managing and invoicing the order as well as to allow the buyer to access order tracking in their personal account.
Shoptcrampons undertakes to preserve the confidentiality of all information provided by the buyer in this context.
The buyer is invited to read the Shoptcrampons confidentiality policy accessible via the following link Confidentiality in order to know the terms of exercising his rights as well as the guarantees implemented to protect and secure his data.
In accordance with the provisions of Article L. 223-2 of the Consumer Code, Shoptcrampons informs the buyer of their right to register on the telephone canvassing opt-out list known as “Bloctel”.
Article 13.Force majeure
In the event of the occurrence of a case of force majeure within the meaning of Article 1218 of the Civil Code, i.e. beyond the control of Shoptcrampons, which could not reasonably have been foreseen when concluding the General Terms and Conditions and the effects of which cannot be avoided by appropriate measures, and making the execution of the order impossible, Shoptcrampons shall inform the buyer within 24 hours of the occurrence of the event, by any means.
The execution of the T&Cs is suspended.
If the event lasts more than 30 calendar days from its occurrence, the order is cancelled and Shoptcrampons will refund the sums paid by the buyer for the order in question.
Article 14. Dispute Resolution
The T&Cs are subject to French law.
In the event of a dispute, the buyer submits any request to Shoptcrampons by registered letter with acknowledgment of receipt for the purpose of amicable resolution of the dispute.
The buyer is informed that he can contact the CNPM mediator - CONSUMER MEDIATION - 27 avenue de la Libération - 42400 SAINT-CHAMOND.
In the absence of satisfaction within one (1) month from receipt of the complaint by Shoptcrampons and in accordance with Articles L.616-1 and R.616-1 of the Consumer Code, the buyer is informed that he can contact the CNPM mediator - CONSUMER MEDIATION. In the event of a dispute, the buyer can file his complaint on his site: [https://cnpm-mediation-consommation.eu](https://cnpm-mediation-consommation.eu) or by post by writing to CNPM - CONSUMER MEDIATION - 27 avenue de la Libération - 42400 Saint-Chamond.
The buyer can also access the European online dispute resolution (ODR) platform via the following link: [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR](https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR).
In the absence of an amicable solution, any dispute concerning the application of the General Terms and Conditions, in particular their interpretation and execution, will be brought before the territorially competent court.
Article 15. Miscellaneous
The fact that Shoptcrampons does not assert at any given time any of the clauses of the General Terms and Conditions cannot be interpreted as a waiver of the right to assert them at a later date. Similarly, the invalidity of any of the clauses of these conditions will not affect the validity of the other clauses.
If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.
Appendix: Withdrawal form for a distance purchase (on the internet, by mail, teleshopping or telephone)
For the attention of:
Shoptcrampons
43370 Cussac-sur-Loire
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate
Placing an order on the site automatically entails the buyer's full and unreserved acceptance of these General Terms and Conditions, which the buyer acknowledges having read prior to placing his order.
Shoptcrampons reserves the right to modify the T&Cs at any time. As a result, the applicable T&Cs will be those in effect on the date of the order by the buyer.
The T&Cs, in their latest updated version, are available at any time on the site.
Article 2. Products
The products offered are those that appear on the site. Each product is presented in the form of a description including its essential characteristics, including their unit price including tax.
Article 3. Rates
Product prices are freely accessible on the site. Prices are in euros (€), all taxes included (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
Shoptcrampons reserves the right to modify its prices at any time, it being understood however that the price displayed on the site on the day of the order will be the only one applicable to the order placed by the buyer.
The prices indicated do not include delivery costs, which are charged in addition to the price of the products purchased according to the total weight of the order. They are added to the total amount of the basket before the buyer validates the order.
Invoices are issued by Shoptcrampons and are sent to the customer by email to the billing address provided, after receipt of payment.
Article 4. Order and payment terms
Creating a personal account
The account creation section is accessible directly from the menu bar and involves entering a strictly personal and confidential username and password.
Orders do not necessarily imply the creation of an account. However, the personal account allows the buyer to consult the status of his current orders, the history of his past orders as well as the information contained in his profile.
Method of placing orders
The buyer selects and adds the product(s) he wishes to order to the "basket". The total amount including tax of the products placed in the basket, excluding delivery costs, is automatically calculated. The basket can be validated, modified or emptied at any time, until the order is confirmed by the buyer.
Once the shopping cart is validated, the buyer checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier.
In order to validate his order, the buyer must read and accept these General Terms and Conditions by checking the corresponding box, click on the “Confirm my order” button and proceed to payment of the order.
Completion of the banking transaction constitutes final validation of the order.
Once payment has been made, the buyer receives an email confirming that their order has been received.
Article 5. Reservation of ownership and transfer of risk
Shoptcrampons retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
The transfer of risk of loss or deterioration of the products occurs upon delivery of the order to the address indicated by the buyer.
Article 6. Withdrawal
Under Article L.221-18 of the Consumer Code, the buyer has a period of fourteen (14) days to exercise his right of withdrawal.
The period runs from the receipt of the goods by the buyer. In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part.
To exercise the right of withdrawal, the buyer must follow the instructions in the "Return Request" tab at the bottom of the site. The buyer can also use the withdrawal form template in the appendix, but this is not mandatory.
In order for the withdrawal period to be respected, the buyer must send his communication relating to the exercise of the right of withdrawal to Shoptcrampons before the withdrawal period expires.
Shoptcrampons acknowledges receipt of the buyer's withdrawal request.
