PREAMBLE
These General Terms and Conditions of Sale define the rights and obligations of the parties (on one hand, the "Seller" and on the other, the individual or entity making the purchase of products from the company, hereinafter referred to as the "Buyer" or "Customer") in the context of online sales of the Products offered by the Seller.
The Seller is a designer and manufacturer of game modules for tree climbing, a manufacturer of nets, and a supplier and installer of sports, leisure, and construction safety equipment.
The list and description of the goods offered for sale by the Seller through its online store https://spsfilets.com can be consulted on the aforementioned website.
By accepting these terms and conditions (hereinafter "T&Cs"), you explicitly acknowledge having read and accepted the specific conditions which are an integral part of these terms and can be accessed via the following link: https://preprod.spsfilets.com/gb/content/13-conditions-generales-de-ventes
Article 1: Presentation of the Seller
The seller, hereinafter referred to as the "Seller" or the "Company," is:
SPSFILETS
A Simplified Joint Stock Company with a share capital of €25,000,
Registered office: 15 rue Ampère, 14120 Mondeville,
Registered in the Caen Trade and Companies Register,
Under SIRET number 52856982500011,
Represented by Mr. Romain LEFORESTIER, CEO, duly authorized for the purposes hereof.
The company can be contacted via email at contact@spsfilets.com or through the contact page of its website: https://preprod.spsfilets.com/gb/nous-contacter
Article 2: General Provisions
2.1. These General Terms and Conditions of Sale (T&Cs) govern the sale of Products through the Company’s website and form an integral part of the Agreement between the Buyer and the Seller.
2.2. The Seller reserves the right to modify these T&Cs at any time by publishing a new version on its website. The applicable T&Cs are those in effect at the date of payment (or the first payment in the case of multiple payments) of the order. These T&Cs can be consulted on the Company’s website at the following address: https://preprod.spsfilets.com/gb/content/13-conditions-generales-de-ventes
2.3. The Company ensures that acceptance of these T&Cs is clear and unreserved by providing a checkbox and a validation click. The Customer declares that they have read and accepted these General Terms and Conditions of Sale and, where applicable, the Special Terms of Sale relating to a product or service, and accepts them without restriction or reservation.
2.4. The Customer acknowledges having received the necessary advice and information to ensure the suitability of the offer for their needs.
2.5. The Customer declares to be legally capable of entering into a contract under French law or is duly representing the individual or legal entity for which they are committing.
2.6. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Description of Products
3.1. The Seller, SPSFILETS, custom-manufactures the following products on demand:
- Customizable game modules for tree climbing: wooden equipment, net equipment, rope equipment, metal equipment, armored rope equipment, etc.
- All made-to-measure nets.
3.2. The Seller, SPSFILETS, also offers standardized products for sale.
3.3. The essential characteristics of the products and their respective prices are available to the Buyer on the Company’s website. Where applicable, the product's usage instructions are also provided. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, via labeling, tagging, display, or any other appropriate method, of the prices and the specific conditions of sale before the conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in effect at the time of the order, excluding shipping costs, which are charged additionally. These potential fees are indicated to the Buyer during the sales process and, in any case, at the time of the order confirmation.
3.4. The Seller reserves the right to change its prices at any time but guarantees the application of the price indicated at the time of the order.
3.5. The Seller agrees to fulfill the Customer's order within the limits of available stock. If unavailable, the Seller will inform the Customer. If the order has already been placed and no agreement is reached with the Customer on a new delivery date, the Seller will refund the Customer.
3.6. Standard products are available in stock and eligible for delivery within 5 working days. Made-to-order products are delivered within a maximum of 30 working days after the order has been confirmed.
3.7. The Customer acknowledges having received a detailed breakdown of delivery costs as well as information on payment, delivery, and execution terms, as well as detailed information on the Seller's identity, postal, phone, and electronic contact details, and its activities in the context of this sale.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale are not contractual. The validity period of the product offers and their prices are specified on the Company’s website. Unless stated otherwise, the rights granted under these terms are solely for the individual who signs the order (or the person who owns the email address provided).
