1 - Scope
These General Terms of Sale define the conditions under which WICKED SPORTZ DISTRIBUTION CONCILIUM.D (“WSD” “we” “our” “our”), SAS with capital of 8080 € registered in the trade and companies register of Pontoise under number B 489 695 726 and whose head office is located at 25 route de Menandon 95300 Pontoise - France, provides its professional customers (the "Customer(s)" "you" "your" "yours") who request, via its website www.wickedsportz.com, by telephone or email, the products marketed by WSD described below (the “Product(s)”).
These Terms of Sale constitute the sole basis of the commercial relationship between WSD and the Customer.
They apply without restriction or reservation to all sales concluded between WSD and the Customer regardless of the clauses that may appear on the Customer's documents, and in particular its general conditions of purchase.
The Terms of Sale are systematically communicated to any Customer who requests them, to enable them to place an order with WSD.
Any order of Products implies, on the part of the Customer, the acceptance of these Terms of Sale. WSD reserves the right to derogate from certain clauses of these Terms of Sale, depending on the negotiations conducted with the Customer, by establishing Special Terms and Conditions of Sale.
2 - Products
The Products offered for sale by WSD are those listed in our electronic catalogs and on our website (hereinafter together the “Catalog”). WSD can also offer made-to-measure products, customizable products and/or non-Catalog products on specific Customer order.
The descriptions and information of the Products appearing in the WSD Catalogs are provided to the Customer for information purposes and are not exhaustive. It is your responsibility to comply with the product manufacturer's instructions relating to its installation and/or use delivered with the Product or available on the WSD website.
The illustrations of the Products in the Catalog have no contractual value.
In the event that a Product turns out to be unavailable, WSD reserves the right to substitute it with a Product of equivalent quality to that initially ordered.
3 - Orders
3.1 Any order placed in application of these Terms of Sale must imperatively include the following information:
The date of the order;
The Customer's business name;
The WSD references of the Products ordered;
The quantities and description of the Products ordered;
The order number;
The precise delivery address;
The delivery contact and his telephone number;
The billing address;
The contact details of the Customer and the recipient (telephone numbers and e-mail address);
The desired delivery date;
3.2 Orders can be placed by the following means:
- Online at www.wickedsportz.com
- By email: info@wickedsportz.com
- By phone on +331 34 66 92 66
Sales are only perfect after express and written acceptance of the Customer's order by WSD, which will ensure in particular the availability of the Products requested.
The taking into account of the order and the acceptance thereof are confirmed by sending an e-mail to the address indicated by the Customer in the order.
For orders placed via our website, the recording of an order is made after acceptance of these Terms of Sale, by checking the box provided for this purpose, and after validation of the order by WSD.
It is specified that the data recorded in our computer system is proof of all transactions concluded with the Customer.
WSD reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
4 - Prices
The Products are supplied at the WSD prices in effect on the day the order is placed. These prices are firm and non-revisable during their period of validity, as indicated in our Catalog or, where applicable, in the special conditions agreed with the Customer.
Prices are likely to vary in the event of exceptional changes in the prices of raw materials, limited-time promotional offers and/or changes in regulations related to eco-contributions or other taxes.
The reference price is that indicated on our website www.wickedsportz.com at the time of placing the order.
All our prices are displayed in euros and excluding taxes. They include the eco-contribution for the Products which are subject to it. They do not include transport, any customs fees or insurance, which remain the responsibility of the Customer.
Delivery costs are charged for all orders without exception.
5 - Terms of payment
The price is payable in cash, in full, from the date of issue of the invoice, unless prior agreement on a payment period.
For new customers and customers not insured by our credit insurer, payment must be made on estimate, before shipment of the goods.
It is specified that WSD issues electronic invoices. They take the place of original invoices for the application of articles 286 and 289 of the general tax code. By accepting these Terms of Sale you agree to receive invoices in electronic format.
Payment can be made:
- by bank transfer, using the RIB indicated on your quote, order form or invoice.
- by credit card CB, MasterCard®, Visa ®, directly online on our website or via a payment link. Payment is secure.
