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Home Conditions générales de Vente

TERMS & CONDITIONS

Introduction

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ARTICLE 1: Scope of application and modifications to the General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to all orders submitted on the www.rugbydivision.com website, an e-commerce service published by Rugby Division.

The publisher hereby reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the event of a modification, each order shall be subject to the General Terms and Conditions of Sale in effect on the day the order is placed.

These General Terms and Conditions of Sale are applicable only to non-trading natural persons.

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ARTICLE 2: Product availability

Our product and price offers shall be valid as shown on the site. Upon receipt of your order, we will verify the availability of the product(s) ordered. If, exceptionally, the product you ordered is not available, we hereby agree, within 30 days of the order confirmation, either to deliver you the product ordered, or to reimburse you for it using the payment method used when placing your order.

The order confirmation date is the date of payment using the debit/credit card online with our partner's secure payment terminal, or upon receipt of the cheque for a non-debit/credit card payment.

In the event of an exceptional inventory shortage affecting one of the products in your order, we will ship the rest of your order, accompanied by an information note on the order packing slip.

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ARTICLE 3: ORDER CONFIRMATION AND ELECTRONIC SIGNATURES

Any order confirmed by clicking on the Confirm and Pay button during the ordering process implies irrevocable acceptance of these General Terms and Conditions of Sale.

Clicking on the Confirm and Pay button combined with the authentication and non-repudiation procedure, and with the protection of message integrity, constitutes an electronic signature. This electronic signature shall be of equivalent value between the Parties to a handwritten signature.

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ARTICLE 4: Prices

Rugby Division reserves the right to change its prices at any time, but hereby agrees to honour the prices displayed at the time of your order, subject to availability on that date.

The products shall remain the property of Rugby Division until the price of the order is paid in full to Rugby Division.

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ARTICLE 5: PAYMENT METHODS AND SECURITY

PAYMENT METHODS

Cash payment by debit/credit card

You can make your payment by debit/credit card: in this case, the payment will be made through the website of our partner. This means that none of your banking information will be transmitted via the Rugby Division website. Therefore, the debit/credit card payment is completely secure. Your order will be recorded once the banking service accepts the payment. You can pay online with full confidence, by entering the number, expiry date and security code on the back of your card in the fields provided for this purpose.

Your debit/credit card information is encrypted using the SSL (Secure Socket Layer) and is never transmitted openly over the network. The payment is made directly to the bank. Rugby Division has no access to this information and does not keep it on its servers. That's why you are asked for it again with each transaction on our site.

Cash payment by PayPal

You can make your payment by PayPal: in this case, the payment will be made through the website of our partner. The PayPal terms of use shall apply.

FRAUD PROTECTION

Rugby Division hereby reserves the right to check the validity of the payment, before shipping the order, by any means that Rugby Division deems necessary (notably requesting identification, proof of address, etc.).

PAYMENT DEFAULT

Rugby Division reserves the right to refuse to make a delivery or honour an order from a customer who has not fully or partially paid a previous order, or with whom a payment dispute is pending. In the event of fraud, Rugby Division reserves the right to terminate any membership without advance notice or compensation.

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ARTICLE 6: SHIPMENT

ORDER PREPARATION TIMES

Orders are prepared within 1 to 2 business days, in addition to transport times.

Orders placed on a Saturday, Sunday, or holiday will be processed on the next business day.

The order is shipped to the address indicated on the purchase order. In the event of a data entry error, particularly an invalid or incomplete shipping address, Rugby Division cannot be held liable for the consequences in terms of a late or returned shipment. All costs related to the re-shipment of products due to an entry error by the customer shall be payable exclusively by the customer.

Shipping times may not exceed 30 business days after the date of payment confirmation by the Customer.

The shipping times stated are the times from when the order leaves the warehouse.

For products sent by Colissimo:

The average shipping times are 2 to 4 business days starting from the payment confirmation.

This time is an average time corresponding to the service used for shipment in France and Europe (Schengen area).

In the event they are not at home, the customer will be responsible for picking up the product from the services concerned.

In the event of holidays, periods of high volume such as sales, bad weather, extraordinary closures or travel bans, the processing and shipment times may be extended.

Shipment tracking:

After payment confirmation, you will be assigned an order number. Your order is then recorded. We suggest you print out the order number and keep it on hand. You can track the processing steps of your order at any time in your customer area under "My Account".

The Customer must provide a valid email address, otherwise Rugby Division cannot be held responsible for the consequences. The Customer must make sure to update their information in their Customer area.

