General Terms and conditions of sale
The company MyCoach (hereinafter: "MyCoach") creates, markets, and distributes the MyCoach Tracker hardware and software solutions.
To better respond to the requests of customers wishing to purchase online the products of MyCoach Tracker range (hereinafter referred to as the "Product" or the "Products"), the company MyCoach registered with the RCS of Bastia under the number 525 223 715, established at ZAC DE CAMPO VALLONE 20620 BIGUGLIA - FRANCE, has created and publishes the merchant website accessible at the address www.mycoachtracker.com (hereinafter referred to as the "Site").
Orders and sales of Products on the Site are exclusively intended for customers who are natural persons and non-professional buyers (hereinafter the "Client" or the "Clients").
All orders and sales made on the Site are subject without restriction or reservation to these General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions of Sale"), which shall prevail over all other documents or contractual provisions, regardless of their form or nature.
The General Terms and Conditions of Sale are written exclusively in French on the Site.
In the event of contradiction or difficulty of interpretation between different versions of the General Terms and Conditions of Sale appearing on the Site, the French version shall prevail over all other versions in foreign languages.
The address of MY COACH warehouses to which the Products may be returned is as follows: MyCoach c/o Transcan, 4789 1ere avenue, Dépôt 7, ZI de Carros - 06510 LE BROC, France.
Under no circumstances shall the Products be returned to the Customer Service address or to the registered office of MyCoach.
The Customer acknowledges having been informed, prior placing the order and the conclusion of the contract, in a legible and comprehensible manner of these General Terms and Conditions of Sale and of all the information required by Article L.221-5 of the French Consumer Code.
ARTICLE 1: Purpose and scope of the General Terms and Conditions of Salee
The General Terms and Conditions of Sale specify the terms and conditions for the online sale of the Products offered on the Website as well as the rights and obligations of the Customer and MyCoach (hereinafter individually referred to as a "Party" or together as the "Parties") in the context of these sales.
The General Terms and Conditions of Sale are autonomous and apply only to orders and sales made on the website "www.mycoachtracker.com". They are distinct from the terms and conditions of sale applicable in other distribution or marketing channels (notably sales in shops) and distinct from any contractual agreement applicable between MyCoach and its professional customers.
To order the Products proposed on the Site, the Customer must accept the General Terms and Conditions of Sale when validating his/her order by ticking the box «I accept the General Terms and Conditions of Sale».
The General Terms and Conditions of Sale accepted by the Customer constitute a legally binding contract between the Customer and MyCoach.
MyCoach reserves the right to modify its General Terms and Conditions of Sale at any time. The modified General Terms and Conditions of Sale will be applicable from the day of their online publication and the General Terms and Conditions of Sale applicable to the Customer's purchase are those in force on the day of placing the order on the Website, to the exclusion of all other versions, whether they are previous or later.
In case of a request from the Customer to the e-mail address email@example.com, MyCoach will send him a copy of the General Terms and Conditions of Sale in force on the day of his order, provided that the Customer provides all the necessary information requested by MyCoach (identity of the Customer, date, and number of the order in question).
ARTICLE 2: Product Information
The Products proposed for sale on the Site are intended for natural persons and non-professional buyers in the context of personal and private use.
The choice of Products ordered by the Customer is his sole responsibility; each Product presented on the Site being accompanied by a precise description of which it is the Customer's responsibility to read in its entirety before placing an order.
Although the photographs of the Products on the Site represent as faithfully as possible the Products sold, these photographs have an indicative value and not a contractual value and cannot engage the responsibility of MyCoach.
Any information regarding the size of the products on the Site is provided for information purposes only.
ARTICLE 3: Product Availability
The Products are proposed for sale on the Site within the limits of available stocks.
In the event of unavailability of a Product selected at the time of placing the order, the Customer will be informed of the impossibility of ordering it and, if applicable, of the foreseeable date of its availability.
In the event that very exceptionally and despite the vigilance of MyCoach, one or more Products for which the order has been validated are unavailable, the Customer will be informed as soon as possible by e-mail sent to the e-mail address provided by the Customer at the time of ordering.
