General terms and conditions of sale

The Ubac website, managed by SAS SIMA (hereinafter referred to as "the Vendor"), makes products or services (hereinafter referred to as "Products" or "Services") available to its Customers via its website www.ubac-store.com (hereinafter referred to as the "Site"). It is hereby specified that these General Terms and Conditions of Sale (hereinafter the "GTC") govern exclusively the sale of Products or Services on the Site.

Coordinates

Adress: SAS SIMA - 03250 Saint-Nicolas-des-Biefs, France 

Phone number: 07 61 05 19 91
Email: contact@ubac-store.com

The Internet user visiting the Site and who is potentially interested in the Products and Services offered, is invited to read these GTC carefully. They are invited to print them and/or save them on a durable medium before placing an order on the Site. The Customer acknowledges having read the GTC and accepts them in full and without reservation.

The Seller reserves the right to modify the GTC at any time by publishing a new version of the latter on the Site. The GTC applicable to the Customer are those in force on the day of his order on the Site. This Site offers the online sale of sneakers. Access to the Site is free for all Customers. The Customer declares that he/she has read and accepted these GTC by checking the box provided for this purpose before the online ordering procedure is carried out. The fact of checking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTCs assumes that the Customer has the legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorization of a guardian, curator or legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.

Article 1 - Prices and payment terms

1.1 - Pricing

The prices of the Products are indicated in euros including all taxes (TTC).

For an order of less than 50€, the prices are exclusive of shipping costs which remain extra. The latter will be brought to the attention of the buyer on the summary screen before final validation of the order.

For deliveries to French overseas departments and territories and outside the European Union, customs duties, other local taxes, import duties or state taxes may be payable upon entry into the country. These duties are not the responsibility of UBAC. They are the sole responsibility of the buyer in terms of declarations and payments to the competent authorities of the country concerned.

Ubac reserves the right to modify its prices at any time and to pass on, if applicable, any change in the current VAT rate to the price of Products or Services offered on the Site. However, the products will be invoiced on the basis of the prices in effect at the time of the order validation.

2.1 - Customer account

The creation of a customer account is not necessary before placing the order. However, the Customer undertakes to provide truthful and accurate information concerning his civil status and contact details, in particular his email address, when ordering.

2.2 - Methods of payment

The Customer can place an order on the present Site and can pay by credit card. No data relating to the Customer's means of payment is collected by the Site. Payment is made directly to the bank or payment service provider receiving the Customer's payment.

The purchase orders and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

2.3 - Orders

The Customer can place an order on the Internet: www.ubac-store.com.

The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of your order validation.

2.4 - Payment delays

The price is payable in full on the day of the order.

The Customer declares to have read and accepted the present General Conditions of Sale before placing the order. The validation of his order is therefore acceptance of these Terms and Conditions of Sale.

The availability of Products is indicated on the Site, in the description of each Product. In the event of unavailability of product after placing the order, the Customer will be informed. The order will be automatically cancelled and no bank debit will be made.

5.1 - General information

The products are delivered to the delivery address that the Customer will indicate during the ordering process, unless delivery restrictions are indicated on the order validation page by the Customer.

The items offered for sale on www.ubac-store.com can be delivered to the following destinations

• Metropolitan France
• Belgium
• Germany
• Luxembourg
• Netherlands
• Austria
• Ireland
• Italy
• Portugal
• Spain
• Switzerland
• United Kingdom
• Denmark

5.2 - Delivery times

The delivery time corresponds to the shipping time indicated on the Article sheet plus the processing and routing time.

In the event of delivery by a carrier requiring an appointment with the customer, the carrier will contact the customer as soon as possible to arrange a delivery appointment, 30 days at the latest from the date of your order validation. Ubac cannot be held responsible for delays in delivery due exclusively to the unavailability of the customer after several proposed appointments by the carrier.

In the case of orders for several products at the same time and that they have different delivery times, Ubac reserves the right to split the shipments. The cost of processing and shipping will only be invoiced for one shipment.

In case of payment by credit card or private card and split deliveries, only the shipped products are debited.

The customer is reminded that when he (or a third party designated by him) takes physical possession of the products ordered, the risks of loss or damage to the products are transferred to him.

5.3 - Terms of delivery

The delivery of the orders is ensured by carrier Colissimo (La Poste) or Mondial Relay. As of the confirmation by e-mail of the order, the customer is delivered at home or in point relay within 4/5 working days.

The order is delivered in a letter box or by hand. In case of absence or impossibility of delivery of the parcel, the letter carrier leaves a notice of passage mentioning the date and the address of the post office where the customer will be able to withdraw his parcel on presentation of an identity paper.

From the date mentioned on the notice of passage, the customer has 15 days to withdraw his parcel.

 
Article 6 - Errors and delays in delivery

If the Customer's package is returned to the Seller by the Post Office or other postal service, the Seller shall contact the Customer upon receipt of the returned package to ask him/her what to do with his/her order.

