General Terms and Conditions of Sale

Between PROWEAR, located at 7 allée des primevères, 97410 Bassin Plat Saint Pierre, SIRET number 920 899 192 00016, represented by Ms. Daniela PAYET in her capacity as manager, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the website's contact page.

Hereinafter referred to as the “Seller” or the “Company”.

On the one hand, and the natural or legal person purchasing products or services from the company, hereinafter referred to as "the Buyer" or "the Client", on the other hand, the following has been stated and agreed upon:

PREAMBLE

The Seller is a publisher of PROWEAR products and services exclusively for consumers, marketed through the website (https://prowear.info).

The list and description of goods and services offered by the Company can be found on the aforementioned website. (Other products and services sold in store)

Article 1Purpose and general provisions

These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller. These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's websites, which form an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https://prowear.info/conditions-generales-de-ventes/.

The Company also ensures that acceptance is clear and unconditional by implementing a checkbox and a validation click. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges having received the necessary advice and information to ensure the suitability of the offer to their needs. The Customer declares being legally capable of entering into a contract under French law or being duly authorized to represent the natural or legal person on whose behalf they are acting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 2: Price

The prices of products sold through the websites are indicated in Euros inclusive of all taxes and are clearly specified on the product description pages. They are also indicated in Euros inclusive of all taxes (VAT + any other applicable taxes) on the order page, but exclusive of specific shipping costs. The website has been configured to prevent anyone outside these areas from placing orders. These duties and taxes are not the responsibility of the Seller. They are the responsibility of the buyer (declarations, payment to the relevant authorities, etc.). The Seller therefore advises the buyer to inquire about these matters with the appropriate local authorities. The Company reserves the right to modify its prices at any time for future orders. Telecommunication costs necessary to access the Company's websites are the responsibility of the Customer.

Article 2.1Price – example of an illegal clause

The Company reserves the right to change the prices at any time of products purchased by the consumer on a subscription basis.

Article 3Online contract conclusion

The Customer must follow a series of steps specific to each Product offered by the Seller in order to place an order. However, the steps described below are standard: ➢ Information on the essential characteristics of the Product; ➢ Selection of the Product, and where applicable, its options, and provision of the Customer's essential information (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale; ➢ Verification of the order details and, where applicable, correction of any errors; ➢ Following the payment instructions and payment for the products; ➢ Delivery of the products. The Customer will then receive email confirmation of payment for the order, as well as an order acknowledgment confirming the order. For products to be delivered, delivery will be made to the address provided by the Customer. For the proper execution of the order, and in accordance with Article 1316-1 of the French Civil Code, the Customer agrees to provide accurate identification information. The Seller reserves the right to refuse the order, for example, for any unusual request, any request made in bad faith, or for any other legitimate reason.

Article 4Products and services

The essential characteristics of the goods and services, and their respective prices, are made available to the buyer on the company's websites. The customer acknowledges having received details of the delivery costs, as well as the terms of payment, delivery, and contract performance.

The Seller undertakes to fulfill the Customer's order only within the limits of available Product stock. If a Product is unavailable, the Seller will inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarized and confirmed when the order is validated. The parties agree that illustrations or photos of the products offered for sale are not contractually binding. The validity period of the Product offers and their prices are specified on the Company's websites, as is the minimum duration of any contracts offered for the continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the individual who placed the order (or the individual whose email address was provided).

In accordance with legal provisions regarding conformity and latent defects, the Seller will refund or exchange defective products or products that do not match the order. Refunds can be requested as follows: by sending a letter to 7 allée des primevères, 97410 Bassin Plat Saint Pierre, or by contacting us by email at contact@prowear.info. Refunds will be issued via bank transfer.

Article 5Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 6Delivery methods

Products are delivered to the delivery address provided during the ordering process. The delivery timeframe is communicated by email upon order confirmation. When a customer orders multiple products simultaneously, these may have different delivery times, which will be shipped according to the available options in-store. In the event of a shipping and/or delivery delay, the customer will be offered a new delivery date based on their availability and the carrier's capabilities. If the delay exceeds 60 days, the customer has the option to cancel the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The seller will then issue a refund. The seller provides a telephone contact number (local call rates apply from a landline) indicated in the order confirmation email to facilitate order tracking. The Seller reminds the Customer that upon physical receipt of the products, the risk of loss or damage to the products is transferred to them. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product(s).

