Terms & Conditions

Definitions and interpretation

“Agreement” shall mean the Product sale agreement entered into between EP and the Customer after an order is placed by the Customer on the Site.

“Customer” shall mean a natural or legal person entering into an Agreement with EP for the sale of Products acting as a Professional or as a Private Individual.

“EP” shall mean the company EP Climbing, a simplified joint-stock company having its registered offices at 355 voie Galilée, ZA Alpespace, 73800 Sainte-Hélène-du-Lac – Telephone: + 33(0)4 76 08 53 76 – email: courrier@epclimbing.com – and registered in the Trade and Companies Registry of Chambéry under the number 332 639 715 and whose intracommunity VAT number is FR35 332639715.

“Private Individual” shall mean any natural person who acts for purposes that do not relate to his/her commercial, industrial, artisanal, self-employed or agricultural activity.

“Products” shall refer to products marketed on the Site that EP must provide in accordance with the Terms and Conditions and the Agreement.

“Professional” shall mean any public or private natural or legal person which acts for purposes relating to its commercial, industrial, artisanal, self-employed or agricultural activity, including when acting in the name or on behalf of another professional.

“Terms and Conditions” shall mean the general terms and conditions of sale laid forth in this document.

“Site” shall mean the website https://epclimbing.com

  1. Scope of application

These Terms and Conditions apply to all orders for Products placed on the Site and govern the contractual relationship between EP and the Customer.

Any order of Products on the Site implies the unconditional acceptance of the Terms and Conditions by the Customer, which acknowledges that it has read and understood them before the validation of the order, as well as a waiver by the Customer of his/her own conditions of purchase, whatever the terms, even if the Customer has already sent EP conditions of purchase or any other document. No special conditions may prevail over these Terms and Conditions unless agreed beforehand in writing by EP.

EP reserves the right to adapt or modify the Terms and Conditions at any time.

The Terms and Conditions applicable are those in force on the day of the Customer’s order. With every new order, the Customer is encouraged to read the Terms and Conditions carefully.

These Terms and Conditions do not affect the rights of Private Individuals when they are in the public domain.

  1. Products sold on the Site

The Products offered on the Site are new; offers are applicable in Metropolitan France and the European Union and are valid as long as stocks last.

The stocks available for each Product are indicated when the Product is selected and when the basket is viewed. Where Products added to the basket are indicated as being in stock, the order may be placed but the delivery time for these Products will only be communicated upon receipt of the order by EP. The remainder of the order indicated as available shall be processed and sent to the Customer within the stated deadlines.

EP reserves the right to modify at any time and without notice, the Products sold on the Site.

Purchase offers including promotional offers are valid as long as they are advertised on the Site.

Prior to any order, the Customer may refer to the essential characteristics of the Products sold on the Site. For some Products, the Customer may choose an option, including a different colour from that presented on the Site. The description of each option is for information purposes and the Customer is advised that there may be variations between the colour listed and the colour applied to the Product.

Photographs and their contents do not fall within the scope of the Agreement. EP may not be held liable if errors are introduced. Similarly, any typographical or clerical error, any omission in the commercial documentation, prices, order acceptance, invoice, or any other document or information issued by EP may be corrected without EP being held liable.

  1. Product prices

Product prices are those specified on the Site. They are indicated in Euros inclusive of all taxes, including packing and shipping costs in Metropolitan France.

For sales made with a delivery outside Metropolitan France and within the territory of the European Union, the shipping price is added in addition to the price of the Products when the order is placed.

Prices are subject to change during the year, on the understanding that the Products ordered are invoiced based on the price applicable when the order is placed.

Prices take into account the VAT applicable on the day of the order. Any change in the French VAT rate shall be reflected immediately in prices.

Promotion codes (promo code) to be stated before the order is placed provide a discount on all or certain Products offered for sale. Discounts granted may apply for a limited period of time and never apply to delivery charges.

  1. Customer identification – Order – Formation of the Agreement
  1. Customer identification

To place an order, the Customer must identify him/herself:

The Customer shall provide EP with accurate and reliable information. EP shall not be held liable in the event that the information provided is false or incomplete.

The Customer is solely and entirely responsible for the use and confidentiality of his/her user ID and password, and must ensure that only those authorised by them have access to its account.

As such, any use of the Customer’s account is deemed to have been made by them or with his/her authorisation.

