Last update: 22/01/2021
These general conditions of sale are concluded between, on the one hand,
Sole proprietorship established in La Boissière du Doré
Address : 14, Les Hautes Faux
44430 LA BOISSIERE DU DORE
Telephone : +33 (0)6 89 03 28 42 (price of a local call)
Registered with the RCS of Nantes under the number: A 905 325 585
TVA Intra-community number: FR47905325585
APE code: 4764Z
and, on the other hand, any adult individual wishing to make a purchase through the Innovathlé website (www.innovathle.com), exclusive property of Innovathlé.
These conditions govern the sale of any product presented on the site www.innovathle.com by the company Innovathlé. They aim to define the reciprocal obligations of the parties as well as the different stages of the ordering process.
These terms may be subject to change. Therefore, it is understood that the applicable conditions are those in force on the site at the time of signing the contract.
The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other condition. The items offered for sale may not be the subject of any transfer of any kind whatsoever.
Any order duly validated on the www.innovathle.com site implies full and unreserved acceptance of these general conditions of sale.
2 - ARTICLES AND PRODUCTS
The articles visible on the site www.innovathle.com are only deliverable within the limits of available stocks. Beyond available stocks, the buyer will be notified of the immediate non-availability of his product. In this case, he retains the possibility of purchasing the product, within longer periods than those usually practiced.
If the product is not available, Innovathlé undertakes to inform the buyer as soon as possible by e-mail or telephone. The buyer will then have the option of choosing another item or canceling their order and being reimbursed.
Any customer complaint regarding the order or delivery of an unavailable item will be considered unfounded.
Innovathlé strives to describe the products offered for sale with the greatest possible accuracy. However, if errors may have occurred in this presentation, Innovathlé cannot be held liable. The illustrations and photos of the products in support of the text do not enter into the contractual field. Under no circumstances can Innovathlé be held liable on the basis of the said illustrations / photos.
3 - PRICE
The prices indicated on the site www.innovathle.com are in euros, TVA included (TTC). TVA is applied at the rate in force in mainland France at the time of the order. Any rate change would be applied immediately to the current order.
The prices of the products are exclusive of shipping costs, which remain at an additional cost. These will be brought to the attention of the buyer when choosing the delivery method and before final validation of the order.
However, the establishment of the order depends on the geographical area of delivery:
-For deliveries in mainland France and in countries belonging to the European Union, the order will be established including tax.
-For deliveries in the DOM TOM AND OUTSIDE the European Union, the order will be established excluding tax automatically. Customs duties, other local taxes, import duties or state taxes may be payable upon entering the country. These rights are not the responsibility of Innovathlé. They are payable and are the sole responsibility of the buyer both in terms of declarations and payments to the competent authorities of the country concerned.
The products remain the property of Innovathlé until full payment of the price.
4 - ORDER PROCESS
The customer who wishes to place an order must follow the following procedure:
Choice of product: the customer selects the product he wishes to order.
Verification of the contents of the selection: the customer verifies the contents of his basket while retaining the possibility of deleting the products he has selected. For personalized products, the customer must check the personalization he wishes to bring to the product. Any claim relating to a personalization input error will be automatically rejected.
Identification: the customer must complete the identification form made available to him and indicate the information requested when creating the customer account (mandatory information: title, surname, first name, address, date of birth, e-mail, phone for delivery).
Verification of the order: the customer verifies the contents of his order, the total price, the delivery and billing addresses while retaining the possibility of deleting a product or modifying the billing and delivery address. He chooses his method of payment and he must confirm his acceptance of these general conditions of sale by ticking the corresponding box. Validation of the order is only possible after checking this box.
Acknowledgment of receipt of the order: the customer receives an e-mail summarizing the content of his order, namely:
Your order has been delivered
- the list of products ordered;
-the terms of delivery;
-these general conditions of sale.
It is advisable to keep and print this document, official proof of the order. The order is then recorded and processed by Innovathlé.which verifies the availability of the product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the products available for sale. Innovathlé undertakes to honor orders received on its website only within the limits of available stocks. In the event of unavailability of the products ordered, Innovathlé will contact the customer by e-mail as soon as possible, in order to notify them of the cancellation or refund of the order.
