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Preamble


The purpose of the present general terms and conditions of sale is to define the conditions under which AJS sells its products to its customers via its website.

AJS is a simplified joint-stock company with a share capital of 2,000,000 euros, whose registered office is located at 6 rue de l'Eventard, Saint-Germain-sur-Moine, 49230 SEVREMOINE (France), registered in the ANGERS Trade and Companies Register under number 351 962 964.

Telephone: +33 (0) 241 633536

Email: contact@blackfox-shop.com

Website: www. blackfox-shop.com


1. Definitions


Terms and expressions used in these terms and conditions with a capital letter shall have the following meaning:

§ "AJS" means AJS, whose legal notice is given in the Preamble.

§"Customer" refers to any natural person of legal age purchasing one or more Products offered by AJS on the Website for purposes other than those related to their professional activity, and therefore having the status of a consumer within the meaning of the Consumer Code.

§"Customer Account" means the account created on the Website by any natural person of legal age who is a consumer with a view to purchasing one or more Products.

§"General Terms and Conditions of Sale" means these general terms and conditions of sale, applicable to the relationship between AJS and the Customer.

§"Special Conditions" refers to the special conditions concluded between AJS and the Customer and intended to supplement these General Terms and Conditions of Sale, specifying, in particular, the nature and quantity of the Products supplied to the Customer as well as the pricing and delivery conditions. The Particular Conditions are materialised by the summary page of the Customer's order, as confirmed by the Customer when they validate their payment.

§"Contract" means both the General Terms and Conditions of Sale and the Special Conditions. The conclusion of the Contract is materialised by the confirmation of the Special Conditions by the Customer, implying their full and unreserved adherence to the General Conditions of Sale.

§"Products" refers to the products offered for sale on the Website by AJS, as described in Article 3.1 hereof.

§"Website" means the website hosted at the following address: www.blackfox-shop.com

§"User" means any person registering on and/or browsing the Website.


2. Acceptance of the General Terms and Conditions of Sale


The General Terms and Conditions of Sale determine the contractual conditions applicable to the relationship between AJS and the Customer.

The Customer declares that they are a natural person of legal age and have the capacity to enter into the Contract.

The Customer is required to read the General Terms and Conditions of Sale carefully before purchasing a Product on the Website. The General Terms and Conditions of Sale contain important information on the rights and obligations of the Customer, as well as on the limitations and exclusions of AJS's liability.

By purchasing a Product on the Website, the Customer confirms their full and unreserved acceptance of the General Terms and Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any other document not drawn up or accepted by AJS which would be unenforceable against it. If the Customer does not accept the General Terms and Conditions of Sale, the Customer is requested not to use the Products offered by AJS.


3. Products


3.1. Product Definition

AJS markets, principally, boots, clogs, shoes and gloves, particularly for gardening and/or do-it-yourself, as well as other gardening and do-it-yourself products or small equipment, in particular under the trademark "BLACKFOX".

The Products are the subject of a general presentation on the Website. The Products supplied to the Customer by AJS are specified in the Special Conditions.


3.2. Use and maintenance of the Products


The Customer is invited to comply with the instructions for using and taking care of the Products communicated to the Customer by AJS and/or by the Product manfacturer.

AJS shall not be liable for any use or maintenance of the Product by the Customer that does not comply with the instructions communicated and that causes damage to the Product or an alteration of its characteristics.


3.3. Product Availability


The availability of a Product is mentioned on the Website, on the corresponding description sheet.

In the exceptional event that a Product proves to be unavailable after the date of the Customer's order, AJS shall inform the Customer as soon as possible and proceed with the reimbursement of any amount paid by the Customer for the Order.

In case of unavailability of a Product, the User can create an alert in order to be informed when the Product will be available.


3.4. Product Prices


The Products are offered at the prices displayed on the Website on the day the Customer validates the order.

The prices displayed on the Website are in euros, inclusive of all taxes, including VAT, but excluding delivery costs or any other possible additional costs, such as customs clearance costs if applicable, which are specified on the summary page of the Customer's order. Any change in the VAT rate will be reflected in the price of the Products.

AJS reserves the right to change the prices displayed on the Website at any time.


4. Creating a Customer Account


To place an order for Products, the User must first create a Customer Account by providing personal information.

Users who wish to create a Customer Account on the Website are informed, at the time of creating the Customer Account, that they must provide personal data which will be processed by AJS. The User must update the information provided to AJS as necessary.