For any other method of payment, you are invited to contact our customer service on +331 34 66 92 66.
Payments made will only be considered final after actual collection of the sums due. In case of advance payment, no discount will be granted.
In accordance with Article L. 441-10 of the Commercial Code, in the event of late payment of sums due by the Customer beyond the period set above, late payment penalties equivalent to 3 times the interest rate will be automatically and automatically acquired by WSD, without any formality or prior formal notice.
In the event of non-compliance with the payment conditions listed above, WSD also reserves the right to suspend or cancel the delivery of orders in progress by the Customer or to suspend the performance of its obligations.
Finally, a lump sum compensation for recovery costs, in the amount of 40 euros, will be due by the Customer, automatically and without prior notification in the event of late payment.
WSD reserves the right to ask the Customer for additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
6 - Discounts and rebates
The Customer may benefit from discounts and rebates on WSD prices, depending on the quantities acquired or delivered, at one time and at one place, or on the regularity of his orders.
7- Deliveries
7.1 Terms of delivery
The Products ordered by the Customer, excluding made-to-measure, personalized or Catalog products, will be delivered according to the following conditions:
Metropolitan France zone: any order registered before 1:00 p.m. from Monday to Thursday, delivery is made within 24 to 48 hours;
Europe zone: any order registered before 1:00 p.m. from Monday to Thursday, delivery is made within 2 to 6 days.
The delivery of made-to-measure, personalized or non-Catalog Products is subject to the deadlines agreed between WSD and the Customer.
Deliveries are made Monday to Friday. The deadlines are understood, subject to cases of force majeure, in working days. It is specified that the deadlines mentioned above do not constitute strict deadlines.
Consequently, WSD cannot be held liable with regard to the Customer in the event of late delivery. Under no circumstances may WSD be held liable in the event of delay or suspension of delivery attributable to the Customer or in the event of force majeure.
7.2 Place and Terms of Delivery
The delivery will be made to the address indicated by the Customer in the Order form by the direct delivery of the Products to the Customer.
All deliveries will be accompanied by a delivery note.
WSD undertakes to deliver Products in accordance with the order and in sufficient packaging conditions to preserve their integrity.
WSD is authorized to make partial and/or anticipated deliveries of the Products. Shipments will be made by partner carriers outside of WSD.
7.3 Reservations
It is the Customer's responsibility to check, in the presence of the delivery person, the apparent condition of the product(s) delivered upon receipt.
Any anomaly observed on delivery of the products must be the subject of written reservations on the carrier's delivery slip at the very moment of receipt of the products, and communicated to WSD on the same day.
For Paintballs, WSD checks the quality on departure of the goods, the Customer must for his part check the quality on receipt of the goods, and this before signing the delivery note to the carrier.
If the Customer finds a quality defect, he must refuse the goods and mark on the carrier's slip at least "Refusal for damage to goods". Without this mention, no complaint can be taken into account. The absence of reservations issued by the customer at the time of delivery will cover any apparent defect in the products.
The reservations made by the Customer must be complete, reasoned and as precise as possible by providing all justifications as to the reality of the defects or missing items observed. No complaint can be validly accepted in the event of non-compliance with these formalities by the Customer.
WSD will replace as soon as possible and at its expense, the Products delivered whose lack of conformity has been duly proven by the customer, or will proceed with the delivery of the missing ones, subject to the clarifications above concerning the conditions of transport.
7.4 Customs
All customs clearance costs will be borne by the Customer.
The Customer also acknowledges that when he orders products from WSD for delivery outside the European Union, he is considered the official importer and must therefore comply with the laws and regulations of the country in which he receives the products.
8 - Retention of Title
Risk transfer Unless otherwise decided in writing by us, WSD reserves, until full payment of the price by the Customer, a right of ownership over the Products sold, allowing it to regain possession of the said Products.
Any deposit paid by the Customer will be retained by WSD as lump sum compensation, without prejudice to any other actions that it would be entitled to bring against the Customer as a result.
On the other hand, the risk of loss and deterioration is transferred to the Customer upon delivery of the Products ordered.