The buyer returns the products subject to withdrawal (in their original packaging and wrapping) to Shoptcrampons within fourteen (14) days of communicating his decision to withdraw. This deadline is deemed to have been respected if the products are returned before the expiry of the fourteen-day period.
The cost of returning the products is the responsibility of the buyer.
Shoptcrampons will reimburse the products no later than fourteen days from the date on which it is informed of the consumer's decision to withdraw or from the date on which the buyer confirms to Shoptcrampons proof of shipment of the products.
In accordance with Article L. 221-23 of the Consumer Code, the buyer is informed that his liability may only be incurred in the event of depreciation of the products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.
Article 7. Delivery
Deliveries are made to the address indicated by the buyer at the time of ordering or to the address of the relay point if their choice of delivery implies this.
Alternatively, the buyer can collect the products ordered in store, within fifteen (15) days from the validation of the order on the site, at no additional cost. The order confirmation email and proof of identity will be required.
Orders are made by carrier, with tracking. The tracking number will be communicated to the buyer by email.
Article 8. Return
The product(s) ordered may be returned within fourteen (14) working days from the date of receipt, at the buyer's expense.
The item(s) must be returned in their original packaging and sent by post to Shoptcrampons, at the store's address. Return shipping costs are the buyer's responsibility.
Only items in their original condition will be exchanged and refunded.
Article 9. Warranty
Shoptcrampons is liable for defects in the conformity of products to the General Terms and Conditions under the conditions of Article L. 211-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
When acting under the legal guarantee of conformity, the buyer:
- has a period of two years from the date of creation of the product to take action (notified on the product label);
- may choose between repair or replacement of the product, unless the chosen option results in a cost for Shoptcrampons that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In this case, Shoptcrampons may proceed according to the option not chosen by the buyer;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months.
The buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The implementation of legal guarantees is carried out by the buyer sending a registered letter with acknowledgment of receipt specifying the subject of the guarantee request.
Shoptcrampons will provide a response to the buyer as soon as possible, specifying the practical arrangements.
Article 10. Liability
The buyer is informed of the essential characteristics of the products, in accordance with article 2 of the General Terms and Conditions.
Shoptcrampons cannot be held responsible for any use of the products not in accordance with their intended purpose, as described on the packaging or instructions for use.
Shoptcrampons, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 11. Intellectual Property
All graphic, textual and visual elements of the site remain the property of Shoptcrampons. No one is authorized to reproduce, exploit, or use in any capacity
whether they are, even partially, elements of the site, whether in the form of a photo, logo, visual or text.
Article 12. Personal data
As part of the sale of products through the site, the buyer is informed that Shoptcrampons is required to process certain personal data concerning him/her, in particular his/her surname, first name, telephone number, e-mail address, delivery and/or billing address.
This data is collected and processed for the purposes of processing, managing and invoicing the order as well as to allow the buyer to access order tracking in their personal account.
Shoptcrampons undertakes to preserve the confidentiality of all information provided by the buyer in this context.
The buyer is invited to read the Shoptcrampons confidentiality policy accessible via the following link Confidentiality in order to know the terms of exercising his rights as well as the guarantees implemented to protect and secure his data.
In accordance with the provisions of Article L. 223-2 of the Consumer Code, Shoptcrampons informs the buyer of their right to register on the telephone canvassing opt-out list known as “Bloctel”.
Article 13.Force majeure
In the event of the occurrence of a case of force majeure within the meaning of Article 1218 of the Civil Code, i.e. beyond the control of Shoptcrampons, which could not reasonably have been foreseen when concluding the General Terms and Conditions and the effects of which cannot be avoided by appropriate measures, and making the execution of the order impossible, Shoptcrampons shall inform the buyer within 24 hours of the occurrence of the event, by any means.
The execution of the T&Cs is suspended.
If the event lasts more than 30 calendar days from its occurrence, the order is cancelled and Shoptcrampons will refund the sums paid by the buyer for the order in question.
Article 14. Dispute Resolution
The T&Cs are subject to French law.
In the event of a dispute, the buyer submits any request to Shoptcrampons by registered letter with acknowledgment of receipt for the purpose of amicable resolution of the dispute.
The buyer is informed that he can contact the CNPM mediator - CONSUMER MEDIATION - 27 avenue de la Libération - 42400 SAINT-CHAMOND.
In the absence of satisfaction within one (1) month from receipt of the complaint by Shoptcrampons and in accordance with Articles L.616-1 and R.616-1 of the Consumer Code, the buyer is informed that he can contact the CNPM mediator - CONSUMER MEDIATION. In the event of a dispute, the buyer can file his complaint on his site: [https://cnpm-mediation-consommation.eu](https://cnpm-mediation-consommation.eu) or by post by writing to CNPM - CONSUMER MEDIATION - 27 avenue de la Libération - 42400 Saint-Chamond.
The buyer can also access the European online dispute resolution (ODR) platform via the following link: [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR](https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR).
In the absence of an amicable solution, any dispute concerning the application of the General Terms and Conditions, in particular their interpretation and execution, will be brought before the territorially competent court.
Article 15. Miscellaneous
The fact that Shoptcrampons does not assert at any given time any of the clauses of the General Terms and Conditions cannot be interpreted as a waiver of the right to assert them at a later date. Similarly, the invalidity of any of the clauses of these conditions will not affect the validity of the other clauses.
If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.
Appendix: Withdrawal form for a distance purchase (on the internet, by mail, teleshopping or telephone)
For the attention of:
Shoptcrampons
43370 Cussac-sur-Loire
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate