GENERAL TERMS AND CONDITIONS OF THE SITE WWW.BABOLAT.COM
Last updated on : 03-01-2021
The site www.babolat. (hereinafter referred to as the "Site") is published by the company BABOLAT VS, SAS, registered in the Lyon Trade and Companies Register under no. 552 131 401 B with a share capital of €1,275,000, VAT Number: FR02552131401, whose registered headquarters is located at 33 Quai Paul Sédallian, 69009 LYON, France (hereinafter referred to as "BABOLAT"). BABOLAT is the seller and guarantor of the Products sold via the Site.
Any natural person of legal age, acting for purposes that do not fall within the scope of their trade, business, craft or profession accessing the Site is considered a user (hereinafter referred to as the "User(s)"). BABOLAT shall have no liability in the event of a minor accessing the Site.
BABOLAT creates, produces and markets tennis, badminton and padel articles for men, women and children (hereinafter referred to as the "Product(s)"), in particular on the Site.
The User may contact BABOLAT by e-mail at email@example.com.
Article 1 - Application/opposability of the GTCs
These general terms and conditions (hereinafter referred to as the "GTCs") govern the entire relationship between BABOLAT and the Users of the Site to the exclusion of all other conditions. These GTCs are deemed to be accepted without reservation by the User, once the User has expressly accepted them by ticking, after reading it, at the time of the creation of his account, the box that says "I accept the General Terms and Conditions of the Site " provided for this purpose. BABOLAT reserves the right to modify the GTCs at any time. In Portugal, the User will then be informed by email sent 20 days before the news GTCs enter into force and will have to accept the GTCs again. Any contracts concluded before such modifications remain unaffected. The fact of using the Site implies that Users adhere to the latest version of the GTCs in accepting it. The applicable GTCs are those available on the Site that can be printed by the User from the Site.
Depending on the territory where the User is located, the contract can be conclude in:
Article 2 - Description of the Site and Products
2.1. Site Description
The Site enables the User to access, in particular, presentations of BABOLAT brand products and information relating to the following activities:
The User acknowledges that all sections may be modified as the Site develops.
2.2. Description of the Products
BABOLAT displays the Products on its Site. The Site mentions all of the Products’ essential characteristics which are communicated to the User before they make their purchase. For all details concerning the Products’ characteristics, please refer to the pages displaying the Products on the Site.
BABOLAT reserves the right to make any changes it deems useful to the Products at any time with regard to the products offered for sale on the site before any order.
Article 3 - Rules of conduct on the Site
The User shall refrain from any behaviour which could damage the image of BABOLAT or that of one or more other Users. Any content posted by the User on the Site shall be binding on them under their own name and shall not be binding on BABOLAT in any capacity whatsoever.
More specifically, the User agrees not to:
- Use a username or avatar that is vulgar, aggressive, abusive, defamatory, libellous or indecent;
- Attempt to obtain from another User information relating to the other User’s Account, such as their login details and/or password, or information relating to their personal life;
- Publish on the Site any content that is abusive, hateful, racist, discriminatory, disparaging, obscene, vulgar, defamatory or libellous, in breach of a legal, regulatory or contractual provision or that encourages misconduct in the eyes of the law;
- Publish on the Site any content that infringes the rights of third parties;
- Publish on the Site content that is not related to the Site’s purpose, and in particular promotional content, advertising, or to carry out any commercial solicitation.
More generally, the User agrees not to:
- Impersonate a third party, another User or pretend to be an employee or representative of BABOLAT;
- Carry out any activity that is contrary to public order and good conduct, or any activity that is illegal and/or not in compliance with regulations (especially for regulated activities);
- Collect information from the Site using an automated software tool or manually, on a mass basis;
- Restrict or inhibit other users from accessing or using the Site;
- Modify or delete the copyright, trademark, or other proprietary rights notices that appear on the Site or in the content;
- Resort to hacking, spamming, phishing, flooding or any other malicious interference against BABOLAT and other Users.
Article 4 - Reporting illegal activities and content
If a User notices that another User is infringing any of the rules of conduct referred to in Article 4 above and, more generally, if a User is aware of any illegal activity or content, the User shall immediately inform BABOLAT by using the "contact us" function, then the "report illegal content or activity” function, as they appear on the Site.
