Terms and Conditions

Between the company Woodrock,

255, route de Saint Jean – 26190 SAINT-LAURENT-EN-ROYANS
registered with the chambre des métiers et de l’artisanat of ROMANS-SUR-ISÈRE
under the SIRET number 850 061 797 00039,

represented by Jonathan Mauduit, duly authorised for the purposes herein,
contactable by email at contact[at]woodrock.fr

hereinafter referred to as the “Seller”, the “Company” or the “Business“,
of the one part,
And the natural or legal person purchasing products or services from the Business,
hereinafter referred to as the “Buyer“, the “Consumer” or the “Customer“,
of the other part,
The following has been set forth and agreed:

Preamble

The Seller is a manufacturer of wooden training equipment for climbing, intended for consumers,
sold through its website woodrock.fr.
The list and description of goods and services offered by the Business can be consulted on the aforementioned websites.

Article 1: Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services carried out through the Business’s websites and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.

The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: woodrock.fr/conditions-generales-de-vente/.

The Business also ensures that their acceptance is clear and unconditional by implementing a checkbox and a validation click. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.

The Customer acknowledges having received the necessary advice and information to ensure that the offer meets their needs.

The Customer declares being legally able to contract under French law or validly representing the natural or legal person on whose behalf they are acting.

Unless proven otherwise, information recorded by the Business constitutes proof of all transactions.

Article 3: Prices

The prices of products sold through the website are indicated in euros (€), all charges included, and precisely set out on the Product description pages, excluding specific shipping costs. The Business reserves the right to modify its prices at any time for the future. The telecommunications costs required to access the Business’s website are borne by the Customer. Where applicable, delivery charges are also borne by the Customer.

Customs duties or other local taxes, import duties or state taxes may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They shall be borne by the Buyer and are their responsibility (declaration, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to enquire about these matters with the relevant local authorities.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to place an order. However, the steps described below are systematic:

  • information on the essential characteristics of the product,
  • choice of Product, where applicable its options, and indication of the Customer’s essential data (identification, address, etc.),
  • verification of the order elements and, where applicable, correction of errors,
  • acceptance of these General Terms and Conditions of Sale,
  • following the instructions for payment and payment for the products,
  • delivery of the products.

The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt confirming the order. They will receive a PDF copy of these General Terms and Conditions of Sale. For delivered products, delivery will be made to the address indicated by the Customer or to a relay point chosen by the Customer. For the proper fulfilment of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith, or for any other legitimate reason.

Article 5: Products and services

The essential characteristics of goods, services and their respective prices are made available to the Buyer on the Company’s website, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the French Consumer Code, the Consumer is informed, by means of marking, labelling, display or any other appropriate method, of prices and specific conditions of sale and performance of services before any conclusion of the sale contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is that in force on the day of the order, which does not include shipping costs charged in addition. Any such costs are indicated to the Buyer during the sales process and in any event at the time of order confirmation. The Seller reserves the right to modify its prices at any time, whilst guaranteeing the application of the price indicated at the time of the order. When Products or Services are not performed immediately, clear information is provided on the product presentation page regarding delivery dates for Products or Services. The Customer attests having received details of delivery costs as well as the terms of payment, delivery and performance of the contract, as well as detailed information regarding the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfil the Customer’s order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer; if the order has been placed and no agreement is reached with the Customer on a new delivery date, the Seller shall refund the customer.

Contractual information is presented in detail and in French or English. The parties agree that illustrations or photographs of Products offered for sale have no contractual value. The period of validity of Product offers and their prices are specified on the Company’s website, as well as the minimum duration of proposed contracts where these relate to a continuous or periodic supply of Products or Services. Unless otherwise specified, the rights granted hereunder are solely to the natural person signing the order (or the person holding the communicated email address).

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the Products and Services offered for sale through these GTC comply with current regulations relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains liable for defects of conformity and hidden defects of the product.

In accordance with Article L.217-4, the Seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of delivery. The Seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation where this was the Seller’s responsibility under the contract or was carried out under the Seller’s responsibility.

In accordance with the legal provisions on conformity and hidden defects (Article 1641 of the French Civil Code), the Seller shall refund or exchange defective Products or Products not corresponding to the order. A refund may be requested as follows: the Buyer must submit a claim by email to contact[at]woodrock.fr. The refund will be made by bank transfer after the Buyer has provided their bank details and after the product has been returned to the Seller by return parcel.

Article 7: Retention of title clause

The Products remain the property of the Business until full payment of the price.

Article 8: Delivery terms

Products are delivered to the delivery address indicated at the time of the order or to the relay point chosen by the Buyer and within the indicated timeframes. These timeframes do not include the order preparation time.

In case of delayed dispatch, the Customer may notify the Seller by email that they wish to cancel their purchase and obtain a refund. In case of delayed delivery, the Customer has the option of terminating the contract under the conditions and terms defined in Article L 138-2 of the French Consumer Code. The Seller shall then refund the product and the outward shipping costs under the conditions of Article L 138-3 of the French Consumer Code. The Seller provides an email address and a telephone contact in the order confirmation email to ensure order tracking. The Seller reminds that when the Customer takes physical possession of the Products, the risks of loss or damage to the Products are transferred to them. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.