Article 4: Price
4.1. The price of custom-made nets is calculated per square meter. The dimensions are provided by the customer directly on the product page. For nets reinforced with a rope, the price of the rope is automatically added to the price of the net per square meter.
4.2. France and the European Union and/or DOM-TOM: The prices of products sold through the website are indicated in Euros, including all taxes (VAT + any other applicable taxes), excluding specific shipping fees, on the product description pages.
4.3. For buyers who cannot make payments in Euros, the Seller allows the prices to be displayed in Dollars on its website, and transactions can be made in this currency.
4.4. For all products shipped outside the European Union and/or DOM-TOM, the price is displayed excluding tax, and the invoice will automatically apply the tax-excluded price.
4.5. Customs duties or other local taxes, import duties, or state taxes may be required in some cases. These duties and charges are not the responsibility of the Seller. They will be at the buyer’s expense and are the buyer’s responsibility (declarations, payments to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for future sales.
Telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. Where applicable, delivery charges are also the Customer’s responsibility.
Article 5: Conclusion of the Online Contract
5.1. In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically and place their order:
- Information on the essential characteristics of the Product;
- Selection of the Product, if applicable, along with any options;
- Indication of the essential contact details of the Customer (name, email, address...);
- Acceptance of these General Terms and Conditions of Sale;
- Verification of the order details (double-click procedure), and where necessary, correction of errors.
Before confirming their order, the Buyer has the opportunity to review the details of the order, its price, correct any errors, or cancel the order. Confirmation of the order will result in the formation of the contract.
Next, the Buyer will follow instructions for payment, make the payment for the products, and then receive the order.
The Customer will receive an email confirming the payment of the order, as well as an acknowledgment of receipt confirming the order.
5.2. The Buyer acknowledges their legal capacity to contract and agrees to comply with these terms and conditions of sale. The Buyer is financially responsible for orders made in their name. They also guarantee the accuracy of the information provided for contracting the sale.
5.3. The languages offered for concluding the contract are, according to the Buyer’s choice, either French or English.
5.4. Communications, the order, order details, and invoices are archived on a reliable and durable medium to constitute a faithful and lasting copy, in accordance with Article 1360 of the Civil Code. These records can be produced as evidence of the contract.
For delivered products, the delivery will be made to the address provided by the Customer. To ensure proper fulfillment of the order, the Customer agrees to provide accurate identification details. The Seller reserves the right to refuse the order, for example, in the case of any abnormal request, bad faith, or legitimate reason.
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products offered for sale through these T&Cs meet the current regulations regarding safety and health, fair trade practices, and consumer protection. Independently of any commercial warranty, the Seller remains responsible for the defects of conformity and hidden defects of the product.
According to Article L.217-4, the Seller delivers a product that complies with the contract and is responsible for defects of conformity present at the time of delivery. They are also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these are covered by the contract or performed under their responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (Article 1641 of the Civil Code), the Seller will either refund or exchange defective products or those that do not match the order.
The procedure for requesting an exchange or refund is detailed in Article 12.
Article 7: Retention of Title Clause
The products sold by SPSFILETS remain the property of the Seller until full payment of the price, including principal, fees, interests, and accessories by the Customer.
However, the risks are transferred as soon as the products are delivered. In any case, products in stock with the Customer will be presumed to be unpaid. In the event of resale of the products by the Customer, whether as-is or after transformation, the Customer agrees to transfer to SPSFILETS the price paid by the sub-buyers up to the price of the products still due.
In the event of non-payment, SPSFILETS may, without losing any other rights, demand by registered letter with acknowledgment of receipt the return of the products at the Customer's expense and risk. The Customer will also bear any legal and judicial fees if applicable.