In case of unavailability the unavailability of all the Products ordered, the sale will be resolved/cancelled without restriction, reservation or compensation and the Customer will be fully reimbursed for the price paid (unavailable Products and delivery costs) by crediting the bank card previously debited, within a maximum period of 14 (fourteen) days as from the resolution/cancellation of the sale.
In case of unavailability of part of the ordered Products, the Customer shall be offered to cancel the entire order, without restriction, reservation, or compensation, by sending an e-mail to the address firstname.lastname@example.org within 48 (forty-eight) hours from the receipt of the e-mail sent by MyCoach to the address provided and informing the Customer of the partial unavailability of the ordered Products.
In the absence of a request to cancel the order within this period, only the available Products ordered will be delivered to the Customer and the latter will be refunded the sole amount of the price of the unavailable Products paid but not delivered, by crediting the bank card previously debited, except for delivery costs.
ARTICLE 4: Orders
4.1: Terms of placing and confirming an order
The order of the Products on the Site takes place as follows:
- Selection of Products to be purchased
The Customer adds to his virtual basket one or more Products for sale on the Site.
- Input of personal data.
The Customer accesses the contents of his virtual basket and decides to proceed with the payment.
He fills in his personal information on an online form : first name, surname, e-mail address, postal address and telephone number.
The Customer guarantees the authenticity and accuracy of the data entered on the Site and acknowledges that they are proof of his/her identity.
- Payment of selected Products
The Customer chooses a payment method from among those offered by the Site and enters his payment information. If necessary, he may enter a different billing address from the one previously entered.
- Sending of the Purchase Order to the Customer materializing the sale
The sale shall be concluded between the Parties as soon as MyCoach sends an acknowledgement of receipt summarizing the entire order placed by the Customer to the e-mail address provided by the Customer at the time of the order, which shall be deemed to be an order form and binding between the Parties (hereinafter referred to as the "Order Form").
The Customer undertakes to ensure that the Purchase Order is received at the e-mail address provided at the time of ordering. Assuming, the Customer does not receive the Purchase Order Form within a maximum period of 24 (twenty-four) hours from the validation of his/her order on the Site, he/she undertakes to immediately inform MyCoach by e-mail at the following address email@example.com before proceeding with any new order on the Site.
Otherwise, MyCoach cannot be held responsible for the failure to register the Customer's order, nor for the consequences of the validation of several identical orders by the Customer.
The Customer hereby irrevocably acknowledges that the production by MyCoach of the Order Form acknowledging receipt of his/her order constitutes indisputable proof of the sale made (order number, date, time, Products ordered, price, billing address, delivery address, shipping costs, etc.) and shall be deemed authentic between the Parties.
4.2: Cancellation of the order by the Customer
Regardless of the right of withdrawal from which the Customer enjoys in accordance with Article 9 below, the Customer may cancel his/her order and thus renounce the purchase and delivery of the Products, without any further formality or expense, by sending an e-mail to the address firstname.lastname@example.org within a maximum period of 12 (twelve) hours from receipt, by the Customer of the Order Form. To be admissible and processable, the e-mail must explicitly state the cancellation request and specify the order number that is the subject of the cancellation request (number appearing on the Purchase Order Form).
4.3: Refusal or cancellation of the order by MyCoach
MyCoach may refuse or cancel any order:
(1) Not in accordance with these General Terms and Conditions of Sale;
(2) Placed by a customer who has not paid a previous order in full, or who is in dispute with MyCoachfor any reason whatsoever, or whose payment has been previously refused by the bank, including in the context of a previous order;
(3) Whose frequency, price and/or number of Products and/or Product references ordered wouldlead it to question the Customer’s status as a non-professional consumer customer;
The Customer hereby authorizes MyCoach to offset the sums owed to the latter in respect of a previous order that has remained partially or totally unpaid against the sums that may be owed to the Customer in respect of a totally or partially cancelled order.
The Customer irrevocably waives any dispute, proceeding or action against MyCoach, as well as any compensation, of any nature whatsoever, should the latter refuses or cancels one or more orders, particularly in the cases referred to in this article.
ARTICLE 5: Prices
The sale prices on the Site are indicated in Euros.
The price of the Products shall be that indicated on the Site, except in the event of an obvious error.
The prices of the Products applied to the order are those in force on the day of sending the Order Form to the Customer by MyCoach.
