General Terms and Conditions

Terms and Conditions (date : 02/2020)

These terms and conditions (hereinafter referred to as the “T&C”) are entered into by : (i) on the one hand, any individual or legal entity wishing to make a purchase on Littoral Distribution's website Wickelfischfrance.fr (hereinafter referred to as the “Buyer”), and (ii) on the other hand, the company Littoral Distribution SAS, headquarters located 18 rue Pasteur 68130 Zaessingue – France, registered on the Mulhouse company registry under SIRET No.838 176 873 00019, identified under Community VAT No. FR19 838 176873, and which is available by phone (+33 6 22 56 46 32), and email info@littoraldistribution.fr (hereinafter referred to as the “Littoral Distribution”). Littoral Distribution specializes in retail of sporting goods within dedicated structures, identified under NAF code No.4690Z. This website's editor in chief is Mr. Philippe Rode, manager of Littoral Distribution SAS.

§ 1 Purpose and scope

These terms and conditions (T&C) aim at establishing the conditions of sale between Littoral Distribution and the Buyer. These T&C apply to any and all purchases offered on Littoral Distribution's website, whether the actual order was made by phone, fax, regular mail, email or by accessing to www.wickelfischfrance.fr/gb and all related micro-sites. For any purchase on Littoral Distribution’s other websites, please refer to each website’s relevant T&C. Any order on the Website requires the Buyer to read these T&C, before said order can be confirmed, and to accept them entirely. Carrying on with the purchase by issuing a confirmation order entails accepting the T&C. The applicable version of these T&C is the one implemented at the Buyer's order date. Littoral Distribution otherwise reserves its rights to change the T&C at any time and without further notice, said changes entering into full force and effect for all purchases made after they have been implemented. Any and all changes to the T&C shall be submitted to the Buyer 's agreement prior to any new purchase. Our terms and conditions may vary . The following categories may be changed in the future: prices, payment, delivery, right of withdrawal, warranty, transfer of ownership, liabilities, disputable resolution.

§ 2 Littoral Distribution Services

(1) Territorial Scope of Services

The products offered to sale online on the Website are delivered within most countries. The territorial scope of each sale may vary according distribution agreements entered into between Littoral Distribution and each list supplier, as well as according delivery options.

(2) Stock and availability

The products offered to sale online on the Website are made available under average availability and delivery time periods, which are indicated beforehand for information purposes only. This information will be updated on a regular basis. Any product bearing the mention “in stock” means Littoral Distribution has this product in its own stock. The actual availability of a product may change at any time depending on the sales on the Website or on the supplier's stock of products (some products are supplied on a just-in-time delivery basis). Any product bearing the mention “available within x days” means that Littoral Distribution is usually expecting its supplier to provide the product to Littoral Distribution within that number of business days, notwithstanding the supplier's actual availability. From times to times, some mistakes or changes may occasionally occur. Any product bearing the mention “available on XX/XX/XXXX” means that Littoral Distribution expects to receive the product at its warehouses at this date. This date is not the date of delivery of the product to the Buyer at its shipping address. Littoral Distribution waives and declines all liabilities should the average availability or delivery time periods of any or all products is modified later on. Should the product be unavailable at the date and time of its purchase, Littoral Distribution undertakes to contact the Buyer as soon as reasonably possible, by phone or email. The Buyer may choose to carry on with his/her purchase without the missing product (when an order includes several products) or to cancel it. Littoral Distribution will reimburse the Buyer on the bank account used for the purchased, within a maximum fourteen-day (14-day) time period from the Buyer's purchase. For pre order products, the Buyer accept that the package may be sent more than 30 days after completing the order (see stock availability in product descriptions)

(3) Products specifications

The products offered to sale online are described and presented in the most accurate way reasonably possible. However, Littoral Distribution declines any and all responsibility should such presentation includes some mistakes or omissions. All photographs and supporting documentation are merely informative and non-binding.

(4) Price

The prices of our products are indicated in Euros, all taxes included, and are firm and fixed on the www.wickelfischfrance.fr website. Said prices do not include shipping and other delivery and processing costs, which will be additionally invoiced and indicated before the Buyer confirm his/her purchase. Littoral Distribution reserves its right to change its prices at any time without further notice. The products will be invoiced to the Buyer as they stand registered at the date and time of the confirmation of the order. We are regularly carrying out maintenance operations on our Website, which may lead to display errors of the prices. Should it be the case, the order shall not be executed and we will contact the Buyer to cancel the purchase as soon as reasonably possible. The products remain Littoral Distribution's property until full payment.