Article 9: Availability and presentation

In the event of unavailability of an item for a period exceeding 30 business days, the Customer will be immediately informed of the expected delivery timeframes and the order for this item may be cancelled upon simple request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Article 10: Payment

Payment is due immediately upon ordering, including for pre-order Products. The Customer may pay by payment card or by PayPal.

Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by the Company’s payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transport over the network. Once payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their bank details during the sale, the Customer authorises the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of error or inability to debit the card, the sale is immediately terminated by operation of law and the order cancelled.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving reasons within fourteen (14) days of receipt of their order. The right of withdrawal may be exercised by contacting the company as follows:

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded; the return costs remain the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories and instructions); they should where possible be accompanied by a copy of the proof of purchase.

Article 12: Guarantees

In accordance with the law, the Seller assumes the following guarantees: guarantee of conformity and guarantee relating to hidden defects of Products. The Seller shall refund the Buyer or exchange Products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows:

The Seller reminds the Consumer that:

  • they have a period of 2 years from delivery of the goods to take action against the Seller,
  • they may choose between replacement and repair of the goods subject to the conditions provided for by the aforementioned provisions,
  • they are exempted from providing proof of the existence of the defect of conformity of the goods during the 24 months following delivery of the goods,
  • they may also invoke the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code and, in this case, may choose between termination of the sale or a reduction in the sale price (provisions of Article 1644 of the French Civil Code).

Article 13: Complaints and mediation

Where applicable, the Buyer may submit any complaint by contacting the company by email at contact[at]woodrock.fr.

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the French Consumer Code, the Consumer is informed that they may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.

In the event of failure of the complaint request with the Seller’s customer service, or in the absence of a response within two months, the Consumer may refer the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.

Article 14: Termination of the contract

The order may be terminated by the Buyer by registered letter with acknowledgement of receipt in the following cases:

  • delivery of a product not conforming to the characteristics of the order,
  • delivery exceeding the deadline set at the time of the order or, failing a date, within thirty days of payment,
  • unjustified price increase or modification of the product. In these cases, the Buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15: Intellectual property rights

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of such property for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

The performance of the Seller’s obligations under these terms is suspended in the event of a fortuitous event or force majeure that would prevent their performance. The Seller will notify the Customer of such an event as soon as possible.

Article 17: Nullity and modification of the contract

If any provision of this contract were to be annulled, such nullity would not affect the validity of the remaining provisions which shall remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.

Article 18: Personal data protection

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements personal data processing for the purpose of the sale and delivery of products and services defined in this contract. The Buyer is informed of the following:

  • the identity and contact details of the data controller and, where applicable, of the data controller’s representative (the Seller), as indicated at the top of these GTC,
  • the contact details of the data protection officer: Jonathan Mauduit – contact[at]woodrock.fr,
  • the recipients or categories of recipients of personal data, where they exist:
    • the data controller,
    • its marketing services,
    • the IT security services,
    • the sales, delivery and order service,
    • subcontractors involved in delivery and sales operations,
    • any authority legally authorised to access the personal data in question – no transfer outside the EU being planned,
  • the duration of data retention.

The Buyer has the right to request from the data controller access to personal data, rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object to processing and the right to data portability.
The Buyer has the right to lodge a complaint with a supervisory authority.
The information requested at the time of the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the order process.

Article 19: Applicable law and clauses

All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, are governed by French law.

The nullity of a contractual clause does not affect the validity of these General Terms and Conditions of Sale.

Article 20: Consumer information

For the purposes of consumer information, the provisions of the French Civil Code and the French Consumer Code are reproduced below:

  • Article 1641 of the French Civil Code: The Seller is bound by the guarantee for hidden defects of the item sold which render it unfit for its intended use, or which so diminish such use that the Buyer would not have purchased it, or would only have offered a lower price, had they known of such defects.
  • Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
    In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year of the date on which the Seller may be discharged from apparent defects or defects of conformity.
  • Article L. 217-4 of the French Consumer Code: The Seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of delivery.
    The Seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation where this was the Seller’s responsibility under the contract or was carried out under the Seller’s responsibility.
  • Article L. 217-5 of the French Consumer Code: The goods conform to the contract:
    1. if they are fit for the purpose normally expected of similar goods and, where applicable:
      • if they correspond to the description given by the Seller and possess the qualities that the Seller has presented to the Buyer in the form of a sample or model,
      • if they possess the qualities that a Buyer may legitimately expect having regard to the public statements made by the Seller, the producer or its representative, particularly in advertising or labelling,
    2. or if they have the characteristics mutually agreed upon by the parties or are fit for any special purpose sought by the Buyer, brought to the Seller’s attention and accepted by the latter.
  • Article L. 217-12 of the French Consumer Code: The action resulting from the defect of conformity is prescribed within two years of delivery of the goods.
  • Article L. 217-16 of the French Consumer Code: When the Buyer requests the Seller, during the course of the commercial guarantee granted at the time of purchase or repair of a movable good, for a restoration covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee.
    This period runs from the date of the Buyer’s request for intervention or from the date on which the goods were made available for repair, if this availability is subsequent to the request for intervention.

Here are our hangboards and fingerboards covered by these GTC

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