General terms and conditions of sale

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

Definitions

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

  • Customer: any adult natural person, having the legal capacity to contract and having the status of consumer within the meaning of the French Consumer Code, who orders the Products on the Website for non-professional purposes under the conditions defined below.
  • General Terms and Conditions of Use and Sale or GTCUS: these general 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 Website, including motorcycle helmets and associated visors as well as telecommunication accessories.
  • Website: infrastructure accessible at www.shark-helmets.com, owned and operated by the Seller.
  • Seller: the company Shark, SAS, registered under SIREN number 312311228, registered under number 312 311 228 with the Marseille Trade and Companies Register (RCS), with its registered office located at 11 Traverse de la Buzine, 13011 Marseille, represented by its legal representative in office, Christophe Merkel, which publishes the Website and sells the Products.

Purpose and application of the general terms and conditions of use and sale

These General Terms and Conditions of Use and Sale define the rights and obligations of the Seller and the Customer applicable to the use of the Website and the sale of Products, which the Customer accepts by ticking the box provided for this purpose when ordering Products.

Any order placed via the Website by the Customer requires the prior acceptance by the Customer of these GTCUS as well as the pricing conditions in force on the day the order is accepted, which form an integral part thereof.

These GTCUS are permanently accessible on the Website, in a digital format allowing them to be printed and/or downloaded, so that the Customer may reproduce or save them.

The Seller reserves the right to amend the GTCUS. Any new GTCUS will be presented to the Customer before any order is placed.

Ordering products

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

Creating an account: placing an order requires the Customer to create an account, 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 requested information. The personal data provided by the Customer will be processed in accordance with the privacy policy available on the Website.

The Customer undertakes to provide accurate information. Should the provision of false information by the Customer make it impossible for the Seller to fulfil its obligations, in particular the delivery of Products, the Seller's liability cannot be engaged as a result.

The account will be accessible using the login details (email address and password) chosen by the Customer at the time of registration, or subsequently changed. The Customer acknowledges that their login details and password are strictly personal and confidential. They therefore undertake not to disclose or share them with third parties. For security reasons, the Customer is advised to choose a strong password in accordance with applicable standards (8 characters, including uppercase, lowercase, numbers and special characters). In the event of suspected fraudulent use of their login details, the Customer is advised to inform the Seller immediately.

Selecting Products: to place an order via the Website, the Customer must select the Products they wish to purchase by adding them to the cart.

In accordance with Articles L.111-1 et seq. of the French Consumer Code, the characteristics of the Products are detailed on the Website pages relating to each Product.

The Customer's attention is drawn to the fact that the cart is solely intended to list the Products selected by the Customer and in no way makes them unavailable to other users. Products are only reserved and the price only confirmed once the order has been validated.

Once the selection of Products is complete, the Customer finalises their order from the cart.

Ordering Products: the Customer will be redirected to the cart, which shows a summary of the selected Products, the price and delivery costs. The Customer may change the quantities of Products or remove a Product from the cart. They may finalise their order by clicking on the button provided for this purpose.

Unless already logged in, the Customer must create an account or log in if they already have one. The Customer must provide their address (delivery and billing address if different), may apply a promo code, choose their delivery method from those offered, and then proceed to payment by clicking on the button provided for this purpose.

The order only becomes firm and final once payment has been made. The Customer will receive a confirmation email containing the details of their order.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order.

Product availability: the Seller undertakes to fulfil orders received only within the limits of available stock.

In the absence of availability, in particular if the Product has become unavailable between the order and payment being taken, the Seller will inform the Customer as soon as possible, indicating the expected restocking time. At the Customer's request, the order may be cancelled for the missing Products, with a refund.

Price and payment

Price: the price of the Products shown on the Website is the price in force and is expressed in euros, inclusive of all taxes. Delivery costs are added to the price of the Products for each order, the amount of which is shown in the cart and the order summary.

The sale prices of the Products are freely determined by the Seller and may be changed at any time. The applicable price will be the one in force at the time of the order.

Payment: the payment methods are indicated on the Website's payment page and when placing the order. The price is payable by credit card (CB, Visa, Mastercard), American Express, PayPal, Apple Pay.

The price is payable in full at the time of ordering, via the secure area of the entity responsible for taking payment, on the page provided for this purpose.

