I. General scope
A. These business General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between My Squash SARL (hereinafter referred to as “Supplier”) and its Customer in the version that was in effect upon execution of the contract.
B. Any business terms and conditions of the Customer that deviate from the present document shall not apply.
C. Both consumers and businesses are deemed to be Customers under §1 (1). A consumer is any natural person for whom the purpose of the order is not attributable to a commercial trading, self-employment, or freelance activity. A business, however, is a natural or legal entity, or a legally capable partnership that places orders for purposes of commercial trading, self-employment, or freelance activities.
II. Orders for one-time deliveries and the effective date of the contract
A. The presentation of the products in the internet shop does not constitute a binding offer on the part of the Supplier resulting in the establishment of a sales contract. The Customer is thereby merely requested to make an offer by placing an order. The Customer may view previous orders in his/her user account.
B. The products and services offered are those listed in the catalog published on the My-Squash.com site. These products and services are offered within the limits of available stocks.
C. Each product is accompanied by a description provided by the supplier. The photographs in the catalog are as accurate as possible but cannot ensure a perfect similarity with the product, especially with regard to colors.
D. When one or more products are selected, they are placed in the virtual shopping basket. All of the selected products may be viewed in the shopping basket. The number of products being ordered may also be changed there, and a product that has been included in the order may be removed. When you click the “Checkout” button, you will be asked to enter the information needed for delivery and to select a payment method. Before the order is concluded, you will see a summary of all the information that is relevant to the order. When you press the “Pay” button, the ordering process will be ended and the order will be sent.
E. By submitting an order in the internet shop the Customer is making a binding offer with the aim of concluding a sales contract for the merchandise in the shopping basket. By submitting an order, the Customer also affirms that solely these General Terms and Conditions govern the legal relationship with the Supplier.
F. The Supplier shall confirm receipt of the Customer's order by sending a confirmation email. However, this order confirmation does not yet constitute acceptance of the contract offer by the Supplier. It merely serves to notify the Customer that the order has been received by the Supplier. Notification that the contract offer has been accepted shall be provided within two days by shipping the merchandise or by giving express notice of acceptance.
A. The prices listed for the products at the time and order is placed apply to orders. All of the stated prices include the French statutory value-added tax but do not include shipping costs. Additional costs shall be stated separately on the invoice.
IV. Terms of delivery
A. For deliveries to destinations in France, shipping costs start at 6 €.
B. For deliveries to destinations in Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, shipping costs in the maximum amount of 12,15 € shall be billed.
C. For deliveries to destinations in Armenia, Albania, Algeria, Azerbaijan, Belarus, Bosnia-Herzegovina, Georgia, Island, Macedonia, Morocco, Moldavia, Montenegro, Norway, Serbia, Tunisia, Turkey, Ukraine, shipping costs in the maximum amount of 19,35 € shall be billed.
D. For deliveries to other destinations, shipping costs in the maximum amount of 26,30 € shall be billed.
E. The Supplier may make partial shipments and perform partial services. The Supplier shall bear the resultant costs.
F. Delivery shall be done via Colissimo or GLS according to your choice. The Supplier ships merchandise from Monday through Friday noon. Delivery usually takes 2 days in France, 4-5 working days abroad.
G. If a buyer does not accept the merchandise, the Supplier may sell the merchandise to a third party after a period of 2 weeks and may hold the original buyer responsible for any resultant losses that may result.
H. Deliveries are made to the address specified in the order that can only be in the area agreed. The risks are borne by the purchaser at the time the goods have left the premises of My-Squash SARL. In case of damage during transportation, a complaint must be made with the carrier within three days of delivery. Delivery times are only given as an indication; if they exceed thirty days from the order, the sales contract may be terminated and the buyer paid.
I. If the merchandise cannot be delivered as a result of force majeure or product discontinuation, or if the Supplier cannot procure the products that were ordered at reasonable terms and conditions, and if such circumstances do not occur until after a contract has taken effect and the Supplier is not accountable for them, the Supplier shall be released from the obligation to deliver the merchandise. If events that make it significantly more difficult or impossible for the Supplier to deliver merchandise - for example strikes, lockouts, actions by regulatory agencies, etc. - the Supplier shall not be responsible for delays, even in the case of contractually agreed grace periods and dates.
