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These General Terms and Conditions of Sale apply to all orders placed on the Ballkit.com website and to orders placed by particular natural persons (the "Customer") by telephone. More generally, they govern the relationship between Ballkit (registered trademark) and users of the www.Ballkit.com website.
Article 1 - IDENTIFICATION OF OUR COMPANY
This site is the property of MT DECO. The company MT DECO, SARL with a capital of 20.00 euros, having its registered office at ZA Le Bussoy 45290 Varennes-Changy, FRANCE, registered with the RCS of Orléans under number 482 368 396, (the "Company"), operates the website www.ballkit.com (the "Site").
Further information
Opening hours: 9:00 - 13:00 and 14:00 - 17:00 Intra-
Community VAT: FR 30 482 368 396
Siret: 48236839600016 Code APE/NA: 4649Z
You can contact us through different ways:
Tel: +33 (0) 2 38 94 10 80
E-mail: contact@ballkit.com
Director of publication: Jean-Philippe THOËR
The technical service provider (host):
BM Services
www.bm-services.com
SARL with a capital of 199 200 Euros RCS Mende 533 174 199
Head office: La Bastide - 48500 La Canourgue - France
Telephone: +33 (0)4 66 42 42 68 30
Article 2 - PRODUCT ORDER
2.1 Create an account
To place an order, the Customer must have the legal capacity to conclude a contract in his country of residence. To place the first order, the Customer must "create an account" by entering the required information about his identity and entering a password. This information is subject to Article 13 "Management of personal data" below.
2.2 Method of placing an order online
Any order must be placed via the site.
To be able to order, the Customer must select the objects and quantities desired and add them to his basket.
By clicking on the "Order" icon on the "Shopping Cart" page, the customer then accesses the following pages:
- personal record
- delivery mode
- payment
- an order confirmation with payment obligation
For his order to be recorded, the Customer must confirm that he has read and accepted the conditions
and click on the "Order with payment obligation" icon.
Once the order has been confirmed by the Customer, the Company sends the Customer an email acknowledging receipt of the order.
This e-mail constitutes the Company's acceptance of the Customer's order. As soon as the customer receives the e-mail acknowledging receipt of the order, the contract becomes final.
The customer certifies the accuracy of the information in the order form. The Company shall not be held liable for any errors made by the Customer in the wording of the details of the recipient of the order (delivery address, invoicing address in particular) and for delays in delivery or the impossibility of delivering the ordered products as a result of these errors.
The company reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or in the event of the Customer's insolvency. The Customer in question will then be informed by e-mail.
2.3 Payment methods
Payments can be made by:
- credit card (Visa, Mastercard, Carte Bleue)
- PayPal
- bank transfer
- administrative mandate
ARTICLE 3 - PRICES
The prices of our products are indicated on the website in euros including all taxes (all taxes included) excluding participation in processing and shipping costs.
Ballkit.com reserves the right to change its prices at any time. During an order, the products will be invoiced based on the prices in force at the time of the validation of the order.
The products remain the property of Ballkit® - MT Déco until full payment of the price.
Special case of orders sent to the European Union: The price is calculated inclusive of all taxes.
However, professionals who have an intra-Community VAT number and who wish to be exempt from VAT must provide the name of the Company and their intra-Community VAT number when creating their account. The procedure to be followed will be specified.
Automatic verification of the intra-community VAT number will be carried out by our services before any order confirmation. In the event of an incorrect number, the shipment of the order will be blocked until it is corrected by the Customer.
Special case of orders sent outside the European Union:
In case of an order to a country other than the European Union, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will automatically be calculated excluding tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. These duties and sums are not the responsibility of Ballkit.com. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in your country. We advise you to check with your local authorities about these aspects. It is also your responsibility to check with the local authorities for any import restrictions on the products you plan to order.