The Customer must promptly notify any security breach related to the unintended disclosure or misuse of his/her user ID and/or password, so that the appropriate measures to remedy this problem may be taken. In case of loss or misuse of user ID and a password, a procedure for assigning new access codes shall be implemented upon notification by the Customer.

  1. Orders

To place an order, the Customer selects Products and the desired quantity, chooses from several options to determine the colour of the Products ordered and adds them to the basket.

The Customer may then refer to and check the contents of the basket and, if necessary, make any necessary changes (adding or removing a Product, changing the quantity, etc.) or correct any errors.

The “Basket Total” reminds the Customer of the price of the Products and states the delivery costs of all Products for Metropolitan France.

If the Customer proceeds with his/her order, they must provide his/her billing and/or delivery details.

Deliveries are not possible outside Metropolitan France and the European Union.

In cases where EP does not ship to the country chosen by the Customer, the ordering process cannot be continued via the Site. Reference is then made to the email address to contact EP (courrier@epclimbing.com) and ensure the order is delivered.

To finalise the order, the Customer shall pay for it and choose a payment method.

The Customer then validates the order by clicking on the “Order” button, after having read the Terms and Conditions and the Privacy Policy of the Site by ticking the boxes “I have read and accepted the terms and conditions” and “I have read and accepted the site’s privacy policy” respectively.

EP recommends that the Customer print and save the Terms and Conditions, which may be printed.

The Customer acknowledges to have full capacity to enter under the Terms and Conditions when placing an order on the Site.

For Private Individuals, by placing an order on the Site, the Customer confirms that they are a natural person of full age.

The Customer may consult and amend his/her account details at any time, including managing its delivery addresses from the “My Account” section. The Customer may also view his/her order by accessing the “Orders” section.

  1. Formation of the Agreement

Once the order is recorded by EP, the Customer will receive a detailed order acknowledgement thereof.

Where the Customer has opted to pay by credit card or by Paypal®, this order acknowledgement shall act as validation of the order by EP and shall validate the transaction subject to payment of the order.

Where the Customer has opted to pay by bank transfer, this order acknowledgement shall only serve as confirmation that EP has taken the order into account not as validation of the order. After receipt of payment and processing, an email confirming the order shall be sent to the Customer by EP.

The order validation definitively brings the Agreement into force. The Customer is required to verify the information in the validation email.

For any information on the tracking of its order, Customers are advised to contact EP:

  1. Payment
  1. Payment methods

Orders are validated only upon receipt of payment by EP.

All orders are payable in euros.

The Customer may pay for his/her order using the following payment methods:

The order is pending until EP confirms that payment has actually been received.

EP reserves the right to suspend or cancel any order and/or delivery, in case of non-payment of any sum due by the Customer within 5 working days from receipt of the order (for bank transfers) or in the event of a payment problem.

  1. Payment delays and problems

In case of late payment or payment problems, without prejudice of any other right or remedies at its disposal, EP reserves the right to suspend or cancel the order and/or the delivery, whatever its nature and level of execution.

After a period of 10 days following billing, EP shall charge late penalties equal to the interest rate applied by the European Central Bank in its most recent refinancing operation plus 10 percentage points, until full payment.

Any payment delay or problem shall also entail the payment of compensation equal to 15% of the sums due, in addition to any legal interest and court costs, without prejudice to any claim for damages.

Any late payment by a Professional Customer shall lead to a fixed penalty of 40 euros for recovery costs laid forth by Decree No. 2012-1115 of 2 October 2012. This amount may be re-evaluated in the event that the decree is amended.

All costs incurred by EP resulting from a dispute in the collection of outstanding payments from a Professional Customer shall be borne by this Customer.

  1. Delivery

The date of shipment is indicated to the Customer upon validation of an order.

EP will use reasonable efforts to comply with delivery times specified in the order. The delivery times starts upon validation of the order by EP. It is specified, however, that compliance with delivery times is not of the essence of the Agreement.

Deliveries are usually made by a carrier authorised by EP or by post, depending on the nature of the Product. Products are delivered together with a delivery note.

Products are delivered to any valid address indicated by the Customer when placing an order, located in Metropolitan France or in the European Union. Some places of delivery, as indicated on the Site, may be subject to payment of additional fees, as mentioned in the order confirmation.

