GENERAL TERMS AND CONDITIONS OF SALES
These general conditions apply to urban-circus.fr. They also apply to the use of information, documents, images, films, functionalities, soundtracks and/or other services appearing on the website.
Flash Tech Ind – 123, rue de Longchamp, Paris (75116), numéro VAT : FR 82814449336.
GENERAL TERMS AND CONDITIONS OF ONLINE PURCHASE AND USE OF THE WEBSITE
Last update : June 2019
These general terms and conditions apply to orders for products offered on the website www.urban-circus.fr (hereinafter the "Website") which are placed by consumers located in Europe; and
the use of any documents, information, graphic elements, films, functionalities, soundtracks and/or other services appearing on the Website.
ORDER/BUY ON THE WEBSITE
REQUIREMENTS TO ORDER / BUY
To place an order on the Website, you must :
be at least sixteen (16) years of age, and
be a consumer - not a reseller - and only a natural person, i.e. any order placed by automatic devices such as BOTS or Script is prohibited.
HOW TO ORDER
To place an order, you must have an email address. You may also need to set your browser to accept both (functional) cookies and pop-up windows to be able to use all the features of the Website, including creating customised items, adding items to your shopping basket and making a purchase.
The methods of ordering on the Website are simple:
- Find the products you want (and customise them if necessary).
- Add the products to your basket.
- Proceed with payment.
- Select the delivery and billing options.
- Check your order.
- Confirm your order.
- Receive an order confirmation online.
You are bound by your order as soon as you click on the "I buy" button at the end of the ordering process. By clicking on the "I buy" button, you place your order with us (and acknowledge that you are obliged to pay the amount due) as it appears on the last page dedicated to payment. Upon receipt of your order, a confirmation message will automatically appear on the Website, indicating your order number and the information relating to your purchase. The purchase contract is now concluded.
A copy of the automatic order confirmation, or any subsequent changes you have made to the order that we have accepted, will be sent to you by email. We strongly recommend that you print or download this document and keep it.
OUR RIGHT TO REFUSE YOUR ORDER OR CANCEL YOUR PURCHASE
We will honour all orders placed on the Website subject to availability of items. We expressly reserve the right to refuse your order, or to cancel the purchase contract after sending the automatic order confirmation in the cases referred to below, in particular, without being held responsible for any damage or costs incurred:
the product is not available/in stock (amounts paid will be refunded) ;
the invoicing details that you have provided are not correct or cannot be verified ;
your order is identified by our security systems as unusual or likely to constitute fraud;
you are under sixteen (16) years of age ;
you are a reseller ;
the prices indicated contained an error ;
we could not deliver to the address you indicated ;
in the event of spelling mistakes, price errors or any other obvious error in the information published on the Website ;
in the event that it appears that the order was placed using automatic devices such as BOTS or Script.
ORDER PREPARATION AND SHIPPING
Flash-Tech Ind. ships its products worldwide.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery may not be made in hotels or post office boxes.
In the event that Delivery is impossible, Flash-Tech Ind. will endeavour to find a secure place to deposit the Product. Failing this, the Product shall be returned to the warehouse of Flash-Tech Ind..
The delivery date is estimated according to the destination of the shipment. An order processing time of 24 hours is only guaranteed from Monday to Friday. If an order is placed on Friday from 1pm, on Saturday, Sunday or public holidays, it will be processed the next working day.
Flash-Tech Ind. delivers Orders within a maximum period of 12 (twelve) working days for Delivery in Metropolitan France and 20 (twenty) working days for International Delivery, this period being counted from the day following the validation of the Order. In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access codes, names and/or intercom numbers, etc.).
Flash-Tech Ind. shall not be held responsible for any delay in delivery that is not caused or justified by a case of force majeure (as defined below).
If the Delivery period is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of 14 (fourteen) days of his request, a refund of the sums paid for the Order.
Notwithstanding the foregoing, Flash-Tech Ind. shall not be held liable for any damaging consequences resulting from a delay in delivery, only the reimbursement of the Product by Flash-Tech Ind. being possible to the exclusion of any other form of compensation.
