Your cart

Your cart is empty

Continue shopping

Terms and Conditions

August 2022 Edition

GENERAL TERMS AND CONDITIONS OF DISTANCE SALES

FOR CONSUMERS

Seller's Identity ("Company")

  • Company Name: AZZA FENCING
  • Type: SAS
  • Registration Number: 890044779
  • VAT Number: FR23890044779
  • Headquarters: 28 Avenue des Pépinières F94260 Fresnes (France)
  • Email Address: social@azzafencing.com
  • Website: www.azzafencing.com
  • Director or Co-director of Publication: Mrs. Azza Besbes

Hosting Provider: Shopify

  • Company Name: Shopify Inc
  • Address: 151 O’Connor Street, Ground Floor, Ottawa, ON K2P 2L8, Canada

Scope of Application of General Conditions

These General Conditions apply to all orders deliverable in mainland France by Azza Fencing, placed from August 8, 2022.

Key Features of Services

The Products covered herein consist of sports shoes designed for fencing practice and indoor racket sports such as badminton, squash, handball, and padel as examples. They are specifically described regarding their characteristics and quality in the Company's catalog.

Order

For individuals, the Customer declares to be at least 18 years old and to have the legal capacity or parental authorization to place an order on the Site. The Customer guarantees the truthfulness and accuracy of the information provided during the purchase.

To purchase Products, you must click on the desired product in the online display area and/or in the brand's website catalog at www.azzafencing.com, then fill out the form accessible in the "my cart" section (mandatory fields are marked with an asterisk). Please carefully review the summary displayed on-screen before confirming your order and proceeding with online payment. Until payment is made, you can cancel the ongoing order or correct errors.

Upon payment, an acknowledgment receipt is sent to the email address provided on the order form, along with a withdrawal form. Please keep it for tracking your order.

Price

  • Price: Products are supplied at the price mentioned in the catalog on the day of the order. This price is firm and non-revisable. Unless otherwise specified, prices include VAT.
  • Customer's Delivery Costs: Delivery costs are borne by the Customer. They are mentioned in the Cart section before payment, separately from the Product prices. Carriers are chosen by the Company or its suppliers.

Retention of Title

The Company reserves, until full payment, including related late fees and penalties, a property right over the Products enabling them to reclaim them wherever they may be.

Payment Terms

  • Cash Payment: Orders are payable in cash at Azza Fencing's headquarters.
  • Payment Methods: Payments are made in euros at the Company's headquarters by credit card or bank transfer.

Late Payment

Without prejudice to the Company's right to terminate the contract under the conditions provided by law, any late payment automatically incurs late payment interest calculated on the VAT-inclusive amount of the unpaid invoice at the legal rate plus five percent from the day after the invoice's due date.

Delivery

Timeframe: The delivery period is typically 7 working days for mainland France, 10 working days for the EU, Switzerland, the UK, and the overseas departments, and 15 working days for the rest of the world. These periods start from the payment date of the order.

Notes and User Instructions

The delivery or commissioning of the product includes the provision of maintenance instructions.

Transfer of Risks

Any risk of loss or damage to goods is transferred to the Customer when the latter or a third party designated by them, other than the carrier proposed by the Company, physically takes possession of these goods. If exceptionally the Company agrees that the consumer entrusts the delivery of the goods to a carrier other than the one proposed, the risk of loss or damage to the goods is transferred to the Customer upon delivery of the goods to their carrier.

Reservations

During delivery, a written notice is left to the customer, indicating the possibility to make reservations, especially in the event of a defect in the product or failure to provide the instructions.

Delivery Delays

In the event of a delivery delay, the Customer may notify Azza Fencing of the suspension of the possible balance payment and/or terminate their order if, after giving Azza Fencing a reasonable delivery deadline, the delay persists. The Customer can also immediately terminate their order if it is clear that Azza Fencing will not deliver the ordered Product. The contract is considered terminated upon the professional's receipt of the letter or written notice informing them of this termination, unless the Company has performed in the meantime. The Company reimburses the consumer for the total amount paid, no later than fourteen days following the date the contract was terminated.

Complaints

The following advice is important to preserve evidence of any anomalies during the receipt or unpacking of the products.

  • It is recommended to check the number, references, and condition of the products upon receipt and in the presence of the carrier, then express reservations on the delivery or receipt note. If it is not possible to check the products in the presence of the carrier, it is advisable to mark "subject to inspection" on the delivery or receipt forms that may be presented for your signature upon delivery of your order, and immediately after delivery, carefully unpack and check the condition and conformity of the products. It is recommended to inform us upon receipt of the packages and in writing of any defects or non-conformities.
  • It is reminded that in accordance with Article L133-3 of the Commercial Code, transport damage and partial losses must be reported to the carrier by registered letter within three days (excluding public holidays) of delivery, under penalty of forfeiture. It is also reminded that in accordance with Article 1648 of the Civil Code, claims regarding hidden defects must be made within two years from the discovery of the hidden defect.