The Customer shall check the delivery address indicated before placing an order, as well as any address indicated on all communications sent to him/her by EP, and inform EP immediately of any errors or omissions.

If EP is unable to deliver an order, or in the event of a delivery delay, EP will immediately inform the Customer.

Professional Customers shall not be entitled to cancel an order, to refuse a Product or to claim for damages in case of delays, except when a specific and exceptional commitment under a specific agreement has been made by EP, and excluding force majeure events.

In accordance with relevant statutory provisions, in the event of late delivery, Private Individual Customers are given the opportunity to terminate the Agreement under the terms and conditions defined in Article L. 216-2 of the French Consumer Code.

Packages checking upon delivery:

Upon delivery of the order, the Customer is advised to check, in the presence of the carrier:

Reserves must be precise and mention the nature and extent of the damage (e.g. damaged hold, missing Product, etc.) as well as the quantity for each missing or damaged Product.

Reserves must be notified:

Should the Customer fail to comply with this procedure, the Products shall be deemed to have been delivered in good condition and no claims against the carrier will be possible.

The handwritten words “unpacked or not checked” have no value and does not permit any claim.

  1. Retention of ownership and transfer of risks
  1. Retention of ownership

EP retains ownership of Products until full payment of the order price, regardless of the delivery date of the Products, it being specified that merely issuing a payment order does not constitute payment within the meaning of this clause.

If the retention of ownership clause is implemented, all the amounts paid to EP before then remain the property of EP.

  1. Transfer of risks

For Private Individual Customers, the risk transfers upon receipt of the Products.

For Professional Customers, the risk transfers:

The Customer shall store the Products in a place which presents proper characteristics to keep the Products in good condition.

  1. Right of withdrawal

Subject to the provisions of Article L. 221-18 of the French Consumer Code, no orders accepted by EP shall be cancelled by the Customer.

Private Individual Customers benefit from a right of withdrawal for a duration of fourteen (14) days from the delivery date to exercise this right and request a refund of the price paid. When the fourteen-day period expires on a Saturday, a Sunday or an official holiday or non-business day, it is extended until the next business day.

To exercise this right, Private Individual Customers must give notice of his/her decision to return the Products, by contacting EP’s sales department beforehand:

The Consumer doesn’t have to justify the exercise of this right of withdrawal. However, the return of a Product, without prior notification to EP, or the refusal to accept a delivery is not sufficient to exercise the right of withdrawal.

Prior to any return, the Customer shall inform EP which will inform the Customer on the address where the Products shall be returned. The Customer shall insure the Products for their return with sufficient coverage with regard to their actual market value in the event of damage or loss.

In case of returns, EP also advises its Customers to protect Products’ original packaging by inserting them in other packaging, because only those Products returned in their entirety (accessories, notices, etc.) and in their original packaging shall be taken back. All returned Products must be intact and in perfect condition for resale in new condition.

Any Product that has been used, damaged, soiled, incomplete, or whose original packaging has been damaged, shall not be refunded.

Returned Products must be accompanied by the purchase invoice.

The following are excluded from the right of withdrawal, pursuant to Article L. 221-28 of the French Consumer Code:

The Customer shall return the Products to EP within a period of fourteen (14) days following information to EP on exercising his/her right of return. The Customer can exercise this right without any penalty, with the exception of shipping costs and risks which remain borne by the Customer.

For Products that cannot be returned by La Poste because of their nature (bulky packages or those weighing more than 30 kg, for example), the price payable to return the Products may vary depending on the carrier chosen, the type of Product and the distance to be travelled by the carrier to recover the Product and bring it back to the EP factories. The Customer is advised to contact the carriers to establish the exact cost of the service.

In the event that the return is made outside the delivery times, EP reserves the right to refuse the packages and/or to return them if necessary.

In the event that the right of withdrawal is exercised, EP shall refund the Customer within fourteen (14) days of receipt of the Product, using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees for the refund to be made by another payment means.

In case of late refund, EP shall pay late payment interests (10% if the refund is made no later than 30 days after the end of the period, 20% if the refund takes place up to sixty days later, and 50% beyond that).

EP reserves the right to defer a refund until receipt and verification of the state of the Products or until receipt of proof of shipment.

  1. Intellectual property

The sale of Products shall not transfer to the Customer any of the intellectual property rights attached thereto.