When you send us your order, we reserve the right to carry out certain checks on it before honouring it. These checks may consist of a verification of your address or creditworthiness and enable us to ensure that it is not fraudulent. On the latter point, we perform partially automatic checks on all purchases to detect unusual or suspicious transactions, or transactions that may be identified as likely to constitute fraud. Any suspected fraud on the urban-circus.fr website will be investigated and, if necessary, prosecuted.
PRICES AND PAYMENT
METHODS OF PAYMENT
You will find the payment methods available in each country in the "Help" section of the Website. We do not accept any payment methods other than those listed in the "Help" section. Please do not attempt to pay by any payment method other than those listed in the "Help" section. If you attempt to do so, we will not be liable for any loss of payment or other damages that may result.
If you choose to pay per order via our Website, you will not be able to make any claims regarding the order until we have received your payment.
If you pay by credit/debit card, we will withdraw the amount due from your account as soon as your order has left our warehouse (payment on order).
Payments can only be processed if the billing details can be verified.
The products remain our property until full payment has been received.
The prices of the products indicated on the Website include Value Added Tax (VAT). Shipping charges apply to each order. Their exact amount depends on the country of delivery of your order. For further information on the shipping costs applied for each country, please consult the "Help" section of the Website.
YOUR TOTAL PRICE
The total price indicated on the last page dedicated to payment includes taxes and shipping costs. This price will appear on the order confirmation which we recommend you print or download and keep. In case of payment by credit card, the total amount of your global order will appear on your bank statement in the currency of your country.
If the currency of your country is different from the currency in which the prices are expressed, your bank will apply the exchange rate in force at the date of purchase. Your bank may apply a different exchange rate, over which we have no control.
In the case of payment by bank transfer, please only pay the exact amount indicated on the order confirmation. Each order must be paid by individual transfer, which you will make using the unique reference number on your order confirmation.
The prices of the products are those shown on the Website. These prices may be changed at any time, but these changes will not be applicable to orders that have been confirmed.
SHIPPING AND DELIVERY
DELIVERY - WHERE AND WHEN
We deliver the products from Monday to Friday. On certain public holidays, no shipments are made. Please refer to the "Help" section of the Website for dates, times and delivery methods available. We can only deliver an order to a home or business address in one of the countries listed in the "Help" section of the Website.
We endeavour, as far as possible, to deliver all the items you have ordered at once.
We reserve the right to split the delivery of your order (for example, if part of it is delayed or unavailable). In this case, we will inform you by email to the email address you provided when you placed your order. No additional shipping costs will be charged.
CONTROL OF PRODUCTS ON DELIVERY
We invite you to check the packaging at the time of delivery for any damage. If it appears that the products are damaged, please refuse shipment.
RETURNS AND CANCELLATIONS
CANCELLATION OF ORDER BEFORE DELIVERY
You have the possibility to cancel any order for products, free of charge and without reason, provided that the order has not already been dispatched. We start processing orders placed in our online shop almost immediately.
RETURN OF PRODUCTS AFTER DELIVERY
You can return products that have been delivered to you when you receive them. You have a period of 14 days from the date of receipt to return the products concerned.
If the following conditions are not met, Flash Tech Ind. reserves the right to refuse the return:
- items and packaging must be received in mint condition
- the original manufacturer's packaging must not be damaged
- the packaging must include all original items, labels, etc.
- the return authorization number must be clearly marked on the package.
- the return package must include a copy of the original invoice or sales receipt
RETURN OF DEFECTIVE PRODUCTS AFTER DELIVERY
You can return products that have been delivered to you if they are defective or do not conform to your order when you receive them. You have a period of two (2) months from the date of discovery of the defect to return the products concerned. This does not affect any legal rights you may have. If your complaint is justified, the purchase price and shipping costs will be refunded.
RIGHT OF WITHDRAWAL
If you are not completely satisfied with the items you have ordered, for whatever reason, you may return them within 14 calendar days of delivery, without any particular reason, provided that :
- the products have not been washed or used in any way (you can try on the clothes or shoes to see if the size/size is suitable, unless otherwise specified by us, but you cannot wear them) ;
- the product is complete: for example, both items of a pair must be returned.
