Sales Terms and Conditions
Article 1. OBJECT
The following Terms and Conditions (« T&C ») structure all the transactions done through our e-shop on www. incurvo-holds.com (the « Website »), between InCurvo, the « Brand », which headquarters are located in France, and any physical individual or any company who may place an order on the Website (the “Client”). All the products listed on the Website (the “Products”) are meant to be used either for personal activities or for commercial activities. The T&C prevail over any other conditions that may appear on any other document. Each and every single order placed by the Client implies the full acceptance of the T&C, the Client thereof acknowledges that (s)he is fully aware of these T&C.
InCurvo keeps the right to modify at anytime the T&C. Nevertheless, the sole applicable T&C are those existing at the time at which the Client placed an order on the Website.
Article 2. ORDER
The Products Price, indicated in USD or in EUR depending on the localisation of the Client, are those existing at the time at which the Client places a pre-order on the website.
They don’t include the shipment costs, billed on top of the Products Price, and those costs on the total value amount of the order, on the nature of the order and on the localisation of the delivery site. The Product Prices and the shipment costs are indicated to the Client before the final confirmation of the order.
The prices do not include the applicable taxes.
The prices can be modified at anytime by the Brand. The applicable prices are those indicated to the Client after the pre-order step, before the final confirmation of the order by the Client.
2.2. Products features
The Client can, before placing any order, consult the Product(s) features on the Website. The Client selects one or several Products across the different collections available on the Website. The Products sold on the Website can be ordered in various quantity and colors while the lead time for delivery of the Products will depend on the existing stock level, on the production load, and on the total size of the order.
To place a pre-order on the Website, the Client must go through the following steps:
– Select the Product(s) by indicating the quantity and the color, then clicking on « Add to cart »
– Click on “View cart” to check the pre-order, in order to rectify any potential mistake. The Client is redirected to “Cart” page. A recap will be displayed, detailing clearly the pre-order, and especially the Product(s) references, the related quantity and color, the estimated price before shipment. The Client can change the quantities in his / her cart by clicking on the arrows next to the quantity. The arrows appear when placing the mouse pointer on the quantity number. When the Client has completed the change of the quantities, (s)he clicks on “Update cart” in order to implement the rectifications. The Client can also return to the “Boutique” page if (s)he wants to add new Products to the cart. The Client can view his / her cart at anytime before placing the pre-order. The Client can enter a coupon code if (s)he has one.
– Click on “Proceed to checkout” to place the pre-order. The Client is redirected to the “Confirmation of order” page. The Client enters his / her contact details. The Client double checks his / her order to make sure that his / her order is correct. The Client is encouraged to read the sales terms and conditions in order to check the box “I have read and agree to the website terms and conditions”. To read these terms and conditions, the Client can click on the hyperlink located in this sentence next to the check box, or on the hyperlink “Sales Terms & Conditions” located in the page footer. By clicking the check box “I have read and agree to the website terms and conditions”, the Client confirms that (s)he gives his / her full acceptance of the sales terms and conditions. By clicking on the button “Place pre-order”, the Client acknowledges that (s)he is placing his / her pre-order.
– On the checkout page, the message specifying that InCurvo sales team will contact the Client appears below “Place pre-order”. Once the pre-order is placed by the Client, and within 7 days after confirmation of the order on the Website, the Client will be contacted by the Brand who will communicate the lead time for delivery of the Products ordered as well as the shipment fees for his / her order. If the prices have changed, the Client will be provided with the latest price list and total order price. The Client can accept or refuse to confirm his / her order once the updated price, expected shipment date and the shipment costs are communicated. By accepting the updated price, expected shipment date and the shipment cost, the Client acknowledges that the payment must be done. This is to acknowledge the “Confirmation of order”. The Client will be informed when his / her order is ready for shipment and will receive the related shipment tracking number. No order confirmed can be modified or cancelled once the cancellation period is over.
Article 3. PAYMENT
The payment of the order can be done by wire transfer: within 24 hours after the Client placed his / her order, the Brand will contact the Client to provide the bill and payment information.
The order will be validated and prepared according to the terms agreed, upon collection of the payment. All the details to proceed to the wire transfer will be provided to the Client when the Client confirms the order. The Client must proceed to wire transfer within seven (7) days after confirmation of the order. If the payment is not collected within seven (7) days, the order will be automatically cancelled. A reminder mail will be sent to the Client by the Brand, three (3) days after confirmation of the order.
Article 4. PROOFING
The data collected by the Brand are proofs about the transactions that happened between the Brand and the Client. The data collected by the payment system are the proofs of the financial transaction between the Brand and the Client.
Article 5. DELIVERY
When contacted by InCurvo, the Client can choose the delivery mode according to the Incoterms® 2020. The Client is fully in charge of providing the accurate delivery address to the Brand at the “Confirmation of order” step. Once the order is confirmed, the Client shall not modify the delivery address.