The content of the Site (texts, graphics, logos, icons and images, scripts and other codes implemented on the Site) are the property of EP and are protected by the laws relating to copyright, database protection and by any other law in force in France and by any European or international treaty.

It is prohibited to modify, copy, distribute, circulate or use all or part of the Site or any other related intellectual property rights, or to use any logo or trademark reproduced on the Site.

Any unauthorised use of any of the elements of the Site may result in the Customer being held liable, whatever the grounds.

  1. Force majeure

EP shall not be held liable or accused of breach of contract as a result of any delay, any non-performance or any contractual obligation placed on EP if the delay or non-performance is related to causes beyond the reasonable control of EP.

Events beyond the control of the parties, which they could not reasonably be expected to predict, and which they could not reasonably avoid or overcome, insomuch as their occurrence renders satisfaction of the obligations completely impossible, are considered force majeure events or unforeseeable circumstances.

The following events in particular are likened to force majeure events or unforeseeable circumstances releasing EP from its obligation to meet its original scheduled delivery dates: strike by all or part of EP’s staff or its habitual carriers, natural disasters (storms, floods, etc.), explosions, fires, wars or threats of war, customs embargoes on exports or imports, production stoppages due to unforeseeable breakdowns, tool breakages, inability to obtain supplies from a supplier, accidents, sabotage, insurrection, riots, epidemics, road closures due to thawing snow, roadblocks, utility company strikes or supply disruptions, plant closure, acts of government, legal, statutory or regulatory provisions, prohibitions or any measure of any nature imposed by a state, local or parliamentary authority.

In such circumstances, EP shall notify the Customer in writing, including by email, within a reasonable time after the occurrence of the events, with the Agreement binding EP and the Customer being automatically suspended without indemnity, from the date of occurrence of the event.

If the event lasts more than thirty (30) days from the date of its occurrence, the Agreement may be terminated by the first-acting party, without either party having the right to claim the award of damages. This termination shall take effect on the date of first presentation of the registered letter with acknowledgment of receipt terminating the Agreement.

  1. Guarantee
  1. Guarantee for HEAD RUSH products – Applicable to Professional Customers

Head Rush Products are subject to the supplier’s guarantee terms, which may be consulted at https://headrushtech.com/, to which the Customer should refer.

  1. Guarantee for hidden defects – Applicable to all Customers

The Customer is covered by the legal guarantee for latent defects under the conditions provided for in Articles 1641 to 1649 of the French Civil Code.

Article 1641 of the Civil Code: “A seller is bound to warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them”.

Article 1648, paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the buyer within a period of two years following the discovery of the defect”.

The defect must arise prior to the sale and the Customer has the choice, either (i) to return the Product and be refunded the price or (ii) to keep the Product and be refunded part of the price.

  1. Legal guarantee of conformity – Applicable solely to Private Individual Customers

In accordance with Articles L. 217-4 and following of the Consumer Code, the legal guarantee of conformity applies to Products sold on the Site.

Article L. 217-4 of the Consumer Code: “The seller shall deliver a product in compliance with the description given in the agreement and is responsible for any lack of conformity upon delivery.

It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if it assumed responsibility therefore under the agreement or had it carried out under its responsibility”.

Article L. 217-5 of the Consumer Code: “The good complies with the agreement:

  1. If it is suitable for the use normally expected of such a good and, where applicable:
  1. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, as made known to the seller which it has accepted”.
EP therefore reminds Private Individual Customers that under the legal guarantee of conformity:
  • they have a period of two years from the delivery of the Product to take action;
  • they may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
  • they do not have to provide evidence of the existence of the Product’s non-conformity during the six months following its delivery. This period is extended to twenty-four months as of 18 March 2016.

The Private Individual Customer is also advised that the legal guarantee of conformity applies irrespective of the commercial guarantee that may potentially cover the Product. The Customer may decide to implement the guarantee against hidden Product defects in accordance with Article 1641 of the French Civil Code; in this case, they may choose between cancelling the sale or reducing the sale price in accordance with 1644 of the French Civil Code.

  1. Implementation of guarantees

The implementation of the guarantees must be subject to a written request by the Customer explaining the defects found. In order to be accepted, this request must be accompanied by the invoice and must be sent to EP in the manner indicated in Article 12 below.

