TERMS OF SALES

ARTICLE 1 - SCOPE - OBJECT

 

The following provisions establish the general conditions of sale (hereinafter the "GTC") of the TORO SAS products offered on the shop (hereinafter the "Products") accessible via the Internet: http://www.toropetank.fr ( hereinafter the "Site").

 

These Terms apply, without restriction or qualification, to all sales concluded by TORO S.A.S. from non-professional buyers (hereinafter the "Consumers") wishing to acquire the Products offered on the Site.

 

These GTC apply, excluding any other conditions

 

The fact of placing an order and clicking on the icon "Please validate the general conditions of sale" means that the Consumer acknowledges having read and accepted the GSC.

 

TORO S.A.S. clarifies that it is not possible for the Consumer to purchase any of the Products presented on his Site without first accepting the conditions set out below.

 

Product offers are subject to availability.

 

These Terms and Conditions constitute with the purchase order the full rights and obligations of the Parties, no other provision can change these.

 

 
ARTICLE 2 - LEGAL NOTICES

 

Owner:

 
TORO S.A.S.

7 Louis Vallière Road

13450 Grans

Such. : 06 84 81 39 50


capital of 5000 €

SIRET 819 376 542 00018 - APE Code 3230 Z


Director of publication: Patrick Messonnier

 

Design, design and development: Net Creation - La Maurelle, Bt J1, Av Guillaume Dulac, 13 600 LA CIOTAT

 

Web hosting: OVH SAS - 2 rue Kellermann 59100 Roubaix

 
ARTICLE 3 - ESSENTIAL PRODUCT CHARACTERISTICS


TORO S.A.S. informs the Consumer through the Site of all the essential technical characteristics of the Products offered.

 

TORO S.A.S. invites the Consumer to read carefully these essential characteristics.

Photographs illustrate the Product on the Site. The Consumer acknowledges that the photographs, representing the Product, appearing on the Site are only indicative.

 
ARTICLE 4 - PRICES

a) The prices of our products are indicated in Euros.

b) All orders, whatever their origin, are payable exclusively in Euros (€).

c) For Metropolitan France and all the member countries of the European Union, the prices include all taxes.

d) For an order delivered in a country other than Metropolitan France and the member countries of the European Union, the Consumer is considered as the importer of the Product (s) concerned. Customs duties or other local taxes or import duties or taxes may be payable. These rights and sums are not the responsibility of TORO S.A.S .. They will be the responsibility of the Consumer and are under his full responsibility both in terms of declarations and payments to the authorities and / or bodies competent in this country. TORO S.A.S. advises the Consumer to inquire about these aspects with his local authorities.

e) TORO S.A.S. reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the rates in force at the time of the recording of the orders subject to availability on this date.

 
ARTICLE 5 - ORDER PASSING

 

Product orders can be made via the Internet safely.

It is up to the Consumer to select on the Site the Products he wishes to order, according to the following terms:

 

    
Choice of a Product in the online shop: the Consumer selects the Product and its characteristics, it has the possibility to consult its availability, to add Products to the basket, to cancel or modify the order, to visualize precisely the detail, the features, and the total including all taxes to be paid.

    
Opening of an account: the placing of any order of Product is subordinated to the existence of an account on the Site. When opening the account, an account creation confirmation email will be sent to the Consumer.

    
Verification of the order: the Consumer will have to check his order of Products and validate these GSC.

To order the Consumer will need to click on "Place Order" to use the Atos secure payment system. The information that the Consumer has given will no longer be modifiable: designation of the chosen Product, diameter, weight, engraving of its name, delivery address, etc. ... It will not be able to call into question its acceptance, subject to the application of article 10 of these GTCS.

 
ARTICLE 6 - ORDER CONFIRMATION

 

To ensure the consumer's willingness to order, TORO S.A.S. undertakes to confirm by e-mail upon acceptance of the payment of the Consumer on the Atos payment platform, his orders received via the Internet.

 

This confirmation will indicate, in accordance with Article L.121-19-2 of the Consumer Code, the following information:

 

- the essential characteristics of the good or service;

- the price of the good or service, pursuant to Articles L. 113-3 and L. 113-3-1 of the Consumer Code;

- the date or time TORO S.A.S. undertakes to deliver the Product;

- information relating to the identity, postal, telephone and electronic coordinates of TORO S.A.S.;

- information on legal warranties and the terms and conditions of implementation of warranties and other contractual terms;

- when the right of withdrawal exists, the conditions, the deadline and the methods of exercise of this right as well as the standard form of retraction;

- the fact that the Consumer bears the cost of returning the Product in the event of withdrawal, it being specified that this cost will vary according to the weight of the Product and the shipping address of said Product;

- when the right of withdrawal can not be exercised, the information that the Consumer does not benefit from this right or, where appropriate, the circumstances in which the Consumer loses his right of withdrawal;

- information on the costs of using the remote communication technique, guarantees, cancellation procedures, methods of dispute resolution and other contractual conditions.

 
ARTICLE 7 - PROOF

 

The confirmation of the Consumer's order will be archived by TORO S.A.S. and considered as proof of the validation of the order by the Consumer and the date on which the order was placed.

ARTICLE 8 - RATES - PAYMENT TERMS

 

8.1 Prices are provided at the rates in effect on the Site, when placing the order by the Consumer. The prices are expressed in Euros all taxes included. These rates are firm and non-revisable.

 

8.2 A delivery note will be attached to the package intended for the Consumer or to any third party expressly designated by him, whether or not the billing address is the same as the delivery address. The invoice will be downloadable and printable in the personal space of the Consumer "My Account" on the Site.

 

8.3 The price is payable in cash, in full on the date of the order placed by the Consumer, through the secure payment system Atos credit card. In addition, TORO S.A.S. reserves the right, in case of non-compliance with the terms of payment listed above, to suspend or cancel the delivery of orders in progress made by the Consumer.

 
ARTICLE 9 - SHIPPING - DELIVERY

 

9.1 All prices shown are exclusive of shipping and delivery charges, which are charged extra.

 

    
For any delivery in metropolitan France and some European countries, the price of the delivery is clearly indicated.

    
For all other countries in the world, pricing is applied according to the weight of the order and the country of destination.

 

9.2 The Products presented on the Site are deliverable anywhere in the world.

 

TORO S.A.S. undertakes to ship the Products in accordance with the deadline indicated in the margin of the specifications specific to each Product reference.


Attention, these delays do not include the delivery times of the carriers in charge of the delivery. Indeed, these delays vary according to the country of delivery and the carrier in charge of said delivery.

 

If the Product (except customized or custom-made product - customized balls by engraving, special manufacture, big diameter, etc ...) is unavailable or if the delivery time can not be respected by TORO SAS, the Consumer will be informed as soon as possible and may either accept an extension, cancel the order and request a refund.

 

TORO S.A.S. undertakes to make its best efforts to deliver, in mainland France, and to dispatch, for the rest of the world, the Products ordered by the Consumer, within the deadlines specified below:

 

     
Two (2) business days from receipt of payment for products on stock - without customization;

     
Five (5) business days from receipt of payment for products on stock - with customization;

     
Between twenty (20) and forty (40) business days from receipt of payment for fully custom products.

 

It is specified that these deadlines are extended during the total closing days of the manufacturing workshop and / or the company TORO S.A.S .. It follows that:

 

- when an order occurs during the total one-time closure of the manufacturing workshop and / or the TORO SAS company, the period begins to run from the reopening of the manufacturing workshop and the company TORO SAS ;

 

- when an order occurs before the total closing of the manufacturing workshop and / or the company TORO SAS but that its delivery is supposed to take place during the total closing days of the manufacturing workshop and / or the company TORO SAS, then the period is extended by the number of days between the date on which the delivery should have taken place and the date of reopening of the manufacturing workshop and / or the company TORO SAS.

 

Shipments are delivered daily to Colissimo who carry daily orders from the Consumers, Saturday included:


If the Consumer is absent on the day of delivery, a notice of instantiation will be deposited in his mailbox by the carrier.

 

The date of shipment of the Consumer's order is indicated in the consumer's account where the parcel number is registered with the carrier with a link to the carrier's website. At any time, the Consumer can follow the evolution of the delivery of his order thanks to this link.

 

If the Consumer has not received his package within fifteen (15) calendar days from the date of shipment, the Consumer is invited to inform TORO S.A.S ..

 

In case of loss or theft, the order will be replaced free of charge by TORO S.A.S ..

 

9.3 If the order is more than ten (10) sets of balls, it will be delivered in several packages.

 
9.4 On delivery, the Consumer is obliged to check the general appearance of the packaging of the delivered Product and its contents. In case of damage and / or lack, the Consumer will have a period of three (3) calendar days (holidays not included) from the delivery to form all reservations or claims for non-conformity or defect of the Products delivered to the carrier on his delivery note and on his carrier's bill and in writing to TORO SAS preferably by registered letter with acknowledgment of receipt.

 

9.5 In case of non-conformity or apparent defect of the delivered Product, TORO S.A.S. is committed to exchange the Product or refund the Consumer.

 

9.6 Transfer of ownership and transfer of risks:

 

9.6.1 The transfer of ownership will be carried out as from the complete payment of the price by the Consumer.

 

9.6.2 Any risk of loss or damage to the Product is transferred to the Consumer at the moment when the latter or a third party designated by him, and other than the carrier proposed by TORO S.A.S., physically takes possession of these Products.

 

 
ARTICLE 10 - WITHDRAWAL PERIOD

 

10.1 Custom Products and Custom Products:

 

10.1.1 A Product is considered to be made-to-measure or out of range when it requires special manufacturing.

 

10.1.2 A Product is considered personalized when it is engraved according to the wish of the Consumer.

 

10.1.3 For any Customized Product, the Consumer does not have, pursuant to Article L.121-21-8, 3 ° of the Consumer Code, a withdrawal period and is definitively bound by the conditions laid down. in his order.

 

10.2 Standard products:

 

10.2.1 A Ball Product is considered standard when it does not require an out-of-range manufacturing and that appears in its article sheet on the Site: In stock, shipped within 24 hours.

 

Are available on stock, in general:

 

- all boules games in standard range;

 

- all accessories and clothing offered on the Site.

 

10.2.2 For any standard product that does not require special manufacturing or personalization marking, the Consumer has a withdrawal period of fourteen (14) pursuant to Article L.121-21 of the French Consumer Code. days from receipt by the ordered Product.

 

10.2.3 When the fourteen (14) day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.

 

10.2.4 This right of withdrawal can be accepted only for complete Products, in their original state (balls, accessories, warranty, packaging ...), with a copy of the purchase invoice. Products returned incomplete, damaged or soiled by the Consumer will not be taken back.

 

10.2.5 The right of withdrawal may be exercised by the Consumer using the withdrawal form on the Site or any other unambiguous written declaration expressing his wish to retract; it being specified that the expenses of return of the Product in case of retraction will be charged to the Consumer.

 

10.2.6 When the right of withdrawal is exercised:

 

The direct costs of return and return are the responsibility of the Consumer, only the price of the Product and the cost of delivery will be refunded. It is specified that TORO S.A.S. will not refund the additional costs if the Consumer has expressly chosen a more expensive method of delivery than the standard delivery method proposed by TORO S.A.S ..

- the Consumer has a period of fourteen (14) days following the communication of the decision to retract to return the Products to TORO S.A.S ..

- TORO SAS undertakes to reimburse the Consumer within fourteen (14) days of the receipt by TORO SAS of the Products returned by the Consumer under the conditions set out in the GTS or from the date of delivery. by the Consumer of the proof of the dispatch of the Products, the date chosen being that of the first of these facts.

 
ARTICLE 11 - WARRANTY AND AFTER-SALES SERVICE

 

11.1 Legal guarantees:

All Products supplied by TORO S.A.S. to the Consumer benefit, without additional payment, in accordance with the legal provisions:

 

- the legal guarantee of conformity (articles L.211-4 to L.211-14 of the French Consumer Code);

 

- the legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code) resulting from a defect in design or manufacturing that affects the delivered Products and renders them unfit for use.

 
11.2 Commercial guarantee:

In addition to the above legal warranties, the Consumer benefits from the following commercial guarantee:

- For competition petanque balls: contractual warranty against any defect that may present the Product for a period of one (1) year from the date of purchase (date of order).


- For accessories / clothing: contractual warranty against any defect that may present the Product for a period of seven (7) calendar days from receipt of the Product.

 

To benefit from this warranty, it is imperative to keep the invoice for the purchase of the Product.

 

In addition, for the garments, the contractual guarantee will be able to play only if the following conditions are fulfilled:

 

- the product has not been worn (just tried);

 

- all labels and protective films are present on the Product;

 

- the Product must be in perfect condition and well folded in the original packaging;

 

- the plastic packaging must surround the Product.

 

11.3 Implementation of legal and commercial guarantees:

Any return of Product by the Consumer must be accompanied by the following:

 

- copy of the proof of purchase;

- return form sent by the customer relations department duly completed (telephone number and email address and more precise description of the complaint if necessary).

 

The Product likely to be defective must be returned by the Consumer in a carton similar to its original carton and intended for transport.

 

TORO S.A.S. can not be held responsible for any damage caused to the Product during transport for its return.

 

The Consumer will have to send his card in colissimo followed with delivery against signature to the address referred to below and keep the receipt of the sending with the number of parcel in case of loss or theft:

TORO S.A.S. - SAV

7 Louis Vallière Road

13450 Grans

 

As part of the implementation of the commercial guarantee, the cost of returning the Products will be borne by the Consumer.

 

TORO S.A.S. undertakes to repair or exchange any defective Product recognized within thirty (30) working days from receipt of said Product.

 

Any rework may be accepted only with the prior written consent of TORO S.A.S.

 

11.4 Exclusion of guarantee:

 

11.4.1 Exclusion of legal warranties and commercial warranties: The following are not included in the warranty:

 

- any alteration of the Product due to misuse or abnormal use of it due to negligence, lack of maintenance or fault of the Consumer or replacement due to normal wear of the Product;

- absence of proof of purchase copy and legible references;

- expired warranty;

- Incomplete product;

- detection of misuse of the Product, ie: consequences due to a voluntary action (modification of the technical and physical aspects of the Product) and inconsiderate (abnormal use) on the part of the user.

- detection of any operation performed on 1 TORO S.A.S. competition game after purchase, such as engraving not carried out in our customization workshops. The warranty does not include any alteration of the Product due to engraving on a ball outside the TORO S.A.S.

 

11.4.2 Specific exclusion of the commercial guarantee: The following cases are not included in the commercial guarantee:

- absence of the return service form sent by the TORO S.A.S. Customer Relations Department;

- absence of TORO S.A.S. invoice;

- package sent by the Consumer carriage due;

- Product damaged or lost due to the return transport of the Consumer to TORO S.A.S ..

 

11.5 After-sales service / hotline: a telephone service can be contacted at 06 84 81 39 50 is open from Monday to Thursday from 8 am to 6 pm and Friday from 8 am to 5 pm.

 
ARTICLE 12 - PAYMENT

 

12.1 For each Product offered for sale, the Consumer has the possibility offered by the Atos secure payment platform. The order is then recorded instantly automatically after validation of the product basket and the payment method. The payment is immediate.

 

12.3 The Consumer certifies that he has the necessary authorizations to make the payment

 

12.4 As part of a payment by credit card, the payment order may be revoked in the event of fraudulent use of the card in accordance with the agreement concluded between the Consumer and his bank.

 

12.5 All orders are payable exclusively in Euros.

 

 
ARTICLE 13 - TECHNICAL SECURITY

 

Many people are concerned about Internet security. TORO S.A.S. undertakes to make its best efforts to secure the visit and the purchase of the Consumer.

 

    The orders go through a secure server, accessible only to the authorized staff of TORO S.A.S ..

    An e-mail not including the confidential data of the Consumer is sent to him as soon as possible to acknowledge receipt of his order.

    The Consumer's credit card number is encrypted before it is sent directly to the Atos secure payment platform. The confidential information provided does not circulate in clear on the Internet and is not transmitted to TORO S.A.S ..

    The Consumer also receives an acknowledgment of his transaction and is thus assured that TORO S.A.S. is a customer of the Atos secure payment platform.

    The secure payment platform Atos has set up an SSL key on its server to ensure optimal security. The padlock next to the URL indicates that communications between the TORO S.A.S. browser and the Atos secure payment platform are secure: no one can spy on them and no one can tamper with the communications.

 

 
ARTICLE 14 - INTELLECTUAL PROPERTY

 

14.1 All content (including texts, comments, works, illustrations and images) of the Site is protected by French and international laws relating to intellectual property.

 

14.2 As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.

 

14.3 Any other use constitutes infringement and is punishable under intellectual property without the express prior written consent of TORO S.A.S. emanating from a duly authorized person.

Any total or partial reproduction of elements of the Site or TORO S.A.S. catalog is strictly prohibited.

   
ARTICLE 15 - LIABILITY

 

15.1 The Products offered are in accordance with the French legislation in force and the standards applicable in France and in the European Union.

The photographs, texts, graphics, information and features produced illustrating the Products presented, are not contractual. Consequently, the responsibility of TORO S.A.S. can not be engaged in case of difference of presentation between the photograph of the Site and the Delivered Product.

 

15.2 TORO S.A.S. can not be held responsible for the lack of delivery of the Products ordered in case of force majeure, disruption or total or partial strike including postal services and means of transport and / or communications, flood, fire.

 

15.3 TORO S.A.S. will not be liable for any consequential damages, loss of business, loss of profit, loss of opportunity, damages or costs, which may occur as a result of the execution of orders from the Consumer.

 

15.4 Hypertext links may refer to other sites than the Site. TORO S.A.S. disclaims any liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

 

15.5 The responsibility of TORO S.A.S. can not be engaged:

 

    In the event of abnormal or non-compliant use of the Products, other than just a leisure or sports game.

    If handled by children left unattended and / or whose strength is not proportionate to the weight of the balls (from 680 to 710 gr).

 
ARTICLE 16 - PROTECTION OF PRIVACY

 

TORO S.A.S. undertakes not to disclose to third parties the information provided by the Consumer. These are confidential. They will be used by its internal services only for the processing of the order of the Consumer and only to strengthen and personalize the communication and the cultural offer and Product, reserved for customers of TORO S.A.S ..

 

This treatment was the subject of a declaration to the CNIL, bearing the number 1964123 dated May 27, 2016.

 

Consequently, in accordance with the Data Protection Act of 6 January 1978 in its consolidated version dated 27 August 2011, the Consumer has the right to access, rectify and oppose data concerning him. To do this you just have to ask TORO S.A.S.:

    By e-mail addressed to dl@toropetank.fr

    By mail indicating your last name, first name, address and if possible your customer reference.to: Toro S.A.S. 7, Chemin Louis Vallière 13450 Grans

 
ARTICLE 17 - APPLICABLE LAW

 

These Terms are subject to French law. The language of these GTCS is the French language.

In the event of any dispute relating to these Terms and Conditions, the Consumer will be able to use a conventional mediation procedure or any other alternative method of dispute resolution. In case of dispute, the competent jurisdiction will be determined in accordance with the rules of the common law of consumption.

 
ARTICLE 18 PRECONTRACTUAL INFORMATION AND CONSUMER ACCEPTANCE

 

The Consumer acknowledges having communicated, prior to the placing of the order, in a clear and understandable manner, these Terms and all information and information referred to in Article L.121-17 of the Consumer Code, in particular:

 

- the essential characteristics of the Product;

- the price of the Product or its method of calculation;

- the date or time TORO S.A.S. undertakes to deliver the ordered Product;

- information relating to the identity, postal, telephone and electronic coordinates of TORO S.A.S.;

- legal guarantees;

- the right of withdrawal.