General Conditions of Purchase and Use

General Conditions of Purchase and Use

1. introduction

This document (and any document mentioned below) presents the general conditions of use of this website (www.nologoracing.com) as well as the general conditions of purchase of products through the latter (hereinafter conditions”).

Please read these Terms, our cookie policy and our privacy policy (hereinafter the “Data Protection Policies”) carefully before using this website.

By using this website or placing an order on it, you must be bound by these Terms and our Data Protection Policies. If you do not agree to all of the terms and data protection policies, please do not use this website.

The present conditions may be subject to modifications. It is your responsibility to consult them regularly, as the applicable conditions will be those in force at the time of use of this website or of the conclusion of the contract (as described below).

For any questions regarding the Conditions or the Data Protection Policies, please contact us by completing the form provided for this purpose. In addition, if you wish, you can register for free on the list of opposition to canvassing by telephone on the site www.bloctel.gouv.fr. The Purchase Agreement between us (hereinafter referred to as the “Agreement”) may be entered into, at your option, in any of the languages in the Terms and Conditions are available on this website.

2. Our details

The sale of products through this website is carried out under the name of “NO LOGO” by LM GROUPE, with a capital of 1000 €, whose registered office is at 505 Allée René Higonnet, 26760 Beaumont-lès-Valence, France, registered in the Romans Trade and Companies Register under number 843 268 004, and under the following intra-community VAT number: FR 83843268004, reachable at the following email address: contact@nologosport.com

3. Your details and your visits to the website

The information or personal data that you provide to us will be processed under the Data Protection Policies. By using this website, you agree to the processing of this information and contact details and you declare that all the information or contact details provided are true and correct.

4. Use of our website

By using this website and placing orders on it, you agree to:

  • (I) Use this website only to carry out consultations or place legally valid orders.
  • (II) Do not place false or fraudulent orders. If we have reason to believe that such an order has been placed, we will be authorized to cancel it and notify the relevant authorities.
  • (III) Provide us with your email address, your postal address and / or other true and exact contact details. Likewise, you authorize us to use this data so that we can contact you in connection with your order, if applicable (see our privacy policy). You will not be able to place an order if you do not provide us with all the required data. By placing an order on this website, you affirm that you are over 18 years of age and that you have the legal capacity to enter into contracts

5. Availability of services

Products ordered outside mainland France are subject to the corresponding transport offer as well as their prices.

6. Validation of the contract

To order, you must follow the online purchase procedure and click on “Authorize payment”. You will then receive an email confirming that your order has been taken into account (hereinafter the “Order Confirmation”). You will also be informed by email of the shipment of your order (hereinafter the “Shipment Confirmation”). An electronic invoice stating the details of your order will be attached to the Dispatch Confirmation.

7. Availability of products

All product orders are subject to product availability. In this sense, in the event of supply difficulties or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering replacement products of the same or better quality or value. If you do not wish to order these replacement products, we will reimburse you for any amount paid.

8. Refusal to process an order

We reserve the right to remove any product from this website at any time and to replace or modify any content or information on this website. While we always do our best to respond to all orders as effectively as possible, exceptional circumstances may arise such as a manufacturing or stock issue or payment incident, and we may refuse to process an order after have sent you the Order Confirmation. We reserve this right at any time. In this case, if payment has already been made, we will reimburse you for all amounts paid, including delivery costs as soon as possible, using the same method of payment that you used during the transaction. In any case, this reimbursement will not involve any costs at your expense.

9. Delivery

Subject to the provisions of the aforementioned clause 7 relating to product availability, and except in exceptional circumstances, we will endeavor to deliver the product (s) appearing on the Dispatch Confirmation to you before the deadline indicated on the same. Confirmation of shipment or, if no date is indicated, within the indicative period given when choosing the delivery method, and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the place of delivery.

If we are unable to meet the delivery date for any reason, we will notify you and offer you either to continue the purchase process with a new delivery date, or to cancel your order and refund you the full amount you paid.

10. Impossibility of delivery

If it is not possible to deliver your order, we will do our best to find a safe place to drop off your package. If we cannot find a safe location, your order will be returned to our warehouse. We will also leave you a notice telling you where your order is and how to proceed with a new delivery. If you are not at the delivery location at the agreed time, please contact us to arrange delivery at a later date. If the order has still not been delivered, for reasons which are not attributable to us, after a period of 30 days following the date on which your order was available for delivery, we will consider that you wish to put a term of the Contract and it will be terminated. As a result of the termination of the Contract, we will reimburse you for all amounts paid, including delivery costs (with the exception of the additional costs associated with choosing a delivery method other than the ordinary and least expensive delivery method. that we offer), as soon as possible and, in any case, within 14 days from the time the Contract is considered to be terminated. Please take into account that we will be authorized to invoice you for any additional transport costs inherent in the termination of the Contract.

11. Pre-order of products

Pre-ordered products posted on the web page as “Pre-Order” may be subject to longer delivery times than other orders. These delivery times will be mentioned on the website, but the products will in any case be delivered within a maximum period of 30 days from the date of the Order Confirmation.

Orders containing both standard and Pre-Ordered products (“Mixed Orders”) may be delivered separately and at different times. As soon as Pre-Ordered products have been prepared, we will notify you of their shipment by sending a Dispatch Confirmation. You have the right to withdraw from the contract within 14 days from the date on which you or a third party other than the carrier you have designated takes physical possession of the products without giving any reason.

In the event of mixed orders, the withdrawal period expires after 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the last product ordered. The above provisions are without prejudice to the contractual right of withdrawal of 30 days from the date of Confirmation of shipment from which you benefit for each of the products that can be delivered separately in the event of mixed orders. If you make a purchase of a Pre-Ordered product, all provisions of these Terms will also apply to you.

12. Transfer of risks and ownership of the products

You will assume the risks relating to the products from the delivery as defined in clause 9 above. Ownership of the products will only pass to you upon receipt of full payment of sums due, including delivery charges, or upon delivery (as defined in clause 9 above) if it occurs on a date after payment.

13. Price and payment

The price of the products will be that indicated at all times on our website, except in cases of obvious error. Errors may occur despite our best efforts to ensure that the prices quoted on the website are correct. If we detect an error in the price of the product (s) you have ordered, we will inform you as soon as possible and offer you either to confirm your order at the correct price or to cancel this order. . If we are unable to contact you, the order will be considered canceled and we will refund you the full amount paid. We are under no obligation to sell a product at an incorrect lower price (even after sending you an Order Confirmation), if the error is manifest and unambiguous and you are reasonably able to identify it as such. . The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount payable.

Prices can be changed at any time. However, no change will affect orders for which a Dispatch Confirmation has already been sent, with the exception of the cases described above. After choosing all the products you want to buy, they will be added to your shopping cart. We will then process your order and you will be prompted to make payment. To this end, you must follow the various stages of the purchasing process by indicating or verifying the information required for each of them. During the purchase process, you always have the possibility to modify the data relating to your order before proceeding to payment. The buying process is explained in detail in our buying guide. In addition, if you are registered as a user in our system, all the data relating to the orders you have placed with us are available in the “My account” section. You can make the payment using the following payment methods: Credit Card, Visa, Mastercard, American Express and Apple Pay as well as through PayPal and Stripe.

Your card data will be encrypted to reduce any risk of unauthorized access. Once your order has been placed, we will request a credit card pre-authorization to make sure you have sufficient funds to complete the transaction. By clicking on “Authorize payment”, you confirm that the credit card belongs to you. Credit cards are subject to validity checks and authorization from the card issuing body. If we do not receive the required payment authorization, we will not be liable for the delay or failure to deliver the products and we will not be able to enter into a Contract with you. An invoice in electronic format will be made available to you on our website in the “My account” section, which you accept.

14. Value added tax

Purchases made via this website are subject to value added tax (VAT) at the rate legally in force on the day of the sale.

15. Exchange / return policy

15.1 Legal right of withdrawal

Right to retract

As a consumer, you have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the products or, in the case of several products forming part of the same order but delivered separately, after 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the last product ordered.

To exercise your right of withdrawal, please inform NoLogo of your decision by an unequivocal written statement (in particular by means of an email or a post or the dedicated form). You can contact us or by post at the following address: Nologo Racing, 505 Allée René Higonnet, 26760 Beaumont-lès-Valence, France.

In order to comply with the withdrawal period, all you have to do is inform us of your decision to exercise your right of withdrawal before the expiry of this withdrawal period.

Effects of withdrawal

If you decide to withdraw from the Contract, we will reimburse you for all amounts paid, including the costs of delivery to the place of original delivery (with the exception of the additional costs associated with choosing a delivery method other than the delivery method). standard delivery, the least expensive that we offer), as soon as possible and, in any case, within 14 days from the day on which we are informed of your decision to withdraw from this Contract. The refund method will be the same as the payment method you used during the initial transaction. In any case, this reimbursement will not involve any costs at your expense. Regardless of the foregoing, we may defer the refund until we have received the returned products or you have provided us with proof of the return thereof, whichever is earlier.

