This website is published by:

The company PADEL TOUCH, a limited liability company with a capital of 1,000 euros, headquartered at 247 avenue Abbé Edmé Mariotte 33260 LA TESTE-DE-BUCH, registered with the Bordeaux Trade and Companies Register under number 843 010 281

SIREN: 843 010 281 00015

Website address: www.padelreference.com

Phone: 09 70 71 12 12

Email: contact@padelreference.com

VAT number: FR4843010281

The General Terms and Conditions are applicable exclusively to the online sale of products by the company PADEL TOUCH on the site padelreference.com, access to which is free and open to all internet users.

These General Terms and Conditions govern, without restriction or reservation, all relations between the company PADEL TOUCH (hereinafter, the 'Seller'), and individuals (hereinafter, the 'Customer') placing an order on the website accessible at www.padelreference.com.

The Seller's details are specified in Article 1 of the General Terms and Conditions.

These General Terms and Conditions apply to the exclusion of all other conditions, particularly those applicable to sales in stores or through other distribution and marketing channels.

These General Terms and Conditions are accessible at any time on padelreference.com and will prevail, if necessary, over any other version or contradictory document.

The Customer acknowledges having read these General Terms and Conditions and having accepted them by checking the box provided for this purpose before proceeding with the online order process, as well as the general terms of use of the site padelreference.com. If the Customer does not check the box provided for this purpose, they will not be able to place an order.

As these General Terms and Conditions may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website at the date of the order.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure, and portability of all their personal data by writing, by mail and justifying their identity, to PADEL TOUCH, 247 Avenue Abbé Edmé Mariotte, 33260 LA TESTE-DE-BUCH.

The validation of the order by the Customer constitutes unconditional acceptance of these General Terms and Conditions.

By placing an order on padelreference.com, the Customer certifies that they are a non-trading adult individual acting for personal needs; they acknowledge having full capacity to commit under these General Terms and Conditions when making transactions on padelreference.com.

The Customer has the option to print these General Terms and Conditions, subject to French law, or to save them in PDF format by clicking here.

The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions.

Furthermore, the temporary or permanent non-application of one or more clauses of the General Terms and Conditions by the company PADEL TOUCH cannot be considered as a waiver of its rights to the other clauses of the General Terms and Conditions, which continue to produce their effects.

The products presented on padelreference.com are offered for sale in the following territories: in France and Europe, only for countries that are members of the SCHENGEN area.

In case of an order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned.

For all products shipped outside the European Union and the French Overseas Departments and Territories, the price will be automatically calculated excluding taxes on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and under the sole liability of the Customer.

The main characteristics of the products and in particular the specifications, illustrations, and indications of dimensions or capacity of the products are presented on padelreference.com.

The Customer is required to be aware of them before placing any order.

The choice and purchase of a product is the sole responsibility of the Customer.

The photographs and graphics presented on padelreference.com are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each product to know its properties and essential particularities. The products offered on padelreference.com comply with French legislation and the standards applicable in France. The products offered on padelreference.com are intended solely for the use of individuals. The Customer remains the sole judge of the conditions of compatibility of the product offer with its use and the complementary products already in their possession.

Product offers are valid within the limit of available stocks, as specified at the time of the order.

The Seller reserves the right to refuse to honor all or part of an order deemed abnormal in terms of the quantities of products usually ordered by a consumer.

4.1. Placing an Order

To place an order, the Customer must create an account or log in by providing their email address and password if they are already registered.

The Customer can freely browse the site and fill their virtual cart by indicating the selected products and desired quantities.

When the Customer adds an item to their virtual cart, a pop-up window appears informing them that the product has been successfully added to the cart and summarizing the number of items in this virtual cart.

The Customer can choose to continue shopping by clicking the 'Continue Shopping' button or to place an order by clicking the 'Order' button.

The Customer then accesses a page allowing them to check the details of their order and the total price, delete the product, or modify the quantity of items.

Finally, by clicking the 'Order' button, the Customer accesses a page allowing them to choose a payment method, by bank transfer, by card, PayPal, Apple Pay, or payment in three or four installments without fees with Scalapay.