Confirmation of the dispatch of the order: the customer receives an e-mail confirming the dispatch of his order. The contract is deemed to have been concluded on the date of sending this e-mail.
Order tracking: The customer receives an e-mail with the tracking number of his package. The customer will also receive several emails to follow up on the delivery of the product.
5 - DELIVERY
The items ordered will be delivered to the delivery address that the customer has provided on the order form (or from the collection point if applicable).
5-2. DELIVERY TERMS
For all products, the order is prepared for departure from the Innovathlé premises within an average of 72 working hours (subject to stock availability) from the confirmation of the order by e-mail. This order period cannot be taken into account in the event of pre-orders, or products that are not immediately available.
Orders are then delivered by carriers (Colissimo-La Poste/Mondial Relay) via the Sendcloud platform. As of the support by Sendcloud, the customer is delivered to his home or to a relay point within the time limits specified above.
5-3. DELIVERY TIMES AND RATES
The delivery times announced on the site apply from the receipt by the customer of the order confirmation e-mail sent by Innovathlé.
Deliveries in mainland France and within the European Union are invoiced with French VAT.
The deadlines announced on the site are purely indicative and depend on the destination and the availability of the product ordered. Exceeding this period cannot give rise to any order cancellation, any reduction in the price paid by the buyer, and any payment for damages. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, for lack of delivery at the end of a period of ninety days from the day following which the customer has placed his order, the customer will have the possibility of canceling his order free of charge. The sums he has paid will then be refunded to him.
In cases where it has the capacity, Innovathlé reserves the right to offer it a product of quality and price equivalent to the initial product.
Innovathlé cannot be held responsible for additional delays caused by the non-delivery of a bank authorization or an incomplete order form.
The products are insured by Innovathlé until the start of delivery.
5-4. RECEIPT OF PRODUCTS AND COMPLAINTS
Regarding the receipt of packages, Innovathlé strongly recommends that the customer check the apparent condition of the products upon delivery. In the event of an anomaly (damaged packaging, missing or damaged products), the customer:
must send within 48 hours of delivery a declaration of reserve to the carrier by registered mail with acknowledgment of receipt
send a copy of this letter to Innovathlé Customer Service 14 Les Hautes Faux, 44430 La Boissière du Doré.
In case of doubt, the customer is advised to open the package in the presence of the carrier to ensure that there is no damage to the product. Failing this, no claim may be brought by the customer to Innovathlé.
6 - PAYMENTS
The customer has the option of paying by credit card directly on the site, with a Visa, Eurocard or Mastercard. Payment methods are provided by Stripe.
Payment methods such as bank transfer and cash on delivery are not accepted without prior agreement.
The amount of the invoice will be debited from the customer's account on the date of payment.
In order to ensure payment security, the www.innovathle.com website uses the Stripe secure payment service. This service incorporates the SSL security standard. Confidential data (the 16-digit bank card number, the expiry date and the visual cryptogram) are directly transmitted encrypted to the Stripe server without passing through the physical media of the www.innovathle.com server. When the order is validated, the payment request is routed in real time to the Stripe remote payment manager. This sends an authorization request to the bank card network. The online payment manager issues an electronic certificate.
For any payment by credit card on the www.innovathle.com website, the electronic certificate issued by the remote payment manager will serve as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code. In this regard, the dates and times of the server will prevail between the parties.
Innovathlé reserves the right to refuse an order if there is an ongoing prior dispute or an abnormally high order level.
7 - RIGHT OF WITHDRAWAL
The buyer has a period of 15 days to exercise his right of withdrawal. Within 15 days of the date of receipt of the ordered goods, the buyer can therefore request an exchange or refund of the item(s) purchased.
Beyond the 15-day period, Innovathlé will be free to refuse the exchange, credit note or refund.
The exchange or refund procedure is as follows:
The buyer must inform Innovathlé of his wish to withdraw within 15 days of receipt of his order.