ARTICLE 4: AVAILABILITY AND DELIVERY
4.1 General information
The Company updates information on product availability as regularly as possible. In the event of stock exhaustion, the Company endeavors to inform the buyer in real-time. Orders will be accepted within the limits of available stocks and sent by carrier. Any item available in stock is shipped within 2 to 6 business days. In all other cases, availability may vary between 5 and 30 working days depending on the type of products ordered.
The delivery times indicated are average delivery times corresponding to the processing time of the order. The delivery date is calculated by taking into account the preparation and shipping times plus the carrier's delivery time.
If, after validation of the order, one or more products of the order prove to be unavailable, the Customer will be informed by e-mail or telephone as soon as possible, mentioning the replenishment time. If it is impossible to replenish the supply, the Company will offer the Customer to provide him with a replacement product of at least equivalent quality. The Customer will have the option by the return of e-mail or telephone either to accept the replacement product or to cancel his order about the unavailable product.
The Company will inform the Customer by e-mail or telephone of any delay in shipment and/or delivery of which it is aware. However, it invites the Customer to regularly consult his personal space or to contact the Company's customer service by e-mail or by telephone at the following number: +33 (0) 2 38 94 10 80, to follow the progress of his order.
The products are delivered to the address indicated by the customer on the order form and only in the geographical areas we serve.
At the time of validation of the basket, the Customer can choose between two delivery methods:
• Pick up at Drive Ballkit
• The delivery
The amount of the delivery costs is fixed according to the volumetric weight of the goods, the place of delivery and the desired delivery time. To find out this amount, you can do an online simulation.
Once the Product has been shipped, Ballkit will inform the Purchaser by sending an email with the delivery tracking number.
4.2 Delay in delivery
Any shipment is likely to be delayed or the product lost. In such a case, we will contact the carrier to start an investigation. Every effort is made, as long as necessary, to find the package. If necessary, the company will be reimbursed by the carrier and will deliver a new identical package at its own expense.
We decline any responsibility for any extension of delivery times due to the carrier, particularly in the event of loss of products, bad weather or strikes.
For products purchased to meet professional needs, delivery times are given as an indication and under no circumstances can be guaranteed.
With regard to products purchased to satisfy non-professional needs, except in cases of force majeure, a delivery delay of more than seven (7) clear days entitles the Customer to cancel his order by registered letter with acknowledgement of receipt sent to the Company within a maximum period of sixty (60) working days following the scheduled delivery deadline.
In this case:
• if the amount of the order has been received, the Company undertakes to reimburse the Client for the total amount paid within a maximum period of thirty (30) days following receipt of the cancellation letter. The refund will be made by credit card or bank transfer to the Customer who placed the order.
• if the order has not yet been cashed, the Company will confirm by e-mail the cancellation of the order.
In all cases, if the product has been shipped, the Customer is required to return it at his own expense.
In the absence of return of the product in its original packaging, intact, within thirty (30) working days following its delivery, the Customer must pay the corresponding price.
ARTICLE 5 - ORDER CONFIRMATION
Once the order and payment have been validated, Ballkit sends a confirmation email to the Customer with a summary of the order, including:
• The invoicing address and the delivery address,
• The quantities and descriptions of the items ordered,
• For each product: the price including VAT & the applicable VAT rate,
• The total price including VAT, discounts, applicable taxes (including VAT), eco-taxes Unless proven otherwise, the data recorded by Ballkit constitute proof of all the
transactions between Ballkit and the Customer.
ARTICLE 6 - RECEIPTS AND COMPLAINTS
The products leave our factory in perfect condition and are carefully packed.
Any anomaly concerning the delivery (damage, missing product, damaged package, broken products...) must be indicated on the delivery slip in the form of "handwritten reserves", accompanied by the customer's signature. Besides, the customer must also contact the Company by e-mail within 48 working hours of receipt of the goods.
The exchange of any product declared, later on, damaged during transport, without any reservation having been made upon receipt of the package, cannot be taken care of.
