Condizioni di vendita
The SPORTCORP company manufactures and markets its articles (clothing and accessories) directly or indirectly under the brand and the trade name SKKIL, throughout the world.
SPORTCORP is a simplified joint stock company with capital of 25,000 euros, registered in the Annecy trade register under number 832786636, having its registered office at 128 Route de Saint-Gervais 74920 Combloux France, intra-community VAT number: FR81832786636 (here- after called SKKIL or the company SKKIL).
Article 1: scope of application
These "general conditions of sale" (hereinafter the GTC) apply to distance sales of SKKIL articles and are reserved for consumers acting exclusively for their personal use (hereinafter the customer), it being specified that French law applies to all orders placed on the SKKIL website, available at www.skkil.com (hereinafter the site), regardless of the delivery country chosen by the customer.
Any order not corresponding to a retail sale and, more generally, any fraudulent order may be refused by SKKIL. SKKIL therefore reserves the right to limit the quantities of an item delivered to the same consumer or to the same postal address.
The purpose of these general conditions is to inform any potential customer about the conditions of sale of SKKIL articles to the customer and to define the rights and obligations of the parties.
When selling on the site, the customer by checking a box provided for this purpose, acknowledges having read the T & Cs before placing the order and having accepted them without reservations. The T & Cs can be saved by anyone visiting the site by means of a download and can be printed.
SKKIL reserves the right to modify the GTC at any time. However, the GTCs applicable to the order are those accepted by the customer at the time of placing the order.
Article 2: information on the articles
Information on SKKIL products is available on the website. The customer can select one or more items among the different categories offered on the site within the limits of available stocks. SKKIL may modify the items offered for sale on the site at any time, without prejudice to orders placed by the customer. For any questions or requests for advice, the customer can contact the SKKIL team of advisers by writing through the chat provided on the site or use the contact form.
Despite the care taken in the presentation of items on the site, SKKIL cannot guarantee that their actual appearance exactly matches their appearance on the screen, especially with regard to variations in colors. SKKIL cannot be held responsible for any non-substantial errors that may occur.
SKKIL reserves the right to withdraw items from sale at any time. In case of unavailability of one of the items, the customer will be informed as soon as possible by customer service. In the event that one or more items are unavailable, the customer will be reimbursed by credit card or to his PayPal account and may proceed to a new order.
Article 3: orders
Any order implies acceptance of the T & Cs and the data processing policy unless specific contractual conditions are concluded between the parties.
3.1 orders on the site
Orders can be placed on the site. The customer bears the telecommunications costs when accessing the Internet and using the site. All the steps necessary for the sale are specified on the site. The customer, before definitively validating his order, reads the GTC, checks the details and the total price of his order, corrects any errors, before confirming his final agreement on the payment of the order.
The customer's attention is drawn to the fact that the validation of an order implies the obligation to pay the agreed price and that once the order has been validated, the customer can no longer cancel his order, subject to the exercise of his right of withdrawal (see article 7 below).
To definitively validate an order, you must click on the "Pay" button. From the moment the customer has validated the order, SKKIL acknowledges receipt without delay and electronically. SKKIL recommends that its customers keep these e-mails on paper or on a computer. If these emails are not received, it is recommended that the customer verify that they have not reached the junk mail box. The customer is informed that the emails are sent to the email address they entered. Consequently, if there is an error in entering the e-mail address concerned, or if the message confirming the sending or delivery of the order is not received, SKKIL cannot be held liable. (unless the receipt of the confirmation message is the result of a fault on the part of SKKIL). In this case, the sale will be considered final. The customer may nevertheless exercise his right of withdrawal under the conditions set out in Article 7 of the GTC.
3.2 ordering items without creating an account on the site
If the customer does not request the backup of the data necessary for the execution of the order, he does not create an account on the site. An invoice in electronic format will be sent to him by email when the order is dispatched.
3.3 refusal, suspension or cancellation of orders
SKKIL reserves the right to refuse or cancel any order for which the number of items or the amount to be paid (for one or more cumulative orders) does not correspond to the average usual use of a household and to any order that would imply that an economic activity is carried out by the customer in connection with the items ordered or more generally, any abnormal order. Finally, SKKIL reserves the right to suspend or cancel any execution of an order and / or delivery, in the event of non-payment or partial payment of the price, in the event of a payment incident, or in the event of fraud. or attempted fraud concerning the use of the site, including on the occasion of previous orders.
Article 4: price of itemsThe price of the items is indicated inclusive of all taxes (TTC).
The price including tax is expressed in euros for deliveries within the European Union, in pounds sterling for deliveries in the United Kingdom, in Swedish krona for Sweden, in Swiss francs for Switzerland, in Norwegian krone for Norway, in US dollars for other delivery countries.
SKKIL offers standard delivery or express delivery worldwide. The customer is informed of the cost of delivery when placing his order.
The selling prices of the articles on line on the site are those in force at the time of the placing of the order by the customer. The selling prices of the articles can be changed by SKKIL at any time. SKKIL exercises regular checks to verify that the prices charged are correct. However, some prices may be affected by an error. If SKKIL notices a price error in the order, the customer will be informed as soon as possible. SKKIL reserves the right to cancel the order of the item concerned due to an obvious pricing error. If the order has been paid, the customer will be immediately refunded the amount paid.