SHIPPING CHARGES

France
Orders between 0 and €60 Orders > €60
Colissimo €6.90 (delivery in 48 hours)
Mondial Relay €3.90 (delivery in 48 hours) Free
Chronopost €14.90 (delivery in 48 hours)
DOM
Colissimo €35 (D+5 to D+10)
Europe
Orders between 0 and €60 Orders > €60
Mondial Relay €3.9 for available countries (D+3/4) Free
UPS Access point €8.5 for available countries
(D+2/3)
Free

SHIPPING DESTINATION COUNTRIES

The countries Rugby Division ships to are France, Germany, the United Kingdom, Austria, Belgium, Poland, the Netherlands, Luxembourg, Italy and Spain.

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ARTICLE 7: RESPONSIBLITIES

Rugby Division cannot be held liable for the non-performance of the agreement entered into in the event of a fortuitous or force majeure event as defined by French law and case law.

The selection and purchase of a product are the Customer's sole responsibility.

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ARTICLE 8: RIGHT OF RETRACTION

CONDITIONS FOR EXERCISING THE RIGHT OR RETRACTION AND ARRANGEMENTS FOR RETURN

Pursuant to the provisions of Article L.121-21 of the French Consumer Code the customer has a period of 14 days to exercise his/her right of retraction without having to provide justification. The starting point of this period is the day the order is received by the Customer or by the third party appointed by the Customer.
If the 14-day period expires on a Saturday, Sunday, or holiday, it is extended to the next business day.

To exercise the right of retraction, the Customer must notify Rugby Division of his/her decision to submit a return, before the expiry of the period:

  • By clicking here to go to your Customer Area.
  • Or through a clear, unambiguous declaration, such as an email specifying the following information: name, address, telephone number, order number, product reference, type of item, price, and quantities.

The Customer must return the item(s) being returned to Rugby Division, without an excessive delay and within 14 days at the latest starting from notification to Rugby Division of their decision to return the order.

In order to ensure proper receipt and to accelerate the processing of the return, the Customer must follow one of the following procedures.

Return procedure, products shipped by Colissimo, Chronopost, or to a PICK-UP POINT (Mondial Relay, UPS Access Point) send your package to the following address:

  • Go to the "My Account" customer area
  • Click on the order concerned
  • Click on the "Make a return" button
  • Follow the prompts
  • Fill out a Delivery Slip (downloadable from this screen), entering the information requested in the boxes provided for this purpose
  • Pack the product(s) to be returned and attach the completed delivery slip.
    -Make sure to wrap the package properly (consult the official recommendations)
  • For products shipped by Colissimo, Chronopost, or to a PICK-UP POINT (Mondial Relay, UPS Access Point) send your package to the following address:

    Rugby Division (Returns)
    Rue Claude Chapel
    35400 SAINT MALO

You will be informed by email that your return has been processed.

REFUNDS

For Customers who exercise their right of retraction, Rugby Division will refund them the purchase price of the item(s) concerned in addition to shipping charges based on the least expensive standard shipping method offered by Rugby Division, if the entire order is returned.

In France:
Returns are free by Colissimo and by Mondial Relay.
In Europe:
Returns are free at Pick-Up Points (Mondial Relay, UPS Access Point)

The amounts of said charges are provided for information in Article 6.4.

In the event of a return of one or more items purchased under a promotional offer or sale, the amount of the refund will be the amount shown on the invoice attached to the package.

The refund will be made after Rugby Division receives the item(s) returned by the Customer.

The refund will be made using the payment method used for the returned order, within a period of 30 days starting from the exercise of the right of retraction.

The refund cannot be processed if the item has been damaged due to handling beyond what is necessary to check its type, characteristics, and/or conformity.

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LEGAL WARRANTIES

WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS

The products are covered by the statutory Warranty of Conformity (Article L. 211-4 et. seq. of the Consumer Code) and the Warranty Against Hidden Defects (Article 1641 et. seq. of the Civil Code). Warranty is excluded in the event of damages of external origin or consequent on improper use, use not in conformity, negligence, or fault in handling on the part of the Customer, as in the case of normal product wear and tear.

- Article L211-4 of the Consumer Code

The seller must deliver goods which are in conformity with the sales contract and respond to defects of conformity existing upon delivery (...).

- Article L211-5 of the Consumer Code

In order to conform to the contract, the item must:

1° Be appropriate for the use normally expected for such an article and, if appropriate: correspond to the description given by the seller and have the characteristics shown to the purchaser in the form of a sample or model have the characteristics that a purchaser might legitimately expect in view of public statements made by the seller, the manufacturer, its representative, notably in advertising or labelling

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and to which the latter agreed .

- Article L211-7 of the Consumer Code

Any lack of conformity, which becomes apparent within six months of delivery is presumed to have existed at the time of delivery unless proven otherwise. The seller can rebut this presumption if it is not compatible with the nature of the item or the conformity defect invoked.