To this end, the customer must carry out any examination necessary to detect any damage, missing products, defects or other apparent defects or non-conformity of the products delivered with the order. In particular, the Customer must check the condition of the packaging, the number of packages and the products in their quantities, references, condition, and characteristics.
The customer must make any claim to the company, on the same day of delivery or at the latest on the first working day following delivery, for any error in delivery and/or non-conformity of the products in kind or quality with the indications on the order form.
Under penalty of inadmissibility of his request, the Client shall:
• include on the delivery note the precise and justified reservations in the event of damage or missing items, the general reservations of the type "subject to unpacking" is insufficient,
• confirm its reserves for missing or damaged parts and contact the service after
sale of Ballkit (Ballkit SAV, ZA Le Bussoy, 45290 Varennes-Changy - sav@ballkit.com - tel. 00 33 (0)2 38 94 10 80) to describe precisely the problem encountered.
The Client must also be able to provide any justification (details, photos, etc.) as to the reality of the claims invoked and allow the Company every opportunity to establish them.
Accepted claims will result in the exchange of the defective or non-compliant product, or its refund in the event of unavailability of the product in stock. The refund will be made at the Company's discretion by credit card, PayPal or bank transfer. The returned product must be returned to the Company in perfect condition, in its original packaging, and with all its accessories. No spontaneous returns, without the Company's agreement, will be accepted other than the right of withdrawal.
ARTICLE 7 - RETENTION OF TITLE
The transfer of ownership of the products is subject to full payment of the price on the due date by the Customer. However, during the period from delivery to transfer of ownership, the risk of loss, theft or destruction shall be borne by the Customer.
In the event of non-payment by the Customer, the company may request by registered letter with acknowledgment of receipt the return of the products at the expense, risk, and peril of the Customer. The Company may unilaterally and immediately have the inventory of unpaid goods held by the Client drawn up at the Client's expense.
ARTICLE 8 - RIGHT OF WITHDRAWAL
8.1 Individual customer (non-professional)
This article only applies to products purchased to meet the NON-professional needs of the Customer.
By Articles L. 120-20, the non-professional client has a period of fourteen days in which to (14) calendar days to return, at its own expense, products that do not suit it. This period runs from the day of receipt of the customer's order. Any returns must be reported in advance to the company's customer service department. The product must be returned to the following address: BALLKIT - MTDECO - Z.A. Le Bussoy, 45290 VARENNES-CHANGY, FRANCE.
Only products returned in their entirety, in their original packaging complete and intact, and perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, except for return shipping costs. If the right of withdrawal is exercised, the customer has the option of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the reshipment will be at the customer's expense.
In case of exercise of the right of withdrawal, the company will make every effort to refund the customer within fourteen (14) days subject to return of the product. The refund will concern "all sums paid, including delivery costs". However, the company will not be required to refund the additional delivery costs when the consumer has chosen an express delivery method, which is more expensive than the standard method and will therefore only refund the costs up to the level of the standard delivery method.
The refund will be made using the same payment method as the one used by the consumer for the initial transaction.
The right of withdrawal may not be exercised for goods made to the Customer's specifications or personalised (advertising balls). Otherwise, the product would not be taken back and would be returned to the Customer at his expense.
In all correspondence and to properly process the withdrawal request, the Customer must complete the withdrawal form and indicate his complete contact details.
8.2 Professional client
This article applies exclusively to products purchased to meet the Customer's professional needs.
The products offered for sale are new. They are presented by legal requirements and as accurately as possible. Differences between the products delivered and those presented on the Site may exist. These differences, as long as they do not relate to the essential characteristics of the products, do not affect their quality, and cannot justify a cancellation of the order or a refusal to deliver. The perfect representation of the products on the Site cannot be guaranteed, in particular because of the differences in colour rendering by Internet browsers and/or display monitors, the Company cannot be held liable for the inaccuracy of the photographs appearing on the Site.