Innovathlé sends an acknowledgment of receipt of the withdrawal by email as soon as it is informed.
The buyer completes the return form accompanying the product(s) purchased, specifying whether it is an exchange or a refund for each item.
The buyer returns the product(s) as well as the duly completed return slip by registered mail or tracked parcel within a maximum of 15 days after informing Innovathlé of its wish to withdraw.
Returns are made directly on the Innovathlé return portal:
The right of withdrawal does not apply to personalized and made-to-order products.
The exchange is for the same item of a different size or color if the amount is the same and within the limits of stock availability. The exchange will be processed within a maximum period of 15 days from the date on which Innovathlé is informed of the customer's decision to withdraw, provided that the product is returned in perfect condition, and unused.
The costs of returning the product(s) to be exchanged are the responsibility of the customer, as are the costs of re-delivery.
If the customer opts for a refund, Innovathlé will reimburse the customer for the price of the product(s) within a maximum period of 15 days from the date on which Innovathlé is informed of the customer's decision to withdraw, provided that the product is returned in perfect condition, unworn and correctly folded. Reimbursement may be deferred until recovery of the products or proof of shipment of the products by the customer. The date chosen is that of the first of these facts. The refund will be made using the same payment method used for the initial transaction. In case of use of a virtual payment card, the refund will be made by check sent to the customer's home.
The costs of returning the product(s) to be exchanged are the responsibility of the customer.
8 - LEGAL GUARANTEES AND AFTER-SALES SERVICE
The products sold benefit from the legal guarantee of conformity provided for by articles 211-4 and following of the consumer code and the guarantee against hidden defects (articles 1641 and following of the civil code). These warranties cover hidden defects and visible defects from the date of delivery. The only obligation incumbent on Innovathlé under this warranty is, at its option, the free replacement or repair of products found to be defective without any other benefit or compensation.
This warranty does not cover damage resulting from misuse of the product, normal wear and tear due to its use or failure to comply with washing and maintenance instructions. To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product as well as the delivery note.
9 - CONFIDENTIALITY
All the personal information collected from the customer is necessary for the processing of the order, its delivery and the establishment of the invoice.
This information may be distributed by Innovathlé to its contractual partners as part of the fulfillment of the order, in particular to ensure the transport of the products ordered.
Innovathlé is committed to protecting this data concerning the customer. The customer has a right to access, modify, rectify and delete data concerning him. In this case, the customer may modify his personal information directly in the “My account” section on the www.innovathle.com website.
When creating a customer account on the www.innovathle.com website, Innovathlé also offers the possibility of receiving by e-mail, via the “Innovathlé Newsletter”, information on events, exclusive offers, special promotions , novelties, contests organized by Innovathlé. The customer may decide, at any time, to no longer receive this "Innovathlé Newsletter" by unsubscribing using the unsubscribe link included in the footer of the e-mail.
10 - RESPONSIBILITIES
Innovathlé cannot be held liable for any events, inconveniences or damage inherent in the use of the Internet network, in particular in the event of a break in service, external intrusion or the presence of computer viruses.
In addition, Innovathlé cannot be held responsible for the non-performance of the contract concluded in the event of a fortuitous situation, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding , fire. Innovathlé incurs no liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise.
11 - ATTRIBUTION OF JURISDICTION
These general conditions of sale are subject to French law. Any dispute that has not found an amicable solution will be subject to the exclusive jurisdiction of the competent courts or to the jurisdiction of the actual place of delivery of the customer's order, notwithstanding multiple defendants and/or warranty claims, even for procedures emergency or conservatory proceedings in summary proceedings or by motion.
12 - CUSTOMER SERVICE AND ASSISTANCE
You can contact Customer Service free of charge by e-mail for any question relating to your order, its shipping and its follow-up:
By e-mail to: firstname.lastname@example.org
By post: Innovathlé, 14 Les Hautes Faux, 44430, La Boissière du Doré
13 - INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Innovathlé.
No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods is strictly prohibited without the agreement of Innovathlé.