  1. Complaints / Returns

Apart from problems related to shipping damage (which shall only be claimed to the carrier), any other complaints relating to a manufacturing defect, incorrect quantities or an erroneous reference in relation to the order, must be made within forty-eight (48) business hours upon receipt of the Products. A complaint may only relate to the replacement of faulty Products or the correction of the quantities or references of Products ordered.

Applications shall be made to EP by:

EP shall inform the Customer on the procedure to be followed. In the event that a Product must be returned, and EP is held liable, the return costs shall be paid in full by EP.

Any Product return requires the prior agreement of EP.

Products returned by the Customer without physical protection or which are poorly protected shall not be covered by the guarantee. It is therefore the Customer’s responsibility to protect and insure the returned Products during their shipment. It is the Customer’s responsibility to keep the packaging, the accessories provided with the Product as well as any labels affixed to the Product or packaging which shall be required to benefit from the guarantee offered.

In the event of late return, EP reserves the right to refuse the package(s), and/or send them back to the Customer where applicable.

  1. Limitation of liability – Applicable to Professional Customers

Except in the event of personal injury or death caused by EP’s negligence, EP’s liability shall not exceed the price paid by the Customer, regardless of the extent and the cause of the damage.

EP’s liability is expressly excluded in case of incidental damages, inability to place an order or loss of income or profits.

  1. Personal data

In application of relevant French law and the General Data Protection Regulation (EU GDPR 2016/679), EP recalls that the Customer acknowledges that, before placing an order, that he/she has fully understood the privacy policy of the Site, which specifies the processing performed by EP as well as all the rights of any users.

It is recalled that the personal data collected by EP is used for the sole purpose of processing and fulfilling an order. All personal data collected by EP for the processing of an order is secure and is accessible only to a limited number of people including the agency responsible for the website.

This data may be communicated to potential EP partners responsible for the execution, processing, management and payment of orders.

Customers’ banking data used to pay for an order are encrypted and are not accessible by EP. Only those entities responsible for payment services, respectively Paypal and E-Transactions Epayment provided by Crédit Agricole, are responsible for processing such data.

In accordance with national and European regulations in force, the Customer has the permanent right to access, change, delete, rectify and challenge information concerning it. The Customer also has the right to contact the national authority in charge of protecting such data.

This right may be exercised by sending a registered letter with acknowledgment of receipt or an email to EP Customer Services:

  1. General provisions
  1. Insolvency of the Customer

In the event of insolvency of the Customer, and without prejudice to any action or right available to it, EP may cancel the Agreement and suspend any delivery subject to the Agreement without liability being incurred.

  1. Severability

If one or more stipulations of these Terms and Conditions are considered invalid or declared as such under a law, a regulation or a final decision of a competent jurisdiction, the other stipulations shall remain in full force to their full effect.

The parties then agree to replace the null or invalid clause with a clause whose content shall be as close to the original clause as possible.

  1. Non-waiver

The fact that EP does not invoke its non-acceptance or non-refusal of any of the provisions provided for in these Terms and Conditions at any time, for whatever duration, shall not be interpreted as a waiver thereby to invoke it at a future date and cannot restrict its rights.

  1. Applicable law – Allocation of jurisdiction – Mediation

The interpretation, validity and performance of the Terms and Conditions shall be governed by French law.

Should a dispute arise, an amicable solution shall be sought before any legal action.

If this does not succeed, the dispute shall be brought:

Private Individual Customers may submit the dispute to consumer mediation. To see a list of consumer mediators, the Private Individual Customer may consult the web page of the Consumer Mediation Evaluation and Control Commission https://www.economie.gouv.fr/mediation-conso/commission.

Private Individual Customers may also initiate the mediation process via the online dispute resolution platform developed and managed by the European Commission at the following address:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

SCHEDULE 1

WITHDRAWAL FORM

(The Customer shall complete and return this form only when exercising his/her right of withdrawal pursuant to Article 8 of the Terms and Conditions)

Form to be returned to the customer service department by

I hereby notify you of my exercise of my right of withdrawal from the agreement for the sale of the following product(s):

. Order no.:

. Article reference(s) and description(s):

. Ordered on:

. Received on:

. Name of the customer who ordered the products:

. Address of the customer who ordered the products:

Date:

Customer’s signature in the event that this form is served on paper

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