General terms of sale

ARTICLE 1 - PREAMBLE

These General Terms and Conditions of Sale (GTC) are entered into between:

On the one hand, UNI STRENGTH, a simplified joint-stock company with a capital of 1,000 euros, headquartered at 6 rue d'Armaillé, 75017 Paris, registered with the Paris Trade and Companies Register under number 894 900 372, subject to French VAT under number FR 21894900372, email: [email protected],

And on the other hand, any natural or legal person, consumer or professional, wishing to order product(s) and/or service(s) on the online store's website, hereinafter referred to as "the Customer".

These GTC apply to all sales made via the site, whether to a consumer (B2C) or a professional (B2B). Certain stipulations specific to B2B sales are identified as such.

Any order for product(s) and/or service(s) duly validated on the UNI STRENGTH online store website is subject to the Customer's full and unreserved acceptance of these terms. The Customer materializes the acceptance of these terms by electronic signature by clicking on the icon "I have read, understood, and accept these General Terms and Conditions of Sale". This electronic signature has the same value as a handwritten signature between the parties.

These General Terms and Conditions of Sale prevail over all other conditions.

UNI STRENGTH reserves the right to adapt and modify the General Terms and Conditions of Sale of the online store at any time. In the event of adaptation or modification, the conditions in effect on the day the order is placed will be applied.

The Customer has the right to print these General Terms and Conditions and to consult them at any time on the online store's website.

ARTICLE 2 - PURPOSE

The purpose of these conditions is to define the terms applicable to the distance selling contract entered into between UNI STRENGTH and the Customer, in particular the rights and obligations of each party.

ARTICLE 3 - PRODUCTS

3.1. Product Quality
The photographs in the electronic catalog illustrating the products offered for sale on the UNI STRENGTH online store website aim to describe and present the essential qualities of the items as accurately as possible. These photographs are not contractually binding. If errors have occurred, UNI STRENGTH's liability cannot be engaged under any circumstances.
In the context of a pre-order, UNI STRENGTH cannot be held responsible for changes in product quality, material, or price occurring between the time the pre-order is placed and the official release date of the product(s).

3.2. Product Availability
The products and/or services displayed for sale on the UNI STRENGTH online store website are available while supplies last.
Information regarding product availability is provided to the customer when placing the order. In the event of unavailability after placing the order, UNI STRENGTH will inform the customer by email or telephone and will offer either to provide replacement items with similar or superior characteristics and qualities at an equal or higher price, to cancel the order, or to refund the price if the customer's bank account has been debited.

ARTICLE 4 - THE ORDER

Order Process
The order is completed after the execution of the following five successive steps:

  • Item selection: The customer clicks on the "Add to cart" icon and verifies the specifics of the order (item, quantity, size, color, price, etc.) based on the photographs from the electronic catalog available on the online store website. The customer validates the choice of the selected product(s) using the "Validate my cart" icon. Information regarding product availability is provided when placing the order.

  • Customer identification: The customer logs in with their customer account. They provide their username and personal password. If they do not yet have a customer account, they proceed to create one. They fill in the designated fields on the site by providing their contact details with the following mandatory information: title, last name, first name, complete delivery address, valid and personal email address, and telephone number.

  • Choice of delivery method: In accordance with Article 7 of these General Terms and Conditions, the customer selects their preferred delivery method from the proposed options.

  • Order validation by the customer: After verifying the details of the order, its price, and correcting any errors, the customer definitively validates the order by clicking on the "Validate order" and "Proceed to payment" icons.

  • Payment of the order: After validating the order, the customer proceeds to pay for the product(s) under the terms defined in Article 6 hereof. The customer declares, on the one hand, to be using their personal card or to be duly authorized by the cardholder to proceed with the payment, and ensures, on the other hand, that this card provides access to sufficient funds to cover all costs resulting from the order.

Order Confirmation by UNI STRENGTH
Upon receipt by UNI STRENGTH of the purchase order placed by the customer (materialized by completing the five steps described above), UNI STRENGTH sends an order confirmation email to the address previously provided by the customer via their customer account. Sending this email results in the definitive formation of the sales contract between UNI STRENGTH and the customer. The customer's bank account is debited upon confirmation of the order validation. UNI STRENGTH reserves the right to refuse any order from a customer with whom a dispute exists.