The User is solely responsible for the confidentiality of the information provided, as well as the login and password provided when creating their Customer Account. The User undertakes to take all necessary measures to ensure the confidentiality of their login and password.


5. Registration on the telephone opt-out list


AJS may collect telephone data from the Customer.

In accordance with the French Consumer Code, the Customer is informed that they can register at any time on the telephone opt-out list (Bloctel).


6. Order


A Customer who wishes to order a Product on the Website must complete the following steps:

(i) Select each Product and its characteristics and desired quantity and add it to the shopping cart;

(ii) Validate the contents of the cart when all the desired Products have been selected;

(iii) Identify themselves through their Customer Account or, if necessary, create a Customer Account beforehand;

(iv) Choose the method of delivery; the charges for each method of delivery being displayed on the Website;

(v) Check the details of the order and correct it if necessary;

(vi) Choose the method of payment and confirm full and unreserved acceptance of the General Terms and Conditions of Sale in force on the day of the order;

(vii) Verify all information on the order summary page before validating payment, and thus confirm the order with payment obligation.

The Customer is invited to carefully check, before placing an order for Products, that the products correspond to their needs.



AJS shall not be held responsible for the Customer's failure to determine their needs or for the Customer's errors in the ordering process.

AJS shall not consider any request for subsequent modification of an order placed by a Customer.


7.       Financial conditions


7.1.    Amount to be paid


The amount to be paid by the Customer is the amount shown on the summary page of their order before they validate their payment.

It includes in particular (i) the price of the Products ordered, in euros including all taxes, or excluding VAT depending on the Customer's location, (ii) the delivery costs, (iii) the possible cost of optional insurance, and (iv) any other additional costs duly specified.

The Customer shall also be liable for any duties and taxes that AJS may have to pay for the delivery of the Products ordered.

The amount to be paid for a given order is payable in euros and is due in full at the time the Customer validates the order.


7.2.    Terms of payment


The payment of the price of the Products is made, at the Customer's choice, by credit/debit card (Carte Bleue, Visa, Mastercard) or by the online payment service Paypal.

To avoid any risk of fraudulent payment, AJS reserves the right to ask the Customer for any document proving their identity.


7.3.    Secure transactions


To protect sensitive data related to payment methods, the Website uses an SSL ("Secure Socket Layer") protocol. AJS uses the secure payment service "MONETICO" provided by the bank CREDIT MUTUEL.

AJS does not have access to sensitive data related to the means of payment provided by the Customer.


8. Order processing


Following payment by the Customer, the latter will receive as soon as possible an e-mail confirming the validation of their payment and the recording of their order and recalling the details of that order. The order is only considered final on the date of this e-mail.

The Customer will also be informed by e-mail of the dispatch of the Products ordered. The Customer can follow the progress of their order on their Customer Account.

In the absence of proof to the contrary, the data recorded in the AJS computer system constitutes proof of all transactions concluded with the Customer. For a payment made by credit card, the data recorded by the payment system constitutes proof of the financial transactions concluded with the Customer.


9.Refusal or cancellation of an order by AJS


As the Products offered for sale by AJS on the Website are exclusively intended for consumers, AJS reserves the right to refuse an order from a Customer that contains too many Products, this number being at the discretion of AJS.

Furthermore, AJS reserves the right to refuse or cancel a Customer's order for any legitimate reason, in particular in the event of incorrect entry of payment data, rejection of the method of payment used or non-receipt by AJS within the required timeframe of any additional information requested to validate the Customer's payment.

The Customer must bear all the possible costs that may arise in the resolution of the problem, in particular in the event of a refusal of payment by their banking establishment.


10. Delivery


10.1.  Delivery terms and costs


AJS delivers the Products in metropolitan France and in the countries specified on the Website.

The Products can only be dispatched once AJS has validated the payment of the total amount of the order.

The Customer will have to bear any cost of reshipment related to an error on their part in the delivery address given.

If the recipient is absent at the time of delivery, the carrier will leave a notice of attempted delivery at the delivery address provided by the Customer. The Customer must then agree on a new appointment with the carrier or collect the Products at the address and in the manner indicated by the carrier. If the Customer fails to collect the Products within the time limit communicated by the carrier, the Products will be returned to AJS, which will reimburse the Customer for the price of the Products, with the costs of the initial delivery being borne by the Customer. Any request from the Customer to return the Products shall be at the Customer's sole expense.