- Article L211-9 of the Consumer Code

In the event of a conformity defect, the buyer chooses between the repair or replacement of the item. However, the seller has the right not to follow the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, considering the value of the item or the significance of the defect. They must then follow the option not chosen by the buyer, unless it is impossible.

- Article L211-10 of the Consumer Code

If the repair or replacement of the item are not possible, the buyer may return the item and be refunded the purchase price, or keep the item and be refunded a portion of the purchase price.

The same option is available to the buyer:

1° If the solution requested, offered, or agreed upon pursuant to Article L.211-9 cannot be implemented within a period of one month from the buyer's claim

2° Or if this solution cannot be employed without a major drawback to the buyer due to the nature of the item and the intended use.

The sale cannot, however be cancelled, if the defect in conformity is minor.

- Article L211-12 of the Consumer Code

Action resulting from defects in conformity is no longer required after two years from the date of delivery of the item.

- Article L211-13 of the Consumer Code

The provisions of this section shall not deprive the buyer of the right to take action resulting from latent defects, pursuant to Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or non-contractual nature to which he/she is entitled by law.

- Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects of the item sold which render it unsuitable for its intended use, or which diminish its use so much that the buyer would not have purchased it, or would have paid a lower price if he/she had known of them.Article 1648, Paragraph 1 of the Civil Code: The action resulting from the latent defects must be initiated by the buyer within a period of two years starting from the discovery of the defect.

The guarantor against defects in the item sold is RUGBY DIVISION SAS, whose registered offices are located at 75 Rue de Lourmel 75015 Paris. When he/she acts on the legal conformity warranty, the Customer has a period of two years from the delivery of the item to act, may choose between the repair or replacement of the item, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code, and is exempt from providing proof of the existence of the conformity defect of the item in the 6 months following the delivery of the item. The statutory conformity warranty applies independently of any commercial warranty that may be granted.

The customer may decide to implement the warranty against hidden defects for the item sold in the meaning of Article 1641 of the Civil Code, and may choose between the cancellation of the sale and a reduction in the selling price pursuant to Article 1644 of the Civil Code.

ARRANGEMENTS FOR RETURN AND REFUND OF DEFECTIVE OR NON-COMPLIANT PRODUCTS

The customer requesting the application of the statutory conformity warranty or hidden defects warranty must then return the item within the above-mentioned periods to Rugby Division at the following address:

  • Rugby Division (Returns)
    Rue Claude Chapel
    35400 SAINT MALO

Prior to this return, the Customer must contact the Web Customer Service using the contact form on the site or by calling 04 68 73 79 76. In the event of a return of a defective or non-compliant product, after Rugby Division notes the defect or non-compliance, Rugby Division will refund the Customer's purchase price for the item(s) concerned, in addition to, in the event the full order is returned, the shipping costs.

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ARTICLE 10: INTELLECTUAL PROPERTY

All elements of the Rugby Division website, whether visual or audio, are protected by copyright, trademark, or patent. They are the exclusive property of Rugby Division. In this capacity, and in accordance with the provisions of the French Intellectual Property Code, they are authorized only for private use, subject to the different, even if more restrictive, provisions, of the Intellectual Property Code.

Any total or partial reproduction of the Rugby Division website is strictly prohibited without prior approval.

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ARTICLE 11: LIABILITY

Rugby Division shall be subject, for all steps in accessing the site (processing the order, shipping, customer service, and after-sales service), solely to a best efforts obligation. Rugby Division shall not be held liable for any difficulties or damages inherent tin the use of the Internet, notably service outages, external intrusions, or the presence of computer viruses, or of any force majeure event, in accordance with French case law.

Moreover, Rugby Division may not be held liable if the order does not go through or if it is prevented from complying with any of its obligations due to a force majeure event under the meaning of French case law, and notably in the event of bad weather interfering with the shipment of the order.

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ARTICLE 12: INTEGRALITY

If one of the clauses of this agreement is rendered null and void due to a change in legislation, regulations, or by a court ruling, this shall not in any case affect the validity of and compliance with these General Terms and Conditions of Sale.

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ARTICLE 13: DURATION

These terms shall apply for the entire duration of services offered online by Rugby Division.

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ARTICLE 14: EVIDENCE

The computer registries, kept in the IT systems of Rugby Division and its partners under reasonable security conditions, shall be considered as evidence of communications, orders, and payments between the Parties.

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ARTICLE 15: TRANSACTION CONSERVATION AND ARCHIVING

The archiving of purchase orders and invoices is carried out on a reliable, durable medium in a manner that corresponds to a reliable, durable copy in accordance with Article 1348 of the French Civil Code.