It is the Customer's responsibility to verify that the price of the Products appearing on the Site complies with the selling prices of the Products mentioned on the Order Form.
MyCoach reserves the right to modify at any time and without prior notice the prices indicated on the Site, it being specified that the price modifications will only apply to orders placed and paid by the Customers after the entry into force of the price modifications on the Site.
The prices appearing on the Site are inclusive of all taxes (TTC) and any increase in the value added tax (VAT) will be automatically reflected in the price of the products offered for sale on the Site. The Customer is informed of the VAT applicable to the sale when consulting his basket before the validation of his order. The amount of VAT shall also appear on the Order Form issued by MyCoach.
Prices do not include delivery costs, which are invoiced in addition to the price of the products. The delivery costs are made known to the Customer when consulting his/her basket, before validating his/her order and are shown on the Order Form.
ARTICLE 6: Payment of products and delivery costs
6.1: Payment terms and conditions
As soon as he has validated his order on the Site, the Customer shall pay the full price of the Products ordered exclusively in Euros.
The Customer declares and guarantees to MyCoach that he/she has all the necessary authorizations to use the payment method used and that he/she authorizes in advance his/her payment organization to debit his/her account for the total amount of the price mentioned on the Order Form issued by MyCoach (products and delivery costs), even in the absence of signature of the Purchase Order Form and the related invoice.
In the case of payment by bank card, the Customer will be debited with the amount of the order after verification of the payment data used within the maximum regulatory collection period from receipt of the debit authorization issued by the bank issuing the Customer's bank card.
In the event of a transaction being refused by the payment organization used, for any reason whatsoever, the order will be automatically cancelled.
MyCoach reserves the right to suspend or cancel any order, including during shipment, in the event of a payment incident or fraud or attempted fraud.
Under no circumstances can the sums paid by the Customer be considered as a deposit or advance payment.
In the event of difficulties encountered in the payment of the order, the Customer and, more generally, the holder of the bank card used for payment, may contest as soon as possible the payment transactions carried out by means of his/her bank card in accordance with Article L.133-24 of the French Monetary and Financial Code.
The Customer acknowledges that the electronic records of payments produced by GIE CB constitute proof of the payment transactions.
The invoice for the Products ordered is sent to the Customer by e-mail.
The Customer undertakes to verify the conformity of the invoice received with the order he has validated.
In the event of a discrepancy between the invoice and the order placed by the Customer, the latter undertakes to immediately inform MyCoach by e-mail, specifying his identity and all the references of his order and his invoice, to the e-mail address email@example.com within a maximum period of 48 (forty-eight) hours from the date on which MyCoach sends the invoice by e-mail.
In the absence of a complaint from the Customer within the aforementioned time limit, the invoice will be deemed to be in accordance with the order validated by the Customer at the time of purchase and may not be contested or modified in any way.
ARTICLE 7: Retention of title and transfer of risk
MyCoach retains full and complete ownership of the Products until full payment has been received, including all fees and taxes.
However, the risks of loss and deterioration of the Products are transferred to the Customer upon receipt of the Products by the latter.
ARTICLE 8: Delivery and reception of products
8.1: Delivery costs, times and methods
The products ordered by the Customer will be delivered to the delivery address indicated by the Customer when ordering.
The Customer will be informed by sending an e-mail to the address given at the time of the order, of the dispatch of his order and will remain solely responsible for any defect or delay in delivery resulting from a defect or an error of indication at the time of the order.
In the event of an order for several Products, several deliveries may be necessary, depending on the size and availability of the Products. The cost of the delivery mentioned in the Order Form will remain unchanged.
Delivery times are mentioned on the Customer's Order Form and may vary depending on the availability of the Products that have been the subject of the order.
The ordered products will be delivered by Mondial Relay or the Post Office (Colissimo with tracking) for metropolitan France, Corsica and Monaco and Colissimo international for other territories.
MyCoach only ships Products ordered on the Site to Metropolitan France, Monaco and European Union countries.
For France, Corsica and Monaco:
If the chosen means of delivery is the Post Office, the package will be deposited without a signature in the Customer's letterbox. If the mailbox cannot contain the package, a notice of pending delivery will be left in the mailbox, specifying the address of the post office where the parcel must be collected within a maximum period of 15 (fifteen) days from its presentation. Beyond this period, the parcel will be returned to MyCoach and the customer will be reimbursed for his order, delivery and return costs deducted.