Then, by clicking the 'Order' button, the Customer accesses a page allowing them to choose a delivery option. The Customer also confirms that they have read the general terms and conditions of sale by checking the corresponding box.

Finally, by clicking the 'Order' button, the Customer accesses a page allowing them to choose a payment method, by bank transfer or by check.

The Customer finalizes their order by clicking the validation button.

The sale will only be considered final after the Customer receives confirmation of the acceptance of the order by the Seller via email and after the Seller has collected the full price. The Seller's confirmation email constitutes proof of the order.

It is therefore the responsibility of the Customer to verify the accuracy of the order and to immediately report any errors.

Any order placed on padelreference.com constitutes the formation of a distance contract between the Customer and the Seller.

The Customer can track the progress of their order on padelreference.com.

4.2. Information During the Order

The Customer is responsible for the completeness and accuracy of the information (delivery address, pickup point, bank details, delivery constraints, etc.) validated during the order.

4.3. Cancellation and Refusal of Order

The Seller does not intend to sell the products on padelreference.com to professionals, but only to consumers or non-professionals for their personal needs.

The Seller reserves the right to cancel or refuse any order from a Customer for legitimate reasons and, more particularly, if there is a dispute related to the payment of a previous order, or if the quantities of products ordered are abnormally high for buyers who are consumers.

4.4. Modification of the Order

Any request for modification of the order by the Customer after confirmation of their order is subject to the acceptance of the Seller.

4.5. Order Tracking

By consulting the site padelreference.com, the Customer can track the status of their order from its validation.

4.6. Availability of Ordered Products

Product offers are valid as long as they are visible on the site, within the limit of available stocks. Information regarding the availability of products on padelreference.com may exceptionally be erroneous or imprecise. If the ordered products are unavailable, the Seller immediately informs the Customer and may offer them a product of equivalent quality and price.

In case of disagreement, the Customer is refunded no later than fourteen (14) days from the payment of the sums paid.

The products are provided at the rates in effect listed on the website padelreference.com at the time of registration of the order by the Seller. The prices are expressed in Euros, excluding and including VAT. The rates take into account any discounts that may be granted by the Seller on the website padelreference.com.

These rates are firm and non-revisable during their period of validity, as indicated on the website padelreference.com, with the Seller reserving the right, outside this period of validity, to modify the prices at any time.

They do not include processing, shipping, transportation, and delivery fees, which are charged additionally, under the conditions indicated on the website padelreference.com and calculated prior to the placement of the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and given to the Customer upon receipt of payment.

In case of export outside the European Union, customs clearance fees and duties are entirely the responsibility of the Customer.

The prices visible on the website padelreference.com are only valid for online purchases and cannot under any circumstances be required for a purchase in store. Conversely, the prices practiced in store are not valid for online purchases.

In case of price promotion, the Seller commits to applying the promotional price to any order placed during the promotion period.

6.1. Payment Methods

The price charged to the customer is the price indicated on the order confirmation sent by padelreference.com by email.

The price of the products is payable in full on the day of the order through secure payment, according to the following methods:

• payment by credit card, with the option of payment in two installments without fees;
• or by PayPal
• or Apple Pay
• or Scalapay with the option of payment in three or four installments without fees
• or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when the order is placed).

The price is payable in full by the Customer on the day the order is placed.

In case of payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco.

The check is cashed upon receipt.

In case of payment in several installments by credit card, the debit of the order amount will be made within 30 days from the validation of the order.

Payments made by the Customer will only be considered final after the Seller has effectively cashed the amounts due.

The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

No additional fee, higher than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.

6.2. Payment Security

The website padelreference.com is equipped with a system for securing online payments, allowing the Customer to encrypt the transmission of banking data.

6.3. Payment Incident

The Seller reserves the right, in case of a payment incident, to claim payment, to suspend or cancel the delivery of ongoing orders placed by the Customer.

In case of a payment incident, any amount that proves to be unpaid will incur, without prior notice, interest at the legal rate, from the date of the order.

7.1. Conditions for the Provision of Products

All products ordered on the site padelreference.com can be picked up at relay points, in store, or delivered to the Customer's home according to the rates, methods, and delivery areas in effect on the site padelreference.com on the day of the order. In case of a special request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, based on a quote previously accepted in writing by the Customer.