 

10.2.  Delivery costs


Any applicable delivery charges are indicated on the Website when the Customer chooses the delivery method.

The amount due by the Customer for this purpose is indicated on the order summary page before the Customer validates the payment.


10.3.  Delivery times


The delivery time of the Products depends on the country of destination for the order.

The delivery time indicated on the description of each Product is an average estimated time corresponding to a delivery in metropolitan France.

The delivery period for a Product purchased by the Customer is indicated on the summary page of the order and runs from the time the order is validated by AJS as referred to in Article 8.

The Customer may claim a refund of the sums paid for their order only under the following cumulative conditions:

(i) AJS has failed to meet the deadline communicated to the Customer; and

(ii) The Customer, by registered letter with acknowledgement of receipt or any other durable medium, has unsuccessfully requested AJS to deliver the ordered Product(s) within a reasonable additional period.

If necessary, the Customer may terminate the Contract with AJS by registered letter acknowledging receipt, or through any other durable medium. Unless AJS has performed the delivery before receiving the letter of termination, AJS will refund all sums paid by the Customer for the order in question, at the latest within fourteen (14) days of the date of receipt of the Customer's letter of termination.

In any event, AJS shall not be held responsible for failure to meet delivery deadlines due to force majeure.


10.4.  Transportation risks


The risk of loss and damage to the Products passes to the Customer at the time the Customer, or a third party designated by the Customer, takes physical possession of the Products. However, when the Customer decides to use a carrier other than the one or ones offered by AJS, the risk of loss or damage to the Products is transferred to the Customer upon delivery of the Products to the carrier.

In accordance with Article L. 133-3 of the French Commercial Code, AJS's recourse against the carrier in the event of damage or partial loss is extinguished upon receipt of the transported items if the consignee has not notified the carrier of their justified protest by extrajudicial document or by registered letter within three (3) days, not including public holidays. This period may be extended in certain circumstances.

Consequently, to enable AJS to preserve its rights with respect to the carrier, the Customer is invited to (i) inform AJS, upon receipt of the Products, in the event of damage or partial loss of the Products ordered, at the contact address contact@blackfox-shop.com and (ii) to report this to the carrier concerned within three (3) days by registered letter.

In particular, the Customer is invited, in the event of damage observed on the parcel or the Products, (i) to refuse the parcel by indicating the words "Refused: Damaged Product" on the delivery receipt, or (ii) if the Customer nonetheless accepts the parcel, to issue, on the delivery receipt, all the necessary reservations indicating the damage noted on the Products.


10.5.  Customs clearance

The Customer who purchases Products on the Website expressly acknowledges that they authorise AJS to carry out, on behalf of the Customer, all formalities and customs clearance operations that may be necessary for the delivery of the Products ordered by the Customer.

All costs, duties and/or taxes arising from these customs clearance operations are borne exclusively by the Customer, who must pay them at the time of delivery of the Products.


11.     Right of withdrawal


11.1.  How to exercise the right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer has a right of withdrawal, under which they may decide to renounce their commitment to purchase Products without having to justify their reasons or pay any penalty for the purpose of reimbursement. AJS also allows the Customer to request an exchange subject to the availability of the Product(s) concerned and within the limit of one (1) exchange per Product.

The Customer must exercise their right of withdrawal within fourteen (14) calendar days following the date of receipt of the Product by themselves or the third party designated by them.

In the case of an order comprising several Products delivered separately, the period runs from the day of receipt by the Customer or the designated third party of the last Product in the order concerned.

Before the expiry of this period, the Customer must inform AJS of their intention to exercise their right of withdrawal either by using the withdrawal form available in Appendix 1, which must be sent to AJS by e-mail or post, or directly from the customer's Customer Account.

AJS will acknowledge receipt of the Customer's request.


11.2.  Terms and conditions for the return of Products in the context of the exercise of the right of withdrawal


The Customer who has exercised their right of withdrawal as referred to in Article 11.1 must return the Product(s) concerned, to the address of AJS's head office, at the latest within fourteen (14) days following communication to AJS of their decision to withdraw.

The risks associated with the transport of the Products returned by the Customer shall be borne by the latter until the date of receipt by AJS of the proof of shipment.

The Product being returned must be returned in its entirety (packaging, instructions, etc.) and in perfect condition for resale.

The Product must be repackaged under the same conditions and with the same care as that taken by AJS when it was sent.