The Client shall keep and archive the delivery bond signed upon delivery. The Client has the right to refuse the parcel if the parcel is clearly damaged and shall be entitled for claims to be addressed to the Brand. As such, the Client must notify the Brand about any claims within three (3) days after collection of the parcel, using this email address: email@example.com. Then, the Client may be entitled to refund or repair as detailed in the conditions of the Article 8. Without any claim addressed by the Client to the Brand within the stated period previously mentioned, the Brand shall not be entitled to proceed to any refund or repair. The Brand shall not be held responsible for any delay in delivery in case of (i) force majeure, (ii) Client’s mishandling of the Products; (iii) mishandling of the Products by the freight-forwarder.
Once the parcel is collected, the Client shall also check that the content of the parcel matches with his / her order. In case of non-conformity of the Product(s), in terms of content or quantity as detailed in the delivery bond, the Client must inform the Brand by email (firstname.lastname@example.org) and upon instructions provided by InCurvo, the Client may return the Product(s) as detailed in the conditions of the Article 8.
If the delivery of the parcel can’t be completed due to the address specified by the Client, and when applicable, the Client will have to indicate to the Brand another delivery site and pay for the additional shipment costs related to this change.
Article 6. REIMBURSEMENT – CANCELLATION
Within fourteen (14) calendar days after collection of the order, or within the applicable period as per the Law in the country of the Client, the Client can use his / her cancellation rights by using the contact form available on the Website, and ask for reimbursement. If the period gets over on a Saturday, a Sunday or a national holiday, the period is extended to the next working day. Then, the Brand shall not be entitled to reimburse any shipment costs.
The Client will have to ship back the Product(s) within fourteen (14) calendar days after the day on which (s)he expresses his / her intent to use his / her cancellation right. The shipment address is indicated in Article 8. The shipment costs are at the expense of the Client.
The Brand commits to reimburse the Client any Product, or to replace any Product, that may showcase a hidden or non-hidden defect making it improper for use. In this case, the Client will have to detail by email the issues identified (email@example.com) and to ship back the Product(s) together with the order ID. The Brand will then proceed to the reimbursement or to the replacement of the Product(s).
The reimbursement, as per the right for cancellation or as per the enforcement of the legal warranty, will be completed if and only if the Product(s) have not undergone any devaluation resulting from manipulations other than those required to define the nature, the characteristics and the proper working use of the Product(s).
The Client must, as a consequence, make sure that the parcel used to ship back the Product(s) is resistant enough to withstand the freight. The Client shall make sure that inside the parcel, the following elements can be found : order tracking ID, contact details of the Client and the shipment back tracking ID communicated by InCurvo. Reimbursement will be completed within ten (10) days after collection of the parcel by the Brand, or after the Client has provided the proof of shipment to the Brand by email (firstname.lastname@example.org). The final date will be whichever one comes first. Replacement, if requested by the Client, will come in place of the reimbursement and will be delivered within a lead time communicated by the Brand, after collection of the parcel by the Brand, or after the Client has provided the proof of shipment to InCurvo team by email (email@example.com). The final date will be whichever one comes first. The reimbursement will be completed using the same payment mode as the one used by the Client when (s)he placed the order.
Article 7. FRAUD PREVENTION
The Brand has the right to cancel or reject any order from a Client with whom there is a litigation about payments and / or proven abuses from past orders. In such a case, the Client shall not be entitled to any claim of any form and of any kind. The Brand has also the right to cancel or reject any order that may look suspicious or for any legitimate reason. For any international order or large order (>1000 euros), InCurvo shall be entitled to ask the Client the following information: – a residence proof (if the Client is a physical individual) – the Business License (if the Client is legal company entity) – the Association License (if the Client is a legal association) – the ID card of the business owner (if the Client is legal company entity) – the ID card of the Association President (if the Client is a legal association) – the ID card of the cardholder who made the payment of the order (if the Client is a physical individual). These documents can be scanned and sent by email to firstname.lastname@example.org
Article 8. AFTER SALES
The Client can get information about his / her previous and / or current orders by contacting the Brand by email (email@example.com), on any weekday from 8AM to noon and from noon to 5PM, except during national holidays. If the question or the request is related to an order, then the Client will need to specify the references of his / her order.
Article 9. RESPONSIBILITY
The Products are compliant with the European standard for climbing holds EN12572-3. The Client shall check that (s)he is authorized to import the Product(s) (s)he orders on the Website to his / her country and whether (s)he is authorized to use them as such. In addition, the pictures showing the Products on the Website are non-contractual. As such, there might be some variations between the picture and the actual Products.
The Website is available every day at any time, except when it is undergoing maintenance work, or in case of force majeure or in case of event out of the Brand’s control. The Client also acknowledges and states that (s)he knows perfectly the characteristics and constrains of ordering on the web, and in particular that the Brand shall not be held responsible when the Website is not available or when the Website has bugs or when the Client faces difficulties to connect to the Website or when the Client gets interrupted while surfing on the Website. The Brand shall not be held responsible for prejudices arising from an improper use of the Products by the Client.
Article 10. WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
All the Products provided by the Brand are covered by a warranty of conformity and by a warranty against hidden defects.
The Brand shall be held responsible for any conformity defects of the Products and for hidden defects of the Products.