§ 3 Purchasing process and orders

(1) Requirements prior to any purchase

The Buyer must be legally entitled to carry on the purchase, or enjoy parental leave to do so on the Website.The Buyer shall provide accurate and complete information.

(2) Purchasing process

Choice of articles and add to cart – Validation of the shopping carts content – Identification on the Website to check whether the Buyer is already identified or not – Choice of the delivery option – Choice of the payment means and consent to the T&Cs – Validation of payment. The Buyer may order its online purchase on the Website. Data provided by the Buyer and registered by Littoral Distribution during the purchase constitute admissible evidence of the transactions made between Littoral Distribution and the Buyer. The last validation after filling in the purchase order is deemed to be the confirmation of the purchase by the Buyer, and creates an obligation to pay the purchase. This last validation is admissible evidence of the Buyer's undertakings to enter into the purchasing process and to confirm definitively its order. This last validation entails unredeemable consent to these T&Cs: the Buyer must acknowledge and agree he/she has read, understood and agreed to the T&C. The parties are deemed to have effectively entered into a purchase agreement in English from the moment Littoral Distribution sends a confirmation email with the registered details of the purchase. After the order has been registered, a detailed invoice, which may be printed at the Buyer's discretion, will be available on the Website in the “my account” tab. Littoral Distribution reserves the right to refuse to deliver or to execute a purchase agreement in any case the Buyer has not partially or totally paid a prior order, or should a payment dispute subside between the parties.

(3) Order processing

Any order made before 2 pm (express delivery) or noon (standard delivery) from Monday to Friday (public holidays excluded) will be prepared and sent the same day, should all purchased products be in stock and provided the payment is confirmed. Littoral Distribution do not ensure delivery on Saturday for any and all orders made after 2 pm (express delivery) or noon (standard delivery) on Thursday and sent by our carriers. Any and all order made during the weekend will be processed starting from the first following business day. Any and all delivery time periods shall only start from the moment the packages have left our warehouse's premises. Our logistics department will only be open during week business days.

§ 4 Payment

Littoral Distribution accepts different means of payment. Purchases may be paid in Euros on the www.wickelfischfrance.fr. The full price must be paid immediately after the purchase by the Buyer, who undertakes to pay the indicated price for the purchased article(s), including the price of the articles, the shipping costs and all other order-processing costs. As a measure to prevent internet fraud, Littoral Distribution reserves its right to request a copy of your ID card and a proof of residency for any payment.

(2) Payment by card

Only the following cards are accepted as means of payment: CB, Visa, Eurocard, Mastercard. The card is debited upon validation of the purchase. The Buyer represents and warrants the Buyer that it has all requested authorizations to use card as the means of payment when ordering. Littoral Distribution uses its best reasonable endeavours to ensure the security and the confidentiality of the data processed on the Website (including during the online payment). To this end, the Website uses SSL-encrypted (Secure Socket Layer) distance payment services where your date is never transferred in the network in plain text. Moreover, the transaction is made through the e-transaction banking platform of the Crédit Agricole, which alone has access to the confidential data (card number, validity date) provided by the Buyer upon payment. In order to optimize card transactions as much as possible, the Website uses the 3DS system, which is software created by Visa and Mastercard. Upon providing it your bank information, this software will open a pop up tab where you will be requested to type down your 3D secure code. This code will allow you to identify yourself and to authenticate that the payment is really made by the actual cardholder. Thus, even if your banking details were stolen or obtained in any way whatsoever, they could not be used without knowing your personal authentication code.

(3) Payment by PAYPAL

Paypal is a payment service provider specialized in issuing electronic money between the Buyer and a third party. Paypal warrants the confidentiality of the Buyer’s banking details. For instance, the Buyer’s banking details are never transmitted to Littoral Distribution. Paypal encrypts and protects the card number. The Buyer pays online by giving its email and password.

(4) Payment by bank transfer

When you opt for a bank transfer as means of payment, our bank transfer information will be displayed. The payment must absolutely be made in Euros. We will wait to receive your payment before preparing and sending you your purchase. The ordered products are reserved from the moment we receive your payment. Should you proceed to a payment by check, money order or bank transfer, the shipping time periods will only start running from the effective moment we receive your payment. We ask you to include in your payment your order number.