V. Terms of payment
A. We offer following payment methods: pay by credit card (Visa, MasterCard), PayPal, and cheques (in France only). We reserve the right to exclude certain payment methods.Payments by credit card are made through the secure Monetico system that uses SSL '' Secure Socket Layer '' so that the transmitted information is encrypted by software and no third party can become acquainted during transport over the network. The buyer's account will be debited only when the products or services are available.
B. The Supplieutilizestilises reliable third parties to process payments. The Supplier accepts payments to such third parties if they are necessary in order to meet contractual obligations. Specifically, this is currently the payment process services provider La Caisse Fédérale du Crédit Mutuel 34, rue du Wacken 67913 Strasbourg Cedex 9, France.
VI. Transfer of risk
A. In the case of Customers, the risk of an unforeseeable loss and an accidental deterioration of the ordered merchandise is transferred to the Customer, or a consignee designated by the Customer, upon handover. This applies regardless of whether or not the shipment was insured. In all other cases, the risk of an unforeseeable loss and an accidental deterioration of the ordered merchandise is transferred to the Customer, or a consignee designated by the Customer, upon handover; in the case of merchandise shipped by the seller to the buyer, this risk is transferred to the buyer when the merchandise is delivered to the carrier or to the person or organisation that is otherwise selected to transport the consignment.
VII. Retention of title
A. In the case of consumers, we retain ownership of the merchandise being purchased until the invoice amount is fully paid. If you are a business engaged in a commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we retain ownership in the purchased merchandise until all outstanding accounts receivable arising from the business relationship with the ordering party are settled. The corresponding security interests may be assigned to third parties.
VIII. Due dates
A. The payment of the purchase price is due when the contract takes effect
A. All products supplied by the seller have the legal guarantee provided by Article 1641 of the Civil Code. In case of non-compliance of a product sold, it can be returned to the vendor who will take over, refund or exchange.
B. All claims, requests for exchange or refund must be made by post to the following address: My Squash SARL - 19 Rue Joseph and Etienne Montgolfier, 93110 Rosny-sous-Bois - FRANCE in a period of thirty days after delivery.
X. Liability disclaimer
A. Must otherwise agreed below, the Customer has no right to claim for damages. The above liability disclaimer also applies to legal representatives and agents of the Supplier should the Customer make claims against them.
B. Excluded from the liability disclaimer set forth in number 1 are claims for damages arising from injury to life, limb, health, and damage claims arising from the violation of essential contractual obligations. Essential contractual obligations are those that must be performed in order to achieve the purpose of the contract. For example, the Supplier must provide the merchandise to the Customer free of material defects and defects of title. Also excluded from the liability disclaimer is the liability for damages based on wilful or grossly negligent violation of the duties of the Supplier, its legal representatives, or agents.
XI. Prohibition of assignment and pledging
A. Customers are prohibited from assigning or pledging claims or rights of the Supplier without the permission of the Supplier if the Customer cannot demonstrate that it has a legitimate interest in said assignment or pledging.
XII. Offsetting and retention rights
A. The Customer only has a right to offset if its claim that is to be offset was found to be res judicata or is undisputed. Furthermore, you only have a right of retention if and insofar as your counter-claim is based on the same contractual relationship.
B. If the Customer is late in making any required payments, all existing amounts payable shall be due immediately. If you have any questions regarding the collection, processing, or use of your personal data, regarding the disclosure, correction, blocking, or deletion of data, and regarding the retraction of any consents that have been granted, please contact: email@example.com
XIII. Cancellation policy
A. You have the right to cancel this contract within 14 days without stating the reason(s) why.
B. This cancellation time limit is 14 days:
1. In the event of a sales contract, beginning with the day on which you or a third party designated by you, who is not the carrier, will take possession or has taken possession of the merchandise.
2. In the event of a contract pertaining to a number of merchandise items that were ordered in a single order and that are delivered separately, beginning with the day on which you or a third party designated by you, who is not the carrier, will take possession or has taken possession of the last merchandise.
C. To exercise a right of cancellation, you must inform us (My Squash, 19, rue Etienne et Joseph Montgolfier, 93110 Rosny-sous-Bois, France, firstname.lastname@example.org) by means of a clearly stated declaration of your decision to cancel this contract (for example, a letter sent by surface mail or an email).
D. To comply with the cancellation time limit, it is sufficient if you send the notification regarding the exercise of your cancellation right before the cancellation time limit has expired.