Please return the products in question without undue delay, and in any event within 14 days of communicating your decision to withdraw from this Agreement as described below. The deadline is met if you return the products to us before the expiration of the 14-day deadline. The direct costs incurred following the return of the products will be at your expense.

Your responsibility is only engaged with regard to the depreciation of the value of the products resulting from handling other than those necessary to ensure the nature, characteristics and functioning of the latter.

15.2 Right of contractual withdrawal

In addition to the legal right of withdrawal granted to consumers, mentioned in clause 15.1 above, you have the option of returning any product to us (with the exception of the products mentioned in clause 15.3 below, for which the right of withdrawal is excluded) within 30 days from the date of confirmation of shipment of the order. In the event of return of products made under the contractual right of withdrawal after expiry of the statutory withdrawal period, the refund will only relate to the amount paid for these products. Shipping costs will not be refunded to you.

However, if you inform us of your decision to withdraw from the Contract after the expiration of the statutory withdrawal period, within a period of 30 days from the date of Confirmation of Shipment of the order, you must in all cases return the products to us so that we receive them within 30 days from the date of Confirmation of Shipment of the order.

15.3 Common provisions

You will not have the right to withdraw from the Contract if it relates to the delivery of one of the following products:

  • (I) Customized products
  • (II) Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Your right to withdraw from the Contract will apply only to products which are returned under the same conditions as those in which you received them. No refund will be granted if the product has been used after having been opened, if it is not in the same conditions as at the time of delivery or if it has been damaged. You are therefore requested to take good care of the product (s) in your possession. Please return products using or including their original packaging, instructions, and any other documentation, if any, that came with these products.

After examining the returned product, we will tell you whether or not you are entitled to a refund of the sums paid. Delivery costs will be refunded if the right of withdrawal is exercised during the legal period and if all the products in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you inform us of your decision to terminate the Contract. Regardless of the foregoing, we may defer the refund until we have received the returned products or you have provided us with proof of the return thereof, whichever is earlier. The refund method will always be the same as the payment method for your purchases. The risks and costs associated with returning the products will be at your expense, as indicated above.

Please note that, following the delivery of your order, in case of exercise of your legal or contractual right of withdrawal and if you are the one who organizes the transport of the returned products, and this without using the return service offered by us, we will not be able to assume the risk linked to the return of the products if it results from causes not attributable to NoLogo.
You are also reminded that you are responsible for the content of returned packages. In the event of an error in the contents of the returned package, not attributable to NoLogo, if it is possible to organize the return of the package to you, we can charge you the corresponding costs.
In any case, nothing in this clause will prejudice your rights recognized by law.

15.4 Returns of defective products

If you believe that the product does not comply with the Contract at the time of delivery, you must contact us immediately by email or at the address contact@nologosport.com or by post at your expense to the following address 505 Allée René Higonnet, 26760 Beaumont-lès-Valence, France, we will then tell you what to do.

We will examine the returned product in detail and notify you by email, within a reasonable time, whether the product is exchangeable or whether it is entitled to a refund (if applicable). We will proceed with the refund or exchange of the product as soon as possible and, in any case, within 14 days from the date on which we have confirmed to you by email that you are entitled to the refund or to the exchange of the product in question.

If a defect or damage is found, the returned products will be subject to a full refund, including the delivery costs you have paid and the costs incurred for the return. The refund method will always be the same as the payment method for your purchases.

All the rights which you benefit under the regulations in force are preserved in all cases.

15.5 Change of size or color

According to the provisions of article 15.1, if you consider that the size or color of the article you have purchased does not suit you, regardless of your legal and contractual rights of withdrawal, you can request the change of this article by e-mail to the following address: contact@nologosport.com and indicate the size or color for which you wish the change of the item (s) purchased, provided that it is the same item (s), as the or the prices are the same and that certain means of payment have been used (for more information, please consult article 14 of these general conditions of purchase).

15.6 Right of withdrawal and return of orders from another country

If you have ordered products from a member country of the European Union other than France through this website, clauses 15.1, 15.2, 15.3 and 15.5 above apply. Also, we inform you that in no case (with the exception of clause 17.4 for which this clause 15.6 does not apply) will we not bear delivery costs for destinations other than those corresponding to the address initial delivery. We will also not bear return costs from destinations other than mainland France.

16. Liability and disclaimer

16.1 Our liability under these Conditions,

cannot be engaged in the event that the non-performance of our obligations is attributable to the act of a third party, to your fault or to an event of force majeure as defined by article 1218 of the Civil Code and by case law.

