General Terms and Conditions of Sale (GTC)
Last updated: [Date]
Preamble
These General Terms and Conditions of Sale (GTC) govern the contractual relationship between the company ACE [or ACE Apparel Inc.], a [Legal Form, e.g., LLC] with its registered office at [Full Address], San Francisco, CA [Zip Code], USA (hereinafter referred to as "ACE" or "We"), and any natural or legal person visiting or making a purchase via the website [Website URL] (hereinafter referred to as "the Customer" or "You").
ACE offers for sale sports items, particularly apparel and accessories related to the practice of tennis.
1. Acceptance of the GTC
Placing an order on the Site implies the Customer's full and unreserved adherence to these GTC. These GTC are accessible at any time on the Site and shall prevail, if necessary, over any other version or any contradictory document.
2. Products and Conformity
2.1 Product Description
The products offered for sale are described as accurately as possible. Photographs illustrate the products, but cannot guarantee a perfect similarity, particularly concerning colors. The Customer is invited to consult the descriptive sheet of each product for its essential characteristics.
2.2 Availability
Our product offers are valid within the limits of available stock. In the event of unavailability of a product after placing an order, the Customer will be informed by email or telephone. The order will be canceled, and the Customer will be reimbursed for the amounts paid within [Number] days.
3. Price
The prices of the products are indicated in [Currency, e.g., Euros (€) or Dollars ($)] all taxes included (VAT/TTC), excluding processing and shipping costs.
Shipping Costs: Shipping costs are calculated and displayed before the final validation of the order, depending on the delivery method, parcel weight, and destination (see Article 6).
Customs Duties: For deliveries outside [Applicable Territory, e.g., the United States or the European Union], customs duties or local taxes may be due. These duties are the exclusive responsibility of the Customer.
ACE reserves the right to modify its prices at any time, but the products will be invoiced based on the rates in force at the time of order validation.
4. Order
Placing an online order follows these steps:
Product Selection: Adding products to the cart.
Identification: Logging into the customer account or entering shipping/billing information.
Delivery Choice: Selection of the delivery method.
Summary and Payment: Checking the order summary, including the total price, and validating the payment.
The validation of the order constitutes acceptance of the GTC and the definitive formation of the contract. An order confirmation email is sent to the Customer.
5. Payment Terms
Payment for orders is made by [Accepted Payment Methods, e.g., credit card (Visa, Mastercard), PayPal, etc.].
Security: Transactions are secured by a secure payment system [Name of Secure Payment Provider]. ACE never has access to the Customer's confidential payment information.
Payment Default: ACE reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Customer.
6. Delivery
Detailed delivery conditions can be found on the "Delivery" page of the Site [Link to the delivery page].
Timeframes: Standard delivery times are [3 to 5] business days. Express times are [48 hours] (for mainland France/continental US).
Carriers: [Names of Carriers, e.g., Colissimo, Chronopost, USPS, FedEx].
Transfer of Risks: The risks of loss or damage to the products are transferred to the Customer at the moment they physically take possession of the products.
7. Right of Withdrawal and Returns
7.1 Commercial Return Policy
ACE offers a commercial return period of 30 calendar days from the date of receipt of the product to request an exchange or refund. Items must be returned in their original condition, unworn, unwashed, and with all original tags attached.
7.2 Right of Withdrawal (EU Customers)
For Customers residing in the European Union, the legal right of withdrawal of fourteen (14) calendar days from the receipt of the products is guaranteed, without having to give reasons or pay penalties.
7.3 Return Procedure
To initiate a return or exchange, the Customer must follow the procedure detailed on the "Returns" page of the Site [Link to the returns page]. Return shipping costs may be charged to the Customer, except in cases of exchange or non-conformity (see Article 8).
8. Legal and Commercial Warranties
All products supplied by ACE benefit from the legal warranty of conformity and the legal warranty against hidden defects (as defined by applicable laws, including US and EU consumer protection laws).
Warranty of Conformity: Applies to items that are unfit for the use normally expected of similar goods or do not match the description given by the seller.
Warranty Against Hidden Defects: Applies to defects not apparent at the time of purchase that render the item unfit for its intended use.
Any claim under the warranty must be addressed to Customer Service at [Customer Service Email] within [Number] days of discovering the non-conformity or defect.
9. Liability
ACE's liability regarding the sale of products is limited to direct damages and cannot exceed the amount paid by the Customer for the order in question. ACE cannot be held responsible for indirect damage, such as loss of profit, loss of opportunity, or financial prejudice.
10. Force Majeure
ACE shall not be liable for the non-execution or delay in the execution of its obligations described in these GTC, resulting from a case of force majeure, including, but not limited to, strikes, fire, natural disasters, war, pandemic, or transport interruption.
11. Applicable Law and Jurisdiction
These GTC are governed by [Applicable State Law, e.g., the laws of the State of California, USA].
In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. In the absence of an amicable resolution, jurisdiction is granted to the competent courts of [City/County of Jurisdiction, e.g., San Francisco, California].