ARTICLE 5 - PRICE

Prices are expressed in euros and include VAT at the rate applicable on the day the order is placed. UNI STRENGTH reserves the right to modify them, particularly in the event of a change in the VAT rate.
The product price is the price displayed at the time the order is placed and does not include shipping and processing fees, the amount of which is indicated to the customer before the definitive validation of the order.
The price billed to the customer is expressed inclusive of all taxes. It includes the price of the product(s) selected by the customer, as well as the delivery, handling, packaging, and preservation costs thereof.

ARTICLE 6 - PAYMENT

The price of the products is payable in full on the day of the actual order, exclusively by credit card. The accepted credit card networks are Visa and Eurocard/Mastercard.
To proceed with the payment, the customer provides their credit card number along with the expiration date and the last three digits of the security code on the back of the card.
The customer's bank account is debited after UNI STRENGTH has sent an order confirmation email.

Security and Data Confidentiality
The online store website utilizes the UNI STRENGTH secure payment system. This system uses Secure Socket Layer (SSL) technology, which ensures the integrity and confidentiality of the data provided by the customer through encryption techniques.
At no time does UNI STRENGTH have access to confidential payment information (card number, expiration date, security code). Bank details are therefore requested from the customer for each new order.

Retention of Title Clause
UNI STRENGTH retains full ownership of the products sold until the effective, complete, and irrevocable payment of the order price, including principal and accessories, by the Customer. Any payment made by credit card is considered acquired by UNI STRENGTH only upon expiration of the applicable Visa/Mastercard dispute period, or upon final closure of any bank dispute procedure (chargeback) initiated by the Customer or their bank.

In the event of a chargeback procedure initiated by the Customer or maintained after delivery, UNI STRENGTH reserves the right to:

  • Suspend delivery or demand the return of the products, which remain its property.

  • Invoice the Customer for all logistical costs (return, storage, reshipment) generated by the said procedure.

  • Claim actual payment of the order price via an irrevocable SEPA bank transfer, regardless of the resolution of the Visa/Mastercard dispute.

The professional Customer expressly waives any bank dispute procedure (chargeback) for B2B orders placed on the site, except in cases of proven merchant fraud. Any violation of this waiver constitutes a contractual fault giving rise to damages.

Younited
UNI STRENGTH offers its customers the Younited credit service for the settlement of their purchases and the execution of payment. This is contingent upon the customer's acceptance of the credit contract proposed by Younited.
UNI STRENGTH (ORIAS number [to be completed]) acts as a banking operations intermediary for Younited. UNI STRENGTH assists in carrying out credit operations.
Any refusal by Younited to grant credit for an order may result in the cancellation of said order.
Any termination of the GTC linking the customer and UNI STRENGTH results in the termination of the credit contract between Younited and the customer.
The amount is paid via credit granted by Younited, registered with REGAFI under number 13156, authorized as a credit institution by the Prudential Control and Resolution Authority (ACPR) - 4 Place de Budapest - CS 92459 - 75436 PARIS CEDEX 09 - www.acpr.banque-france.fr.
If you wish to file a complaint, please refer to the information detailed on the Younited website: https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf

About Younited: Younited is a credit institution, partner of [partner's name], which manages the installment payment solution offered on the site. Learn more
FAQ: Visit the "Frequently Asked Questions" page to learn more about using Younited Pay. Learn more

ARTICLE 7 - DELIVERY

After confirmation of the full and effective payment of the order by the banking payment center, UNI STRENGTH commits to delivering the order to its carrier within a maximum of 30 days after the conclusion of the contract.
UNI STRENGTH delivers packages in Metropolitan France, Corsica, and a large number of foreign countries.
Regarding deliveries outside Metropolitan France, the customer acknowledges being expressly informed that they are responsible for all declarations of products shipped by UNI STRENGTH to the competent authorities. The customer commits to paying all taxes due for the importation of products, customs duties, VAT, and more generally all taxes due under the regulations of the country receiving the order.
Delivery is deemed completed upon physical handover of the goods to the customer by the carrier.
The customer is expressly informed that it is their responsibility, upon delivery of the package, to check the general condition of the product(s) (damage, defective or damaged package, etc.) as well as its content, and to ensure that it matches their order (quantity, etc.).
Any claim must be made by the customer expressly and in writing via the delivery slip included in the package or via the downloadable form on the online store website within three days following delivery.
UNI STRENGTH or a third party designated by it will contact the customer and process their claim as quickly as possible, indicating the package return procedure.
UNI STRENGTH cannot be held liable for delayed or failed delivery resulting from the customer providing a false or incorrect address, or an address where delivery proves impossible.
Risks associated with the goods are transferred to the customer when they, or a third party designated by them, other than the carrier proposed by UNI STRENGTH, takes physical possession of the products.
Conversely, when the customer entrusts the delivery of the goods to a carrier other than the one proposed by UNI STRENGTH, the risk is transferred upon handover of the product(s) by UNI STRENGTH to the carrier.
If the order is not shipped by UNI STRENGTH within 30 days, the customer may request the termination of the contract and a full refund of the price by registered letter with acknowledgment of receipt, subject to a force majeure event.
Delivery times cannot be guaranteed in the event of force majeure, including but not limited to strikes, war, riots, and fires.

