General terms and conditions of sale

Please read these terms and conditions carefully: they define the terms and conditions of sale applicable when you place an order on the site.www.shark-helmets.com 

The terms below used in these general terms and conditions of use and sale, whether in the singular or plural, shall have the following meaning: 

Customer Any natural person of legal age, having the capacity to contract and having the status of consumer within the meaning of the French Consumer Code, who orders Products on the Website for non-professional purposes under the conditions defined below. 

General Terms and Conditions of Use and Sale or CGUV means the present terms and conditions applicable between the Seller and the Customer, which the Customer declares to accept when ordering Products, and which govern the use of the Website and the sale of Products. 

Product : any product offered for sale by the Seller on the Internet Site, in particular helmets and associated visors as well as telecommunication accessories. 

Website : infrastructure accessible at www.shark-helmets.com property of and operated by the Seller. 

Seller : company Shark, SAS, registered under number SIREN 312311228, registered under number 312 311 228 at RCS of Marseille with registered office at 11 Traverse of the Buzine, 13011 Marseille represented by its legal representative in officeChristophe Merkelwho publishes the Website and sells the Products. 

The present General Terms and Conditions of Use and Sale define the rights and obligations of the following parties the Seller and the Customer applicable to the use of the Website and sale of Products, which the Customer hereby accepts ticking the appropriate box when ordering Products. 

All orders placed by the Customer via the Internet Site require the prior acceptance of of these terms and conditions CGUV as well as the pricing conditions in force on the day of acceptance of the order, which form an integral part thereof. 

The present CGUV are permanently accessible on the Internet Site, in a computer format that allows them to be printed and/or downloaded, in such a way that the Customer can reproduce or save them.  

The Seller reserves the right to modify the CGUV. Visit CGUV will be submitted to the Customer prior to any order.  

The Products offered on the Internet Site are intended for sale to private individuals only. 

Create an account Ordering implies the creation of an account by the Customer, at any time. and at the latest when placing the order. by clicking on the button provided for this purpose. 

The Customer must complete the form with the information requested. The personal data provided by the Customer will be processed in accordance with the privacy policy on the Website. 

Availability of Products : the Seller undertakes to honour orders received only within the limits of available stocks. 

In the absence of availability, particularly if the Product has become unavailable between the order and the receipt of payment, the Vendor will inform the Customer as soon as possible, indicating the lead time. At the customer's request, the order may be cancelled to the extent of the missing Products, with a refund. 

Price The price of the Products displayed on the Internet Site is the current price, in euros and inclusive of all taxes. Delivery charges are added to the price of the Products for each order, the amount of which is indicated in the basket and the order summary. 

Product sale prices are freely determined by the Vendor and may be modified at any time. The applicable price will be that in force at the time of the order. 

Payment Payment methods are indicated on the payment page of the website and when the order is placed. The price is payable by credit card (CB, Visa, Mastercard), American Express, PaypalApple Pay. 

The price is payable in cash when the order is placed via the secure area of the establishment in charge of collecting the price on the page provided for this purpose. 

The customer guarantees that he/she is fully authorized to use the means of payment and that he/she has sufficient funds to cover the costs of the order. Any bank charges relating to credit card payments will be borne by the Customer. 

Delivery The Products are sold only to Customers whose delivery address is located at in one of the following countries: France, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Poland, Romania, Slovenia, Czech Republic, Sweden, Slovakia. 

Delivery takes place within the time indicated on the order.depending on delivery method and location : 

Any delay in delivery beyond the delivery deadline, not due to force majeure, may result in the cancellation of the sale at the Customer's initiative by sending a registered letter with acknowledgement of receipt. In accordance with article L216-6 of the French Consumer Code, the sale will be considered cancelled upon receipt by the Vendor of the Customer's letter informing it of its decision to cancel the sale, if delivery has not taken place in the meantime. In the event of cancellation, the Vendor will reimburse the Customer for any sums paid as soon as possible and, at the latest, within 14 (fourteen) days of receipt of the registered letter with acknowledgement of receipt. 

In the event of non-distribution and/or return of package due due to the fault of Customer's fault (e.g. wrong address, forgetting to claim the parcel from the post office), the Customer will have to pay the associated costs (storage and/or reshipment costs). 

Receipt If the parcel delivered by the carrier is in poor condition and if any Products are missing, the Customer is advised to refuse the parcel and express reservations on the delivery note so that the guarantee offered by the carrier can come into play. The Customer must inform the Vendor as soon as possible in writing so that the Seller to investigate with the carrier. The Customer's attention is drawn to the fact that receipt of the package without reservation is in particular likely to extinguish actions the Seller against the carrier. 

In accordance with the provisions of article L.221-18 of the French Consumer Code, the Customer has a period of 30 (thirty) days to exercise their right of withdrawal and return, at their own expense, the Products they have ordered for any reason whatsoever. This period runs from the day of receipt of the Products by the Customer, as evidenced by the dated delivery slip. Withdrawal may be made at the Customer's discretion by sending a request to the Vendor via the online form on the Website.  

Ihe Customer is requested to return the Products in their original packaging, if possible accompanied by the Return Form attesting that the Products were purchased via the Internet Site.. 

The Product(s) will be returned to the Seller at the following address indicated on the withdrawal formwithin thirty (30) days following the date on which the Customer's right of withdrawal was exercised. The costs and risks involved in returning the Products shall be borne by the Customer. 

After receipt and verification of the Products, the Vendor will reimburse the Customer for the amount of the Products returned within 14 (fourteen) days. days from receipt of the Products (or proof of shipment of the Products by the Customer), by the same means of payment as that used by the Customer to purchase the Products, unless the Customer agrees otherwise in writing, and the Vendor. 