The Customer must oppose, by any lawful means, any claims made by third parties on the sold products, including seizures, and immediately inform SPSFILETS so that the Seller can protect its interests. In any case, the Customer must ensure, until the transfer of ownership, that the identification markings on the packaging or products are properly maintained.
Article 8: Delivery Terms
8.1. Products are delivered to the delivery address indicated during the order and within the specified timeframes. These timeframes do not include the preparation time for the order.
8.2. Delivery times are provided as a guideline. The delivery time starts when SPSFILETS confirms the order.
8.3. In the event of delivery delay, the Customer has the option to cancel the contract under the conditions defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and the "outward" shipping fees under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a contact number: +33 (0)2 31 78 82 76.
8.4. The Seller reminds the Customer that once they physically take possession of the products, the risks of loss or damage to the products are transferred to them. The Customer must notify the carrier of any reservations regarding the delivered product.
The delivery rates are provided in Appendix 2 of these T&Cs.
8.5. Any delivery outside of metropolitan France requires the Sales Team’s involvement to estimate the shipping costs. These will be communicated to the customer after confirming the request. It is recommended to request a quote to make a single payment.
8.6. Compliance with the International Phytosanitary Measure Standard No. 15 applies to all our export packaging.
Article 9: Availability and Presentation
If an item is unavailable for more than 5 business days, you will be immediately notified of the expected delivery delays, and the order for this item can be canceled upon simple request. The Customer may then request a credit note for the amount of the item or a full refund and cancel the order.
Article 10: Payment
The Customer can make the payment by credit card or bank transfer.
10.1. Cards issued by banks located outside of France must be international credit cards (Mastercard or Visa).
10.2. Online secure payment by credit card is processed by our payment service provider.
Once the Customer initiates the payment, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the payment commitment made by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and are legally entitled to use it. In case of an error or inability to debit the card, the sale is immediately terminated by law and the order is canceled.
10.3. A payment receipt will be automatically sent to the Buyer once the credit card payment transaction is validated.
10.4. The website has an online payment security system using SSL encryption (Secure Sockets Layer), which allows the customer to encrypt the transmission of banking data.
10.5. Payment by bank transfer occurs after order confirmation. A bank account details (RIB) is sent to the Customer by email to allow them to input the bank account details for crediting the total amount of the order, including shipping fees. The order will only be processed once the payment has been made.
10.6. We recommend that Customers outside of metropolitan France and Corsica choose the bank transfer payment option. As specified in the sales process, these delivery areas require a calculation of shipping fees, which will be provided to the Customer after confirming their order. Choosing payment by bank transfer allows for a single overall transaction.
10.7. For any bank transfer, an RIB will be sent to the Customer by email to the address provided in their account. This will be in Euros or Dollars, depending on the currency selected by the Customer.
10.8. For all new B2B clients and all B2C clients, payment is due immediately upon ordering.
10.9. For B2B clients where a prior agreement for deferred payment has been made, they must choose to pay for their online order by bank transfer. The payment term is set to a maximum of 30 days after receipt of the invoice. If payment is not made by the 31st day, two reminders will be sent. If the buyer does not settle their debt, penalties will be applied as per legal provisions without any further reminder being necessary.
Article 11: Warranties
11.1. Article L. 217-5 of the Consumer Code.
To be in conformity with the contract, the goods must be fit for the usual use expected of such goods and, if applicable:
- Match the description provided by the seller and have the qualities presented to the buyer through a sample or model;
- Present the qualities that a buyer may legitimately expect based on public statements made by the seller, especially in advertising or labeling.
11.2. The products are sold for the use, destination, technical characteristics, and purpose specified in the order or quote confirmation.
SPSFILETS disclaims any responsibility for damages to people or goods resulting from the non-compliant, unsuitable, and/or improper use of these products and/or services.
SPSFILETS cannot be held responsible for damages caused by attempts at repairs by third parties or the customer themselves, deterioration due to improper use, or defective maintenance.