ARTICLE 8 - WITHDRAWAL AND RETURN POLICY

In the context of a distance selling contract entered into on the online store website, the customer has, without having to justify their decision, a period of 14 days to exercise their right of withdrawal starting from the receipt of the goods by the customer or a third party designated by them, other than the carrier.
However, the customer cannot exercise their right of withdrawal on any products made to the customer's specifications or clearly personalized, on items liable to deteriorate or expire rapidly, or on contracts for the supply of a newspaper, periodical, or magazine.
The customer exercises their right of withdrawal by completing the form provided for this purpose included in the package or available on the online store website. UNI STRENGTH will promptly acknowledge receipt of the customer's exercise of the right of withdrawal by sending an email to the address provided by the customer.

Return of Products Subject to the Right of Withdrawal
The product(s) must be returned by the customer no later than 14 days following the communication of their decision to withdraw, to the following address: Efilog Logistique, 35370 Torcé, France.
Return shipping costs are borne by the customer. It is recommended that the customer return their package via registered mail with acknowledgment of receipt, Colissimo, or any other method that allows tracking of the package.
The customer agrees to return the product in its original packaging, complete (accessories, manuals, label still attached to the product, etc.), clean, unused and unworn, undamaged, and accompanied by the duly completed return slip (provided in the package).
If the customer fails to comply with these conditions, particularly if the product's value has been depreciated by handling other than what is necessary to establish the nature, characteristics, and proper functioning of the item, UNI STRENGTH may refuse to refund the customer. In this case, the product will be shipped back to the customer at UNI STRENGTH's expense without the customer being able to demand any compensation or right to refund, with the exception of the subsequent exercise of their warranty rights on the goods sold.

Fees and Refunds
UNI STRENGTH commits to refunding the consumer the total amount paid at the time of the order, namely the price of the product(s), upon recovery of the goods or as soon as the customer has provided proof of shipment of these goods, the date chosen being that of the first of these facts, provided the products are received under the conditions described in the previous paragraph.

ARTICLE 9 - EXCHANGE POLICY

UNI STRENGTH does not perform any product exchanges.
However, the customer is reminded that they can exercise their right of withdrawal in accordance with Article 8 hereof and then place a new order on the website.

ARTICLE 10 - LEGAL WARRANTY OF CONFORMITY

UNI STRENGTH commits to delivering goods conforming to the contract and is liable for any lack of conformity existing upon delivery. It is also liable for any lack of conformity resulting from packaging.

The good conforms to the contract:

  • If it is fit for the use usually expected of a similar item.

  • If it matches the description given by UNI STRENGTH and possesses the qualities presented to the buyer in the form of a photograph.

  • If it presents the qualities that a buyer can legitimately expect given the public declarations made by UNI STRENGTH, particularly in advertising or labeling.

  • Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special requirement sought by the buyer, made known to UNI STRENGTH, and accepted by the latter.

In the event of a lack of conformity, the customer can choose between repairing or replacing the good. Whichever option the customer chooses, they must return the good to the following address: Efilog Logistique, 35370 Torcé, France.
Replacement or repair of the good takes place at no cost to the customer. If repairing or replacing the good proves impossible, the customer may return the item and receive a full refund, or keep the item and receive a partial refund.
The price refund takes place within a maximum period of 14 days from the receipt of the good by UNI STRENGTH or a third party designated by it, via bank transfer to the account provided when the order was placed, provided the good is indeed non-conforming.

ARTICLE 11 - LIMITATION OF LIABILITY

UNI STRENGTH is strictly liable to the customer for the proper execution of the obligations resulting from the contract concluded at a distance, without prejudice to its right of recourse against its service providers.
However, it may be wholly or partially exempt from liability by proving that the non-execution or improper execution of the contract is attributable either to the customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to an event of force majeure.