§ 5 Delivery

The products are delivered to the shipping address mentioned during the purchasing process for all destinations listed in article 3 here above. Littoral Distribution waives all liabilities should a mistake in the wording of the shipping address make the delivery impossible. In this case, the new delivery costs will be due by and invoiced to the Buyer at their real amount. Littoral Distribution undertakes to deliver the ordered products as fast as possible depending on the selected means of delivery and on the articles’ availability. Delivery time periods indicated on the Website are the usual averages and include the total delivery time period for processing and delivery. When you order several products at the same time, and that their delivery time periods are different, the actual delivery time period may be the longest delivery time period, as the order is processed as a whole only when all products included in it are in Littoral Distribution’s stocks. In case of multi shipping, the date of delivery may vary depending on the availability of each product. Delivery is deemed successful upon handing it over to the Buyer. The delivery note filled in by the carrier, dated and signed by the Buyer upon delivery of the order, constitutes proof for all maters regarding transportation and delivery. Please note that the parcels amounting to less than 100 euros, which are delivery by Colissimo, Mondial Relay or Relais Colis are delivered without signature.

After ordering, the consumer can contact Littoral Distribution customer service at : +33 (0)6 22 56 46 32

For pre order products, the Buyer accept that the package may be sent more than 30 days after completing the order (see stock availability in product descriptions)

(1) Delivery delays

Should any delivery be delayed, or should the carriers have lost parcels, the Buyer must notify Littoral Distribution by email or by phone within the ten (10) days following he/she received the email confirmation of the purchase. We will help you to take the necessary steps with the carriers. Please note that should any issue occur during a So Colissimo delivery, investigation may take a long time and last up to one month.

(2) Delivery in your absence

Should the recipient be absent upon delivery, the carrier will leave a non-delivery notice at the shipping address indicated by the Buyer. The purchase will have to be collected at the address and according to the procedures indicated by the carrier. Should the purchase not be collected within the time periods set by the carrier, it will be returned to Littoral Distribution, which reserves its right to request reimbursement of the delivery price, and the Buyer will incur the new delivery costs.

§ 6 Customer Services and Legal Insurances

(1) Commercial warranty

The Buyer enjoys free manufacturer’s guarantee for each product. Littoral Distribution waives and declines any and all liability resulting from misuse and/or overuse of the articles by the Buyer. Please find here below the procedure to try and apply for a contractual guarantee request before our customer services:

1- We will ask you to send us a picture, even if the defect cannot be seen, along with a precise description of the issue, by email at info@littoraldistribution.fr. Please indicate your order number.

2- We will send you an email back with the return notice.

3- You will send us the actual product along with the return form and a copy of the purchase invoice. Return shipping costs will be at your own expense.

4- Upon receiving your parcel, we will send it back to the manufacturer.

5- The manufacturer will carefully examine the product to process whether its own customer services will take on the return. By doing so, it checks the defect does not result from abnormal use of the product.

6- Littoral Distribution will notify you of the manufacturer’s decision. PLEASE do take note that, should a customer services accept your request, Littoral Distribution applies but the manufacturer’s policy. If the manufacturer repairs or exchange the product, we will send it back to you, and if the manufacturer sends us a credit, we will make you a credit note, and not a reimbursement. For informative purposes, processing of your request by customer services may take 4-8 weeks.LITTORAL DISTRIBUTION’s customer services provide this service in order to help the Buyer by taking care of his/her claim on his/her behalf before LITTORAL DISTRIBUTION’s manufacturers. Accordingly, please refer to the products’ manufacturer policy for the duration and the territorial scope of each manufacturer’s warranty.

(2) Legal guarantees

All products offered to sale by Littoral Distribution shall be of satisfactory quality and be fit for their usual purpose as required by consumer rights law. To benefit from one of these guarantees, the Buyer must contact Littoral Distribution by email at info@littoraldistribution.fr, by phone at +33 6 22 56 46 32 plus your telephone service provider’s fee for EU calls) or by registered mail with acknowledgment of receipt to : Littoral Distribution 18 rue Pasteur F-68130 Zaessingue.

Please note that due to the legal guarantee of conformity, the consumer:

• Enjoys a two-year time period from the product delivery to make its claim against the seller;

• May choose between repair or replacement of the product, pending application of the cost conditions established by article L.211-9 of the French consumption code;

• Does not bear the burden of proof of the conformity defect of the product during the first six months following the product delivery..

This time period is extended from 6 to 24 months from March 18, 2016, save for the second-hand products. The legal guarantee of conformity applies separately from the commercial warranty that might apply to your product. It is reminded that the consumer may make a claim based on the legal guarantee against the hidden defects of the sold product pursuant to article 1641 of the French civil code, and in that case, it may choose to rescind the sale or to obtain a discount on the sale’s price, pursuant to article 1644 of the French civil code, without prejudice of the other remedies provided by statutory obligations in other countries’ laws.