Warranties

Contact Information

The Company's contact details for any warranty-related claims (or after-sales service) are specified in Article 1.

Legal Warranty

December 18, 2014 Decree on information regarding legal warranty

  • The seller is liable for non-conformity defects of the good to the contract under the conditions of Article L211-4 and following of the Consumer Code, and hidden defects of the sold item under the conditions provided by Articles 1641 and following of the Civil Code.
  • When acting under the legal warranty of conformity, the consumer:
    • has a period of two years from the delivery of the goods to take action;
    • can choose between repair or replacement of the goods, subject to the cost conditions provided by Article L. 211-9 of the Consumer Code;
    • is exempt from proving the existence of the defect of conformity of the goods during the first six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
  • The legal warranty of conformity applies independently of any commercial warranty that may be provided.
  • The consumer may decide to enforce the warranty against hidden defects of the sold item as defined by Article 1641 of the Civil Code and in this case, may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

Commercial Warranty and Spare Parts

Azza Fencing does not offer any commercial warranty parallel to legal warranties. No provision of spare parts is planned.

Force Majeure

The Company will not be considered liable or failing for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French courts.

Consumer Mediator

Azza Fencing falls under the Consumer Mediator as follows:

  • Institute of Expertise, Arbitration, and Mediation
  • 31bis-33 rue Daru, 75008 Paris
  • +33(0)1 42 27 28 83
  • https://www.ieam.eu/

Right of Withdrawal (Article L221-18 of the Consumer Code)

The Customer has the right to withdraw without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day the Customer or a third party other than the carrier designated by the Customer physically takes possession of the goods.

To exercise the right of withdrawal, the Customer must notify Azza Fencing (AZZA FENCING, 28 Avenue des Pépinières, 94260 Fresnes (France), social@azzafencing.com) of their decision to withdraw through an unambiguous statement (for example, a letter sent by post or email). The Customer can use the withdrawal form template but it is not mandatory. To comply with the withdrawal period, it is sufficient that the Customer sends their communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

In case of withdrawal, Azza Fencing refunds to the Customer all payments received, including delivery costs (except for additional costs resulting from the fact that the Customer chose, if applicable, a delivery method other than the least expensive standard delivery method offered by Azza Fencing) without undue delay and in any event, no later than fourteen days from the day Azza Fencing is informed of the decision to withdraw from the contract. Azza Fencing will proceed with the refund using the same means of payment as used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any case, this refund will not incur any fees for the Customer. Azza Fencing may defer the refund until it has received the goods or evidence of their shipment, with the date of whichever occurs first being considered. The Customer must return or hand over the goods to Azza Fencing (AZZA FENCING, 28 Avenue des Pépinières F94260 Fresnes (France), social@azzafencing.com) without undue delay and in any event, no later than fourteen days after the Customer has communicated their decision to withdraw from this contract. This deadline is deemed met if the Customer returns the goods before the expiration of the fourteen-day period. The Customer's liability is only engaged in relation to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of these goods.

Personal Data

The information collected during the order is mandatory whenever indicated by an asterisk for the consideration and contractual processing of your orders by Azza Fencing or to ensure, in the legitimate interest of the latter, the monitoring of our relationships (promotions, statistics, prospecting...). Other information is optional and solely intended to better understand you. They are hosted within the European Union and are destroyed three years after our last contact. No profiling will be carried out without your prior information. To access your data, request their rectification, portability, limitation, or deletion in cases provided by law, withdraw your consent, or for any legitimate reason to oppose their processing, address your request to Azza Fencing [social@azzafencing.com]. The public data control authority is the CNIL, 3 Place de Fontenoy, Paris 7th.

Azza Fencing may send emails to Internet users to inform them, particularly about its products and services. It is possible to refuse to receive these informational emails by sending an email or postal mail to the addresses indicated above.

Applicable Law and Competent Jurisdiction

All disputes arising from the purchase and sale transactions concluded in accordance with these general conditions, concerning their validity, interpretation, execution, termination, consequences, and follow-ups, will be subject to the competent courts in accordance with common law.

Optional Withdrawal Form Template

(Please complete and return this form only if you wish to withdraw from the contract.)

To Azza Fencing, (28 Avenue des Pépinières F94260 Fresnes (France),  social@azzafencing.com):

I/we () hereby notify/notifies () my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services (*) below:

Ordered on ()/received on ():

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of this form notification on paper):

Date:

(*) Delete as appropriate.