For other countries:
The package will be delivered against a signature to the address indicated by the Customer. In case of absence at the time of delivery, a notice of pending delivery will be left in the mailbox, specifying the address of the post office where the package must be collected within a maximum period of 15 (fifteen) days from the date of its presentation. Beyond this period, the package will be returned to MyCoach and the Customer will be reimbursed for his order, delivery and return costs deducted.
In the event of immediate availability of the Products ordered, the average delivery time is between 3 to 5 working days (average time for preparation and delivery of the order) for delivery in Metropolitan France, Corsica, and Monaco and approximately 8 working days for delivery abroad, from the time the Order Form is sent to the Customer. These times are for indicative purposes only.
8.1.3: Shipping costs
The amount of the delivery costs is brought to the attention of the Customer before the validation of his order and recalled in the Order Form sent by MyCoach at the end of this validation.
Delivery is deemed to have taken place as soon as the Products ordered are handed over by MyCoach to the carrier, the date of which is established by carrier's computer system (flashing) and MyCoach cannot be held responsible for any delay in delivery attributable to the carrier or the Customer.
8.1.4: Delivery delays
In accordance with Article L.216-1 of the Consumer Code, the order will be executed within a maximum of 30 (thirty) days from receipt by the Customer of the Order Form.
If, despite all the efforts made by MyCoach to deliver the Products within the deadlines mentioned in the Order Form, the Customer should note:
- or a delay in delivery in relation to the maximum date mentioned by MyCoach in the Order Form,
- a period of more than 30 (thirty) days from the receipt of the Order Form, if no delivery date hasbeen indicated by MyCoach,
The Customer may send a formal notice to MyCoach by registered letter with acknowledgement of receipt to the postal address MyCoach - S.A.V. MyCoach Tracker, Bd des Jardiniers CS81030, Stade Allianz Riviera, 06205 Nice cedex 3, France, or by e-mail to firstname.lastname@example.org
MyCoach shall cancel the order and refund, within a maximum period of 14 (fourteen) days from the cancellation of the Order, the price paid by the Customer, including delivery costs, to the exclusion of any other compensation, of any nature whatsoever.
In the event that the Products have been shipped by MyCoach prior to the receipt of the Customer's request to cancel the order, the Customer may confirm the cancellation by refusing the package upon delivery. Otherwise, the cancellation of the order shall not be taken into account by MyCoach.
MyCoach will make its best efforts to warn Customers of any fortuitous or force majeure events that may disrupt the delivery of the Products.
8.2: Receipt of delivered products
The Customer undertakes to check, upon receipt of the Products, that the package shows no trace of opening or deterioration (partially opened package or suspected of having been opened and then resealed, package torn, shocked, damaged etc.) as well as the conformity of the Products delivered with the order (number and references of the Products ordered and received in particular).
If the Customer observes any damage or missing items upon receipt of the package, he/she should refuse it (especially when the package is obviously damaged).
If, however, the Customer accepts a package that is damaged and/or shocked and/or shows signs of having been opened and/or if the Products are damaged during transport, the Customer undertakes to comply with the following procedure:
- - make all the necessary reservations on the delivery note that will be given to him by the carrier (mention of the damage and shortages noted);
- - submit a claim to the carrier within a maximum period of 8 (eight) working days from receipt of the package (a claim acknowledgement will be issued to the Customer as proof of the date of the claim) ;
- - inform MyCoach of any damage or missing items found by e-mail to the address email@example.com within the maximum period of 48 (forty-eight) hours from receipt of the package;
- - return the damaged Products to MyCoach in accordance with Article 10.1 of the General Terms and Conditions of Sale and within a maximum period of 15 (fifteen) calendar days from the date of receipt. The package must contain, in addition to the returned Products, a copy of the above-mentioned e-mail, the return slip provided upon delivery completed by the Customer, the invoice for the Products and a copy of the acknowledgement of receipt of the Customer's claim to the carrier.