The request will have to be written on its part, sent by registered letter with acknowledgement of delivery if after having enjoined the Salesman to carry out the delivery it did not carry out.

The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid. The present clause does not apply if the delay in delivery is due to a case of force majeure.

In case of reservations about the delivered product (for example: damaged package, already opened...), the Customer must immediately notify the carrier and Ubac.

The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods.

If the Customer fails to comply with these instructions, the Customer shall not be entitled to exercise its right of refusal, and the Seller shall not be obliged to grant the Customer's request to exercise its right of refusal.

Article 8 - Transfer of ownership - Transfer of risks

All risk of loss of or damage to the goods passes to the consumer when the consumer or a third party designated by the consumer, other than the carrier proposed by the trader, takes physical possession of the goods.

9.1 - Legal time limit for the right of withdrawal

In accordance with the legal provisions in force (Article L.221-18 of the Consumer Code), the Customer has a period of 30 days from receipt of the goods to exercise his right of withdrawal without having to give reasons or pay penalties.

In case of exercising the right of withdrawal within the above-mentioned period, the returns in Metropolitan France are free of charge (excluding accessories).
The returns must be made to allow a new marketing of the product. In case of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the Customer may be incurred.

To exercise his right of withdrawal, in accordance with the legal provisions, the Customer can :

1. Fill out the Returns & Exchanges form on the link here
2. Please find attached in Annex 2 the standard retraction form to be sent to Ubac at the following address Ubac 03250 Saint-Nicolas-des-Biefs, France.
   

9.3 - Terms of withdrawal - Outside Metropolitan France

In the event of exercising the right of withdrawal, for orders outside of Metropolitan France, within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, with the return shipping costs remaining the responsibility of the Customer.

The returns must be made to allow a new marketing of the product. In case of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the Customer may be incurred.

To exercise his right of withdrawal, in accordance with the legal provisions, the Customer can :

1. Fill out the Returns & Exchanges form on the link here
2. Please find attached in Annex 2 the standard retraction form to be sent to Ubac at the following address Ubac 03250 Saint-Nicolas-des-Biefs, France.

 
Article 10 - Guarantees

10.1 - Product compliance

In accordance with the provisions of the legal guarantees of conformity and hidden defects (referred to in the box below and whose texts are specified in Appendix 1 of these conditions), Ubac will refund or exchange the products apparently defective or not corresponding to the Customer's order. The Customer must then contact the Seller as soon as possible.

The products must be returned in the state in which the Customer received them with all the elements (accessories, instructions...) in a packaging allowing a transport in good conditions. The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts. It is recalled that under the legal guarantee of compliance, the consumer :

• has a period of two years from the date of delivery of the goods to take action against the seller;
• may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to 24 months as of March 18, 2016, except for used goods.

The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods. It is reminded that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this Article.

Furthermore, Ubac cannot be held responsible for the non-execution of the contract in the event of a fortuitous situation, force majeure, disruption or total or partial strike of the postal services and means of transport and/or communications, flooding or fire. Ubac will not be held responsible for any indirect damage, operating loss, loss of profit, damage or expenses that may occur as a result of this contract.

All texts, comments, works, illustrations and images reproduced or represented on the Ubac website are strictly reserved under copyright law and intellectual property law for the entire world. As such, and in accordance with the provisions of the intellectual property code, only private use is authorized, subject to different and even more restrictive provisions of the intellectual property code. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly prohibited. The company names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the owner of the trademark.

• The customer may bring the matter before the court of the place where he is domiciled, or before the French courts,
• Ubac may bring the matter before the court of the place where the Customer is domiciled.

Mediation of consumer disputes
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may in any event have recourse to conventional mediation with existing sectoral mediation bodies or to any alternative dispute settlement method in the event of a dispute. In this case, the designated mediator is :

The personal information and data concerning the Customer are necessary for the management of his order and for commercial relations. They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and orders for their management, execution, treatment and payment. This information and data is also kept for security purposes, in order to respect legal and regulatory obligations and to allow Ubac to improve and personalize the services offered and the information provided.
The processing of information communicated through the Site has been declared to the CNIL under number 2107297.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and oppose any personal data concerning him. He/she may do so by writing to Customer Service or by mail to Ubac 03250 Saint-Nicolas-des-Biefs, France, indicating name, first name, e-mail address. In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the reply should be sent. A reply will then be sent to the Customer within 2 months of receipt of the request.
 

Opposition to telephone solicitation

When placing an order, you will be asked to provide your telephone number to facilitate delivery. In this respect, we remind you of your rights in terms of telephone canvassing. You have the possibility of registering on the "opposition list to the telephone approach" on the site: http://www.bloctel.gouv.fr

Article L. 217-4 Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.

1. Whether it is fit for the purpose ordinarily expected of similar property and, if so :

• if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
• if it has the qualities that a purchaser can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

1. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.

The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them.

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Appendix 2 - Withdrawal Form

In case of withdrawal of your order placed on Ubac, please complete and return this form - except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.