E. Consequences of the cancellation
If you cancel this contract, we must pay back all payments that we have received from you, excluding the delivery charges promptly and at the latest within 14 days from the day on which we received the notification that you are canceling this contract. We use the same payment method for this repayment as the one that you used in the original transaction, unless otherwise expressly agreed to with you; in no case will you be charged for expenses arising from this repayment. We may refuse repayment until we have received the merchandise or until you have provided documented verification that you have returned the merchandise, whichever takes place first.
F. You must return or transfer possession of the merchandise promptly - in any event no later than within 14 days from the day on which you informed us of the cancellation of this contract - to
19, rue Etienne et Joseph Montgolfier,
G. The time limit is granted when you send back the merchandise before the time limit of 14 days has passed.
XIV. Cancellation form
If you want to cancel the contract, please fill out this form and return it to us.
To: My Squash SARL,
19, rue Etienne et Joseph Montgolfier,
I/we (*) hereby cancel the contract that I/we entered into regarding the purchase of the following merchandise (*) / the performance of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s):
- Address of the consumer(s): ______________________________ ______________________________ ______________________________
- Address of the consumer(s) (only when communicated on paper): ______________________________
(*) Draw a line through any items that do not apply.
XV. Statutory liability for defects
A. Statutory liability for defects applies to all of our products.
XVI. § Money-back guarantee
A. Extending beyond the statutory cancellation time limit, the Customer may return the products within 16 days with the right to reimbursement of the purchase price. This period of limitation begins following receipt of the goods after the statutory cancellation time limit has expired.
B. The goods have to be packed originally (if the goods had been sent in an appropriate packaging), completely, unused (in case the goods were new ones) and free of damage. Your legal warranty claims are excluded from this if the goods have been damaged in the delivery process.
C. After the product has been successfully received by the Supplier within the limitation period of 16 days, and if all of the requirements referred to above have been met, the full purchase price will be paid back to the customer.
XVII. Credit vouchers
A. Credit vouchers may not be purchased. Instead, they are distributed as part of advertising campaigns. There are only valid within the specified time limit. The voucher becomes invalid after it has been used one time or after the validity period has expired. Individual products may be excluded from the credit voucher promotion.
B. For administrative reasons, it is not possible to pay any unpaid balances from credit vouchers or credits. If the value of a credit voucher or of the credit is not sufficient for the order, the remaining amount can be settled by means of the available payment methods.
C. Credit vouchers and credits may only be claimed before the ordering process is completed. They cannot be claimed retroactively.
D. Credit vouchers and credits may not be assigned to third parties. Multiple credit vouchers cannot be combined.
E. Credit vouchers are not granted when products are partially or completely returned. foodspring.de is not liable for the loss or theft of promotional vouchers.
XVIII. Applicable law & jurisdiction
A. The French laws shall apply to the contractual relationships between the Supplier and the customer. The mandatory consumer protection requirements of the country in which the Customer has his/her customary residence are excluded from this selection of applicable law. The application of the United Nations Convention on Contracts for the International Sale of Goods is prohibited.
B. The jurisdiction for all disputes arising from the contractual relationship between the Customer and the Supplier is the Supplier's principal place of business if the Customer is a merchant, a legal entity under public law, or a special fund under public law.
XIX. Intellectual property
A. All elements of the My Squash SARL site are and remain the exclusive intellectual property of My Squash SARL. Nobody is allowed to reproduce, use, repost for any purpose whatsoever, even partially, elements of the site they are software, visual or sound. Any single link or hyperlink is strictly prohibited without the express written consent of My Squash SARL.
XX. § 20 Data protection
A. The provisions of our Privacy Statement apply to data protection.
B. According to the law relating to data, files and freedoms of January 6, 1978, the buyer’s details may be subject to automated processing. My Squash SARL reserves the right to collect information on purchasers including by using cookies, and, if desired, to transmit to business partners collected information. Buyers may object to the disclosure of their details by notifying. Similarly, users have a right to access and correct data concerning them, according to the law of 6 January 1978.
XXI. Access to text of the contract
A. We store the text of the contract and send you the ordering data via email. You can view past orders in your customer account.
XXII. Severability clause
A. If a provision of these General Terms and Conditions becomes invalid, the validity of the remaining provisions is not affected thereby.
19, rue Etienne et Joseph Montgolfier,
Commercial registration number: 523 206 894 R.C.S. Bobigny
General Managers: Olivier Gracia, Youssouf Mahamath
Last revised: May 2018