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ARTICLE 16: DISPUTES

These terms and conditions are subject to French law.
In the event of a dispute, Rugby Division and the Customer shall attempt to resolve it amicably. In the event a compromise cannot be reached, only French courts shall have jurisdiction.

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ARTICLE 17: RUGBY DIVISION CUSTOMER SERVICE

For any information or questions, the Rugby Division Customer Service department is available to the Customer:

  • Electronically, using the contact form located at the bottom of the page.
    For any subsequent electronic correspondence, the Customer is asked to use the email address provided for their Customer account. This will enable faster processing of the request.
  • By calling 04 68 73 79 76
    Monday to Friday, from 10 am to 12 midday, and from 2 to 4 pm.
  • By post :

    Rugby Division (Customer Service)
    75 RUE DE LOURMEL
    75015 PARIS

For order tracking only/for a question related to After-Sales Service: you may login to your "My Account" customer area and then use the contact form.

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ARTICLE 18: FRENCH DATA PROTECTION ACT PROVISIONS

Rugby Division reserves the right to collect information on the user, notably through the use of cookies. Subject to your agreement, we may, for commercial reasons, pass on the identity and contact information of service users to a sales partner, The user is hereby informed that this automated information processing, notably the management of user email addresses, has been the subject of a declaration to CNIL under No. 1976642 on 18/JUL/2016.

Pursuant to the French Data protection Act No. 78-17 of 6 January 1978 regarding computers, files, and freedoms, you have a right to access, correct, and remove information about yourself. We offer the option of exercising these rights by contacting us at the address indicated above.

The site features an identification system using cookies for identification purposes. Cookies are files stored in a directory on your computer. These cookies have a temporary lifespan or last one year, depending on the options selected. You may disable cookies by configuring your browser to do so.

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ARTICLE 19: COOKIES

Our Website is particularly responsive to the needs of our customers.

We use cookies in order to provide you with a personalized service targeted at you, and to ensure that the services and offers proposed to you are relevant to you.

WHAT IS A COOKIE?

A cookie is a piece of information placed on your computer by the server of the site you are visiting. It contains several data items: the name of the server that placed it; an identifier in the form of a unique number, possibly an expiry date, etc.

This information is sometimes stored on your computer in a simple text file which the server accesses in order to read and record information.

THE ROLE OF COOKIES ON Rugbydivision.com

Cookies play an essential role in the way that the Rugby Division website operates.

Their main purpose is to improve your experience on the site.

Some cookies are used to remember your preferences and certain information about your browsing on our Website (pages viewed, etc.).

For example, Rugbydivision.com uses cookies to remember your shopping cart so that you can make your purchases online.

The cookies issued by our company are used in particular to improve the presentation of the site and the information about the products offered (aimed at making this information more relevant based on the information provided by the user).

Cookies also help to better adapt and personalize the offers proposed to you.

We use several types of cookies:

Cookies that enable you to identify yourself and consequently to access your account, your shopping cart, etc.

Cookies used to remember the elements that open up on the site in the form of windows (or other elements) and which you have already viewed on a previous visit.

Cookies which help to adapt the presentation of the site to your computer's display preferences.

Cookies which help to establish visit statistics.

Cookies which help to evaluate the overall use of the Website by users.

Cookies which help to generate offers based on user interests.

Using them, we can also propose an appropriate selection of products and services.

Other cookies are issued by third parties, and there is no exhaustive list of third party cookies because they are constantly evolving.

They help to target your interests based on the different pages visited in order to offer appropriate, relevant advertisements.

CONFIGURING YOUR COMPUTER TO ACCEPT OR REJECT COOKIES

At any time, you may decide to configure your computer to accept or reject cookies.

Keep in mind, however, that this may affect your browsing experience and prevent you from accessing certain services.

You have the option of:

Systematically recording all cookies issued by the website visited or

Systematically rejecting all cookies issued by the website visited

If you reject cookies issued by our company or delete cookies already recorded by our company, you may not receive some content and services on our website (notably cookies enabling the creation of an online account or the use of certain features of the Rugbydivision.com website)

Where applicable, we decline all responsibility for the consequences related to less effective operation of our services, due to the inability of our services to record or view the cookies you have decided to delete or reject.

Or configure your browser software to enable you to accept cookies, or to reject the various cookies that may be proposed to you regularly.

Depending on what you would like and the brow"ser you use, you should go to the page provided for this purpose in order to configure your computer, namely:

For Internet Explorer: http://windows.microsoft.com/fr-FR/internet-explorer/delete-manage-cookies#ie=ie-11

For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr

For Mozilla Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies

For Safari: http://www.apple.com/legal/privacy/fr-ww/cookies/

For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

For Dolphin Browser: https://dolphinbrowser.desk.com/customer/portal/articles/1249912-how-do-i-change-the-cookiesettings-?b_id=317

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