Delivery & Returns

 

applicable from 12/03/2021.

 

 

 

Article 1. Purpose

The purpose of this shipping policy is to define the terms and conditions applicable to the shipment of a Product to the Customer by the Publisher.

 

Article 2. Parties

The present shipping policy is applicable between OPEN'COM, SARL, share capital: €10000, registered with the RCS of Toulouse B 523217495 in France on 15/06/2010, under the number 52321749500051, registered office: 1 Rue de Lille, 31500 Toulouse, France, telephone: 0531987600, email: contact@mesballesdegolf.com, intracommunity VAT number: FR49523217495, article 293B of the CGI, hereinafter "the Publisher" and any person, natural or legal, private or public, registered on the Site to purchase a Product, hereinafter "the Customer".

 

Article 3. Definitions

" Customer ": any individual or legal entity, private or public, registered on the Site.

" Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software. 

" Publisher ": OPEN'COM, SARL in its capacity as publisher of the Site.

" Internet user ": any individual or legal entity, private or public, connecting to the Site.

" Product ": goods of any kind sold on the Site by the Publisher to Customers.

" Site ": the website accessible at the URL https://mesballesdegolf.com/, as well as sub-sites, mirror sites, portals and URL variations thereof.

 

Article 4. Scope of application

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of the present shipping policy. Simply connecting to the Site by any means whatsoever, in particular via a robot or browser, implies full acceptance of this shipping policy. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

By the same token, the Internet user acknowledges that he/she has fully understood and accepts them without restriction. 

Ticking the above-mentioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of the Publisher's automatic recording systems and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.

The present shipping policy applies to the relationship between the parties to the exclusion of all other conditions, in particular those of the Internet user.

Acceptance of this shipping policy implies that Internet users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

 

Article 5. Delivery

5.1. Delivery charges

Delivery charges will, in any event, be indicated to the Customer before any payment is made and concern only deliveries made in metropolitan France, including Corsica. For all other delivery locations, it is the Customer's responsibility to contact customer service.

In the event of delivery of the Product to the Customer in a boutique or in one of the Publisher's partner locations, the related costs are specified to the Customer at the time of the order.

The delivery charges indicated on the Site are in euros, all taxes included.

5.2. Delivery time

Orders are delivered by Colissimo within 2 to 3 working days from receipt of payment by the Publisher.

Certain products or order volumes may nevertheless justify a delivery time of more than 2 to 3 working days. This will be expressly mentioned to the customer when the order is validated.

5.3. Damaged parcel

In the event of delivery of an obviously and visibly damaged parcel, it is the Customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the Vendor without delay, so that a new parcel can be prepared and dispatched as soon as the damaged parcel is received. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.

5.4. Retention of title - transfer of risk

Ownership of delivered Products is reserved to the Publisher until delivery of the Products to the Customer, notwithstanding any clause to the contrary, unless the parties have punctually and expressly agreed in writing to set aside the present clause.

The Customer shall bear the risks relating to the Products from the time the order is placed. For the duration of the reservation of title, the Customer must insure the Products belonging to the Publisher against any damage that may occur, at its own expense, and must provide proof thereof to the Publisher on first request.

 

Article 6. Final provisions

6.1. Applicable law

This shipping policy is subject to French law.

6.2. Changes to this shipping policy

The present shipping policy may be modified at any time by the Publisher. The shipping policy applicable to the Customer is that in force on the day of his/her order or connection to the present Site; any new connection to the personal space implies acceptance of the new shipping policy, if applicable. 

6.3. Disputes

Pursuant to Ordinance no. 2015-1033 of August 20, 2015, any disputes with a consumer Customer that may arise in connection with the performance of these general terms and conditions and for which no prior amicable solution has been found between the parties shall be submitted to Medicys: www.medicys.fr.

In addition, the consumer customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https: //ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute arising out of or in connection with this contract shall be settled by arbitration in accordance with the rules of the Institut digital d'arbitrage et de médiation: www.fast-arbitre.com.

6.4. Entire

The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.

6.5. Non-waiver

The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.

6.6. Canvassing

The customer is informed that he/she may register on the telephone anti-solicitation list at http://www.bloctel.gouv.fr/. 

6.7. Languages of this shipping policy

This shipping policy is available in French.

6.8. Unfair terms

The provisions of this shipping policy apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

 

Article 7. Shipping & Returns

Standard deliveries: All orders received before 12.00 CET are processed the same day (working day only). Consequently, orders received after this time will be processed on the same day or on the next working day.

Article 7.1. Shop-specific shipment schedules and cut-off times

Orders received on Fridays after 12.00 CET can be processed on the following Monday if this is not possible on the same day. We process orders between Monday and Friday from 09:00 to 12:30 and from 14:00 to 18:00.

Article 7.2. Shop-specific returns policies

Article 7.3.1. Address if different from store address

OPEN'COM, 14 Allée Forain François Verdier 31000 Toulouse, France.