General Terms and Conditions of Sale (GTC)
FR SKATES
1. General Provisions
These general terms and conditions of sale prevail over any purchase conditions unless formally and expressly accepted in writing by the Seller, FR SKATES.
These General Terms and Conditions of Sale (GTC) define the rights and obligations of FR SKATES and its customers in the sale of its products or services. They apply to all transactions concluded between the company and its customers.
2. Products and Services
FR SKATES primarily offers products and accessories related to skating. The essential characteristics of the products are presented in the company's sales materials.
3. Prices and Payment
3.1 The products are provided at the prices in effect at the time the order is placed, expressed in euros and subject to the VAT applicable on the order date; any change in the VAT rate may be reflected in the price of the products or services. The applicable price is the one in effect on the delivery date. Unless otherwise agreed, prices are net, excluding transport costs and taxes, based on the rates communicated to the Buyer. Payment must be made according to the terms agreed upon when ordering (bank transfer, credit card, direct debit, etc.). Unless otherwise specified, payment must be made before the goods are shipped.
If a payment delay is agreed upon, the seller reserves the right either to require the buyer to guarantee the payment by providing a check for the order amount, which the Seller commits to cash within 30 days of receiving said check, or to provide a duly completed direct debit mandate.
The seller also reserves the right to set a maximum outstanding balance for the customer.
3.2 Late or Non-Payment
In case of late payment, the Seller may suspend all pending orders without prejudice to any other legal action. Any amount not paid by the due date stated on the invoice will automatically incur penalties from the following day, equal to one and a half times the legal interest rate. These penalties will be due upon simple request by the Seller.
In the event of non-payment, forty-eight hours after a formal notice remains unfulfilled, the Seller will be entitled to cancel the sale. In all such cases, amounts due for other deliveries or any other reason will become immediately payable if the Seller does not opt to terminate the corresponding orders. The Buyer must reimburse all costs incurred for the collection of unpaid amounts, including legal fees.
Payments may not be suspended or offset in any way without the prior written consent of the Seller. Any partial payment will first be applied to the non-secured portion of the debt, then to the oldest amounts due.
If a payment delay is agreed upon, any late payment penalties will apply in accordance with current legislation.
4. Orders
Placing an order implies acceptance of these GTC. A confirmation order or a pro forma invoice will be sent to the customer upon validation. FR SKATES reserves the right to refuse an order in case of a dispute with the client.
Any modification or cancellation of an order requested by the Buyer will only be considered if received in writing before the products are shipped. The seller reserves the right to refuse any modification of a confirmed order.
5. Delivery
Delivery times are provided as an indication and may vary based on product availability and the logistics of the carrier. FR SKATES cannot be held responsible for delays beyond its control.
5.1 Terms:
Delivery is made in accordance with the order, either by direct handover of the product to the Buyer, by notice of availability, or by delivery to a carrier at the Seller’s premises. The Buyer agrees to take delivery within ten days of the availability notice. After this period, storage fees will be applied.
5.2 Deadlines:
Deliveries are made based on availability and in the order of receipt of orders. The Seller is authorized to make deliveries in full or in part. Delivery times are given as accurately as possible but depend on the Seller's supply and transportation conditions. Delivery delays do not justify withholding payment or canceling orders.
However, if six months after the estimated delivery date the product has not been delivered for any reason other than force majeure, the sale may be canceled at the request of either party. The Buyer may be reimbursed for the deposit paid, excluding any other compensation or damages.
Events considered as force majeure, relieving the Seller of its delivery obligation, include war, riots, fire, strikes, accidents, and supplier shortages. The Seller will inform the Buyer in due time about such events.
5.3 Shipping Costs:
Unless otherwise agreed, shipping costs are borne by the Buyer.
5.4 Risks:
The ordered products travel at the Buyer’s risk, even in the case of a freight prepaid sale. In case of damage or shortage, it is the Buyer’s responsibility to make all necessary claims and confirm reservations through an official report or registered letter with acknowledgment of receipt to the carrier within three days of receiving the goods.
6. Reception
Without prejudice to claims against the carrier, complaints about visible defects or non-conformity of the delivered product must be made in writing within eight days of product arrival. The Buyer must provide proof of the detected defects or anomalies. The Seller must be given the opportunity to inspect and remedy any defects. The Buyer must not attempt any repair or have a third party intervene.
For pre-packaged products, the weight and measures upon departure are deemed final.
7. Returns
7.1 Terms:
Any product return requires a formal agreement between the Seller and the Buyer. Any product returned without this agreement will be held at the Buyer’s disposal and will not result in a credit note. Return costs and risks are always borne by the Buyer. No returns will be accepted beyond 30 days after delivery. Returned goods must include a return slip and be in their original condition.
7.2 Consequences:
Any accepted return will result in a credit note issued to the Buyer after qualitative and quantitative verification of the returned products.
8. Right of Withdrawal
In accordance with applicable law, individual customers have 14 days from the receipt of the product to exercise their right of withdrawal, except for legal exceptions.
9. Warranty and Liability
Products are covered by the legal warranty of conformity and warranty against hidden defects. FR SKATES is not liable for indirect damages resulting from product use. The Seller reserves the right to decide whether to replace, repair, or refund a defective product.
The contractual warranty does not cover normal wear and tear of parts and components. Any application of the warranty requires the Buyer to cover shipping costs. The return of a product is subject to the Seller’s prior formal approval.
10. Personal Data
The information collected in the commercial relationship is processed in accordance with data protection regulations. Customers have the right to access, correct, and delete their data.
11. Consumer Mediation
In case of an unresolved dispute with FR SKATES, the consumer customer may seek free mediation.
Designated mediator:
ANM Consommation
+33 1 58 64 00 05
2 rue de Colmar, 94300 Vincennes
www.anm-conso.com
12. Intellectual Property
All elements of the website and documents provided by FR SKATES, including texts, images, and logos, are protected by intellectual property rights and cannot be reused without written authorization.
13. Retention of Ownership Clause
Products remain the property of FR SKATES until full payment is received. However, risks are transferred upon delivery.
14. Applicable Law and Jurisdiction
These GTC are governed by French law. In case of a dispute, the competent jurisdiction will be that of FR SKATES's registered office.
15. Amendments to the GTC
FR SKATES reserves the right to modify these GTC at any time. The applicable conditions will be those in effect on the order date.
Issued in L’Hay Les Roses, on 01/01/2025.
FR SKATES
3 Rue de Bicetre, 94240 L’Hay les Roses
contact@frskates.com
+33 9 51 51 03 75