SPSFILETS will not be responsible for:
- Normal wear and tear of its products;
- Deterioration or accidents due to negligence, lack of supervision, or maintenance;
- Damages resulting from modifications, additions, or repairs to the products;
- Damages to products subjected to abnormal or non-compliant conditions contrary to the order and usage precautions;
- Malicious acts.
11.3. In case of defects acknowledged by SPSFILETS following the sales procedure or in case of hidden defects, the Seller’s obligation will be limited to the replacement of the defective products.
Article L. 217-12 of the Consumer Code: The action resulting from a conformity defect is prescribed after two years from the delivery of the good. When acting under the legal guarantee of conformity, the consumer:
- Benefits from a two-year period from delivery to take action.
- Can choose between repair or replacement of the product, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code (formerly C. consom. art L. 211-9);
- Is not required to provide proof of the defect within the first twenty-four months following delivery.
Thus, when SPSFILETS is held liable for its fault, the customer’s remedy is limited to direct, personal, and certain damages that the customer has suffered, excluding indirect and intangible damages such as financial loss, damage to reputation, etc. The amount of damages SPSFILETS may be required to pay to professional clients will in all cases be limited to the price of the sale or service in question, as specified in the order confirmation.
11.4. No contractual warranty is provided by SPSFILETS, except for specific stipulations in the order or quote confirmation, and except for any warranties provided by its suppliers for the parts used. These are granted by the suppliers for each type of product or part and are limited to the replacement or repair of defective products or parts. In no case does the warranty include the possibility of claiming damages or compensation for any reason.
11.5. Implementation of the Hidden Defect Warranty
Article 1641 of the Civil Code: The seller is liable for hidden defects in the sold goods that make them unfit for their intended use, or which reduce their use to such an extent that the buyer would not have purchased them, or would have paid a lesser price, had they known about the defects.
Article 1648 of the Civil Code: The action resulting from hidden defects must be brought by the buyer within two years of discovering the defect. The consumer may decide to implement the warranty for hidden defects of the sold item under Article 1641 of the Civil Code. In this case, they can choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Article 12: Returns and Refunds
12.1. The Buyer may request a return and/or refund when:
- The product delivered does not conform to the characteristics of the order;
- Delivery exceeds the agreed delivery date or, in the absence of a date, 30 days after payment;
- There is an unjustified price increase or product modification.
In such cases, the buyer can demand a refund of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
12.2. The Buyer can submit their request from their personal account.
To do so, they simply need to go to their order history, select the order related to their return request, and indicate the product(s) for return.
Shipping costs will be borne by the customer.
12.3. Returns are only authorized if previously approved by SPS FILETS.
12.4. Any custom-made or personalized product cannot be exchanged, returned, or refunded.
12.5. A refund will be accepted provided the product is returned to SPS FILETS in its original condition. In the case of an exchange for a damaged product, a 5% reduction will be applied to the credit note or refund for reconditioning fees.
Article 13: Right of Withdrawal
13.1. The Buyer, identified as a natural person, purchases for their own account: In accordance with the provisions of Article L. 221-5 of the Consumer Code, the Buyer has the right to withdraw without providing a reason, within fourteen (14) days from the date of receipt of their order.
The right of withdrawal can be exercised by contacting SPS Filets via the contact form on the "Contact Us" page. We inform Customers that, in accordance with Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal applies only to standard products and cannot be exercised for custom-made products such as nets, and customizable items such as play modules.
13.2. In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) will be refunded, with return shipping costs remaining the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions); if possible, they should be accompanied by a copy of the proof of purchase.
13.3. In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us duly completed and signed.
Article 14: Claims and Mediation
Where applicable, the Buyer may submit any requests for information or claims by contacting the company SPS Filets at the following address: 15 rue Amère, 14120 Mondeville – or by email at contact@spsfilets.com – or by phone at +33 2 31 78 82 76.