9 - Returns
Unless WSD agrees, no Product may be returned. The costs of packaging and transport to go and return are the responsibility of the Customer.
10 - Warranties
The Products benefit from a guarantee covering the non-compliance of the Products with the order and any hidden defect, resulting from a material, design or manufacturing defect rendering the Products unsuitable for their use.
This warranty is valid for a period equal to that specified in the technical sheet of the Product concerned or in the Catalog, from the date of delivery.
This warranty is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect. The packaging and transport costs generated by the return and reshipment of the Products will be borne by WSD.
The benefit of the warranty is subject to:
1 - upon receipt by WSD of a letter sent by registered letter with acknowledgment of receipt notifying the defect noted, it being specified that as regards apparent defects, this letter must reach WSD within (thirty) 30 days following the delivery of the Product concerned or following the signing of the service delivery note (for products that have been the subject of associated services);
2 - upon return of the Product concerned, accompanied by the corresponding invoice. As regards the Product affected by an apparent defect, it must be returned in its original packaging or equivalent packaging ensuring its protection, in particular during transport;
3 - WSD's finding of the alleged defect.
The conventional warranty is excluded in the following cases:
- Expired Product, in the case of Products with an expiry or consumption date;
- Abnormal or non-compliant use of the Product with regard to its own specifications or negligence on the part of the Customer in the storage, maintenance or handling of the Product;
- Normal Product wear.
WSD will replace or have repaired the Products or parts under warranty found to be defective. This warranty also covers labor costs.
11 - Intellectual property
WSD retains all industrial and intellectual property rights relating to the Products, photos and technical documentation which may not be communicated or reproduced without its written authorisation.
WSD reserves the right to oppose, to stop or to seek compensation for any use that it deems unfair, constituting an act of commercial parasitism, or contrary to its image or to the rights it has granted, in particular in the assumption that it would be found the use of trademarks registered by WSD.
12 - Limitation of liability
Unless there are mandatory legal provisions to the contrary, WSD cannot be held liable (i) beyond six (6) months following the occurrence of the event giving rise to the damage and (ii) only on proven and exclusive fault of WSD in its realization.
The maximum amount of compensation that may be paid by WSD may not exceed the total amount excluding tax invoiced to the Customer for the order line that generated the damage, except in the case of bodily injury.
Liability cannot be sought in the event of indirect damage such as - and, without this list being considered exhaustive - damage or commercial trouble, loss of customers, loss of profit, income or operation, loss of branding or loss of data.
13 - Force majeure
WSD cannot be held liable if the non-execution or the delay in the execution of any of its obligations results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
14 - After-sales service
Claims
For any question relating to your order or in the event of a complaint, the Customer is invited to contact our after-sales service (SAV) by e-mail, by telephone or via our online form, at the addresses and/or numbers indicated below.
Any complaint must be sent using the online contact form or by registered mail with acknowledgment of receipt.
Email: info@wickedsportz.com
Telephone: +331 34 66 92 66
Postal address: WICKED SPORTZ DISTRIBUTION - 25 route de Menandon 95300 Pontoise - France, for the attention of the WSD after-sales service.
15 - Jurisdiction
ALL DISPUTES TO WHICH THESE GCS AND THE AGREEMENTS RESULTING FROM THEM MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR RESOLUTION, THEIR CONSEQUENCES AND THEIR FOLLOW-UPS WILL BE SUBMITTED TO THE PONTOISE COMMERCIAL COURT.
16 - Personal Data
As part of the performance of the contract, WSD is required to collect personal data relating to the Client or its employees or agents, and to keep them for a period not exceeding the purposes for which they were collected.
This information is processed and stored under conditions designed to ensure its security and confidentiality in accordance with the regulations in force.
For any information concerning the data collected or your rights, please consult our privacy policy. You can also contact WSD's Data Protection Officer at info@wickedsportz.com
17 - Applicable law - Language of the contract
These Terms of Sale and the resulting purchase and sale transactions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
18 - Customer Acceptance
These Terms of Sale as well as the prices and scales concerning discounts and rebates, are expressly approved and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general conditions of purchase.