The Customer guarantees that they are fully entitled to use the payment method they use and that they have sufficient funds to cover the cost of the order. Any bank charges relating to payments by bank card shall remain the responsibility of the Customer.

Delivery

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

Delivery is made within the timeframe indicated when ordering, depending on the delivery method and location, namely:

  • Standard home delivery: a maximum of 3 business days in France and a maximum of 5 days for other European Union countries;
  • Express delivery: a maximum of 48 business hours in France and a maximum of 4 days for other European Union countries;
  • Delivery to a pick-up point: a maximum of 3 business days in France and a maximum of 5 days for other European Union countries.

Any delivery delay beyond the delivery deadline that is not due to force majeure may result in the Customer terminating the sale by sending a registered letter with acknowledgement of receipt. In accordance with Article L216-6 of the French Consumer Code, the sale will be deemed terminated upon receipt by the Seller of the Customer's letter informing the Seller of their decision to terminate the sale, if delivery has not taken place in the meantime. In the event of termination, the Seller will refund the Customer the amounts 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-delivery and/or return of the parcel due to a fault of the Customer (for example, incorrect address, failure to collect the parcel from the post office), the Customer will be required to pay the associated costs (storage and/or re-shipping costs).

Receipt: if the parcel delivered by the carrier is in poor condition or if Products are missing, the Customer is advised to refuse the parcel and to make express reservations on the delivery note so that the guarantee offered by the carrier may apply. The Customer must inform the Seller as soon as possible in writing so that the Seller can carry out an investigation with the carrier. The Customer's attention is drawn to the fact that accepting the parcel without reservations may in particular extinguish the Seller's claims against the carrier.

Right of withdrawal

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 ordered for any reason whatsoever. This period runs from the day the Customer receives the Products, the dated delivery note serving as proof. The withdrawal may be made, at the Customer's choice, by a request sent to the Seller via the online form provided on the Website.

The Customer is asked to return the Products in their original packaging, if possible together with the Return Slip proving that the Products were indeed purchased via the Website.

The return of the Product(s) will be made to the Seller at the address indicated on the withdrawal form, within thirty (30) days of the date on which the Customer exercised their right of withdrawal. The costs and risks relating to the return of the Products shall be borne by the Customer.

After receiving and checking the Products, the Seller will refund the Customer the amount of the returned Products within a maximum of 14 (fourteen) days from receipt of the Products (or proof of shipment of the Products by the Customer), using the same payment method as that used by the Customer to purchase the Products, unless otherwise agreed in writing by the Customer and the Seller.

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 Seller may require the Customer to pay compensation corresponding to this depreciation.

Warranties

The Products offered comply with the legislation in force and the standards applicable in the countries to which the Products are delivered.

In particular, the Products are approved and may, in certain cases, be classified as Personal Protective Equipment. The Products are sold and delivered with their instructions for use and applicable certificates of conformity.

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

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer only needs to prove the existence of the lack of conformity and not the date on which it appeared.

Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the period of supply provided. During this period, the consumer only needs to prove the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it appeared.

The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.

If the consumer requests repair of the goods but the seller imposes replacement instead, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund in exchange for returning the goods, if:

  1. The trader refuses to repair or replace the goods;
  2. The repair or replacement of the goods takes place after a period of thirty days;
  3. The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
  4. The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods.

The consumer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for repair or replacement suspends the remaining period of the guarantee until the repaired goods are delivered.

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

A seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against 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 guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund in exchange for returning the goods.

In the event of a Product defect, the Customer must inform the Seller by reporting the defect found via the online form provided for this purpose, a link to which is available at the bottom of the site's pages. To do so, the Customer will be asked to provide any relevant 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 the defects.

Based on the information provided and where a valid warranty claim applies, Customer Service will issue a prepaid shipping label and a service request to the customer.

The Customer must then return the Product in its original packaging, together with any instructions, documentation or accessories, as well as the previously issued Service Request, to the return address shown on the shipping label provided by the Seller.

A commercial warranty of 5 years may be granted to the Customer for certain Products. In such cases, the terms of this commercial warranty will be indicated on the relevant Product page.

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

Product safety and environment

Product safety

The Products comply with the requirements of Regulation (EU) 2023/988 of 10 May 2023 on general product safety and have undergone a rigorous risk assessment to ensure their safety under normal or reasonably foreseeable conditions of use.