Notwithstanding the foregoing, our liability will not be subject to any exclusion or limitation in the following cases:

  • (I) death or personal injury caused by our negligence;
  • (II) a fraud or fraud; or
  • (III) in all cases where it would be illegal or against the law to exclude, limit, or attempt to exclude or limit our liability.

Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through it. website, unless expressly stated otherwise.

All documents, descriptions and information relating to the products appearing on this website are provided “as is”, without being covered by any guarantee, express or implied, with the exception of the guarantees provided for by law. In this sense, if you are a party to the Contract as a consumer, we are required to deliver products to you in accordance with the contractual provisions and we are liable to you in the event of a lack of conformity noted at the time of delivery.
The products are considered to be in conformity with the contractual provisions if the following conditions are met:

  • (I) they must conform to the description that we have presented and have the characteristics that we have exposed on this website;
  • (II) they must be suitable for the purposes for which products of this kind are generally designed;
  • (III) they must meet the quality and performance criteria which are generally accepted for products of the same type and which can be reasonably expected. To the extent provided by law, all guarantees are excluded, with the exception of guarantees benefiting consumers, which cannot legitimately be excluded.

LM Groupe guarantees consumers against lack of conformity and hidden defects for the products for sale on this website, in accordance with the legal guarantee of conformity provided for in Articles L.217-4 et seq. Of the Consumer Code, and to the guarantee against hidden defects, within the meaning of articles 1641 and following of the Civil Code, allowing you to return the products delivered defective or non-compliant.

It is recalled that the consumer who decides to act as a legal guarantee of conformity:

  • Benefit from a period of two years from the delivery of the property to act
  • Can choose between repair and replacement of the good, subject to the conditions related to the cost, provided for in article L 217-9 of the Consumer Code
  • Is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer can decide to bring into play the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, the consumer can choose between the cancellation of the sale and a reduction of the sale price, in accordance with article 1644 of the Civil Code.

Reminder of the provisions of the Consumer Code:

Article L 217-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L 217-5 of the Consumer Code: To comply with the contract, the goods must:

1) Be suitable for the use usually expected of a similar good and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
  • present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity lapses two years after delivery of the goods.

Reminder of the provisions of the Civil Code:

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given only a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. The products we sell, especially items of a handcrafted nature, often have characteristics unique to the natural materials used in their manufacture. These characteristics may be subject to variation in fibers, texture, knots or color. These variations can in no case be considered as defects or damage. You must, on the contrary, be aware of the existence of these variations and be able to appreciate them. We only choose the highest quality products, but the natural characteristics are inherent in our products and should be accepted as part of their intrinsic appearance. The provisions provided for in this clause will in no way affect your rights as a consumer, or your right to terminate the Contract.

16.2 Mediation

As a consumer, if you believe that your rights have been violated, you can send your complaint to the following email address: contact@nologosport.com in order to seek an amicable settlement. Also, if your purchase was made on our website, we hereby inform you that, in accordance with European regulation n ° 524/2013, you have the right to request the resolution of your dispute on the platform dedicated to online resolution of consumer disputes accessible via the following email address: http://ec.europa.eu/consumers/odr/.

In this regard, for all written complaints previously addressed to our customer service for less than a year and not satisfied, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, we offer you the possibility of using the mediation service. MEDICYS by electronic means: www.medicys.fr or by post: MEDICYS, 73, Boulevard de Clichy, 75009 Paris.

17. Intellectual property

You acknowledge and agree that all copyright, trademark and other intellectual property rights relating to all information or content on this website will, at all times, be our property or that of those who have obtained it from us. granted the license. You may only use this information to the extent that you are expressly authorized to do so, by us or by those who have granted the license. This does not prevent you from using this website to copy information necessary for your order or your identification information.

18. Viruses, piracy and other computer crimes

You must not misuse the website by intentionally introducing viruses, Trojans, worms, logic bombs and other malicious or technologically harmful devices. You must not attempt to gain unauthorized access to this website, the server on which this website is hosted, or any server, computer or database connected to our site. You agree not to attack this website through a denial of service or a distributed denial of service.

Any violation of this clause constitutes an offense under the applicable regulations. We will notify the appropriate authorities of any such breach and cooperate with them to uncover the identity of the hacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website.

We are not responsible for any loss or harm resulting from a denial of service attack, virus or any other malicious or technologically harmful device or material caused to your computer, equipment, or data. or your information as a result of using this website or after downloading files from this website or files from other sites to which this site has directed you.