The Customer is responsible for verifying the good accessibility of the delivery location with normal delivery means (bulky products, etc.). padelreference.com carries out the delivery according to the Customer's choice of delivery location (validated during the order).

Padelreference.com indicates to the Customer the date of availability at the pickup point or in store, or the date of home delivery at the time of the order. The date of availability of the order is confirmed by email as soon as it is shipped.

Padelreference.com informs by email of any changes in the availability of orders.

7.2. Shipping Time of Products

Any product available in stock in the Seller's warehouses is shipped within a maximum of 5 working days following the validation of the order by the Seller, unless otherwise indicated on the product presentation sheet.

Any product in stock in the Seller's suppliers' warehouses is shipped according to the deadlines set on the product presentation sheet.

7.3. Pickup in Store or at Relay Point

Orders are generally available for pickup in store or at relay points within 8 working days after the confirmation of the order.

Exceptionally, due to transport imperatives or constraints, the Seller may have to modify the initially planned date for the pickup of the order. The Seller then informs the Customer by email or telephone of any changes in the availability of the ordered products.

The days and opening hours of the relay points or the store are indicated in the order confirmation email.

The products are made available to the Customer for 14 calendar days at the relay point or in store.

During pickup at the relay point or in store, the Customer must present an official document with their photo and attesting to their identity to avoid any risk of fraud. From the moment of pickup, the products belong to the Customer and are therefore under their responsibility.

7.4. Home Delivery Time

The home delivery time is specified on the product sheet at the time of the order and in the order confirmation email. It depends on the type of product ordered and the delivery constraints.

The Seller undertakes to make every effort to deliver the products ordered by the Customer within the deadlines indicated in the order confirmation email. However, these deadlines are provided for informational purposes. However, if the ordered products have not been delivered within a period of thirty (30) days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

7.5. Home Delivery Methods

Orders are delivered to the delivery address indicated by the Customer at the time of the order, free of charge in Metropolitan France for purchases over €80, in Germany and Italy for purchases over €100, and at the Customer's expense in the rest of Europe.

Home delivery can only be carried out in the delivery areas of padelreference.com specified at the time of the order.

To offer the best service, the Customer must provide the Seller with the most complete information possible (address, order number, delivery constraints, etc.).

In case of absence, a notice of passage is left indicating the procedures for retrieving the order, and any re-delivery fees may be charged to the Customer.

7.6. Receipt of the Order

Upon delivery or pickup, the Customer is obligated to check the condition of the package.

Any claim regarding a delivery error must be made by the Customer to the Seller on the same day as the delivery or at the latest on the first working day following the delivery.

The Customer is required to check the condition of the delivered products. They have a period of three (3) days from the delivery to submit in writing (by postal mail, email, fax) any reservations or claims for non-conformity or apparent defect of the delivered Products (for example, damaged package already opened, etc.), along with all supporting evidence (photos, etc.).

After this period and in the absence of having followed these procedures, the Products will be deemed compliant and free of any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at their own expense the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).

In case of non-conformity upon delivery, the Customer must imperatively make reservations on the delivery note or refuse the merchandise. In case of reservations, the Customer must send the Seller a copy of the delivery note within the three days following this receipt and notify these reservations to the carrier by registered letter with acknowledgment of receipt in accordance with Article L. 133-3 of the Commercial Code.

7.7. Conformity of Products

If the product does not conform to the order, the Customer must send a complaint to the Seller in order to obtain the replacement of the product or possibly the cancellation of the sale.

In case of a delivery error by the Seller, the return and reshipment costs will be at their expense regardless of the chosen delivery method.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration related to them will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the risk of the Seller.

Unless otherwise specified or unavailability of one or more products, the ordered products will be delivered in a single shipment.

In accordance with the legal provisions in force, the withdrawal period only applies to a consumer customer.

The Consumer has a period of fourteen (14) days from the receipt of the Product (in case of delivery) or the withdrawal of the product (in store or at a relay point) to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days following the notification to the Seller of the Consumer's decision to withdraw.

The right of withdrawal can be exercised online, using the withdrawal form available on the website padelreference.com, in which case a receipt on a durable medium will be immediately communicated to the Consumer by the Seller, or by any other unambiguous statement expressing the desire to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their resale as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be taken back. As the return of the products is the responsibility of the Consumer, they must carry out the return with tracking and registered mail with a declaration of the value of the product.

