The Terms and Conditions hereafter presented establish the rights and responsibilities of concerned parties in the sale of GLADIA goods through the website www.Infini-Rugby.com
GLADIA: limited company with capital of 12000 euros, headquartered sis 59 Rue de l'Abondance, Lyon 69003, licensed B 488.448.440 by RCS Lyon.
Client: any private person, company or association to partake in a commercial transaction with GLADIA.
Product(s): good sold by GLADIA.
2. ACCEPTANCE - APPLICATION
Access to and purchase from GLADIA through the aforementioned website is subject to the following Terms and Conditions. Any transaction between GLADIA and CLIENT is subject to the following Terms and Conditions, specific sales conditions and good to pull prevailing on all other conditions, excepting those approved through explicit, written consent by GLADIA.
To undertake a purchase, the Client must add item(s) to the online basket, validate purchase intention and choose a payment method. The "good to pull" is made up of the options chosen by the client, which constitutes the specific conditions of given agreement.
Orders, once approved by GLADIA, can be altered or terminated only with explicit GLADIA consent, and any related cost or charge shall be incurred by Client. Any request to alter or terminate an order must be submitted in writing.
4. FREIGHT & PRODUCTION
Products are sent to the physical address submitted by the Client , in the relevant section of the website, upon making the purchase.
Freight costs shall always be incurred by the Client.
Specifically tailored products on offer at www.Infini-Rugby.com are produced and delivered within a delay of 4 to 6 weeks.
GLADIA Limited can bear no responsibility in the event of delays in delivery, provided that the Client is duly informed. In the event of a delay in delivery exceeding 30 days, and no explicit mention thereof in the specific sales conditions, the Client is entitled to cancel the order and shall receive full reimbursement, thereby renouncing any and all claims to damages and reparations.
GLADIA is fully entitled to suspend the delivery of any order, without further process, should the Client fail to comply with any of the obligations GLADIA is due.
5. EXTRAORDINARY CIRCUMSTANCES
Should extraordinary circumstances arise which impede the normal completion of GLADIA's obligations to the Client, including circumstances which are not deemed a case of absolute necessity, GLADIA shall be entitled to suspend the completion of its obligations to the Client for as long as such extraordinary circumstances persist, provided the Client is duly informed. Should these extraordinary circumstances persist over and beyond 30 days, the Client shall be entitled to cancel the order of any items not yet delivered, in accordance with the aforementioned article. Are included in this present article civil or international war, insurrections, riots, civil strife, terrorist attacks, strikes, lock-outs, social discord, natural catastrophies, blockades, embargos, shortage of supplies, decree by any public authority, national and international, any law or regulation, shortage of raw materials, shortage of energy, lack of means of transportation.
Every conception created on www.Infini-Rugby.com, tool administered and owned exclusively by GLADIA Corporation, must be carried out with responsibility and shall not in any case give rise to claims of ownership by or on behalf of the user. All conceptions created on the aforementioned website can be used by GLADIA towards any end it deems judicious: advertising, promotions etc...
The delivery of goods, as it has been defined in the aforementioned Terms and Conditions, implies the transfer of risks to the Client. It is the Client's responsibility, in the event of damages or missing items upon delivery, to make a record of such occurrences and notify the carrier via registered mail.
Any complaint pertaining to a Product defect or delivery of products non-conform to Client's order must be expressed via registered mail with acknowledgement of receipt within 8 days of receiving the goods. Should a complaint not be formally lodged within this period, it shall be deemed that the Client has satisfactorily received delivery of goods and has therefore renounced any right of complaint.
It is the Client's responsibility to provide proof of a product's defect or anomaly. The Client shall then allow GLADIA to verify such claims and remedy the problem should any irregularities be confirmed, without interfering nor implicating any third parties, without explicit consent from GLADIA.
Should any clear defects on delivered products be discerned within the scope of the aforementioned procedure, GLADIA may decide to proceed to the immediate replacement of defective Products (this decision in no way implying an admission of guilt) and demand the return of part or all of the defective products, or their destruction. Should the defective products fail to be returned as requested by GLADIA, the products sent in replacement shall be charged to the Client and the latter shall be expected to pay the amount in full. Product replacement or reimbursement shall occur only with explicit consent from GLADIA, after qualitative and quantitative verification of the products requiring replacement. The risk and cost of returning a product shall be incurred by the Client. To the extent that the Articles on www.Infini-Rugby.com require special intervention throughout production, there will be no return policy outside of the framework delineated above.