If the Customer finds that the Products delivered do not comply with the Purchase Order (e.g. reference errors), if the Products ordered are missing or if the Products contain an apparent defect, the Customer undertakes to comply the following procedure:
- - inform the company MyCoach by e-mail (address firstname.lastname@example.org), within a maximum period of 48 (forty-eight) hours from receipt of the package, mentioning the order number and explaining precisely the non-conformity found;
- - return the non-compliant Products to MyCoach in accordance with Article 10.1 of these General Terms and Conditions of Sale, within a maximum period of 15 (fifteen) calendar days from receipt. The package must contain a copy of the above-mentioned e-mail, the return slip provided at the time of delivery and completed by the Customer as well as the corresponding invoice.
Whatever the reason for the return, it is the Customer’s responsibility to keep the proof of the return of the Products to MyCoach.
After acceptance of the Customer's justified complaint, under the conditions and in the form mentioned in this article, and after receipt, where applicable, of the Products returned by the Customer, MyCoach will replace the missing or damaged Products as soon as possible.
The return costs will be reimbursed to the Customer within the limit of the cost of the cheapest expedition service proposed on the Site on the condition that the invoice for the return costs is attached to the returned Products to the exclusion of any other sum or indemnity.
If the Customer fails to comply with the deadlines and formalities mentioned in this article, the delivery of the Products shall be deemed to be definitively accepted and the Customer shall no longer be entitled to rely on any apparent defect and/or shortage or non-conformity of the Products ordered with the Products delivered.
ARTICLE 9: Right of withdrawal
The Customer benefits, in accordance with the applicable law, from a right of withdrawal of 14 (fourteen) days from the receipt of the Products.
The Customer wishing to withdraw must return the Products unopened, in their original packaging (sealed plastic film and cardboard), complete and in perfect condition for resale to the following address:
My Coach c/o Transcan, 4789 1ere avenue, Dépôt 7, ZI de Carros - 06510 LE BROC, France,
within the maximum period of 14 (fourteen) calendar days from the date on which MyCoach becomes aware of the Customer's wish to withdraw, the postmark as proof.
Products whose packaging has been opened or is incomplete will not be returned, exchanged or refunded by MyCoach.
The return of the Products must be accompanied by the standard withdrawal form for product returns proposed in Annex 1 of these General Terms and Conditions of Sale, completed by the Customer, as well as the corresponding invoice.
The return costs are the full and complete expense of the Customer, who is responsible for keeping the proof of return of the Products.
When the Customer withdraws under the aforementioned conditions, MyCoach shall refund the Products paid for by the Customer, including delivery costs (but not return costs), within a maximum period of 14 (fourteen) days from the date on which MyCoach is informed of the withdrawal, subject to the immediate sending of proof of return of the Products by the Customer.
ARTICLE 10: Product return and guarantee
10.1: Technical anomalies and reference error
In the event of technical anomalies, apparent defects or non-conformity of the Product delivered compared to the Product mentioned in the Order Form, the Customer must inform MyCoach in accordance with the procedure described in Article 8.2 of the General Terms and Conditions of Sale.
The Products must be returned to the following address: My Coach c/o Transcan, 4789 1ere avenue, Dépôt 7, ZI de Carros - 06510 LE BROC, France, within a maximum of 15 (fifteen) days from receipt of the Products ordered.
For the return to be accepted by MyCoach, the returned Products must be complete and, with the exception of cases in which the technical defect of the Product can only be unsealed after opening its packaging (plastic film and cardboard), all Products must be returned unopened (in their original sealed cardboard and plastic packaging) and in perfect condition for resale.
All risks related to the return of the Product remain the responsibility of the Customer, who must preserve the proof of return of the Products.
After verification of the return, MyCoach shall propose to the Customer either to replace the Products ordered if they are available, or to cancel the order in return for a refund of the price paid by the Customer (price of the Products, delivery costs and return costs), within a maximum period of 15 (fifteen) days from the acceptance of the return by MyCoach.
The return costs will be reimbursed to the Customer within the limit of the cost of the cheapest expedition service proposed on the Site on the condition that the invoice for the return costs is attached to the returned Products to the exclusion of any other sum or indemnity.
MyCoach will refuse any return of Products that do not comply with these formalities.
