terms and conditions of sale

The company AUTEUIL LUXURY PERFORMANCE SAS with a share capital of € 50,000, registered with the RCS of ASNIERES SUR SEINE under the number: 899609721, Intracommunity VAT number: FR18899609721, (hereinafter "the Vendor") offers its customers products or services (hereinafter the "Products" or "Services") via its website at 9 rue Robert Ayle (hereinafter the "Site"). It is hereby specified that these General Terms and Conditions of Sale (hereinafter the "GTCS") exclusively govern the sale of Products or Services on the Site.

CONTACT

Registered office: 9 RUE ROBERT AYLE
Email: [email protected]

Internet users visiting the Site who may be interested in the Products and Services offered are invited to read these GTC carefully. They are invited to print them out and/or save them on a durable medium before placing an order on the Site.

The customer acknowledges having read and understood these terms and conditions and accepts them in full and without reservation.

Application of the General Terms and Conditions

The Vendor reserves the right to modify the GCS at any time by publishing a new version on the Site. The GCS applicable to the Customer are those in force on the day of the order on the Site.

This Site offers online sales of the following products:

sportswear clothing and footwear

Access to the Site is free for all Customers. The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box before proceeding with the online ordering procedure. Ticking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTC implies that the Customer has the legal capacity to do so. If the Customer is a minor or lacks legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.

The Customer acknowledges the evidential value of the Vendor's automatic recording systems and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.

Article 1 - Prices and payment terms

1.1 - Pricing

The prices of the Products and Services are indicated in euros including all taxes (VAT + other taxes and in particular tax on videograms, eco-participation...) excluding participation in processing and shipping costs.

AUTEUIL LUXURY PERFORMANCE

reserves the right to modify its prices at any time and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Site. However, products will be invoiced on the basis of the rates in force at the time of order validation. Prices do not include shipping and handling charges.

In the event of an order to a country other than metropolitan France, the Customer is deemed to be the importer of the product(s) concerned. For all products shipped outside the European Union and DROM-COM, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. AUTEUIL LUXURY PERFORMANCE is not responsible for these taxes. They are to be borne by the customer, who is entirely responsible for their declaration and payment to the appropriate authorities in his country. Customers are advised to check with their local authorities.

1.2 - Late payment penalties

In the event of late payment by the professional customer, the Vendor may suspend all current orders, without prejudice to any other course of action.

Any sum not paid by the due date set out in these GCS shall automatically give rise, without formality or formal notice, to the application of late payment penalties equal to the rate applied by the European Central Bank to its most recent refinancing operation, plus ten points.

The Vendor reserves the right to ask the Customer for an additional sum if the collection costs incurred exceed this amount.

This penalty is calculated on the amount due, inclusive of tax, and court from the due date of the price without the need for prior notice.

In addition to the late payment penalties, a fixed penalty for collection costs of 40 euros will also be payable, ipso jure and without prior notice to the Customer.

Article 2 - Orders and customer account

2.1 - Customer account

It is not necessary to create a customer account before placing an order. However, the Customer undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address, when placing an order.

2.2 - Terms of payment

The Customer can place an order on this Site and pay by :

- Credit card

-Bank transfer

No data relating to the Customer's means of payment is collected by the Site. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by cheque or bank transfer, the delivery times defined in the "Delivery" article of these GTS only begin to run from the date of actual receipt of payment by the Vendor, who may provide proof of this by any means.

Order forms and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

2.3 - Ordering

Customers can place orders on :

- Online: 9 rue Robert Ayle

The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of your order validation.

2.4 - Payment terms

The price is payable in full on the day the order is placed.

Article 3 - Order validation

The Customer declares that he has read and accepted these General Terms and Conditions of Sale before placing his order. Validation of the order therefore implies acceptance of these terms and conditions.

Article 4 - Availability

Product availability is indicated on the Site, in the description of each Product. In the event of product unavailability after the order has been placed, the Customer will be informed. The order will be automatically cancelled and no bank debit will be made.

Article 5 - Delivery

5.1 - General information

Products are delivered to the delivery address indicated by the customer during the order process, unless delivery restrictions are indicated on the order validation page by the customer.

The Site has no geographical delivery restrictions, and orders can be shipped anywhere in the world. In the event of delivery of a Product outside the territory of the European Union and DROM-COM, the Customer declares himself to be the importer of the Product and accepts that, in such a case, it may be materially impossible for the Vendor to provide him with accurate information on the total amount of charges relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Vendor undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

5.2 - Delivery times

Delivery time corresponds to

the shipping time indicated on the Article sheet, plus
processing and delivery times.