Article 7Availability and presentation

Orders will be processed subject to available stock or subject to stock availability from our suppliers. If an item is unavailable for more than 14 business days, you will be immediately notified of the expected delivery time, and the order for that item may be canceled upon request. The customer may then request a credit for the amount of the item or a refund.

Article 8: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or PayPal account. Cards issued by banks located outside of France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is processed by our payment provider. The information transmitted is encrypted using state-of-the-art technology and cannot be read during transmission over the network. All payments are managed by the PayPal platform, which handles the encryption and collection of sensitive payment information. Once the Customer initiates payment, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their bank details during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the stated price. The Customer confirms that they are the legal cardholder and are legally entitled to use it. In the event of an error or if the card cannot be debited, the sale is automatically cancelled and the order voided.

Article 9: Withdrawal period

In accordance with Article L. 121-20 of the French Consumer Code, "the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to give any reason or pay any penalties, with the exception, where applicable, of return shipping costs." "The period mentioned in the preceding paragraph runs from the date of receipt for goods or from the date of acceptance of the offer for services." The right of withdrawal can be exercised by contacting the Company as follows: The customer can request a refund within 7 business days of the order date; they must contact the head office at the address mentioned above. We inform Customers that, in accordance with Article L. 121-20-2 of the French Consumer Code, this right of withdrawal cannot be exercised for the management of a file or for debt collection in the event of non-payment or debit. If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased product(s) and the initial shipping costs will be refunded; return shipping costs remain the responsibility of the customer. Returned products must be in their original condition and complete (packaging, etc.) so that they can be resold as new; they should, if possible, be accompanied by a copy of the proof of purchase.

Refund procedure: Please contact us by email at contact@prowear.info

Article 10Guarantees

In accordance with the law, the Seller provides two guarantees: conformity and against hidden defects in the products. The Seller will refund the buyer or exchange products that are apparently defective or do not correspond to the order placed. The refund request must be made by submitting the return of the goods and exchanges. The Seller reminds the consumer that:

– has 10 days from the delivery of the goods to take action against the Seller

– that he is exempt from providing proof of the existence of the non-conformity of the goods during the 10 days following delivery of the goods.

– that the consumer can also invoke the warranty against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the termination of the sale or a reduction in the sale price (provisions of article 1644 of the Civil Code).

Article 11Complaints

If necessary, the Buyer may submit any claim by contacting the company using the following contact details: 7 allée des primevères 97410 Bassin Plat Saint Pierre, upon presentation of the invoice and an identity document.

Article 12Intellectual 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 the seller. No transfer of intellectual property rights is made through these Terms and Conditions. Any reproduction, in whole or in part, modification, or use of these assets for any reason whatsoever is strictly prohibited.

Article 13Force majeure

The seller's obligations under this agreement shall be suspended in the event of a fortuitous event or force majeure that prevents their performance. The seller shall notify the customer of such an event as soon as possible.

Article 14:Nullity and modification of the contract

If any provision of this contract is held to be invalid, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect between the parties. Any contractual modification shall be valid only after a written agreement signed by both parties.

Article 15: Protection of personal data

In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, modify, object to, and rectify your personal data. By agreeing to these terms and conditions of sale, you consent to our collection and use of this data for the performance of this contract.

By entering your email address on one of our network's websites, you will receive emails containing information and promotional offers regarding products published by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the bottom of our emails or contact the data controller (the Company) by registered letter with acknowledgment of receipt. We track website traffic across all our sites. For this purpose, we use tools such as WP STATS, Matomo, and Google Analytics.

Article 16Limitation of Liability Clause

A clause limiting the Seller's liability for the performance of services outside of these products or services on the products sold by the seller is stipulated.

Article 17:Applicable law

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be subject to French law.

Article 18Payment methods

ON THE SITE

The following secure payment methods are available on the prowear.info website:

• Via PayPal
  

(General Terms and Conditions of Sale written on 06-01-2025)