Terms and conditions of sale
It is important to read, understand and accept each of the terms below, as all sales that take place on the Site are subject to the application of the contractual framework, and in particular these general terms and conditions of sale. If you (also termed “the user”) do not agree with these terms and conditions, please do not proceed to purchase.
This Introduction is an integral part of the general terms and conditions governing sales.
2. Purpose of sale
On its site (www.senseball.com or any other URL that may replace it), the Provider sells a training method, on the one hand involving a theoretical part in the form of distance learning (basically video), and on the other practical exercises based on special equipment created for this method consisting of a ball of a specific size attached to an adjustable cord held in the hand by means of a specially devised handle. The equipment in question is hereafter called the “Article”.
The “Provider” shall be understood as: Business denomination: Senseball Exploitation SA, Website : www.senseball.com, E-mail address : firstname.lastname@example.org, Telephone: +34 679 570 135, Commercial Registration: 552.583.759, Share capital: 61,500 euros, Address of head office: Rue de Tirlemont 62 à 1350 Noduwez, Belgium, VAT no.: BE552583759
3. The user
The User declares that s/he is legally capacitated and is at least 18 years of age on the day of placing the order.
The User undertakes to provide information, in compliance with these General Terms and Conditions of Sale, that is exact, accurate and up-to-date.
The User is the title holder of the bank card, PayPal account or bank account with which s/he will make payment for the Article(s) ordered, or s/he confirms that s/he has been duly authorized by the title holder.
4. How to place an order
4.1. Placing an order
All orders placed on the Site follow different stages: each stage is successively validated by clicking on the confirmation icon.
The order process follows a logical, transparent path displayed to the User via suitable page design and graphics.
When the User clicks on an icon whose wording or presentation involves a commitment understandable to any User, s/he shall be bound by clicking. This, for example, is the case of the icons entitled “Confirm”, “Payment” or any other bearing a similar name.
The order process allows errors to be corrected, as well as the identification of languages in which the contract may be entered into when several languages are available.
The order process allows easily understanding the accepted means of payment, the proposed shipment methods and the costs involved.
4.2. User order confirmation
The Provider reserves the right not to validate the order, especially under the following circumstances :
- If the Article is not in stock.
- In the event of refusal to validate payment by the issuer of the bank card used by the User, or in the event of fraud or reasonable suspicion of fraud.
- In the event of payment by bank transfer, if the payment has not been received within 5 working days following the date of the order.
- In the event of a large order placed by a single User or to a destination at a single delivery address.
- In the event of abuse of the User’s right of withdrawal to which s/he is entitled under the present terms and conditions, in the case of several previous orders.
In such circumstances, the order will not be validated and the contract will not be entered into. The sums, if any, paid by the User shall be fully reimbursed and the sales contract and all obligations arising therefrom for the Provider will be cancelled.
4.3. Confirmation e-mail
The Provider is bound by the order placed by the User once the system has sent acknowledgement of receipt confirming acceptance of the order. This confirmation e-mail sets out the details of the order.
The User undertakes to keep a copy of this confirmation e-mail, either by printing it or saving it in a durable medium.
5. Validity and proof of order
Notwithstanding the other written proof or all proof saved on another durable medium to which the User will have access, it is agreed that the computerized records, saved on the Provider’s computer systems or its host, may be upheld as proof of communications, the contents of the orders, their date and the payments transacted between the contracting Parties.
Durable media shall be understood as being any instrument enabling the consumer or the enterprise to store information addressed personally to him/her/it in a way allowing future access to it for a period of time appropriate for the purposes of such information and which allows the identical reproduction of the information stored.
6. Offer and Price
All of the Articles on the Site are described in good faith and as accurately as possible.
The offers and prices are stated in euros and are only valid on the date the order is placed. They may be changed at any time without notice.
Only the price stated on the Site shall prevail between the contracting Parties. The prices stated at the end of the order process are the total prices including (Belgian) taxes, as well as any shipment costs and other possible charges.
If there are any customs duties, import taxes or similar for payment according to the User’s country of residence or place of delivery, these amounts shall be payable by the user in addition to the price stated on the site at the time of placing the order. Customs clearances or similar procedures shall be performed exclusively by the User.
However, given the large amount of data appearing on the Site, some may be inaccurate, and if the price stated is clearly wrong, the User may not demand that the sale be concluded at such erroneous price.
The images appearing on the Site are not contractual and have the sole purpose of illustrating the Site. The Article may, therefore, differ from the images.
7.1 Shipment means and delivery terms
From the time of confirmation of the order, the Provider shall make every effort to ship the Articles to the delivery address provided during the order process.
Shipment details (rates and delivery terms) will be provided when placing the order (or available on the transporter’s site if the tracking tool has been enabled by the Provider for this order). The delivery terms specified are not binding. They correspond to the usual average terms for processing and shipment and shall not exceed thirty days.