To facilitate the processing of the return, the Customer is invited to attach a copy of the corresponding invoice.

In accordance with the Consumer Code, the Customer may be held liable in the event of depreciation of the Product caused by handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.


11.3.  Exchange or refund


When exercising their right of withdrawal and under the conditions set out in Article 11.1, the Customer may, at their option, request (i) a refund of the sums paid or (ii) an exchange of the Product.

In the event of a request for reimbursement, AJS shall reimburse the Customer for the sums paid by the latter at the time of ordering, including, where applicable, the delivery costs, excluding any additional costs related to the choice of a more expensive delivery method than the standard delivery method proposed by AJS.

In the event that the right of withdrawal is exercised in respect of only part of the Customer's order, and insofar as the delivery costs are calculated on a flat-rate basis, these will not be reimbursed to the Customer.

The costs associated with returning an order, whether for a refund or an exchange, are borne by AJS in full, by means of a pre-paid return label sent by AJS to the Customer, upon request from the latter within their Customer Account.

However, following a request for an exchange, if the Customer exercises their right of withdrawal on the Product sent in exchange by AJS, the return costs are the Customer's sole responsibility.

In the event of a request for a refund, the refund shall be made as soon as possible and no later than fourteen (14) days from the earlier of the following events: (i) the date on which AJS collects the Products or (ii) the date on which AJS receives proof of shipment of the Products from the Customer.

AJS will make the refund using the same means of payment as the one used by the Customer for the initial transaction unless another means of payment is expressly agreed between the parties.


12.     Legal guarantees


The main provisions relating to legal guarantees are reproduced in Appendix 2.


12.1.  Legal guarantee of conformity


All Customers benefit from the legal guarantee of conformity under Articles 1604 and following of the Civil Code and Articles L 217-4 to L 217-13 of the Consumer Code.

When acting under the legal warranty of conformity, the Customer:

(i) Has a period of two (2) years from receipt of the Product;

(ii) May choose between repair or replacement of the Product, subject to the disproportionate cost of the solution chosen by the Customer;

(iii) Is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following receipt of the Product, or six (6) months for a second-hand product.

The legal guarantee of conformity applies, for the Customer, independently of the commercial guarantee possibly granted.

The Customer may decide to implement the guarantee against hidden defects of the Product sold as provided for in Article 1641 of the Civil Code and, in this case, choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Where repair and replacement are not possible, AJS shall proceed, at the Customer's option, either (i) with a refund of the price paid by the Customer in exchange for the return of the Product, or (ii) with a reduction of the price paid and retention of the Product by the Customer.

In any case, only a price reduction can be offered to the Customer if the lack of conformity is minor.

The exercise of this right by the Customer is free of charge for the latter, according to the procedures for returning Products described in Article 12.3.


12.2.  Hidden defects warranty


In accordance with articles 1641 to 1649 of the French Civil Code, all Customers benefit, for Products purchased from AJS, from a warranty action against hidden defects, which may be exercised within two (2) years following the day on which the Customer became aware of the defect.

Under this warranty, AJS shall proceed, at the Customer's option, either (i) with a refund of the price paid by the Customer in exchange for the return of the Product, or (ii) with a reduction of the price paid and retention of the Product by the Customer.


12.3.  Terms and conditions for the return of Products in the context of the exercise of a legal guarantee


The Customer wishing to return a Product under a legal warranty must first inform AJS by e-mail or by post at the address given in the Preamble.

AJS will acknowledge receipt of the Customer's request and will provide the Customer with the necessary instructions for the return of the Product, in particular concerning the packaging required to protect the Product.

Reimbursement for the Products judged non-conforming or defective will be made as soon as possible. AJS will cover the cost of the return upon presentation of receipts where applicable.


13.     Processing of personal data


In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (referred to as the "General Data Protection Regulation" or "GDPR") and Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, AJS is required, in the context of the performance of the Contract, to collect from the Customer personal data concerning them.

AJS processes these data as necessary (i) for the performance of the Contract and, where applicable, for the execution of pre-contractual measures taken at the request of the Customer, (ii) to comply with the legal and regulatory obligations incumbent on AJS and/or (iii) for the purposes of AJS' legitimate interests.

Any individual whose personal data are processed by AJS has the right to access, rectify, delete, portability, limit and object to the processing of such data.

More complete information is available in AJS's Personal Data Protection Policy, attached hereto and accessible on the Website.