Each Product is accompanied by clear and understandable instructions regarding its use, maintenance and the precautions to be taken to ensure the user's safety. This information is provided in French and is available on the relevant product page.

In accordance with Regulation (EU) 2023/988, information relating to the manufacturer, importer or responsible representative is available on the Product page / Product packaging / in the documentation provided.

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

Unique Identification Number

In accordance with Article R.541-173 of the French Environmental Code, the Unique Identification Number (UIN) is an alphanumeric identifier assigned to each producer for each relevant extended producer responsibility scheme. It enables the authorities to monitor and check compliance with producers' obligations regarding waste prevention and management.

The Seller's UIN is as follows: FR268956_01TRFL

Spare parts

The availability of spare parts (where applicable) is indicated on the Technical sheet / available in the documentation provided and on the product's web page.

Liability

Seller's liability: the Customer acknowledges and accepts that no one can guarantee the proper functioning of the internet as a whole.

The Seller has taken all necessary precautions to ensure that all Products are correctly described. However, although the Seller attempts to present accurate photographs of the Products on the Website, the colours seen by the Customer will depend on the computer screen used and the display settings, and the Seller therefore cannot guarantee that the photographs correspond exactly to the Products (details, colours). Accordingly, the photographs, information and visuals of the Products presented on the Website are provided for indicative purposes only.

The Seller's liability cannot be engaged in the event of failure to fulfil its obligations due to force majeure, an unforeseeable or insurmountable act by a third party to the contract, or an act attributable to the Customer. The Seller's liability can only be sought for direct damages, in accordance with the French Civil Code.

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

Customer's liability: the IT resources (hardware, software) and communication tools enabling access to and use of the Website are the responsibility of, and are provided at the expense of, the Customer.

Intellectual property

In accordance with the laws governing literary and artistic property 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 Seller or of the relevant intellectual property rights holder, who grant no licence or other right than that of consulting the site.

Reproduction or use of all or part of these elements is authorised solely for information purposes for personal and private use; any reproduction or use of copies for other purposes is expressly prohibited. Any other use constitutes infringement and is subject to penalties under intellectual property law, unless prior written authorisation has been obtained from the Seller.

Furthermore, the Seller reminds Customers that any creation of a hyperlink to the homepage or any other page of the Website is subject to the Seller's express prior written consent.

The Customer undertakes not to directly or indirectly harm the Seller, the Website or the Seller's rights.

Applicable law and disputes

The sales contract between the Seller and the Customer is concluded in French, and these GTCUS 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 Seller.

In the event of a dispute between the Seller and the Customer concerning the validity, performance, non-performance or interpretation of these GTCUS or, more generally, the relationship between the Seller and the Customer, both parties will endeavour to find an amicable solution.

The Customer may:

  • Send their complaint to the Seller, who will respond in writing as soon as possible.
  • Failing an amicable agreement, use a mediation procedure or any other alternative dispute resolution method: to this end, the Customer may refer the matter free of charge to the consumer mediator designated by the Seller, namely SAS Médiation Solution, within one year of the written complaint sent to the Seller:
    • Sas Médiation Solution — 222 Chemin de la Bergerie, 01800 Saint Jean de Niost, France — Tel.: 33(0)4 82 53 93 06 — Email: contact@sasmediationsolution-conso.fr — Website: https://sasmediationsolution-conso.fr — The time limit within which you may refer the matter to the mediator is 12 months from the date of the first written complaint made to the Seller.
    • Or by completing the form provided for this purpose on the SAS Médiation website: La Médiation de la consommation - Médiation de la consommation.
    • Or by post to Shark – Service Client e-commerce, 11 traverse de la Buzine, 13011, Marseille, France.
  • Or refer the matter to a competent court. In particular, the consumer may refer the matter either to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the court of the place where they resided at the time the contract was concluded or the harmful event occurred.

It is expressly noted that requests for amicable settlement do not suspend the time limits for taking legal action.

Miscellaneous provisions

If any non-essential clause of these GTCUS is held to be void or unenforceable pursuant to a law or regulation, or as a result of an enforceable decision of a court or competent authority, the parties expressly agree that this contract shall not be affected by the invalidity of the aforementioned clause.

The fact that either party fails, at any given time, to require strict performance by the other party of any provision or condition of these GTCUS shall not be deemed to constitute a permanent waiver of that provision or condition.