Nevertheless, the Company may not be held liable for any damage or indirect damage of any nature whatsoever suffered by the Customer and in particular, due to the speed of access to the Internet network, the lack of verification by the Customer of the elements, information, documents, goods or products communicated to him, in any form whatsoever prior to the execution of the order. In no event shall the Company be liable for any loss of profits, business losses, loss of data, loss of profit or any other indirect damage or any damage that was not foreseeable at the time of the final formation of the contract.
In any event, if the Company's liability were to be incurred, the total amount of compensation due by the Company for all its non-performance shall in no event exceed the amount received excluding tax by the Company for the performance of the order.
The Client acknowledges and accepts, therefore, that it is his responsibility to insure himself against all risks that he alone deems appropriate because of his particular situation and under the terms of this contract.
The limitation of liability referred to above is inapplicable in the event of theft or gross negligence of the Site and the event of bodily injury or liability due to defective products. The legal guarantee for hidden defects remains applicable.
This clause shall remain in force even in the event of termination or judicial termination of the contract.
ARTICLE 9 - LIABILITY
Force majeure
The Company cannot be held liable for the non-performance of the contract concluded, due to the occurrence of an event of force majeure.
ARTICLE 10 - USE OF THE WEBSITE
10.1 Intellectual Property
The elements published on the Site, including in particular logos, registered trademarks, texts, photographs, images, drawings, models or tables, constitute works protected by intellectual property rights or human rights.
The Company grants the Client permission to consult the content of the Site on a personal and private basis, excluding any public viewing or distribution, extraction and/or reproduction for commercial purposes.
The Company therefore authorizes the electronic copying and printing on paper of certain elements of the Site solely to view the pages opened by the Customer, to prepare his purchases and place an order, according to the terms and conditions set out in these general terms and conditions of sale.
Consequently, any use of elements of the site, any reproduction, representation or disclosure, in whole or in part, of this site for any purpose other than those referred to above is therefore strictly prohibited without the prior written authorization of the Company and would constitute an infringement punishable by the provisions of the Intellectual Property Code and/or a tort likely to engage the civil liability of offenders of the above-mentioned rights.
10.2 Customer's responsibility
Navigation on the Site is the sole responsibility of the Client. The Company shall not be held liable for any breakdowns, errors or computer viruses that could prevent continuity of access to the Site or for malfunctions in the Customer's computer installation that could be noted following access to the Site. It may therefore not be held liable for any direct or indirect damage that may be linked to the use of, access to or downloading of elements stored on the Site (images, texts, video files, etc.)
10.3 Hypertext links
The Site may provide links to other websites, independent of the Site operated by the Company, which has no control over its content. Consequently, the Company cannot be held responsible for the content, products, advertisements or any element or service presented on these sites. It is also the Customer's responsibility to take the necessary precautions to ensure that the said sites are virus-free.
Besides, any hypertext link of any nature whatsoever allowing access to the Site or any of its pages or elements may only be created with the prior written authorization of the Company.
ARTICLE 11 - MISCELLANEOUS
11.1 Intellectual Property / Trademarks and Patents
Unless expressly provided otherwise, the plans, specifications, computer files, technical and commercial documentation, specifications, photographs, samples, prototypes, letters, patents, models and drawings, etc. that we transmit to our customers remain our property. Consequently, the customer undertakes not to make any distribution of it without our prior written consent and undertakes to use it only within the strict limits of the agreed destination.
Our customers are liable to us and owe us compensation for any consequences of disputes arising from the manufacturing carried out by us by their indications, plans, drawings, and specifications, which would infringe industrial or intellectual property rights belonging to third parties.
The customer who becomes aware of any infringement of patents, trademarks and other intellectual property rights held by our company must inform us immediately by fax or e-mail confirmed by registered letter with acknowledgment of receipt.