10.2: Conformity and guarantee of the Products
The Products sold by MyCoach comply with current French legislation and their sale is subject to the legal guarantees (guarantee against hidden defects, guarantee of conformity, etc.) provided for in articles 1641 and 1648 of the Civil Code and L.217-4, L.217-5 and L.217-12 of the Consumer Code.
Article L.217-4 of the French Consumer Code: «The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility».
Article L.217-5 of the Consumer Code: «The good conforms to the contract: 1° If it is suitable for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° 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 seller's attention and accepted by the latter».
Article L.217-12 of the Consumer Code: «The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods».
The provisions of this article do not deprive the buyer of the right to exercise the action resulting from fatal defects such as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by the law.
Article 1641 of the Civil Code: «The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or that so diminish that purpose that the buyer would not have acquired it or would only have paid a lower price for it, if he had known of them».
Article 1648 of the Civil Code: «The action resulting from crippling defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the apparent defects or lack of conformity».
If the Customer establishes the non-conformity of a Product or a hidden defect, within the meaning of the aforementioned legal provisions, MyCoach undertakes, at the Customer's discretion, either to replace the non-compliant or defective Product as soon as possible, or to reimburse the price paid by the Customer within a maximum period of 15 (fifteen) days from the date of return of the Product, in accordance with the terms and conditions stipulated in article 10.1 above.
Any warranty of MyCoach on the Products is excluded in case of misuse, negligence, lack of maintenance by the Customer as well as in case of accident, force majeure or normal wear and tear of the Product.
The guarantee does not cover:
- wear and tear of a Product resulting from normal use
- Deterioration or failure of the product resulting from:
- Use not in accordance with the intended purpose of the Product
- Use, maintenance or storage of the Product not in accordance with the instructions of MyCoach
- Use of the Product with a software suite other than that provided
- Use of the Product with an unofficial incompatible or defective accessory
- A failure to maintain the Product
- A modification or material adaptation of the Product not carried out by MyCoach or one of its authorized service providers
- Infection of the Product or the associated software suite by a computer virus
- A natural disaster (flood, lightning, earthquake, etc.)
- Theft or willful damage
Where the Product bears a serial number, warranty claims for the Product will only be possible if the serial number of the Product has not been altered and remains perfectly legible.
ARTICLE 11: Liability
The Customer attests to having full jurisdictional capacity allowing him to bind himself to the present General Terms and Conditions of Sale.
Access to the Site requires personal computer equipment and an Internet connection which are not provided and for which the Customer is solely responsible.
The Customer is solely responsible for protecting the integrity of its data (data, computer files, software, etc.) and for the protection of his computer equipment against attacks, viruses, and computer intrusions of any kind, which he must protect with the software of his choice.
The Website may contain, for information purposes, hyperlinks to other third-party sites or Internet sources whose information, content, advertising, products, and services offered, which may evolve after the creation of the hyperlink, are neither controlled nor monitored by MyCoach and are published under the exclusive responsibility of the natural or legal persons responsible for said third-party sites or Internet sources.
Except with the prior written authorization of MyCoach, Customers are not authorized to display on their own website or on any other medium, a hypertext link allowing access to the Site, nor to insert, on the Site, a hypertext link directing Internet users to another website.
Although MyCoach always endeavors to always keep the Site accessible and makes every effort to preserve its security, MyCoach does not provide any guarantee to Users and disclaims all liability concerning, in particular, but not limited to:
- The continued availability, operation, and performance of the Site;
- The completeness of the information on the Site and the absence of errors or omissions;
- The possible external intrusions of any kind that could contaminate or damage the Clients' computer equipment or data;
- The consultation or use of the hypertext links appearing on the Site;
- The abusing or wrong use by a third party of the Customers' username and password and the usurpation of the Customers' identity and means of payment;
- The compliance with legal or regulatory provisions and the accuracy or reliability of the information, communications, publications or any other content that may be provided, published, or sent by the users of the Site and, or appearing in the pages accessible via the hypertext links of the Sites.