To the extent that Products are tailored on demand, no exchange policy can be devised.
GLADIA commits to delivering articles conform to those ordered on the website. Acceptance by the Client of the Product's particularities implies the relinquishing of any and all rights of complaint pertaining to a Product presenting identical or equivalent characteristics to those specified in the order. In the event of a Product being non-conform to the particularities described upon purchase, it shall be considered non-conform only to the extent that this difference was not reasonably perceivable or expected at the time of purchase. GLADIA's only obligation in relation to a Product's warranty is the replacement, free of charge, of the defective Product.
10. CLAUSE OF EXCLUSION OF WARRANTY
The warranty of Products being limited to their conforming to the particularities described upon purchase, its application does not apply to cases in which Products react negatively to materials to which they are associated by the Client or used by the Client in a way that is non-conform to the directives given by GLADIA. The warranty does not cover the pertinence of testing methods in relation to the uses which the Client expects for the Products. Any defects that may have been identified by tests or methods that the Client would not have carried out are also excluded from the GLADIA warranty.
GLADIA's responsability is strictly limited to the delivery of Products and to their warranty, as described above. Compensation owed by GLADIA in regard to its responsibilities towards its Clients and third parties is limited to the amount billed to the Client upon purchase of the defective product.
The Client is responsible for the acquiry and use of rights, relating to inscriptions, logos, images, slogans, reproduction of designs and others, from the right-holder . GLADIA shall not be held accountable for the violation of copyright, intellectual property, registered trademarks, patents and licenses.
The price of Products is that which is indicated by GLADIA in the specific purchase conditions. These prices are all tax inclusive but do not include freight cost. Taxes, rights and other expenses incurred in the provision of various services, in line with French law or that of the country in which the Product is being imported, shall be borne by the Client.
Total payment is expected upon order by check or bank transfer.
The currency used for this transaction is specified upon purchase or, by default, the Euro.
14. INTELLECTUAL PROPERTY RIGHTS - CONFIDENTIALITY
The Client is informed that Products provided by GLADIA are subject to intellectual property rights. The purchase of Products can in no way be interpreted as a right to appropriate or use these said intellectual property rights. The Client is in no way authorised to use the brands, designs and graphics of the Products purchased from and delivered by GLADIA. Any information communicated by GLADIA to the Client upon provision of Product orders are confidential and the Client is prohibited from making use of them outside of the expected use of the Products.
Any imitation and dissemination of Products for commercial ends, as well as modification, reuse or incorporation of these elements for other ends is strictly prohibited, excepting cases in which explicit and written consent has been provided by GLADIA. Breach of these rules will subject the perpetrator to civil and criminal law.
GLADIA holds the right to cancel an order should it decide that the possibility of designing one's own product on www.Infini-Rugby.com has led a user to create a product that is fraudulent or insulting, particularly in the use of terms or slogans that would require the possession of rights that neither GLADIA nor the user has in its possession. In effect, GLADIA holds the right to cancel an order without giving prior notice to the user in order to avoid submitting the latter to legal arbitration.
GLADIA's decision not to take advantage of one of the aforementioned clauses in these Terms and Conditions at a given instance in time is not to be interpreted as a renunciation of the right to any and all clauses at any ulterior time.
The interpretation of all aforementioned clauses shall be carried out in such a way as to be valid in the eyes of the law. If any clause is judged void or non-applicable in a court of law in certain circumstances, it shall remain valid and in effect in all other circumstances.
16. RIGHT TO WITHDRAW
The measures set forth in the consumption code are not applicable to personalised products having been subject to a right to pull. In addition, no period of withdrawal shall be applicable.
17. APPLICABLE LAW - CHOICE OF JURISDICTION
The aforementioned sales conditions are subject to French law. The Vienna Convention on the international sale of merchandise of April 11 1980 is not applicable to the sale of Products.
In the event of litigation or a dispute relating to the Products or aforementioned Terms and Conditions, only the court with jurisdiction over the territory in which GLADIA is headquartered, in effect LYON, can be invoked. These courts may however renounce on their right and appeal to any other court they deem competent. This choice of jurisdiction will apply to all circumstances, regardless of the urgency of the procedure and number of plaintiffs.