The User shall therefore provide BABOLAT with all the necessary information, in particular:
- the date of notification;
- in the case of a natural person, their name, profession, address, nationality, date and place of birth; in the case of a legal entity, its corporate form, company name, registered office and the natural person legally representing it;
- the description of the disputed events and its precise location on the Site;
- and if it is about illegal content:
- the reasons why the content should be removed, including reference to the applicable legal provisions and justification of the facts ;
- a copy of the communication addressed to the author or publisher of the disputed content to request its discontinuation, withdrawal or modification or the justification that the author or publisher could not be contacted.
- In the event that the content is illegal and as soon as the truthfulness of these elements can be verified, BABOLAT shall withdraw the disputed content or remove access to it.
- It is expressly specified that if a User presents content to BABOLAT as being illegal, even though they know that this information is inaccurate, this is liable to incur the User’s criminal liability.
Article 5 - Updating the Site
BABOLAT may consider it necessary to update or reset certain settings on the Site and in its elements.
BABOLAT therefore reserves the right to change, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any content) at any time, in particular by making new features available or by modifying or removing certain features.
These updates, resets and changes may temporarily prevent the User from accessing the Site and/or may lead to a change in the architecture of the Site and its elements, which the User expressly acknowledges, and BABOLAT may not be held liable in this respect. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to suspend or discontinue the Site, correct errors, inaccuracies, or omissions at any time without prior notice. You agree that BABOLAT will not be liable to you or to any third party for any such change, suspension, or discontinuance of the Site.
Article 6 - Personal data protection
6.1. The User’s personal data
The personal data that BABOLAT receives from the User shall correspond to the information required to use the Site and place orders.
This personal data is subject to computer processing which enables BABOLAT to identify each User and to communicate with them, if necessary, for the proper functioning of the Site and in order to ensure proper management of the commercial relationship and orders.
Personal data will be kept for the duration that is strictly necessary for the management of the commercial relationship and, in any case, for a maximum period of three years from the last request that remained unanswered by the User except a legal obligation imposing a longer time of period.
Personal data is exclusively intended for BABOLAT and the partners identified for the completion of orders.
In accordance with the applicable regulations on the protection of personal data, the User may exercise a right of access, rectification, objection, portability, restriction an erasure of the personal data concerning them.
To exercise this right, the User may contact either of the following addresses:
- By email at: firstname.lastname@example.org
- By letter to Babolat VS SAS, FAO NICOLAS GALLIBERT - PERSONAL DATA - 33 Quai Paul Sedaillan, 69009 Lyon, France
The User may also, if necessary, file a complaint with the Data protection authority competent.
Article 7 - Intellectual property
The Site as well as each of the elements that make it up, including in particular the graphic charter, data, software, texts and logos of the Site, are protected by intellectual property law, in particular copyright and/or trademark law.
The Site and each of the elements that make it up are the exclusive property of BABOLAT and/or it has the authorisation to use them.
Team babolat pro players may play with a customized or different model than the equipment depicted.
BABOLAT grants the User a right to private and non-exclusive use of the Site, in accordance with the provisions of the GTCs.
Any other use of the Site or of any of its elements shall constitute an infringement of rights and shall be punished as such under the Intellectual Property Code, unless BABOLAT has given its prior, written and express authorisation and unless legal exceptions apply.
The User therefore acknowledges that, in the absence of BABOLAT’s prior, express and written authorisation, any total or partial copy and any distribution or exploitation of one or more of the elements referred to above, even if modified, shall be liable to give rise to legal proceedings against the User.
In general, the User undertakes not to damage the Site and the Products in any way whatsoever, nor to make improper use thereof which would directly or indirectly discredit or devalue BABOLAT and/or its image.
Article 8 - Complaints
For any complaints or questions, the User can or must contact the BABOLAT customer service department by e-mail at the following address: email@example.com or on the form provided for this purpose.
Article 9 - Liability, Indemnification, and Disclaimer
Apart from the specific cases addressed in this article, BABOLAT's liability may only be engaged in under the conditions of ordinary law.
IN NO EVENT SHALL BABOLAT NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF: PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. USE OF THE SERVICE IS AT YOUR SOLE RISK.