However, in the event that for any reason the Provider cannot honour the maximum term of thirty days, the User can instruct the Provider, by registered letter with a request for acknowledgement of receipt or by writing on another durable medium, to perform the delivery within a reasonable additional period. In the case of non-compliance by the Provider with this request, the User may terminate the sales contract by registered letter with a request for acknowledgement of receipt or by writing on another durable medium. Under these circumstances, the Provider shall be held to reimburse the User, without excessive delay, for all amounts paid by way of the sales contract.
The User may not expect to receive any compensation and interest whatsoever on the basis of the cancellation of an order due to the failure to deliver within the term set out herein.
7.2. Risk of Article delivery
All risk of loss or damage to the Articles is transferred to the User upon his/her receipt of the Articles, that is when s/he or a duly appointed third party other than the carrier, physically takes possession of such Articles.
8. Right of withdrawal
Barring the provisions of the following article, the User has the right to withdraw his/her order. S/he shall dispose of fourteen (14) days to exercise his/her right of withdrawal as of receipt of the Article.
To exercise his/her right of withdrawal, the User must, within the time limit set out below, send to the Provider, at the address stipulated in the header, an unambiguous statement expressing his/her desire to withdraw.
The User undertakes to return the Article to the Provider at the address stipulated, without delay or at the latest in the fourteen (14) days following communication of his/her desire to withdraw.
The costs for returning the Article shall be borne by the User.
The Provider shall refund all of the sums that the User will have paid to place the order, after having recovered the Article and checked its condition.
The User shall, however, bear :
- any additional costs due to the User’s express choice of a more costly delivery mode than the standard one proposed by the Provider ;
- the costs of returning the Article.
Reimbursement shall be made via the same means of payment used by the User for the initial transaction.
The User may be held liable when there is depreciation to the Article other than that necessary to establish the nature, characteristics or the proper use of the Article. It is expressly agreed between the contracting Parties that the fact of having changed the Article or having inflated the ball, or the fact of having tested more than one ball in the case of a multiple purchase, shall always be regarded as a depreciation other than that necessary to establish the nature, characteristics or the proper use of the Article. In this case, the Provider is authorized to deduct fair compensation from the amount returnable.
9. Absence of right of withdrawal
Users in one of the following situations shall not have the right of withdrawal
- Purchase made by a legal person ;
- Purchase made by a sports association or any equivalent structure ;
- Purchase of six Articles (or more), in one or several orders within a period of less than one month starting with the first purchase of the series (consumers wishing to purchase six or more Articles keeping their right to withdrawal must contact the Provider by e-mail to place a special status order).
10. Provider’s responsibility
The User is informed that the responsibility of the Provider, regardless of the nature of the injury, will, in any event, be limited to the amount of the order, excluding delivery charges and VAT.
The Provider reserves the right to refuse an order, without its liability being engaged in this regard, due, by way of example but not limitation, to the communication of clearly erroneous data, non-payment or refused authorization by the User’s financial institution, orders of an abnormally high number of Articles, etc...
The User is hereby informed that the Articles are compliant with current Belgian legislation. The Provider shall not be held liable in the event of non-fulfilment of the regulations in the country where the products are delivered.
In case of breach, the Provider’s liability may only be sought if the breach of the sales contract or its poor performance can be attributed to either the User, or to an unforeseeable and insurmountable event, to a third party unrelated with the performance, or, lastly, to a case of force majeure.
Use of the Article in a way that does not comply with the accompanying notice or without taking into account the safety warnings may never give rise to holding the Provider liable.
11. Securing payment, archiving the contract and data protection
The Site purchasing funnel is served by a [SSL encryption] secure system.
The contracts entered into through the Provider’s Site are not archived by the Provider.
Legal conformity guarantees and latent defects apply to the sale conducted under these General Terms and Conditions of Sale.
13. Intellectual property rights
The contents of this Site are protected by intellectual property rights. In this regard, the User undertakes to become familiar with the General terms and conditions of use of the Site.
14. Final provisions
If any of the provisions of the General Terms and Conditions of Sale is invalidated for whichever reason, the contracting Parties agree that the others will remain fully applicable.
The Provider reserves the right to change these General Terms and Conditions of Sale at any time. In any event, barring any legal provision to the contrary, the contract of sale will be governed by the General Terms and Conditions of Sale in force at the time of the order.
The User may contact the Provider for all claims concerning the Site, by writing to the address set out in the header.
All contractual relationships pursuant to these General Terms and Conditions of Sale between the Provider and the User will be subject to Belgian law.
Any dispute which may result from the validity, interpretation, implementation or non-implementation, interruption or termination of these General Terms and Conditions of Sale will be exclusively governed by Belgian law and will be subject to the exclusive jurisdiction of the Courts of the judicial district of Liège (Belgium), for any type of procedure.