Use of the Shop2climb.com website is governed by the French “Conditions générales de vente” and these are the only terms and conditions to have legal value. The following English translation of the terms and conditions of use (Conditions) are for information only.
The Shop2climb.com website and online shop and the Shop2climb.com brand are owned and operated by Grimpomania, 574 rue Pierre et Marie Curie, 73490 LA RAVOIRE, FRANCE, France. By using the Shop2climb.com website, or by placing an order for any of the products for sale via the Shop2climb.com online shop you agree to be bound by these Conditions. If you do not agree to be bound by these Conditions you may not use or access this website. Should you wish to save or print these Conditions, you may do so under your own responsibility.
By using the Shop2climb.com website you signify that you have the full legal capacity to agree to and accept the following Conditions and that you have read and understood the following:
1 – Legal notice identifying the brand Shop2climb.com and the company operating that brand.
2 – Presentation of the main characteristics of the products on offer.
3 – The price in euros of the products and where applicable the cost of shipping.
4 – Details of payment, delivery and order-processing terms.
5 – The existence of a right of retraction.
6 – All of this information is presented in English.
Article 1 - Totality:
The present Conditions describe the totality of the parties’ obligations. The customer accepts without reserve the totality of these Conditions. The present Conditions may not be modified by any general or specific condition contained in any document sent or presented by the customer if the aforementioned document is incompatible with these Conditions.
Article 2 - Subject:
The present Conditions define the rights and obligations of the parties (vendor and customers) involved in the online sale of goods and services via the Shop2climb.com online shop.
Article 3 – Contractual documents:
The present agreement is formed by the following contractual documents, presented in descending hierarchical order: the Conditions; the order form.
In the case of a contradiction in the provisions contained in these documents, the provisions contained in the higher ranked document will prevail.
Article 4 – Coming into force - duration:
The present Conditions come into force on the date the order form is signed and they will remain in force for the time needed to supply the goods and services ordered and up to the extinction of the guarantees provided by the online shop Shop2climb.com.
Article 5 – Electronic signature:
“Double clicking” on the order form by the customer constitutes an electronic signature that has the same value between the parties as a written signature.
Article 6 – Order confirmation:
Contractual information will be subject to an order confirmation by email that will be sent at the latest at the time of delivery or, failing that, to the address given by the customer on the order form.
Article 7 - Proof of the transaction:
The computer files stored by the Shop2climb.com online shop under reasonable conditions of security will be considered proof of communication, orders and payments. Order forms and invoices are archived using a reliable and long-term archiving system. These order forms and invoices can therefore provide proof of transactions.
Article 8 – Product information:
A - The Shop2climb.com online shop presents the products for sale together with the product details needed to meet the requirements of Article L 111-1 of the French consumer protection act, which includes the obligation to ensure customers are provided with the main characteristics of a product before they confirm an order.
B – The offers advertised by the Shop2climb.com online shop are subject to the availability of stock.
Article 9 - Pricing:
Prices are given in euros. Prices may be modified without prior notice. Products will be invoiced at the price stated on the day the order was placed. The order form is considered proof of the date of purchase. These prices do not include possible shipping charges, which are noted separately on the invoice and indicated to the customer before the order is confirmed. Prices include sales tax at the rate applicable on the order date. Any change in the rate of sales tax will automatically be applied to the prices of the products in the online shop. The price must be paid in full when the goods are ordered. Under no circumstances may the sums paid be considered a deposit.
Article 10 – Method of payment:
The customer may pay for an order using any of the payment methods detailed on the order form. The customer guarantees the Shop2climb.com online shop that he/she has the necessary authorisation to use the chosen method of payment. The Shop2climb.com online shop reserves the right to suspend the processing of any order should a payment by credit card be refused by the organisations officially responsible for authorising payments, or in the case of non-payment. The Shop2climb.com online shop also reserves the right to refuse to fulfil an order placed by a customer who has not paid for all or part of a previous order, or with whom there is ongoing litigation concerning a payment.
Article 11 – Availability of products:
Products that are in stock will be dispatched within a maximum of three working days from the day the order was placed. If a product is not in stock, the order will be dispatched within the time limit indicated on the Shop2climb.com website. If a product is not available, generally because it is unavailable from the supplier, the customer will be informed as soon as possible and will be given the choice of cancelling the order. In which case, the customer can request a refund of the sums paid or use these sums to buy other products.
Article 12 - Delivery conditions:
Products will be delivered to the address given by the customer on the order form. The customer can ask for the invoice to be sent to the invoice address rather than to the delivery address by clicking on the “Change address” button on the order form. The Shop2climb.com online shop cannot be held responsible for delays or non-delivery of orders that have been dispatched. As soon as an order is dispatched, the customer will be informed by email.
Article 13 – Product guarantee:
In accordance with Article 4 of French decree n°78-464 of 24th March 1978, the present Conditions do not free the vendor from the legal obligation to provide a guarantee against any hidden defects in the objects sold. The customer is explicitly informed that the Shop2climb.com online shop is not the manufacturer of the products for sale on this website as defined under Act n°98-389 of 19th May 1998 relating to responsibility for defective products. Consequently, in the case of injury to a person or damage to property caused by a defect in the product, the customer may have recourse only to the manufacturer of the product.
Article 14 – Right of retraction:
Customers have ten working days to return, at their own expense, any products that they do not want to keep. For more details on the procedure to follow, go to the “delivery-returns” section.
Article 15 - Act of God:
Should an Act of God delay, disrupt or prevent the execution of a contract, neither party will be considered to be in breach of his/her contractual obligations. An Act of God is defined as all events or circumstances that cannot be prevented by any human agency and that are unforeseeable and independent of the will of the parties and that cannot be avoided despite all reasonable precautions. The party affected by an Act of God will advise the other party within ten working days of the date on which the party became aware of the circumstance. The two parties will come together within a period of one month, unless prevented by an Act of God, in order to discuss the conditions under which the contract can be fulfilled. If the Act of God lasts for a period greater than three months, the injured party may cancel the contract. In addition to those circumstances usually recognised as such by French courts of law, Acts of God are considered to include: blockage of transport or supply lines, earthquakes, fires, storms, floods, lightning, failure of communication networks or external problems with telecommunication networks.
Article 16 – Partial non-validation:
If one or more clauses of the present Conditions is considered non-valid or held to be such by a law, a regulation or by a definitive ruling by a competent jurisdiction, the other clauses will maintain all their force and extent.
Article 17 – Non-renunciation:
The fact that one of the parties does not take advantage of a failure of the other party to fulfil an obligation described in these Conditions will not be interpreted as a renunciation of the obligation in question.
Article 18 - Title:
Should there be confusion between the title of a clause and the content of any one of the clauses, the titles of the clauses will be declared non-existent.
Article 19 – Applicable law:
Use of the Shop2climb.com online shop is subject to French law. However, any claims arising from your use of the Shop2climb.com online shop should first be addressed to the Shop2climb.com in order to find an amicable solution. If an amicable solution cannot be reached, all claims of every nature concerning any aspect of the Shop2climb.com online shop or the services it provides shall be governed by French law and disputes will be heard by Chambéry civil court.