Any request for further information or to exercise the aforementioned rights must be sent by e-mail to rgpd@blackfox-shop.com or by post to AJS - RGPD, 6 rue de l'Eventard, Saint-Germain-sur-Moine, 49230 SEVREMOINE, France.


14. Intellectual property


The intellectual property rights attached to the Products, including but not limited to trademarks, drawings, plans, models and patents, are the exclusive property of AJS or its partners. No licence for use is granted to the Customer under these Terms and Conditions.


15. General provisions


15.1.  Partial invalidity


The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions of Sale, with the exception of an impulsive and determining clause that led one of the parties to contract.


15.2.  Modification of the General Terms and Conditions of Sale


AJS reserves the right to modify the General Conditions of Sale at any time. Consequently, the General Terms and Conditions of Sale applicable are those in force at the date of the order by the Customer.


15.3.  Applicable law


The General Terms and Conditions of Sale, and more generally the Contract, are subject to French law, excluding the provisions of the Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980.

The foregoing applies without prejudice to the right of a Customer residing in a Member State of the European Union other than France to benefit from the protective provisions of their country of residence.

 

15.4.  Mediation - Jurisdiction


For any dispute relating to the conclusion or performance of the Contract, the Customer must, prior to any other action, contact AJS to seek an amicable solution. The Customer may send a written complaint (i) by e-mail to: contact@blackfox-shop.com or (ii) by post to the address given in the Preamble.

In the absence of an amicable solution, the Customer is informed that they may, in accordance with the Consumer Code, have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, the contact details of which are given below, or to any alternative method of dispute resolution in the event of a dispute.

Atlantic Mediation CONSO

5, mail du Front populaire, 44200 NANTES

consommation@atlantique-mediation.org

http://consommation.atlantique-mediation.org/ The Customer, in particular if resident in a Member State of the European Union other than France, may also contact the European Consumer Centre (ECC) in their country of residence. The list of European Consumer Centres is available at the following address

https://www.europe-consommateurs.eu/en/ecc-net.html

Finally, in accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EEC) No 2006/2004 and Directive No 2009/22/EC, the said Consumer Customer is also informed of the existence of an online dispute resolution platform ("ODR") between consumers and professionals accessible at the following address: http://ec.europa.eu/odr.

Without prejudice to the foregoing, any dispute that may arise in connection with the formation, performance or interpretation of this Agreement shall be submitted to the courts under the conditions of common law.

 

Appendix 1

 

Sample withdrawal form

referred to in Article 11.1

 

(This form must be completed and returned only if the Customer wishes to withdraw from the order placed)

 

For the attention of:

AJS

6 rue de l'Eventard,

Saint-Germain-sur-Moine,

49230 SEVREMOINE,

France

contact@blackfox-shop.com

I hereby notify you of my withdrawal from the contract for the sale of the following products:

 

- Ordered on (Date) / Received on (Date)

- Order number: ...........................................................

- Customer name: ...........................................................................

- Customer address: .......................................................................

 

Customer's signature (only if this form is completed on paper):

 

 

Date:

 

Appendix 2

 

Provisions relating to legal guarantees

(French Consumer Code)

(Article 12)

 

Article L. 217-4 of the Consumer Code

The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery.

The seller is also liable for any compliance defects resulting from the packaging, assembly instructions or installation where the seller is responsible for these under the contract or they have been performed under the seller's responsibility.

Article L. 217-5 of the Consumer Code

The property complies with the contract:

(1) if it is fit for the use ordinarily expected of such goods and, if so:

- if it corresponds to the description provided by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;

- it possesses the qualities that a purchaser may legitimately expect, having regard to the public declarations made by the seller, the producer or the seller's representative, notably in advertising or on the labelling;

2° Or if it presents the characteristics jointly defined by the parties or is fit for any special use sought by the buyer, brought to the attention of the seller and accepted by the seller.

Article L. 217-12 of the Consumer Code

Action resulting from compliance defect is limited to two years after the delivery of the good.

Article L. 217-16 of the Consumer Code

Where the buyer asks the seller, during the course of the commercial guarantee granted to the buyer at the time of the acquisition or repair of movable asset, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining term of the said guarantee.

This period shall run as of the date of the buyer’s request for intervention or of the handing over for repair of said goods, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound to a guarantee against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they had known of the defects.

Article 1648 paragraph 1 of the Civil Code

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.