Any online purchase made on the communegolf.com website is subject to the knowledge of these general terms and conditions (GTC) and implies their acceptance without reservations.
Article: Products of any kind offered for sale on the Site.
Customer: non-commercial natural person with full legal capacity, placing the Order.
Order: commitment to purchase the Item or all the Items selected by the Customer via the Site.
Site: website published by Commune Golf at communegolf.com.
These general conditions of use and sale, hereinafter "GTC", apply exclusively, without reservations or restrictions, for any order, between any Customer and the company Commune Golf whose head office is located at 7, avenue Frémiet 75016 Paris, France, registered in the Paris Trade and Companies Register under number 901 832 527, hereinafter “Commune Golf”.
The validation of an Order following the order procedure in force on the Site implies acceptance of the prices and the GTC.
These GTC prevail over any other document.
3. Characteristics of the articles
The Items available for sale are those which appear on the Site within the limits of available stocks. The offers are valid as long as they are visible on the Site and the Customer can add the Item to his basket. Commune Golf reserves the right to withdraw from sale, at any time and without notice, any Article present on the Site and/or to replace or modify any information associated with the Articles appearing on this Site.
In the event of an order for an item that turns out to be unavailable, Commune Golf reserves the right to cancel the order, subject to notifying the customer by email.
In the event of an order for several products, if one of the products is ultimately unavailable, Commune Golf will then inform the customer of the impossibility of sending the unavailable product. The rest of the order will be processed and shipped to the customer within the deadlines announced on the site.
The characteristics of the Articles (photographs, size guides, graphics, descriptions of the Articles, etc.) are given for information only and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are non-contractual.
In the event of errors or omissions relating to the description of an Article, the responsibility of Commune Golf is limited to the reimbursement of the standard return costs (postage rate) of the Article incurred by the Customer.
4. Ordering items
The Customer declares to be of legal age and have the legal capacity, or if he is a minor, guarantees to have parental authorization to place his Order. To place an Order, the Customer must follow the online purchase process and click on "Order" to submit the Order. Validation of the Order by the Customer constitutes confirmation of acceptance of the GTC, the content of the Order, its price and the associated costs.
All Orders are subject to the prior acceptance of Commune Golf.
Commune Golf reserves the right to cancel, delete and refund any order deemed abusive following too many returns or containing too many items ordered.
5. Price of items
The prices are indicated on the Site in euros (€), all taxes included (TTC), excluding participation in processing and shipping costs. They take into account the VAT and any reductions applicable on the day of the Order.
The prices of the Products are exclusive of delivery costs (shipping, packaging and making up of the package according to the prices in force).
The amount of the shipping costs is specified on the Site before validation of the Order.
Commune Golf reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the prices in force at the time of the validation of each Order. The price of the Items invoiced is therefore that indicated at the time of the Order. Concerning sales outside the European Union, it is expressly reminded that the costs of customs clearance, the payment of various duties or taxes are the responsibility of the Customer, Commune Golf can in no way be held responsible.
6. Payment of the order
The Order is payable immediately by credit card (CB, Visa, MasterCard), or Paypal.
Regarding sales outside the European Union, it is recalled that customs clearance costs, payment of various duties or taxes are the responsibility of the Customer. Transactions carried out on the Site are secure for the entry of payment data: card number, expiry date and visual cryptogram.
7. Terms of delivery
The Customer will receive an Order number by e-mail confirming that he has been properly taken care of and will be informed of the various stages of his Order by e-mail (to the e-mail address provided by the latter). The Items ordered will be delivered within a period defined when the order is finalized, without however being able to exceed thirty days from the registration of the Order, subject to full payment of the price. The Customer is offered several delivery methods, chosen by the Customer and at the Customer's expense. The standard shipping costs for metropolitan France amount to 10 euros including tax (8.33 euros excluding tax). The Customer is informed that it is his responsibility to provide the details and details necessary for the proper delivery of his Order (Access Code for example).
If the delivery address provided by the Customer is not valid and therefore results in a return of the package for non-receipt at the address indicated, the costs of reshipping the package to the new address provided will be borne by the Customer. A delivery note is included in the package, summarizing the items ordered and actually delivered. The Customer fully and exclusively assumes the risks relating to the Items from the time of their delivery.
8. Delivery times
The Articles are delivered to the delivery address indicated by the Customer when placing the Order.
The delivery time depends on the delivery method chosen and is mentioned for information only when ordering. The delivery times indicated on the site are from the date of removal from stock of the products ordered by the customer, these times may not exceed 30 days from the validation of the order on the site. Shipments are made Monday through Friday only.
Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier. Commune Golf cannot be held responsible for late delivery due to the Customer's unavailability.
9. Return - Right of withdrawal
In the event of delivery of an Item that does not correspond to the Customer's Order, the Customer may return the said Item to Commune Golf by following the procedure provided below.
The Customer has the right to cancel his order at any time within 14 calendar days following the date on which he received the products and this without having to justify reasons or pay penalties. Beyond this period, the sale is considered firm and therefore final.
If the Customer wishes to use his right of withdrawal, he must contact customer service at email@example.com and follow the instructions given to him.
The Item(s) must be returned to the postal address provided by our customer service department. The Item(s) must be properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging) and in perfect condition for resale (unworn, undamaged, undamaged, unused, soiled or washed by the Customer). After checking the returned Items, Commune Golf undertakes to reimburse the Customer for all the sums paid for his Order.
Return costs and reshipping costs will be the full responsibility of the customer.
We undertake to reimburse you using the same method of payment as that used to pay for the order. If it has expired, we will only issue a credit for the amount of the returned item(s), or the entire order if it is fully returned. No refund will be made to another account or to another means of payment than that used for the order.
In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against defects of conformity existing at the time of delivery and the legal guarantee against defects or hidden defects of the Products sold. The Customer must notify the carrier and Commune Golf of any reservations about the Products delivered. Any claim on the Products, in particular in the event of a defective, damaged, non-compliant Product or apparent defect, must be notified by the Customer to Commune Golf without delay by e-mail to the contact details appearing on the Site, specifying the Product(s) ( s) concerned, the nature and type of defect, as well as the Order reference. It is the Customer's responsibility to provide all the supporting evidence on the reality of the defect found. Commune Golf may request one or more photos of the Product. In the event of return accepted by Commune Golf, in particular in the event of lack of conformity, the Customer will have the choice between the repair of the Article if it is possible, the refund or the replacement of the Article by an equivalent Article proposed by Commune Golf.
In accordance with the provisions of the Consumer Code, Commune Golf may not proceed according to the Customer's choice (repair or replacement) if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the Product or the importance of the defect. If repair and replacement are impossible, the Customer may return the Product and have the price refunded or keep the Product and have part of the price refunded. The liability of Commune Golf and the guarantee are excluded in the event of a defect resulting from the use of the Article by the Customer and in particular from abnormal use, poor maintenance or non-compliance with the maintenance conditions.
Reminder of the applicable legal provisions:
Art. L. 211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Art. L. 211-5 of the Consumer Code: "To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: a) correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model; b) present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling. 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and which the latter has accepted. »
Art. L. 211-7 of the Consumer Code: “Faults of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L. 211-7 of the Consumer Code: “If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Art. L.211-12. of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired, or would have given only a lesser price, if he had known them. »
Art. 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
11. Convention on evidence
The Customer acknowledges and accepts that the Order registration systems provide proof of all transactions between Commune Golf and the Customer.
Commune Golf reserves the right to modify the information on the Site at any time and without notice.
Commune Golf undertakes to describe with the greatest accuracy the Articles marketed on the Site and to ensure, under the best possible conditions, the updating of the information which is disseminated there. However, Commune Golf cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. In the event of non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the Articles ordered, Commune Golf cannot be held liable.
Commune Golf cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
In particular, Commune Golf shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control (“Cases of Force Majeure”).
13. Intellectual Property
The Site and its elements, such as photographs, visuals and texts, are intellectual works protected by the Intellectual Property Code. Any reproduction, copy, imitation, modification, adaptation or public representation, even partial, is prohibited and constitutes an infringement. Any creation of hypertext links to the home page of the Site, or any other page of the Site, is strictly prohibited and subject to the prior written consent of Commune Golf.
14. Protection of personal data
With the exception of third parties whose intervention is necessary for the processing and execution of Orders, Commune Golf undertakes not to communicate personal data concerning the Customer to third parties without their prior authorization. The Customer has a right to access, modify, rectify and delete personal data concerning him, which he can exercise by writing to the following address: bastien[at]communegolf.com.
16. Modification of the GTC
Commune Golf reserves the right to modify these T&Cs at any time. The new GTC will, where applicable, be brought to the attention of the Customer by online modification and will only be applicable to sales made after the modification.
17. Applicable law
These GTC are subject to French law.
Any dispute relating to the execution of an Order and/or the interpretation of these general conditions is subject to French law. In the event of a dispute relating to the interpretation or execution of the agreements agreed between the client and Commune Golf, an amicable solution will be sought before any legal action.
The prior search for an amicable solution does not interrupt the deadlines for acting as a guarantee.
In the absence of an amicable agreement, the competent Court will be, at the choice of the plaintiff and in accordance with the legal provisions, either that of the place where the defendant lives, or that of the place of actual delivery of the Product(s), or that of the place of performance of the service.
As part of a professional-to-professional sales contract, the Parties expressly agree to submit this contract to French law.
The Parties expressly agree that the Vienna Convention on the International Sale of Goods cannot be applied in their relationship. To this end, any dispute that has not found an amicable solution will be subject to the exclusive jurisdiction of the competent courts of Versailles, notwithstanding multiple defendants and/or warranty claims, even for emergency procedures or interim interim measures. or by request.
18. Partial invalidity
If one or more provisions of these GCUS should be declared invalid pursuant to a law, a regulation or following a final court decision, the other stipulations will retain their full force and scope.
No silence or delay, no tolerance or inaction by Commune Golf may be interpreted as a waiver of its rights under the terms of the GTC.