In accordance with Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided in Title I of Book VI of the Consumer Code.
If a claim to the Seller’s customer service is unsuccessful, or if there is no response within two months, the consumer may submit the dispute to a mediator who will attempt to independently bring the parties together in order to reach an amicable solution.
Article 15: Intellectual Property Rights
The trademarks, domain names, products, software, images, videos, texts, or more generally, any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any full or partial reproduction, modification, or use of these items for any reason is strictly prohibited.
15.1. Unless otherwise specified or documents are provided by the client, the projects, plans, models, and documents of any nature created, provided, or sent by SPSFILETS remain its property. They must be returned upon request. SPSFILETS retains the intellectual property of its creations (know-how, patentable inventions, copyrights, trademarks, etc.) which cannot be used, presented, communicated, performed, adapted, or translated without its prior written consent. In any case, the client may only use these documents in accordance with the purpose for which they were transmitted.
15.2. The client expressly acknowledges SPSFILETS' right to publicize its role as the client’s supplier for advertising purposes; the services rendered may appear in any document promoting the activities of SPSFILETS to third parties. SPSFILETS will also be free to include the client’s business name or any other distinctive sign in these advertising materials or disclose it to any third party after the order has been completed.
15.3. For the purposes of processing data related to its commercial activity, SPSFILETS may collect, process, and transfer personal data of its customers. As such, customers are informed that they have the right to access, modify, rectify, and delete the data concerning them, in accordance with the French Law No. 78-17 of January 6, 1978, relating to information technology and freedoms.
Article 16: Protection of Personal Data
16.1. When the customer interacts on the site www.SPSFilets.com (creating an account, placing an order, requesting a quote, sending a message, subscribing to the newsletter, etc.), personal data is collected.
16.2. In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller implements a personal data processing system with the goal of selling and delivering products as defined in this contract.
16.3. When a customer completes the sales process on the site www.spsfilets.com, the processing of personal data, for which SAS SPS Filets is responsible, is necessary to ensure the follow-up of the order.
16.4. Certain fields requested from the customer when creating their account, or during the sales process, are mandatory to ensure the follow-up of an order, the processing of a quote request, or other information. Without this data, SPSFilets will not be able to properly respond to the Customer’s request.
16.5. Access to these personal data is limited to:
- The internal services of SPSFilets responsible for the online store, customer management, and marketing.
- The service providers responsible for delivering customer orders.
- If necessary, the provider SendinBlue, which helps in the design and management of the newsletter.
16.6. Under the conditions defined by the data protection regulation, the data subject has the right to request access to personal data, rectification, or erasure of such data, or a limitation of the processing related to the data subject, or the right to object to the processing and the right to data portability.
16.7. From the date of the order, personal data is retained for five years.
16.8. In case of a complaint, the customer can contact the National Commission for Data Protection and Liberties (CNIL).
Article 17: Force Majeure
17.1. A force majeure event is defined as any unforeseeable, irresistible, or external event – these three conditions are alternatives – including, but not limited to, fires, natural disasters, floods, bad weather, total or partial strikes, company closures, travel restrictions, intentional damage, theft, regulatory changes, inability to source raw materials, energy supply disruptions, malfunctions, or interruptions of electrical or telecommunications networks.
17.2. The Seller’s obligations under this contract are suspended in the event of a fortuitous or force majeure event that prevents their performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Article 18: Nullity and Modification of the Contract
If any of the provisions of this contract are canceled, this nullity will not affect the validity of the other provisions, which will remain in effect between the parties. Any contractual modification is only valid after written agreement and signature by both parties.
Article 19: Applicable Law and Clauses
All the clauses in these General Terms and Conditions of Sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of any contractual clause does not invalidate these General Terms and Conditions of Sale.
Annexes:
Our General Terms and Conditions of Sale were created from a free and downloadable template available at - https://www.donneespersonnelles.fr/