Subject to the legal and regulatory provisions of public order from which the Parties may not derogate, the Customer hereby irrevocably waives the liability of MyCoach in the event of damage, of any nature whatsoever, resulting in particular and not exhaustively to:
- Service interruptions, delays or impossibilities of orders generated by maintenance work on the Site, technical breakdowns, or an interruption of the Internet network;
- The failure of the Customer's computer equipment or Internet network or harmful use of the Internet network, whether foreseeable or not, by a third party;
- Any event of force majeure or which, reasonably, is not under the control of MyCoach or was not reasonably foreseeable such as, but not limited to, social movements, strikes, fires, floods, climatic events, accidents etc…;
- The use of hypertext links appearing on the Site.
Without prejudice to the foregoing, the Customer expressly acknowledges that, in the event that the liability of MyCoach and/or its representatives and/or employees is legally engaged, whatever the causes, the maximum amount of the overall compensation to which the Customer or its beneficiaries may be entitled, all damages included, shall in no case exceed the total amount of the price of the Customer's order that is the subject of the claim and within the limit of 1,000 (one thousand) euros including tax.
MyCoach disclaims all liability in the event of partial or total loss of the data present in the Product when it is taken over under the warranty. Before entrusting the Product to MyCoach's after-sales service, it is the Customer's responsibility to save all the data present on the Product as far as possible.
ARTICLE 12: Intellectual Property Rights
The Site and the elements it contains are protected by intellectual property rights (copyright, neighboring rights, trademark law, design and model law, patent law, sui generis database law) in accordance with French legislation and international conventions. This applies, without this list being exhaustive, to the creations, illustrations, images, photographs, graphics, videos, logos, trademarks, designs and models, commercial names, signs, domain names, texts, databases appearing on the Site, as well as to the tree structure of the Site and its layout. The content of the Site and the intellectual property rights attached thereto belong to MyCoach, its co-contractors and partners and any use, distribution, total or partial reproduction of the content of the Site without the authorization of MyCoach is strictly prohibited and liable to civil and criminal penalties.
ARTICLE 13: Duration of application - Force majeure
The General Terms and Conditions of Sale are applicable between the Parties as from the validation of the order by the Customer and shall remain in force for the duration necessary for the sale, delivery and guarantee of the Products ordered and until the extinction of the obligations contracted by the Parties.
The performance of MyCoach's obligations shall be suspended in the event of an Act of God or force majeure which prevents or delays execution.
As far as possible, MyCoach will inform the Customer of the occurrence of such fortuitous events or events of force majeure as soon as possible after their occurrence.
ARTICLE 14: Personal data protection
MyCoach attaches the utmost importance to respecting the privacy and rights of individuals.
MyCoach is therefore committed to protecting the rights of individuals in accordance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and on the free movement of such data ("GDPR"), as well as applicable national data protection laws.
ARTICLE 15: Independence of the clauses
If one of the provisions of the General Terms and Conditions of Sale were to be declared null and void or invalidated in application of a legal or regulatory provision or following a final decision of a competent court, it would be deemed as not written, but this nullity would not entail the nullity of the other provisions of the General Terms and Conditions of Sale, which remain in force between the Parties.
ARTICLE 16: Non-waiver
The fact that MyCoach does not take advantage of a neglect/breach by the Customer of any of its contractual obligations shall not be interpreted for the future as a waiver by MyCoach of its right to do so.
ARTICLE 17: Applicable law and competent courts
The General Terms and Conditions of Sale form a contractual whole subject exclusively to French law to the exclusion of the Vienna Convention on the International Sale of Goods and the legal provisions applicable in the countries of delivery of the goods.
In the event of a dispute, only the French version of the General Terms and Conditions of Sale is binding.
In the event of a dispute relating to the formation, validity, interpretation and execution of the General Terms and Conditions of Sale and after a search for an out-of-court solution has been unsuccessful, exclusive jurisdiction is attributed to the French courts.
ANNEX 1: Standard withdrawal form for product returns
Complete and return this form only if you wish to terminate the contract.
Mailing address: S.A.V. MyCoach Tracker, Bd des Jardiniers CS81030, Stade Allianz Riviera, 06205 Nice cedex 3, France.
I hereby give notice that I terminate my contract of sale of the following goods.
- Consumer name: [Mr/Mrs] xxxxx
- Order number: xxxxx
- Date of order: mm/dd/yyyy
- Date order received: mm/dd/yyyy
- ● List and quantity of returned products: