General terms and conditions of sale
Please read these general conditions carefully: they define the terms and conditions of sale applicable when you place an order on the website www.cairn-sport.com
DEFINITIONS
The terms used below in these general terms and conditions of use and sale, both in plural and singular, will have the following meaning:
Client: any adult individual, having the capacity to contract and having the status of consumer within the meaning of the Consumer Code, who orders Products on the Website for non-professional purposes under the conditions defined below.
General Terms and Conditions of Use and Sale or CGUV: these general conditions applicable between the Seller and the Client, which the Client declares to accept when ordering Products, which govern the use of the Website and the sale of Products.
Product: any product offered for sale by the Seller on the Website, including ski and bike helmets, masks, sunglasses, ski and bike protections, gloves, hats, and sports accessories (particularly related to skiing or biking).
Website: infrastructure accessible at the address www.cairn-sport.com owned and operated by the Seller.
Seller: company CAIRN SPORT, SAS, registered under the SIREN number 318 197 902, registered under the number 318 197 902 at the RCS of Lyon whose head office is located at 55 T Avenue René Cassin, 69 009 Lyon represented by its current legal representative, Christophe Merkel, who edits the Website and sells the Products.
OBJECT AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE
These General Terms and Conditions of Use and Sale define the rights and obligations of the Seller and the Client applicable to the use of the Website and the sale of Products, which the Client accepts by checking the box provided for this purpose when ordering Products.
Any order placed via the Website by the Client requires prior acceptance by the latter of these CGUV as well as the pricing conditions in force on the day of acceptance of the order which are an integral part of it.
These CGUV are permanently accessible on the Website, in a computer format allowing their printing and/or downloading, so that the Client can proceed with their reproduction or saving.
The Seller reserves the possibility to modify the CGUV. The new CGUV will be submitted to the Client before any order.
ORDERING PRODUCTS
The Products offered on the Website are intended only for sale to individuals.
Creating an account: ordering requires the creation of an account by the Client, at any time and at the latest when placing their order by clicking on the button provided for this purpose.
The Client must fill out the form with the requested information. The personal data communicated by the Client will be processed in accordance with the privacy policy present on the Website.
The Client undertakes to provide accurate information. The provision of false information by the Client having resulted in the inability for the Seller to fulfill its obligations, particularly delivery of the Products, shall not engage the responsibility of the latter as a result.
The account will be accessible using the login credentials (email address and password) chosen by the Client at the time of registration or modified later. The Client acknowledges that their credentials and password are strictly personal and confidential. Therefore, they are prohibited from communicating or sharing them with third parties. For security reasons, it is recommended that the Client choose a strong password in accordance with applicable standards (8 characters, with uppercase, lowercase, numbers, and special characters). In case of suspected fraudulent use of their credentials, it is recommended that the Client immediately inform the Seller.
Product Selection: to place an order via the Website, the Client must select the Products they wish to purchase by adding them to the cart.
In accordance with articles L.111-1 and following of the Consumer Code, the characteristics of the Products are detailed on the Website pages related to each Product.
The Client's attention is drawn to the fact that the cart is solely intended to list the Products chosen by the Client and in no way makes them unavailable to other users. The Products will only be reserved and the price updated at the time of order validation.
Once the selection of Products is completed, the Client will finalize their order from the cart.
Ordering Products: the Client will be redirected to the cart containing the summary of selected Products, the price, and delivery charges. The Client will have the option to modify the quantities of Products or remove a Product from the cart. They can finalize their order by clicking the button provided for this purpose.
Unless already logged in, the Client will need to create an account or log in if they already have one. The Client will need to provide their address (delivery and billing address if different), may apply a promo code, choose their delivery method from those offered, and then proceed with payment by clicking the button provided for this purpose.
The order will only become firm and final after payment of the price. The Client will receive a confirmation email containing the details of their order.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
Product Availability: the Seller commits to honoring orders received only within the limits of available stocks.
In the absence of availability, especially if the Product becomes unavailable between the order and the payment, the Seller will inform the Client as soon as possible, indicating the restocking time. At the Client's request, the order may be canceled for the missing Products with a refund.
PRICE AND PAYMENT OF THE PRICE
Price: The price of the Products displayed on the Website is the current rate and is understood in euros and all taxes included. In addition to the price of the Products, delivery charges are added for each order, the amount of which is indicated in the cart and the order summary.
The selling prices of the Products are freely determined by the Seller and may be changed at any time. The applicable price will be the one in effect during the order.
Payment: The payment methods are indicated on the payment page of the Website and during the order process. The price is payable by Credit Card (CB, Visa, Mastercard, American Express), Shop Pay, Paypal, Apple Pay.
The price is payable in full at the time of the order via the secure area of the establishment responsible for collecting the price on the page provided for this purpose.
The Client guarantees that they are fully authorized to use the payment method they are using and that they have sufficient funds to cover the costs of the order. Any bank fees related to credit card payments will remain the responsibility of the Client.
DELIVERY
Delivery: The Products are sold only to Clients whose delivery address is located in one of the following countries: France, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg.
Delivery occurs within the timeframe indicated at the time of order, depending on the mode and place of delivery:
Standard home delivery: maximum 3 working days in France and maximum 5 days for other European Union countries;
Express delivery: maximum 48 working hours in France and maximum 3 days for other European Union countries;
Delivery to a relay point: maximum 3 working days in France and maximum 5 days for other European Union countries.
Any delivery delay beyond the deadline not due to a case of force majeure may lead to the cancellation of the sale at the Client's initiative by sending a registered letter with acknowledgment of receipt. According to Article L216-6 of the Consumer Code, the sale will be considered resolved upon receipt by the Seller of the Client's letter informing them of their decision to cancel the sale if the delivery has not occurred in the meantime. In case of cancellation, the Seller will refund the Client the amounts they have paid as soon as possible and, at the latest, within 14 (fourteen) days from the receipt of the registered letter with acknowledgment of receipt.
In case of non-delivery and/or return of the package due to a fault of the Client (for example, incorrect address, failure to claim the package from the post office), the Client will have to pay the associated fees (storage and/or reshipping fees).
Receipt: If the package delivered by the carrier is in poor condition and if Products are missing, it is recommended that the Client refuse the package and make express reservations on the delivery note so that the guarantee offered by the carrier can be applied. The Client must inform the Seller in writing as soon as possible so that the Seller can conduct an investigation with the carrier. The Client's attention is drawn to the fact that receiving the package without reservation may extinguish the Seller's actions against the carrier.
WITHDRAWAL
In accordance with the provisions of Article L.221-18 of the Consumer Code, the Client has a period of 30 (thirty) days to exercise their right of withdrawal and return, at their expense, the Products they have ordered for any reason. This period runs from the day of receipt of the Products by the Client, with the dated delivery slip serving as proof. The withdrawal can be formulated at the Client's choice by a request addressed to the Seller via the online form provided on the Website.
It is requested the Customer to return the Products in their original packaging and wrapping, if possible accompanied by the Return Slip allowing to certify that they are indeed Products purchased via the Website.
The return of the Product(s) will be made to the Seller at the address indicated on the withdrawal form, within thirty (30) days following the date on which the Customer's right of withdrawal was exercised. The costs and risks associated with the return of the Products are the responsibility of the Customer.
After receipt and verification of the Products, the Seller will reimburse the Customer for the amount of the returned Products within a maximum period of 14 (fourteen) days from the receipt of the Products (or proof of shipment of the Products by the Customer), by the same means of payment used by the Customer for the purchase of the Products unless otherwise agreed in writing by the Customer and the Seller.
In case of depreciation of the Products resulting from handling other than that necessary to establish the nature and characteristics of the Products, the Seller may request the Customer to pay compensation corresponding to this depreciation.
WARRANTIES
The Products offered comply with the legislation in force and the applicable standards in the countries of delivery of the Products.
In particular, the Products are approved and in some cases may be classified as Personal Protective Equipment. The Products are sold and delivered with their user manual. Applicable certificates of conformity are available on the Website.
In addition, the Customer is informed of the following in accordance with the law:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the sales contract for the goods provides for the provision of digital content or a digital service continuously for a period exceeding two years, the legal guarantee is applicable to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days following their request, without charge and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against the return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the item causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of returning or removing the non-compliant item, or if they bear the installation costs of the repaired or replacement item;
4° The non-compliance of the item persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the item or the termination of the contract when the non-compliance is so serious that it justifies the immediate reduction of the price or termination of the contract. The consumer is then not required to request the repair or replacement of the item beforehand.
The consumer is not entitled to the termination of the sale if the non-compliance is minor.
Any immobilization period of the item for its repair or replacement suspends the remaining warranty period until the delivery of the restored item.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is retained or a full refund against the return of the item.
In case of a defect in the Product, the Client must inform the Seller by communicating the observed defect via the online form provided for this purpose, link at the bottom of the site pages. They will be invited to provide any information, such as photographs of the Product showing the defect, an invoice (if the product was not purchased via www.cairn-sport.com) and details of the defects.
Based on the information provided and within the framework of a valid warranty application, the Customer Service will communicate a prepaid shipping label and a service request to the client.
Then, the Client must return the Product in its original packaging, with any notices, documentation, or accessories as well as the previously communicated Service Request, to the return address established on the shipping label provided by the Seller.
A commercial warranty of 5 years may be granted to the Client for certain Products. In this case, the terms of this commercial warranty will be indicated on the Product sheet concerned.
This warranty applies without prejudice to the consumer's right to benefit from the legal guarantee of conformity and the one related to hidden defects, under the conditions provided for in articles 1641 to 1649 of the Civil Code mentioned above.
PRODUCT SAFETY AND ENVIRONMENT
Product Safety
The Personal Protective Equipment (PPE) marketed by CAIRN SPORT complies with the requirements of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC. They have undergone a rigorous evaluation of compliance to ensure their safety under normal or reasonably foreseeable conditions of use.
Each PPE is accompanied by clear and understandable information regarding its use, maintenance, and precautions to ensure user safety. This information is provided in French as well as in the official language of each marketing country, and is available on the corresponding product sheet, packaging, or in the user manual.
In accordance with Regulation (EU) 2016/425, information relating to the manufacturer, importer, or responsible authorized representative is indicated on the product sheet, packaging, or provided documentation.
In the event of identifying PPE posing a risk to health or safety, CAIRN SPORT commits to immediately inform the competent authorities and take all necessary corrective measures, including product withdrawal or recall. Affected customers will be notified without delay and will receive an appropriate solution, such as repair, replacement, or refund, in accordance with the provisions of Regulation (EU) 2016/425.
IDU Number
In accordance with Article R.541-173 of the Environmental Code, the Unique Identifier Number (IDU) is an alphanumeric identifier assigned to each producer for each concerned EPR sector. It allows authorities to monitor and control the compliance of producers with their obligations regarding waste prevention and management.
The Seller's IDU number is as follows: FR213427_13HEYA
RESPONSIBILITY
Seller's Responsibilities: The Client acknowledges and accepts that no one can guarantee the proper functioning of the internet as a whole.
The Seller has taken all necessary precautions to ensure that all Products have been described accurately. However, although the Seller attempts to present accurate photographs of the Products on the Website, the colors the Client sees will depend on the computer screen used and display settings, and therefore the Seller cannot guarantee that the photographs exactly match the Products (details, colors). Consequently, the photographs, information, and visuals of the Products presented on the Website are indicative only.
The Seller's liability cannot be engaged in case of failure to meet its obligations due to a force majeure event, an unforeseeable or insurmountable act of a third party to the contract, or attributable to the Client. The Seller's liability can only be held for direct damages in accordance with the Civil Code.
Hypertext links present on the Website may refer to other websites whose consultation and/or use of these sites and external sources are governed by their own terms of use and carried out under the respective responsibilities of the Client and the publisher of said website.
Client's Responsibilities: The computer equipment (hardware, software) and communication means allowing access and use of the Website are at the Client's expense and under their responsibility.
INTELLECTUAL PROPERTY
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Website and all elements, trademarks, designs, models, logos, graphics, photographs, texts, etc. found on it as well as their compilation are the exclusive property of the Seller or the holder of the concerned intellectual property rights, who do not grant any license or any other right than that of consulting the site.
Reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes infringement and is sanctioned under intellectual property law, unless prior written authorization from the Seller.
Furthermore, the Seller reminds that any creation of a hyperlink to the homepage or any other page of the Website is subject to its express, prior, and written agreement.
The Client undertakes not to directly or indirectly harm the Seller, the Website, or the rights of the Seller.
APPLICABLE LAW AND DISPUTES
The sales contract between the Seller and the Client is concluded in French and these GTC are subject to French law.
The contract concluded with the Client will be archived for a period of 10 years on the platform operated by the Seller.
In case of a dispute between the Seller and the Client concerning the validity, execution, non-execution, or interpretation of these GTC or, more generally, the relations between the Seller and the Client, they will endeavor to find an amicable solution.
The Client may:
- Address their complaint to the Seller who will respond in writing as soon as possible
- In the absence of an amicable agreement, the Client has the possibility to resort to a mediation procedure or any other alternative dispute resolution mode:
- To this end, the Client may contact for free the consumer mediator designated by the Seller, namely SAS Mediation Solution, within one year from the written complaint addressed to the Seller:
Sas MEDIATION SOLUTION
222 Chemin de la Bergerie
01800 Saint Jean de Niost - France
Tel.: 33(0)4 82 53 93 06
Email: contact@sasmediationsolution-conso.fr
Website: https://sasmediationsolution-conso.fr
The period within which you can contact the mediator is 12 months from the date of the first written complaint made to the Seller.
- either by completing the form provided for this purpose on the SAS Mediation website: Consumer Mediation - Consumer Mediation
- or by mail addressed to Cairn – E-commerce Customer Service, 55 T Avenue René Cassin, 69 009 Lyon, France
Or refer to one of the competent jurisdictions. In particular, the consumer may refer to either one of the territorially competent jurisdictions under the code of civil procedure, or the jurisdiction of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.
It is expressly reminded that requests for amicable settlement do not suspend the deadlines open to initiate legal actions.
MISCELLANEOUS PROVISIONS
If any of the non-essential clauses if these CGUVs prove to be null or unenforceable under a law or regulation or as a result of an enforceable decision of a court or competent authority, the parties expressly agree that the present contract will not be affected by the nullity of the aforementioned clause.
The fact that one of the parties does not require the strict execution by the other party of any provision or condition of these CGUVs at any time shall not be deemed to constitute a definitive waiver of that provision or condition.