11.2 Molds/ Models and tools
Unless proven otherwise, the molds, models, and tools that we develop and manufacture for the production of products that meet our customers' specifications remain our property. Any financing by the customer to cover all or part of the cost of manufacturing the tooling
does not justify a transfer of ownership of said tooling to the customer, and does not authorize the customer to request its transfer to another manufacturer without our agreement or to restrict our ability to produce for other customers on the same tooling. We reserve the right of retention on the molds, models, and tools made available to us by our customers to ensure the manufacture of the products we deliver to them until the invoices corresponding to our deliveries have been paid in full.
11.3 Interest on late payment
Any amount unpaid on its due date will give rise to the application of default interest equal to three times the legal interest rate in force on the day of default. These penalties are payable automatically and without the need to give notice to the Client.
In addition, with regard to products purchased to satisfy professional needs, in the event of action by the Company to recover the sums due to it, all costs and fees inherent in this procedure, set at a fixed sum of €2,000 as a penalty clause, shall automatically be borne by the Client without prejudice to any damages.
In addition, with regard to products purchased to satisfy professional needs, if the Company has serious or particular reasons to fear the cessation of payment or the insolvency of the customer or if the Customer does not present on the date of performance of the service the same financial guarantees as it had on the date of the order, the Company may make the performance of its service or the continuation of all or part of the contracts in the process of creating guarantees conditional on it by informing the customer by registered letter with acknowledgement of receipt.
11.4 Nullity
If one or more provisions of this contract are held to be invalid or declared invalid according to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
11.5 Independence of the parties
It is expressly understood that this contract, as well as any possible use of documents, whatever their presentation, do not imply between the parties any link or relationship other than those defined by this contract. Neither party may commit in the name and/or on behalf of the other. About third parties, each of the parties is solely responsible for the acts and services for which it is responsible under this contract.
11.6 No waiver
The fact that one of the Parties does not invoke a breach by the other Party of a any of the obligations referred to in these Terms of Reference may not be interpreted as a waiver of this obligation.
11.7 Applicable law
This contract is governed by French law. This is the case for both substantive and formal rules.
For contracts concluded with companies within the meaning of the French Commercial Code, the Orléans Commercial Court has sole jurisdiction to hear any dispute arising from the application, interpretation or performance of the contract, notwithstanding a guarantee claim or multiple defendants. The right of withdrawal applies only to natural persons.
ARTICLE 12 - PROCESSING OF PERSONAL DATA
Ballkit is responsible for all processing of your data within the scope mentioned below. In the context of these processing operations, your collected data may include, in particular, the following:
- Your first name, surname, address, date of birth, e-mail, telephone;
- Your location data;
- Your billing and/or delivery address;
- Your financial information (e.g. credit card number);
- IP/Mac address ;
- Cookies connection indicators;
- Connection and navigation data ;
- The history of your purchases of Ballkit products and services;
- Other information you wish to provide us with.
The mandatory or optional nature of the data is indicated to you at the time of collection by an asterisk. Please note that some data is collected automatically as a result of your actions on the Ballkit.com website
Why does Ballkit collect your data?
For the following purposes, we ask for your consent:
- Geolocation ;
- Satisfaction surveys ;
- Commercial prospecting (e.g. sending Ballkit catalogs);
- Targeted advertising (see Cookies policy);
- Participation in a competition;
- Management of customer reviews on our products;
- Special offers, promotions, coupons, and warranties;
- Newsletter.
For the following purposes, your data are processed as part of the execution of the contract between you and Ballkit:
- The online purchase;
- Shopping list ;
- The delivery;
- Invoicing;
- Contact with the customer service center (to answer your requests)
- And other services and services that Ballkit will make available to you.
For the following purposes, your data are necessary for the legitimate interests pursued by Ballkit:
- Statistical analyses ;
- To prevent and detect possible threats to the safety of our visitors and our products or services;
- To prevent fraud or any other unlawful action and to comply with our obligationslegal;
- Updates to our Ballkit.com website.
On our Ballkit.com website, this data may be collected through forms that you will be asked to complete.