(3) Exceptions

Contractual warranties do not cover abnormal use or non-compliant use of the products. We invite you on that matter to read carefully the operating instructions provided with the products. They do not cover either the defects and consequences of defects due to use of the product which is not fit for its purpose, as well as defects and consequences of defect due to any external cause.

§ 7 Transfer of ownership

Any order will remain Littoral Distribution’s property until full and entire payment of the purchase by the Buyer. Transfer of title and risks to the Buyer is effective as from the product delivery by Littoral Distribution to the carrier.

§ 8 Personal data

Personal data requested by Littoral Distribution is necessary to process the Buyer’s order. According to the “Computer & Liberties” Act of January 6, 1978, the processing of these personal data has been declared to the French Data Protection Authority (CNIL) under no.1319671. The Buyer has at all times the right to access, change, correct and erase Littoral Distribution’s data relating to him/her. He/she may use it by sending its request by email, through the contact form available on the Website.

Depending on the choices made by the Buyer during the creation and modifications of its account, he/she is likely to receive commercial information and prospects from Littoral Distribution and other companies. The Buyer may at all times decide not to receive these commercial information and prospect from Littoral Distribution, either by changing its mind on the Website in the “My Account” tab, or by a specific email request through the contact form available on the Website. .

Personal data processing operated to carry on the processing of the purchase will lead us to transfer your data to third parties, to know more about this, please feel free to visit our webpage dedicated to cookies.

§ 9 Intellectual property

All text data, photos, comments, works, graphics and pictures reproduced on the Website belong to Littoral Distribution. Therefore, it is expressly forbidden to reproduce, download, copy or use them, in whole or in part, for commercial purposes, worldwide, without Littoral Distribution’s prior consent. All rights are reserved.

§ 10 Liabilities

Littoral Distribution declines and waives any and all liability should the Buyer provide Littoral Distribution with inaccurate and/or incomplete information. The products offered on the Website comply with current French laws and regulations. Littoral Distribution declines and waives all liabilities due to poor execution or material breach of the contract binding the parties in case of force majeure, of any occurrence of an event attributable to the Buyer, or in any event of foreseeable damage or harm inherent to the use of Internet. Littoral Distribution declines and waives all liabilities for all indirect damages that may come from the use of the products.

Photos, pictures and third-party descriptions along the products have no contractual value and shall not give rise to any liability of any kind for Littoral Distribution. Please refer to the manufacturer’s product information, which is the only legally binding information for the purposes of the transaction. LITTORAL DISTRIBUTION exercises all reasonable precautions and due diligence as to the accurate reproduction of the information provided by the manufacturers of the goods on its Website.

The Website being hosted by a third-party service provider, Littoral Distribution declines and waives all liabilities in case of any downtime, bugs, inaccuracies or omissions in the information available on the Website, or any damage or data alteration resulting from security breach by a third party. Littoral Distribution will make its best reasonable efforts to provide you with access to the Website, browsing the Website, filling in forms, making an order, products delivery or any other service.

§11 Applicable Law and dispute resolution

These T&C are executed and interpreted pursuant to French laws and regulations. However, pursuant to article 6-2 of the EC Regulation no.593/2008 of June 17, 2008, these T&C may not prevent the execution of customers country’s laws and regulations which are more favourable to the consumer and which cannot be derogated from by agreement by virtue of law, provided that the Buyer has its usual residence outside of France. Prior to any dispute, the parties will search for an amicable solution rather than any kind of legal action. We kindly ask you to contact our customer services by email at info@Littoraldistribution.fr or by phone at +33 6 22 56 46 32. Our operators are available Monday to Friday from 9 a.m. to 7 p.m. Paris time (GMT+1). .

Our company has adopted the FEVAD’s professional code (Federation of e-commerce and distance selling) and its dispute resolution system. For more information, you may go to http://www.fevad.com/espaceconsommateurs/lesreclamationsetlesrecours. Should it be impossible to reach an amicable solution, Littoral Distribution and the Buyer (as a consumer with its usual residence outside of France for the latter) are entitled to file any and all claims either before the French competent courts in the jurisdiction of Littoral Distribution’s headquarters.

§12 Trustpilot

When placing your order, you give us your consent to send scoring reminders by Email. We will use your email address provided during the order to send you an evaluation reminder by email. The consent may be revoked at any time by sending a message to the contact option described below with effect for the future. In other cases, evaluation requests are sent in return for a free membership and therefore form an integral part of the membership contract. In these cases, the data processing is necessary for the execution of the contract and is therefore based on art. 6 al. 1 sentence 1 sentence 1 lit. b GDPR. .