The customer will receive, on confirmation of the order, for each item, written confirmation of the price paid detailing the price of the items.
Article 5: terms of paymentPayment for orders on the site can be made:
• through the customer's PayPal account. By choosing to pay via PayPal, the customer will automatically be directed to their PayPal account. Once the PayPal payment has been validated, the customer will see the order confirmation page on the site.
• by credit card (cards from the "CB" network, Visa, Eurocard / Mastercard, American Express are accepted). In this case, the customer's credit card is debited when the order is placed.
• by the customer's Apple Pay account. By choosing payment via Apple Pay, the customer will automatically be directed to their Apple Pay account. Once the Apple Pay payment has been validated, the customer will see the order confirmation page on the site.
• through the customer's Amazon Pay account. By choosing to pay via Amazon Pay, the customer will automatically be directed to their Amazon Pay account. Once the Amazon Pay payment has been validated, the customer will see the order confirmation page on the site.
The customer guarantees to the company SKKIL, that he is the holder of the bank card and that the name appearing on this bank card to be debited is his, then communicates in a secure environment on the Internet (PSP Stripe); the number and expiration date appearing on the front of their bank card as well as the visual cryptogram numbers appearing on the back (or front) of their bank card.
In the event that the debit of the sums owed by the customer is impossible for any reason whatsoever, the Internet purchasing process will be immediately canceled.
Article 6: delivery and receptionAll information concerning the delivery conditions is available on the basket validation page and before payment of the order.
6.1 Delivery times
Delivery times are indicated to the customer when the order is placed. Delivery of the items ordered will take place within the deadlines communicated by SKKIL, and within a maximum period of 30 days from the day of the order (subject to full payment of the price).
For the order of a pre-order product, the approximate delivery date is indicated on the product sheet of the product in question. This is date is an approximation and may change.
Delivery times begin to run upon receipt of the order confirmation by e-mail. Delivery times take into account the time of the order and the working days of the country of destination.
Delivery times may, during the holiday season or sales, be extended due to the strong activity of SKKIL at this time of the year. However, these delays cannot exceed 30 days after the order has been concluded.
6.2 delivery address
Items ordered by the customer in accordance with the GTC are delivered to the address indicated by the customer as the delivery address on the order concerned ("delivery address"); by Colissimo for standard deliveries in France, by Chronopost for express deliveries in France, by chronopost relais for relay deliveries in France and by DHL for international deliveries.
If delivery proves impossible due to the absence of the recipient at the place of delivery, a notice will be left at the delivery address indicated by the customer and the carrier will make a new delivery attempt on the next working day.
6.3 damaged packaging or product, missing product
The customer or the recipient of the order is invited to check the apparent condition of the package and items on delivery.
WARNING: in the event of a damaged package or product, or a missing product, the customer or his representative must follow the procedures described below. Failure to comply with the appropriate procedure precludes any recourse against the carrier and the SKKIL company.
The customer must contact customer service within 7 days of receipt using the contact form on the website by uploading a photo of the item concerned and follow the same return procedure as described and detailed in article 7. .
Article 7: right of withdrawalPursuant to Article L. 221-18 of the Consumer Code, the customer has a right of withdrawal during a sale made remotely on the site or by telephone. The customer can therefore exercise this right, without having to justify it, within 14 days of receipt of the product by the customer or his representative. Any return request made beyond this period may be rejected.
If the customer has placed an order with several products, the withdrawal period does not start until the customer or the designated third party has received the last product.
In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to:
• supply of goods manufactured to customer specifications or clearly personalized;
• the supply of goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection.
To notify his decision, the customer must use the online return procedure available at the bottom of the site page through the link “RETURN / EXCHANGE PORTAL”
In order for the return and refund to be validated and processed quickly, the customer or his agent must follow the procedures described below. Their non-compliance may lead to a refusal of the return and a return of the product to the customer, without refund.
Make a return request on the “Return / Exchange portal”
The customer is invited to notify his decision by using the online return procedure available at the bottom of the page of the site through the “RETURN / EXCHANGE” link. It is imperative to specify the 4-digit order number and to detail the items to return. Once the request is accepted, the customer will receive a return label by email.
Return the item (s)
For returns from within the EU
- Place the item(s) in the envelope or in its original carton or other sturdy cardboard box.
- Tape the box closed.
- Use the return label provided by Customer Service and place it on the shipping carton.
- Be sure to check your package for any other shipping or tracking labels.
- Items should be returned to the address on the return label provided.
- Drop off your package at a post office
For returns from outside the EU
- Place the item(s) in the original envelope or cardboard box or any other sturdy cardboard box.
- Enclose a copy of the commercial invoice(s) provided in your original package, cross out the item(s) you did not place in the shipping box and sign each invoice.
- Tape the box shut.
- Make sure your package has no other shipping or tracking labels.
- Arrange shipping with the carrier of your choice, shipping is the responsibility of the customer.