BALLKIT KEEPS YOUR DATA FOR A FIXED TIME
Your data are kept for as long as necessary to fulfill the purpose for which they were collected. They will then be archived with restricted access for an additional time related to the periods of prescription and legal retention for strictly limited reasons and authorized by law. They will then be deleted.
THE RECIPIENTS OF YOUR DATA
Ballkit does not disclose your data to other companies for marketing purposes. Sometimes we use the services of other companies to serve you even better. We are committed to ensuring appropriate security controls to protect your data from any foreseeable danger. However, you will be informed and Ballkit will ensure that you check their adequate protection by French and European regulations. Protecting our customers' data is a priority for Ballkit.
BALLKIT SECURES YOUR DATA
Ballkit is committed to protecting the security, confidentiality, and integrity of your data provided on our Ballkit.com website and in-store, through technical and organizational measures.
FIGHT AGAINST FRAUD
Some campaigns may use our brand to send emails and impersonate Ballkit to collect your data, or for other more fraudulent transactions. It is therefore recommended not to open this type of email until you have verified the sender's address. You may continue to receive such solicitations under cover of other brands other than ours, whose identity is also misused.
As this practice is becoming more and more common, we advise you to be vigilant.
THE PROTECTION OF YOUR BANKING DATA
Ballkit shall refrain from using, exploiting or disseminating to a third party, free of charge or against payment, any data collected for any purpose other than to analyze the risk associated with an order. In case of an alert of potentially illegitimate use, Ballkit customer service will contact you by email or telephone to check before validating the purchase if necessary or to suggest that you use another payment method.
THE MANAGEMENT OF YOUR DATA
At Ballkit, you are in control of your data
When you provide personal information to Ballkit, as part of the creation of a user or customer account, you have access to your data and you can update, modify or delete it at any time.
Your rights regarding the protection of your data
By the law n° 78-17 of 6 January 1978 relating to data processing, files and freedoms, amended by the European Regulation 2016/679 of 27 April 2016 relating to the protection of personal data, you have several rights for the management of your data.
The right of access
You can ask Ballkit to confirm whether or not your data is being processed by us. If they are, you can request a copy.
The right of rectification
The right to ask Ballkit to modify your inaccurate information on its database.
The right to erasure
Would you like Ballkit to delete your information from our databases? It is possible.
The right to object and withdraw consent
If you do not wish to appear or no longer appear on a file in our databases, you can do so by exercising one of these rights at any time.
The right to limit processing
You can ask for a suspension of a processing operation concerning you during the time of verification (example: for the exercise of the right of opposition, Ballkit must check whether legitimate reasons would justify the continuation of the processing operation).
The right to portability
It is the right to have personal data transmitted, in a structured format, commonly used and readable by the computer, to us or to another controller, where technically possible.
The right to define guidelines regarding the fate of our data after their death
Without your permission, after a certain period of inactivity, Ballkit deletes your data. However, after your death, your heirs may exercise their rights over your data.
The right to file a complaint with the CNIL
You can file a complaint if you consider that the processing of personal data concerning you constitutes a violation of the regulations. If you wish to have additional information on your rights, and more particularly on this last right, go to the website of the National Commission of Informatics and Liberty.
Contact for the exercise of your rights
Ballkit wants to be close to its customers. That is why we spare no effort to assist you. For any question relating to this charter or for the exercise of your rights, you can send us, by the regulations, a request accompanied by a valid proof of identity:
Or by mail to the following address: Ballkit - MT DECO
ZA Le Bussoy
45290 Varennes-Changy
Or by e-mail to contact@ballkit.com
UPDATE OF OUR DATA PROTECTION CHARTER
This charter may be updated periodically and without notice. Any modification shall take effect immediately upon publication of the new charter on the Ballkit.com Site.
However, we use your data by the Policy in effect at the time you submit the data to us. We will notify you of any significant changes to our policy and seek your consent if necessary and impacts the purpose of collecting your data. To always remain in compliance with the regulations in force relating to the protection of personal data, this charter is reviewed annually by our services.
Last update: Friday, April 12, 2019