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature and characteristics of the Products, the Vendor may require the Customer to pay an indemnity corresponding to this depreciation. 

The Products offered comply with current legislation and standards applicable in the countries where the Products are delivered. 

In particular, the Products are approved and in some cases can be qualified asEquipment Protective Equipment. Products are sold and delivered with their manual manual and the certificates of conformity applicable.  

In addition, the Customer is informed of the following in accordance with the law: 

The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. 

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance. 

The legal warranty of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the good. 

The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience for him. 

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. 

Any seller who obstructs the implementation of the legal warranty in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code). 

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good. 

In the event of product defect, the Customer shall must inform the Vendor of the defect observed. via the online form online formlink at the bottom of each page. To this end, the Customer will be invited to provide any information, such as photographs of the Product showing the defect.an invoice (if the product was not purchased via www.shark-helmets.com) and details of defects.  
Based on the information provided and within the framework of a valid warranty applicationthe Customer Service Department will send a prepaid shipping label and a service request to the customer. 

Afterwards, we'll the customer must return the Product in its original packaging, with any notices, documentation or accessories as well as the Service Request previously communicated to us.to the following address return address on the shipping label provided by the Seller.  

A 5-year commercial warranty may be granted to the Customer for certain Products. In this case, the terms and conditions of this commercial warranty will be indicated on the Product sheet. 

This warranty applies to without prejudice to the consumer's right to benefit from the legal warranty of conformity and that relating to hidden defects, under the conditions set out in articles 1641 to 1649 of the French Civil Code. mentioned above. 

Visit Products comply with the requirements of Regulation (EU) 2023/988 of May 10, 2023 on general product safety. and have been subjected to a rigorous risk assessment in order to guarantee their safety under normal or reasonably foreseeable conditions of use. 

Each Product is accompanied by clear and comprehensible instructions concerning its use, maintenance and the precautions to be taken to ensure the user's safety. This information is provided in French and are available on the corresponding product sheet. 

In accordance with Regulation (EU) 2023/988, information on the manufacturer, importer or authorized representative responsible for the product is made available to the public.nible sur product data sheet / product packaging / in the documentation provided.  

If a Product is identified as presenting a safety risk, the Seller undertakes immediately inform the competent authorities and take all necessary measures, including withdrawing or recalling the Product. Affected customers will be informed without delay and offered an appropriate solution, such as repair, replacement or refund of the Product, in accordance with the provisions of Regulation (EU) 2023/988. 

Cn accordance with article R.541-173 of the French Environment Code, le Unique Identification Number (UID) is an alphanumeric identifier assigned to each producer for each EPR sector concerned. It enables the authorities to monitor and control compliance with producers' waste prevention and management obligations.. 

The Seller's IDU number is as follows: FR268956_01TRFL 

Spare parts availability (if applicable) eis indicated on the Technical / available at in the supplied documentation and on the product web page.  

Responsibilities of the Seller : The Customer acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole.  

The Vendor has taken every precaution to ensure that all Products have been correctly described. Nevertheless, although the Seller attempts to present accurate photographs of the Products on the Website, the colors the Customer sees will depend on the computer screen used and the display configurations and the Vendor cannot therefore guarantee that the photographs correspond exactly to the Products (details, colors). Consequently, the photographs, information and visuals of the Products presented on the Website are given for information only. 

Liability of the Seller shall not be held liable in the event of a breach of its obligations due to force majeure, to the unforeseeable or insurmountable act of a third party to the contract or attributable to the Customer. Liability of the Vendor shall only be held liable for direct damages in accordance with the French Civil Code.   

Hypertext links on the Website may lead to other websites, the consultation and/or use of which are governed by their own terms and conditions of use and are under the respective responsibility of the Customer and the publisher of the said website. 

Customer responsibilities The Customer is responsible for all computer (hardware, software) and communication resources used to access and use the Website. 

In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Website and all elements, trademarks, designs, models, logos, graphics, photographs, texts, etc. found on it, as well as their compilation, are the exclusive property of the Vendor or the holder of the intellectual property rights concerned, the latter granting no license or right other than that of consulting the site.

The reproduction or use of all or part of these elements is authorized solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeiting and is punishable under intellectual property law, unless prior written authorization has been obtained.of the Seller. 

On the other hand, the Seller reminds you that any creation of a hypertext link to the home page or any other page of the Website is subject to its express, prior and written consent. 

The Customer undertakes not to directly or indirectly harm the Vendorthe Internet Site or the rights of the Vendor. 

The sales contract between the Seller and the Customer is concluded in French and these CGUV are governed by French law. 

The contract concluded with the Customer will be archived for a period of 10 years on the platform operated by the Vendor. 

In the event of a dispute between the Vendor and the Customer concerning the validity, execution, non-execution or interpretation of these GCUV or, more generally, relations between the Vendor and the Customer, they will endeavour to find an amicable solution. 

The Customer may : 

Sas MEDIATION SOLUTION 

222 Chemin de la Bergerie 

01800 Saint Jean de Niost - France 

Tel: 33(0)4 82 53 93 06 

E-mail: contact@sasmediationsolution-conso.fr 

Website: https://sasmediationsolution-conso.fr 

The period within which you may refer a complaint to the mediator is 12 months from the date of the first written complaint tou Seller. 

It is expressly pointed out that requests for amicable settlement do not suspend the time limits for bringing legal action. 

Should any of the non-essential clauses of the present CGUV prove to be null or inapplicable by virtue of a law or regulation or following an enforceable decision by a competent court or authority, the parties expressly agree that the present contract shall not be affected by the nullity of the aforementioned clause. 

The failure of either party at any time to require strict performance by the other party of any provision or condition of these GCUVs shall not be deemed a final waiver of such provision or condition.