- Items should be returned to the address on the return label provided.
The refund will be credited to the credit card of the cardholder purchaser or to the customer's PayPal account or the customer's Amazon Pay account or the customer's Apple Pay account.
The refund will be made within 14 days of receipt of the returned item.
No refund will be made if the item is not returned in perfect condition.
Items must be returned in perfect condition, exactly as delivered, with the tag and seal still attached. All shoes should be tried on on a carpeted surface until the customer decides to keep them.
The above policy also applies during sales.
Article 8: legal guaranteesAll SKKIL items benefit from the guarantee of conformity and the guarantee against hidden defects. These are legal guarantees that apply independently of any other commercial guarantee that may be granted by SKKIL and the right of withdrawal provided for in Article 7.
8.1 guarantee of conformity
Article L217-4 of the Consumer Code provides that: "The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. "
In accordance with Article L217-5 of the Consumer Code, "the goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
The action resulting from the lack of conformity is prescribed within two years from the delivery of the goods, as provided for in Article L211-7 of the Consumer Code.
The customer can choose between repairing or replacing the item, subject to the cost conditions envisaged by Article L. 217-9 of the Consumer Code;
Stocks may not allow for identical replacement of the item. It will therefore and in any event, reimburse the non-compliant item and replace it with an item of equivalent price, if the customer so wishes by placing a new order.
8.2 warranty against hidden defects
Article 1641 of the Civil Code provides that: "The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 of the Civil Code stipulates that: "The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect".
As part of the legal warranty against hidden defects, SKKIL, in accordance with Article 1644 of the Civil Code, and depending on the customer's choice, undertakes after evaluation of the hidden defect:
• Either to reimburse the full price of the returned item,
• Or to reimburse part of the price of the item, if the customer decides to keep the item.
8.3 return of products
In the event of a hidden defect or non-conforming product, the customer is invited to contact customer service at the following address by the contact form of the website and to follow the same return procedure as that described in article 7 below. -above.
8.4 exclusion of guarantees
Items modified or repaired by the customer are excluded from the warranty. Likewise, the warranty will not apply for apparent defects under article 1642 of the Civil Code. Finally, the warranty will not cover items damaged in transit or due to misuse.
Article 9: complaints-informationFor any information, complaint or question concerning the T & Cs or the products, customers must contact SKKIL customer service by using the contact form on the website, giving their order number, if applicable.
Article 11: retention of titleSKKIL retains full ownership of the items sold until full payment of the price including all taxes and any delivery costs and additional costs generated at the express request of the customer.
Article 12: intellectual property rightsThe mark "SKKIL", as well as all the figurative marks or not and more generally all the other marks, illustrations, images and logos appearing on the articles SKKIL, their accessories or their packing, that they are registered or not, are and will remain the exclusive property of SKKIL.
Any reproduction, modification or total or partial use of these brands, illustrations, images, logos, or any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo, on all or without SKKIL's express prior agreement is strictly prohibited.
The same applies to all copyrights, designs and patents belonging to the SKKIL company.
The use of all or part of the site, including downloading, reproduction, transmission or representation for purposes other than personal and private for non-commercial purposes is strictly prohibited.
Any violation of these provisions exposes its author to the penalties provided for by the Civil Code and the Code of Intellectual Property.
In addition, the creation of a hypertext link to the site of the company SKKIL, can only be done with the prior and express consent of the company SKKIL.
This agreement can be revoked at any time if the conditions of the authorization are not met.
The SKKIL company declines all responsibility for the conditions of use and the content, whatever it may be, of third-party sites from which hypertext links allow access to the Lemaire site.
Article 13: signature and proofSKKIL strives to protect the personal information of its customers by ensuring a high level of security.
The customer also has a role to play in the protection of his personal data. In particular, he must maintain the security of his online transactions by not communicating his username (e-mail address) and / or password to anyone and by changing his password regularly.
Therefore, SKKIL cannot be held responsible for the disclosure of customer information to any person who has used their username (customer's email address) and / or password.
The SKKIL company declines all responsibility in the event of fraudulent use of this information.
Provision of the credit card number or payment of sums due and the final validation of the order will be proof of acceptance of said order.
The computerized registers kept in the computer systems of SKKIL and its partners will be considered as proof of communications, orders and payments between the parties.
Article 14: force majeureUnder Article 1218 of the Civil Code, SKKIL will suspend all performance of its contractual obligations in the event of force majeure.
SKKIL will inform the customer within seven (7) days of its occurrence. If this suspension continues beyond a period of fifteen (15) days, the customer would then have the option of canceling the current order, and he would then be refunded.
Article 15: disputes - applicable lawIf the customer encounters a problem concerning a product, the site or any other service of the SKKIL company linked to the site or to a product, he is invited to contact customer service using the contact form on the website.
In the event that the problem is not resolved, in accordance with the provisions of the Consumer Code concerning "the process of mediation of consumer disputes", the customer has a free right to use a mediation service.
The customer is also informed that he can use the European online dispute resolution platform for cross-border disputes (ODR) available at the following address: https://ec.europa.eu/consumers/odr/main/index .cfm