In the event of delivery by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment, 30 days at the latest from the date of your order validation. AUTEUIL LUXURY PERFORMANCE cannot be held responsible for any delay in delivery due exclusively to the customer's unavailability after the carrier has made several proposals for an appointment.

If several products are ordered at the same time and have different delivery times, the delivery time of the order is based on the longest delivery time. AUTEUIL LUXURY PERFORMANCE reserves the right to split shipments. Shipping and handling charges will only be invoiced for a single shipment.

In the case of payment by credit or debit card and split deliveries, only products shipped are debited.

Customers are reminded that when they (or a third party designated by them) take physical possession of the products ordered, the risks of loss or damage to the products are transferred to them.

Article 6 - Delivery errors and delays

If the Customer's parcel is returned to the Vendor by the Post Office or other postal service providers, the Vendor will contact the Customer on receipt of the returned parcel to ask him/her what action to take on his/her order. If the Customer has mistakenly refused the parcel, he/she may ask for it to be sent back by first paying the postal charges for the new shipment. Postal charges must be paid even for orders where postage was free at the time the order was placed.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Vendor in its entirety and in perfect condition. The Vendor shall not be held responsible for any defects resulting from the Customer's clumsiness or faulty handling.

In the event of a delay in shipment, an e-mail will be sent to the Customer to inform him of any consequences on the delivery time indicated. In the event of late delivery, a new delivery date will be proposed.

Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer at the time of ordering or, in the absence of indication of a date or deadline at the time of ordering, in excess of thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-1 of the French Consumer Code. The request must be made in writing and sent by registered letter with acknowledgement of receipt, if the Vendor has not complied with the request to make delivery. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days of the date on which the contract was terminated, for all sums paid. This clause shall not apply if the delay in delivery is due to force majeure.

Article 7 - Acceptance

In the event of reservations concerning the delivered product (for example: damaged package, already opened...), the Customer must immediately notify the carrier and AUTEUIL LUXURY PERFORMANCE. The Customer may refuse a parcel at the time of delivery if he/she notices any anomaly concerning the delivery (damage, Product missing in relation to the delivery note, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier, and ask him to take back the damaged goods. Should the Customer fail to comply with these instructions, he will not be able to exercise his right of refusal, and the Vendor will not be obliged to comply with the Customer's request to exercise his right of refusal.

Article 8 - Transfer of ownership - Transfer of risk

Acceptance of the order form by the Vendor automatically entails transfer of ownership of the Products ordered. Acceptance of the order form by the Vendor automatically entails transfer of risk in the Products ordered.

Article 9 - Right of withdrawal

9.1 - Legal withdrawal period

In accordance with the legal provisions in force (article L.221-18 of the French Consumer Code), the Customer has a period of 14 days from placing the order to exercise his right of withdrawal without having to justify his decision or pay any penalty.

9.2 - Withdrawal terms and conditions

If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the cost of shipping will be reimbursed, with the cost of returning the product(s) remaining at the Customer's expense.

Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.), enabling them to be remarketed as new. In the event of product depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, the Customer may be held liable. It is understood that the Customer will bear the cost of returning the Product in the event of retraction, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by post. If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

To exercise his right of withdrawal, in accordance with legal provisions, the Customer may find attached in Appendix 2 the standard withdrawal form to be sent to AUTEUIL LUXURY PERFORMANCE at the following address: AUTEUIL LUXURY PERFORMANCE 9 RUE ROBERT AYLE. Once the withdrawal form or declaration has been sent to AUTEUIL LUXURY PERFORMANCE, at the latest within 14 days of receipt of your order, the Customer must return the product(s) concerned to AUTEUIL LUXURY PERFORMANCE within a reasonable time and, at the latest, within 14 days of sending the withdrawal form or declaration to AUTEUIL LUXURY PERFORMANCE.

The request must mention the order concerned by this retraction. If the returned parcel does not reach the Vendor, it will not be possible to launch an inquiry with the postal services in order to ask them to locate it. Customers may exercise their right of withdrawal by :

The customer may exercise his right of withdrawal by any means of communication.

In the event of exercising the right of withdrawal, AUTEUIL LUXURY PERFORMANCE will reimburse the sums paid at the latest within 14 days from the date on which AUTEUIL LUXURY PERFORMANCE is informed of your decision to withdraw, using the same means of payment as that used for the order (unless the Customer expressly agrees to reimbursement using another means of payment).

This refund date may be deferred until receipt of the product or until the Customer has provided proof of shipment of the product. The Vendor is not obliged to reimburse additional costs in the event of the choice of a delivery method that is more expensive than the standard delivery method offered on the Site.

