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

This shipping policy applies between OPEN'COM, SARL, share capital: €10,000, registered with the Toulouse Trade and Companies Register under number B 523217495 in France on 15/06/2010, number 52321749500051, registered office: 1 Rue de Lille, 31500 Toulouse, France, telephone: 0531987600, email: contact@mesballesdegolf.com, intra-community VAT number: FR49523217495, article 293B of the French General Tax Code, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".

Article 3. Definitions

“ Client ”: any person, natural or legal, private or public law, 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.

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

“ Internet user ”: any person, natural or legal, private or public law, connecting to the Site.

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

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

Article 4. Scope of application

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of this shipping policy. Simply connecting to the Site, by any means whatsoever, including via a bot or browser, constitutes full and complete acceptance of this shipping policy. During registration on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user acknowledges having fully read and accepted them without restriction.

Checking the aforementioned box will be considered equivalent to a handwritten signature by the user. The user acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.

This shipping policy applies to the relationship between the parties to the exclusion of all other conditions, including those of the Internet user.

Acceptance of this shipping policy implies that Internet users have the necessary legal capacity to do so, or failing that, 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 or handling charges will, in all cases, be indicated to the Customer before any payment and apply only to deliveries made within mainland France, including Corsica. For any other delivery location, the Customer must contact customer service.

In the event of delivery of the Product to the Customer in store or in a location partnered with the Publisher, the related costs are specified to the Customer at the time of the order.

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

5.2. Delivery time

Orders are delivered by Colissimo within 2 to 3 working days from the date the Publisher receives full payment.

However, certain products or order volumes may require a delivery time exceeding 2 to 3 business days. This will be explicitly stated to the Customer during order confirmation.

5.3. Damaged package

If a package is delivered in a clearly and visibly damaged condition, the Customer must refuse delivery in order to benefit from the carrier's guarantee. The Customer must also inform the seller immediately so that a replacement package can be prepared and shipped as soon as the damaged package is received. In such cases, the delivery times specified above in these terms and conditions will no longer apply.

5.4. Retention of title - transfer of risk

Ownership of the delivered Products remains with the Publisher until delivery of the Products to the Client, notwithstanding any clause to the contrary, unless the parties have specifically and expressly agreed in writing to exclude this clause.

The Customer bears all risks related to the Products from the moment of the order. Throughout the retention of title period, the Customer must insure the Products belonging to the Publisher against all damages that may occur, at their own expense, and provide proof of such insurance to the Publisher upon first request.

Article 6. Final stipulations

6.1. Applicable Law

This shipping policy is subject to French law.

6.2. Changes to this shipping policy

This shipping policy may be modified at any time by the Publisher. The shipping policy applicable to the Customer is the one in effect on the date of their order or their login to this Site; any new login to their personal account implies acceptance, where applicable, of the new shipping policy.

6.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Client that may arise in connection with the execution of these general terms and conditions and for which a solution could not be found amicably beforehand between the parties must be submitted to Medicys: www.medicys.fr .

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

Any dispute relating to or arising out of this contract shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com .

6.4. Entirety

The invalidity of any clause of this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of this contract.

6.5. Non-waiver

The Publisher's failure to exercise any of the rights granted to it hereunder shall in no case be construed as a waiver of such rights.

6.6. Telephone solicitation

The Customer is informed that he/she has the option to register on the telephone marketing opt-out list at http://www.bloctel.gouv.fr/ .

6.7. Languages ​​of this shipping policy

This shipping policy is offered in French.

6.8. Unfair terms

The stipulations of this shipping policy apply subject to compliance with the mandatory provisions of the 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 (business days only). Therefore, orders received after this time will be processed the same day or the next business day.

Article 7.1. Shipping schedule and cut-off times, specific to the store

Orders received on Friday after 12:00 CET may be processed the following Monday if same-day processing is not possible. We process orders between Monday and Friday from 9:00 to 12:30 and from 14:00 to 18:00.

Article 7.2. Store-Specific Return Policies

Article 7.3.1. Address if different from the shop address

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