ARTICLE 12 - INTELLECTUAL PROPERTY AND COMPETITION

The online store website, its entire content (in particular texts, works, visual elements, and the underlying technology appearing on the site), as well as all related rights, are the exclusive property of UNI STRENGTH and are protected worldwide by copyright and intellectual property laws.
Any full or partial reproduction of the site and any links directing to the online store website are systematically subject to the authorization of UNI STRENGTH. In the absence of authorization, UNI STRENGTH reserves the right to take all legal actions against the offender.
The products and/or services offered on the online store website are intended for the personal use of customers. Customers or recipients of the products are prohibited from any partial or total resale of said products.

ARTICLE 13 - PERSONAL INFORMATION

During the purchasing process, the customer must fill in the mandatory fields marked with an asterisk; otherwise, their order will not be validated. This information is collected solely for the purpose of distance selling.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the processing of personal information relating to customers has been declared to the National Commission for Data Protection and Liberties (CNIL).
The customer is informed that they have the right to access, modify, rectify, and delete personal data transmitted to UNI STRENGTH at any time. To exercise this right, the customer submits their request to the email address indicated at the top of these terms.
UNI STRENGTH commits not to disclose information provided by the customer to third parties.
The personal data transmitted by the customer is used to process their order and to enhance and personalize the communication of products reserved for UNI STRENGTH customers, particularly through newsletters.
The customer may unsubscribe at any time. UNI STRENGTH will process this within a maximum of 2 business days. However, when the customer accesses the online store website from certain UNI STRENGTH partner sites identified as such, data concerning them may exceptionally be communicated to the latter. If the customer does not wish this, they must notify UNI STRENGTH when placing their order.

ARTICLE 14 - SPECIFIC CONDITIONS FOR BUSINESS-TO-BUSINESS (B2B) SALES

When the Customer acts as a professional, the following stipulations apply in addition to or in substitution for the other clauses herein:

  1. Firm and non-refundable nature: Any order validated by a professional Customer is firm and non-refundable. The right of withdrawal provided for in Article L221-3 of the Consumer Code does not apply to sales between professionals.

  2. Waiver of chargeback: The professional Customer expressly waives any bank dispute procedure (Visa/Mastercard chargeback) on transactions carried out within the scope of their professional activity.

  3. Irrevocable payment: Payment is final upon validation of the order. Any validated order must be paid in full and irrevocably.

  4. Logistical costs: Transportation, return, storage, and reshipment costs generated by the professional Customer (in particular refusal of delivery, change of address, abusive bank dispute) are fully at their expense.

  5. Vienna Convention: International B2B sales are governed by the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG), to which the parties expressly submit the contract.

  6. Jurisdiction clause: Any dispute relating to the formation, execution, interpretation, or termination of these GTC falls under the exclusive jurisdiction of the Paris Commercial Court, notwithstanding multiple defendants or third-party claims, including for emergency or protective procedures in summary proceedings or by petition. This clause also applies to professional Customers established in another Member State of the European Union, in accordance with Article 25 of Regulation (EU) No 1215/2012 of December 12, 2012 (Brussels I bis).

  7. Applicable law: B2B sales are governed by French law, in accordance with Article 4.1.a of Regulation (EC) No 593/2008 of June 17, 2008 (Rome I).

  8. Non-disparagement: The professional Customer agrees not to publicly damage the image, reputation, or activities of UNI STRENGTH, particularly on social networks and public platforms. Any violation of this clause gives rise to damages.

ARTICLE 15 - ELECTION OF DOMICILE

UNI STRENGTH elects domicile at its registered office indicated at the beginning of these terms. The customer establishes their domicile at their primary residence.

ARTICLE 16 - APPLICABLE LAW

The parties submit these general terms and conditions of sale to French law.

ARTICLE 17 - DISPUTE RESOLUTION

For consumer Customers (B2C): UNI STRENGTH and the consumer Customer will make their best efforts to resolve their dispute amicably and may submit it to a consumer mediator before any referral to a judge. Failing an amicable settlement, the dispute will be submitted to the competent courts in application of general law rules.
For professional Customers (B2B): In accordance with Article 14 hereof, any dispute falls under the exclusive jurisdiction of the Paris Commercial Court, by application of a jurisdiction clause enforceable between professionals.