Article 11 – DATA PROTECTION AND CONFIDENTIALITY POLICY
11.1. Collection of Personnal Data from the users
InCurvo collects personal data from the users of the Website: clients, visitors and receiver of the order. This collection of data occurs, for example but not limited to, when :
- The User or the Client surfs on the Website ;
- The User or the Client subscribes to the newsletter ;
- The User or the Client creates an account ;
- The User or the Client places an order on the Website ;
- The User or the Client contacts the Brand ;
11.2. Person in charge of the treatment of the personal data collected
11.3. Purpose of collecting and treating data, archiving duration
The personal data collected are required for, but not limited to :
– Improving the surfing experience on the Website ;
– Ensure that the order placed on the Website are properly managed ;
– Manage requests related to holds catalog ;
– Customize offers depending on the information provided by the Client and / or depending on the past orders placed ;
– Manage the subscriptions to the newsletter sent by the Brand ;
– Manage the relations between the Client and the Brand ;
– Manage the feedbacks from the Clients ;
If the Client wishes to stop receiving communications from InCurvo, (s)he can write an email to (firstname.lastname@example.org) or unsubscribe from the communications by clicking on the hyperlink “Unsubscribe”, located at the end of the newsletters sent by the Brand to the Client.
The personal data collected are kept for three (3) years after the last interaction between the Client or the User and the Website.
11.4. Receiver of the Personal Data collected
The data collected are solely used by the Brand. These data can be communicated to companies and sub-contractors which are hired by the Brand to perform the duties related to the order placed by the Client. For example, such duties can be related to the shipment of the Products.
11.5. Rights to access, modify, suppress, or to reject the treatment of the data
The User of the Website can access, modify or suppress his / her personal data by writing an email to (email@example.com) or by filling the contact form available on the Website.
Some information can be collected such as the browser version used by the User or the Client, the type of operating system and the IP address of the computer used.
The Brand uses these cookies, according to the preferences indicated by the User or the Client, in order to simplify the surfing experience on the Website.
The Client or the Use is entitled to agree with or to reject the recording of these cookies, by modifying the options in his / her Internet browser.
In order to manage cookies, the Users can define the parameters of their browsers. These parameters are detailed in the help menus of their web browsers :
– For Chrome™ : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
– For Internet Explorer™ : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
– For Safari™ : http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
– For Firefox™ : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
– For Opera™ : http://help.opera.com/Windows/10.20/fr/cookies.html
Cookies on the Website enable the Brand to :
- Get statistics regarding the number of visitors on the Website and regarding the use of the different component of the Website in order to improve the surfing experience and the attractiveness of the Website content;
- Adapt the display of the Website depending on the device used by the Users and the Client of the Website;
- Record the information filled in the contact form on the Website and about the Products selected by the User or the Client;
- Allow the Client to access his / her account space by using his / her login details as communicated to InCurvo when the account got created by the Client;
- Deploy safety measures
When a Client or a User surfs on the Website, cookies from third-party companies may exist on the device used, unless (s)he has clearly rejected these cookies by changing the parameters of his / her web browser as detailed previously. Cookies are archived for thirteen (13) months.
Article 12. INTELLECTUAL PROPERTY
Surfing on the Website does not grant any right to Users and Clients upon contents protected by intellectual property rights, namely but not limited to: texts, data, pictures, videos, brand assets, drawings, graphic elements (the “Elements”).
The Elements remain the exclusive property of the Brand. As a consequence, any use of the Elements must be validated by the Brand prior to their use, and namely but not limited to: copy, translation, distribution.
Article 13. PARTIAL NON VALIDITY
If or multiple articles of the present T&C become invalid after a law is modified, udpated, or released, the other articles remain in force.
Article 14. NON-RENUNCIATION
The fact that one of the parties does not claim for a missed duty detailed in the present T&C does not imply that the party will not claim for it in the future.
Article 15. APPLICABLE LAW
The act of selling the Products is under the sole French Law Jurisdiction. The Client shall not make any claim based on the applicable laws of his / her country. The Website, the T&C and the orders placed on the Website as well as their executions are under the sole French Law Jurisdiction. Any litigation related to the understanding or the execution of the T&C or of the order will be judged according to the French Law. The applicable courts for the judgement will the courts of French.
Article 16. LEGAL MENTIONS
The Website is edited by InCurvo. To contact us :
- Contact form on the Website
- Available from Monday to Friday, from 8AM to noon and from 1PM to 5PM, except on National holidays.
The Website is hosted by: WordPress
The Website has been created by InCurvo.
Credits of the pictures : The credits are owned by the Brand.
Credits of the videos : The credits are owned by the Brand.
Content of the Website: ©InCurvo
ANNEX – Cancellation FORM
MODEL OF CANCELLATION FORM
(Please fill and send back this form if and only if you want to retract yourself from the contract.)
I/We hereby (*) notify (*) my / our (*) retractation from the contrat related to the order below :
Ordered on (*)/ Collected on (*) :
Name of the Client : ___________________
Address of the Client :___________________
Signature of the Client (if the form is printed on paper) : ___________________
(*) Circle the correct mention.