In accordance with Article L. 221-23 of the Consumer Code, 'The responsibility of the consumer can only be engaged in case of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of these goods'.

In case of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remain the responsibility of the Consumer. The exchange (subject to availability) or refund will be made within a period of fourteen (14) days from the receipt by the Seller of the Products returned by the Consumer under the conditions provided for in this article. However, the Seller reserves the right to defer the refund until the receipt of the goods in their entirety.

The refund is made using the same payment method as that used by the Consumer.

If, during their order, the Consumer benefited from a promotional advantage, they will be refunded at the price they actually paid.

The Consumer is informed that the refund of the costs related to the initial delivery will be made on a pro rata basis of the weight of the returned items. Thus, if the Consumer returns all the goods composing their order, they will be refunded for the totality of the initial delivery costs.

10.1. Legal Guarantees

The Products sold on the website padelreference.com comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products provided by the Seller benefit, by full right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,

• from the legal guarantee of conformity, for Products that are apparently defective, damaged, or not corresponding to the order,
• from the legal guarantee against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and making them unsuitable for use, under the conditions and according to the methods described in the box below.

It is recalled that under the legal guarantee of conformity as provided by Articles L. 217-4 and following of the Consumer Code, the Customer:

• benefits from a period of two years from the delivery of the goods to take action against the Seller;
• can choose between the repair or replacement of the ordered Product, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the Product's non-conformity for six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of the commercial guarantee that may eventually cover the Product.

The Customer can decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

To assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of eight (8) calendar days from the delivery of the Products or the existence of hidden defects within the aforementioned deadlines and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Seller will refund, replace, or repair the Products or parts under warranty deemed non-conform or defective.

Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-conform or defective will be made as soon as possible and no later than fourteen (14) days following the Seller's verification of the non-conformity or hidden defect.

The refund will be made by credit to the Customer's bank account or by bank check sent to the Customer.

The Seller's liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
• in case of misuse, professional use, negligence, or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident, or force majeure.

The Seller's guarantee is, in any case, limited to the replacement or refund of non-conforming Products or those affected by a defect.

The collection of personal data, their use for the processing of orders and the creation of customer files, and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.

The processing of personal data, which are kept by the Seller solely for the purpose of proper order administration and commercial relations, is subject to a declaration to the National Commission for Information Technology and Civil Liberties.

The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning the information about them.

This right can be exercised under the conditions and according to the methods defined on the website padelreference.com.

The content of the website padelreference.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

Furthermore, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) for the provision of Services to the Customer. The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of the Seller, who may make it subject to financial compensation.

The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with laws and regulations.

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

The Party experiencing the event must immediately inform the other party of its inability to perform its service and justify it to them. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or late penalties.

The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of thirty (30) days. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume as quickly as possible the normal execution of their contractual obligations. To this end, the impeded Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of thirty (30) days from its occurrence, the parties can notify each other by registered letter with acknowledgment of receipt of the cancellation of the order without the right to compensation on either side.

These General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

All disputes to which the purchase and sale operations concluded under these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and subsequent events, and which could not be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.

The Customer is informed that they can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative mode of dispute resolution (conciliation, for example) in case of dispute.

In this regard, it is specified to the Customer that the Seller adheres to the mediation service of the 'FEVAD'.

At the European level, Customers are invited to visit the following online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

The customer, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility to mandate an association or an organization mentioned in IV of article 43 ter of the law on information technology and freedom of 1978, in order to obtain reparation from the data controller or processor before a civil or administrative court or before the National Commission for Information Technology and Civil Liberties.

The fact that an individual (or legal entity) places an order on the website padelreference.com implies adherence to and full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

Withdrawal Form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on padelreference.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of:

PADEL TOUCH

247 Avenue Abbé Edmé Mariotte

33260 LA TESTE-DE-BUCH

I hereby notify the withdrawal from the contract for the order of the following services:

Order of 'Date'

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

Customer's name: ...........................................................................

Customer's address: .......................................................................

Customer's signature (only in case of notification of this form on paper):