You cannot return :
- products that have been modified ;
For information on refunds, please refer to Article 7.5 below. For all practical information on how to return a product, please refer to the "Delivery and Returns" section of the Website.
EXCHANGE AN ITEM
Any exchange of articles is currently impossible but you have the possibility to return the articles concerned. See articles 7.2 and 7.3 above. For all information regarding refunds, please refer to article 7.5 below. To obtain another colour or size, you will need to place a new order on the Website.
Refunds will be made according to the method of payment initially chosen. If you have paid by bank transfer, you must inform us when you return your order so that we can make the refund directly to your account. You will receive a refund once the product has been returned and processed.
If you paid by Maestro Nationale card and you did not fill in the "issue number" or "valid from date" field when paying, we will not be able to process your return and/or grant you a refund
In the event that Urban Circus does not comply with these terms and conditions, we will be held liable for any prejudice or damage you suffer as a result of a foreseeable breach by us of the terms and conditions or a negligent act on our part. A loss or damage is foreseeable if it is the obvious consequence of a breach on our part or if you and we had considered the possibility that it might occur at the time the contract was concluded.
Despite all the care we have taken in developing the Website, it is possible that the information, textual elements, documents, graphic elements, films, soundtracks and/or any other services appearing on the Website may contain errors or be inaccurate or incomplete in any other way. We shall not be liable for any damages resulting from the use of the Website (or the inability to use the Website), including damages caused by computer viruses or other technologically harmful components that may infect your computer equipment, computer programs, data or other property as a result of your use of the Website or your downloading of any content from the Website or any associated website.
We also decline all responsibility in the event that the Website contains any inaccuracies or proves to be incomplete. Although we use encrypted security software, the security of information and payments transmitted via the Internet or by email cannot be guaranteed. We accept no liability for any damage resulting from the use of electronic communications.
If you have suffered damages as a result of our activities related to product purchases you have made on the Website, our liability will be limited, to the extent permitted by applicable law, to::
-damage to Urban Circus products;reasonable and verifiable costs incurred by you to discover the cause and determine the amount of the damages referred to in paragraph (a) above;reasonable and verifiable costs incurred by you to prevent or limit the damages referred to in paragraph (a) above.
To the fullest extent permitted by applicable law, the maximum amount of reimbursement for the above-mentioned damage will (where applicable) correspond to the purchase price of the items concerned..
We cannot be held liable for any damage suffered by a third party resulting from the use of any of our products. We cannot be held liable for any damage you have suffered as a result of the misuse of any of our products.
The terms of these terms and conditions do not exclude or limit our liability for death or personal injury resulting from our negligence, fraud or misrepresentation, or in any other case where our liability cannot be excluded or limited under applicable law.
To the fullest extent permissible pursuant to applicable law, we exclude all conditions, warranties, representations or other terms, express or implied, which may apply to the Website or any content appearing on it.
It is specified that we provide the Website for private use only. You may not use the Website for any commercial purpose and we shall not be liable to you for any loss of profits, loss of business, business interruption or loss of business opportunities.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights on the Website and any element published on it belong to Urban Circus. These works are protected by copyright laws around the world. All such rights are reserved.
You are permitted to print one (1) copy, and download extracts, of any page of the Website only to the extent necessary to place an order with us, or to use the Website as a shopping resource.
You may not modify the digital or hard copies of any material you have printed or otherwise downloaded and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Urban Circus must always be recognized as the owner of the content appearing on the Website. You may not use any part of the content appearing on the Website for commercial purposes without obtaining the appropriate license from Urban Circus.
If you print, copy or download any part of the Website in violation of these terms and conditions, your right to use the Website will immediately terminate and you will be required, at your discretion, to return or destroy all copies you have made.
If you post any ideas, remarks, questions, data, graphics, opinions, creations, IDs or other information (including, without limitation, information posted on noticeboards, chat rooms or other forums offered on the Website) (hereinafter the "User Created Content") on the Website, or if you send such User Created Content to Urban Circus through the Website, ownership of intellectual property rights and other rights in such User Created Content are automatically transferred to Urban Circus. If this transfer of rights is not valid, you grant Urban Circus, by sending the User Created Content, a worldwide, non-exclusive, fully-paid, royalty-free, worldwide license to use the User Created Content, valid for the entire term of the intellectual property rights, including, without limitation, the right to copy, to modify, publicly display, distribute and sublicense (in whole or in part) your User Created Content for any purpose we deem appropriate, including, without limitation, the right to develop, manufacture and market goods and services and to create, modify or improve the Website or other goods and services.