9.1. Provision and operation of the Site
Subject to liability that it would not be lawful to exclude, in terms of the provision of the Site, BABOLAT shall under no circumstances be liable for any loss, harm, direct or indirect damage of any nature whatsoever resulting from the management, use, operation, interruption or malfunction of the Site or the Internet network.
The User acknowledges that BABOLAT cannot under any circumstances guarantee that the Site will meet performance requirements or that it will operate without interruption or without bugs. If BABOLAT becomes aware of the existence of a malfunction or bug in the Site or in one of its elements, or if it is informed of this by a User, then BABOLAT shall make its best efforts to correct these malfunctions or bugs. In any event, BABOLAT may under no circumstances be held liable, except where is it unlawful to exclude such liability, for any direct or indirect damage resulting from the User's failure to comply with the GTCs, from a malfunction of the Site or its elements, from a modification or alteration of the Site by a User, or from any damage to the Site or its elements.
9.2. Content posted on the Site
BABOLAT uses a third-party service provider to collect Users’ opinions of the Products, which shall exercise moderation a priori on the opinions formulated before any publication on the Site.
In any event, BABOLAT may not be held responsible for the content posted by Users on the Site, such as photographs, hypertext links, comments, etc., the User being solely responsible for said content to the exclusion of any other person.
You agree to defend, indemnify, and hold harmless BABOLAT and its service providers, licensee, and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Site, by you or any person using your account and password, or (b) by a breach of these GTCs or applicable law. Your indemnification obligation will survive the termination of your use of the Site and/or these GTCs.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, AND BABOLAT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
BABOLAT, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRSUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation for consequential or incidental damages, so the limitations above may not apply to you.
Article 10 - Force majeure – Excusing delay
BABOLAT may not be held liable in the event of a case of force majeure occurring.
In UK and US
If BABOLAT’S supply of the products is delayed by an event outside BABOLAT’s control then BABOLAT will contact the User as soon as possible to let the User know and BABOLAT will take steps to minimise the effect of the delay. Provided BABOLAT does this BABOLAT will not be liable for delays caused by the event, but if there is a risk of substantial delay the User may contact BABOLAT to end the contract and receive a refund for any products the User has paid for but not received.
Article 11 - Disputes - Applicable law and jurisdiction
The GTCs and the entire relationship between BABOLAT and the User shall be governed by the applicable law. Claims and legal proceedings directly or indirectly resulting from or relating to the BABOLAT Web Site shall be solved exclusively in the Court of the place where the User is resident or domiciled.
The GTC shall not have the result of depriving the User of any statutory warranty or agreement claims applicable in the state of their habitual residence that cannot be derogated from by agreement by virtue of law. Should any of the clauses or stipulations of the GTCs be invalidated or declared illegal by a final court decision, such invalidity or illegality shall in no way affect the other clauses and stipulations, which shall continue to apply. The fact that BABOLAT does not avail itself at a given time of one of the clauses of the GTCs shall not be interpreted as a waiver of the right to avail itself of it at a later date.
In the event of a dispute relating to the GTCs or the orders resulting therefrom, the dispute may be submitted to a mediator. However, BABOLAT and the User shall remain free to accept or refuse recourse to consumer mediation.
In France, if mediation is to take place, a mediator established by FEVAD will be proposed, as described at the address below http://www.fevad.com/mediation.
The solution proposed by the mediator shall not be binding on BABOLAT and the User. However, before resorting to mediation, the Customer must first make a complaint to the BABOLAT company's customer service department at the following address: Babolat VS SAS, E-commerce Customer Service, BABOLAT VS NORTH AMERICA 1775 CHERRY STREET, SUITE 100 LOUISVILLE, CO 80027, or by e-mail at the following address: firstname.lastname@example.org
Failing amicable settlement of the dispute, BABOLAT or the User may bring the matter before the competent courts.
Other types of ADR are also admissible.
BABOLAT is not obliged to participate in other alternative dispute resolution proceedings at a conciliation body for consumers and will therefore not participate in such proceedings.
Furthermore, the User should be informed that the European Commission provides a platform for extra-juridical online dispute resolution via the link http://ec.europa.eu/consumers/odr/ pursuant to art. 14 (1) of the EU regulation No. 524/2013.