19. Links on our website

If our website contains links to other third party sites and data, these links will be provided for information only, without our having any control over the content or data of these sites. Accordingly, we decline all responsibility for any loss or harm resulting from the use of these links.

20. Written communications

Under applicable regulations, we are required to send you certain information or communications in writing. By using this website, you agree that your communication with us will be primarily electronic. We will contact you by email or notify you through alerts posted on our website. For contractual purposes, you consent to the use of this electronic means of communication and you agree that all contracts, announcements, information and other messages that we send to you electronically comply with legal provisions requiring that such communications be made in writing. This provision does not affect your rights.

21. Notifications

Please preferably use our email to send us your notifications. Unless otherwise specified, in accordance with the provisions of clause 20 above, we may send you notifications to the email or postal address you provide to us when placing your order. It is understood that notifications will be properly made and received the instant they are posted on our website, 24 hours after an email has been sent, or three days from the date of postage of any postage. letter. To prove that a notification has been delivered, it will suffice to demonstrate, in the case of a letter, that the address was correctly written and that it has been franked and mailed; in the case of an electronic mail, it will be sufficient to demonstrate that the latter was indeed sent to the electronic address indicated by the recipient.

22. Transfer of rights and obligations

The Contract is binding on the parties, as well as on their respective successors, assignees and assigns. You may not transmit, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising from it without having obtained our prior written consent. We may transmit, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it, at any time during the validity period of the Contract. For the avoidance of doubt, these transmissions, assignments, charges and other transfers shall not prejudice the rights which, if any, are recognized by law to you as a consumer, and shall not constitute any limit, restriction or exclusion of guarantees. explicit or implicit that we could have granted you.

23. Force majeure

We will not be held responsible for any non-performance or any delay in the performance of our contractual obligations caused by events beyond our reasonable control (hereinafter “Force majeure”) as defined in article 1218 of the Civil Code and by case law. It is understood, on the one hand, that our contractual obligations will be suspended for as long as the case of Force Majeure lasts and, on the other hand, that our execution deadlines in order to meet these obligations will be extended for a period equivalent to that of the case of Force Majeure. As far as possible, we will do our best to put an end to the Force Majeure event or to find a solution allowing us to perform our contractual obligations despite the Force Majeure event.

24. Rights of waiver

If we cease to demand that you strictly fulfill your obligations under the Agreement or any of these Terms, or if we do not exercise the rights or remedies to which we are entitled under this Agreement or the any of these Terms, this will in no way constitute a waiver or limitation of these rights or remedies and will not exempt you from complying with your obligations. No waiver by us of any specific right or remedy shall constitute a waiver of other rights or remedies under the Agreement or the Terms. No waiver by us of any of these rights, remedies or conditions under the Contract will be effective until it is expressly qualified as such and communicated to you in accordance with the provisions provided for in the notification clause above.

25. Partial nullity

If any of these Conditions or any of the provisions of the Contract is deemed null and void by virtue of an irrevocable decision from a competent authority, the other general conditions will remain applicable without being affected. by this decision.

26. Entire Contract

These Conditions and any document indicated in these same Conditions constitute the entire Contract concluded between the parties with regard to the subject of the latter, and replace any agreement, promise or pact concluded beforehand orally or in writing between the parties. parts. The parties do not agree that neither of them was based on a declaration or a promise made by the other party or possibly arising from any written or oral statement during the negotiations between the parties before the conclusion. of the Contract, with the exception of the provisions expressly stipulated in these Conditions. Each of the parties waives the right to exercise any recourse concerning any false statements, oral or written, issued by the other party, before the date of signature of the Contract (unless these false statements have been issued fraudulently). The only recourse that the other party can exercise will relate to the breach of Contract, as stipulated in these Conditions.

27. Our right to modify these terms

We have the right to revise and modify these Terms at any time. You are subject to the terms and conditions in effect at the time you use this website or place an order, unless the law or the competent authorities require us to modify these terms, these Terms or the privacy policy retroactively. In this case, any possible modification will also apply to the orders which you will have previously placed.

28. Applicable legislation and jurisdiction

The use of our website and the contracts for the purchase of products on this site will be governed by French law. Any dispute arising out of or related to the use of the site or to said Contracts will be subject to the non-exclusive jurisdiction of the French courts and tribunals. The provisions of this clause in no way affect your rights as a consumer, under the applicable legislation.

29. Comments and suggestions

Your remarks and comments are always welcome. You can send them to us using the contact form. You can also send us an email at contact@nologosport.com or by post at the following postal address: 505 Allée René Higonnet, 26760 Beaumont-lès-Valence, France.