Content Created by the User will not be deemed to be confidential and we will be entitled to use or disclose it in any way, without liability to you and without notice to you. You acknowledge and agree that you will not make any claim or take any legal action against Urban Circus or any third party in the event that any User Created Content created, posted or sent by you is used by Urban Circus or any third party under the conditions described above.
You warrant that no User-Created Content or other information that you post on the Website constitutes or contains any offensive, pornographic, defamatory, libellous, blasphemous or otherwise unlawful material, and that such content or information does not infringe, even potentially infringe the rights of any third party or any applicable law. You guarantee that all the elements you send us are your work and that they are not a copy of the work of a third party, in whole or in part. We recommend that you do not send any element whose confidentiality must be preserved. You are prohibited from uploading any content of a commercial nature to the Website or from using the Website to offer others the opportunity to join or become members of any other commercial online service or other organisation. You may be required to adhere to and/or accept additional terms and conditions of use before you are permitted to post or otherwise distribute User-Created Content on the Website.
Urban Circus does not control the Content Created by the User and you acknowledge that it is under no obligation to do so. Furthermore, you agree that Urban Circus is not responsible for, and does not guarantee the accuracy, integrity or quality of, any User Created Content, and cannot guarantee that no harmful, inaccurate, misleading, offensive, threatening, defamatory, unlawful or otherwise objectionable User Created Content will appear on the Website.
You agree that we are under no obligation to use or respond to any User-Created Content. You acknowledge that you must immediately inform Urban Circus, in writing, of the presence of any objectionable Content on the Website. Urban Circus will use good faith efforts to investigate allegations that User Created Content violates these Terms and Conditions, but (a) does not guarantee that it will modify, delete or continue to allow the distribution of any specific User Created Content, whether or not it is the subject of such allegations, and (b) will not be liable in any way for the modification, deletion or continued distribution of any User Created Content.
Any use of any Content on the Website, including, without limitation, any Content Created by the User, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge that Nike is not responsible for any User Created Content that purports to provide medical advice or advice regarding any physical training, exercise or diet. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or fitness program.
The general terms and conditions as well as all disputes arising hereunder, in particular with regard to the validity thereof, or in connection with the use of the Website or any purchase made on the Website, shall be governed by the laws of the Netherlands, subject to the mandatory provisions of your country of residence.
We do not guarantee that the Website, or any content contained therein, will always be accessible or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, delete, interrupt or modify all or part of the Website without notice. We shall not be liable to you if the Website is unavailable for any reason whatsoever, at any time and for any period of time.
The Website contains links to other websites. We are not responsible for the use or content of websites that contain a link to the Website or that can be accessed from the Website.
CHANGES TO THE GENERAL TERMS AND CONDITIONS
We may change these terms and conditions at any time. Each time you order an item from us, the terms and conditions in force at that time will be applicable to the contract between you and us.
We will inform you of any changes we make to these terms and conditions. For this purpose, a notice indicating that these general terms and conditions have been modified and the appropriate date will be placed online at the top of this page.
We are entitled to assign our rights and obligations under a contract to any other entity, but this will not affect your rights and obligations under these terms and conditions.
You may only assign your rights and obligations under these terms and conditions to a third party if we have given our written permission to do so.
Each of the paragraphs of these general terms and conditions is independent. If any of the paragraphs hereof are deemed illegal and unenforceable by a court of competent jurisdiction or by any competent authority, the other paragraphs shall remain valid and fully applicable.
Any waiver by us to require you to perform any of your obligations under these terms and conditions or any waiver by us to enforce our rights against you, or any delay by us in enforcing such rights, shall not constitute a waiver of any rights we may have against you and shall not mean that you are not required to perform such obligations. Any waiver by us of any breach by you will be in writing and will not mean that we will automatically waive our right to rely on any subsequent breach by you. Except as required by applicable law, we will not retain a copy of the contract between us.