Article 10 - Warranties

10.1 - Product conformity

In accordance with the provisions of the legal warranties of conformity and latent defects (referred to in the box below and whose texts are specified in Appendix 1 of these conditions), AUTEUIL LUXURY PERFORMANCE will refund or exchange products which appear to be defective or which do not correspond to the Customer's order. The Customer must then contact the Vendor as soon as possible.

Products must be returned in the condition in which the Customer received them, with all components (accessories, instructions, etc.) and in packaging that enables them to be transported in good condition. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed on presentation of supporting documents.

Under the legal warranty of conformity, the consumer :

has a period of two years from the date of delivery of the property to take action against the seller;
may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code ;
is exempt from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty that may cover your goods. It is reminded that the consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this Article.

10.2 - Satisfied or your money back

The Vendor offers the Customer the possibility of cancelling if he is not satisfied with his order without having to justify his decision. The Customer has

14 (FOURTEEN)

The Vendor will reimburse all sums paid by the Customer for the order.

Article 11 - Liability

The Vendor may only be held liable in the event of gross negligence, wilful misconduct or fraud. In all other cases, the liability of the Vendor may never be sought or incurred by Customers.

The products offered comply with current French legislation. AUTEUIL LUXURY PERFORMANCE may not be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the Customer's responsibility to check with the local authorities regarding the possibility of importing or using the products or services he/she intends to order.

Article 12 - Intellectual property

All texts, comments, works, illustrations, works and images reproduced or represented on the AUTEUIL LUXURY PERFORMANCE site are strictly reserved under copyright and intellectual property law for the entire world. As such, and in accordance with the provisions of the intellectual property code, only private use is authorized, subject to different or even more restrictive provisions of the intellectual property code. Any total or partial reproduction or representation of the Site or of all or part of the elements on the Site is strictly forbidden.

The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and requires the prior written authorization of the trademark owner.

Article 13 - Applicable law - Disputes - Claims handling - Mediation

Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts shall have exclusive jurisdiction.

Claims handling : If you have a complaint, please contact customer service using the contact details given in the preamble to these terms and conditions.

Mediation of consumer disputes :

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Customer may in any event have recourse to conventional mediation, with existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute. In this case, the designated mediator is: MCP Médiation - 12 square Desnouettes 75015 PARIS.

Online Dispute Resolution Platform :

In accordance with Article 14 of Regulation (EU) No. 524/2013, an Online Dispute Resolution platform has been set up by the European Commission, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link https://webgate.ec.europa.eu/odr/

Jurisdiction
In the event of any difficulty arising in connection with the order or delivery of items sold on the Site, the Customer shall first contact AUTEUIL LUXURY PERFORMANCE to seek an amicable solution. The Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method.

Any dispute arising from the formation, interpretation or performance of this contract shall be subject to the exclusive jurisdiction of the courts of the jurisdiction of

ASNIERES SUR SEINE

notwithstanding multiple defendants or warranty claims.

Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000 :

- The customer may bring the matter either before the courts of his place of residence or before the French courts,

AUTEUIL LUXURY PERFORMANCE

may bring the matter before the court in the place where the Customer is domiciled.

Article 14 - Personal data

In addition to these General Terms and Conditions, the site has a privacy and data management policy which describes how personal data is handled when the user visits the site, and how cookies are used.

By browsing the site, the user also declares that he/she has read the aforementioned privacy policy.

Appendix 1

Article L. 217-4 Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L. 217-5 Consumer Code

The property conforms to the contract:

Whether it is fit for the purpose ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L. 217-16 Code de la Consommation :

When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period court from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Appendix 2 - Withdrawal form

If you wish to cancel your order placed with AUTEUIL LUXURY PERFORMANCE, please complete and return this form - except for exclusions or limitations to the exercise of the right of cancellation according to the applicable General Terms and Conditions of Sale.

Attn: AUTEUIL LUXURY PERFORMANCE 9 RUE ROBERT AYLE

I hereby notify you of my withdrawal from the contract for the sale of the following goods / services(*) :

Ordered on ............................................ / Received on .......................................................................... (*)

Order number: ................................................................................

Name of consumer(s): ..........................................................................

Address of consumer(s): ..........................................................................

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date: ..........................................................................

(*) Delete as appropriate

Instructions for the Consumer Ombudsman

*** IMPORTANT ***

You have chosen to reference the MCP consumer mediation service in your General Terms and Conditions of Sale.

In accordance with legal requirements: the article "Applicable law - Disputes - Complaints handling - Mediation" in your GTCS informs your customers that MCP will be your mediator for all pre-litigation actions.

You must register with MCP immediately:

Click on this link: https://mcpmediation.org/demande-de-devis/

You will receive a 20% discount on their fees by using the promotional code: CFACTORY20