Strictly reserved for consumers within the meaning of the French Consumer Code
applicable from 07/10/2024
Download our Terms and Conditions
1. Definitions
In these Terms and Conditions, when between **, the term :
i. T&C means the Seller's Terms and Conditions ;
ii. Seller means the company LA BOULE OBUT, as identified in Article 0 of the T&C ;
iii. Buyer means the consumer or non-professional who places an order with the Seller via its Site, and with whom they may conclude the Contract ;
iv. Site refers to the Seller's online shop accessible via the Internet at the following address: https://www.obut.com,
v. Party/Parties means the Seller and/or the *Buyer* ;
vi. Contract means the order placed by the Buyer, the T&C and any document expressly referred to therein ;
vii. Product(s) means all the goods and/or services offered by the Seller on its Site ;
viii. Standard Product means a Product offered by the Seller on its Site for which the *Buyer* has not requested any personalisation, such as engraving and/or marking ;
ix. Personalised Product means a Product offered by the Seller on its Site, for which the *Buyer* has requested personalisation on the Site (engraving, marking, etc.) ;
x. RD means recorded delivery.
2. Definition of the *Seller*
The company responsible for the offer is :
LA BOULE OBUT
a simplified joint stock company with share capital of € 6,735,925 registered with the RCS of Saint-Etienne (FRANCE) under no. 415 203 355
SIRET 415 203 355 00011 - Code APE 3230 Z - VAT FR 00 415 203 355
5 route du Cros – 42380 Saint-Bonnet-le-Château – France
Phone. : +33 4 77 45 57 00
Email : relationclients@labouleobut.com or contact form available on https://www.obut.com website
3. Application and enforceability of the *T&C*.
3.1. These provisions constitute the Terms and Conditions for all Products offered by the Seller via its Site.
3.2. These T&C apply, without restriction or reservation, to all Contracts concluded online between the Seller and Buyers on its Site.
3.3. The T&C therefore apply to the exclusion of all other conditions, in particular the Terms and Conditions applicable to sales in shops or at sporting events (truck).
3.4. The T&C can be consulted and downloaded from each page of the Site.
3.5. By placing an order with the Seller, the *Buyer* declares that they have read these T&C and accepted them by ticking the box "I declare that I have read and accept the Terms and Conditions", before clicking on the "Proceed to payment" button, and acknowledge that these T&C and the documents to which they expressly refer constitute, together with the order, the entirety of the contractual documents governing the rights and obligations of the Parties.
The Seller therefore encourages Buyers to read all of these contractual documents carefully.
4. Pre-contractual information
The *Buyer* acknowledges that, while browsing the Site or via the T&C, they have been given the pre-contractual information required by law in a clear and comprehensible manner, and in particular:
• the essential characteristics of the Products ;
• the price of the Product and related costs, in particular delivery costs ;
• the date on which the Seller undertakes to deliver the Product(s) ordered and the delivery terms;
• information relating to the Seller's identity, postal address, telephone number and e-mail address,
• whether or not there is a right of withdrawal and how to exercise it,,
• the procedures for claiming on legal warranties and, where applicable, commercial warranties.
4.2. The *Buyer* acknowledges that the photographs and graphics presented on the Site to represent the Product are not contractual and shall not create liability for the Seller.
4.3. Product offers are subject to availability of stock. When a Product is unavailable, this temporary unavailability is indicated on the Site by a small red dot and the wording "Out of stock".
5. Prices
5.1. The prices of the Products are those shown on the Site.
5.2. They are given in Euros, and :
• include the eco-participation tax (flat-rate financial contribution by the *Buyer* to the collection, sorting and recycling of a product), except in the case of furniture and household electrical and electronic equipment,
• does not include delivery costs, which are invoiced in addition to the price of the Products.
5.3. Delivery costs will be updated below the price of the Product once the delivery method is selected after confirmation of the basket, and will be added automatically to the total price.
5.4. All orders are payable exclusively in Euros (€).
5.5. For metropolitan France and all European Union member states, prices include VAT at the rate applicable in the country of delivery.
5.6. The VAT rate and its amount will only be definitive once the *Buyer* has selected the place of delivery for the order, after having confirmed their basket.
5.7. For all Products delivered outside mainland France and outside member countries of the European Union, prices are exclusive of VAT.
5.8. For an order delivered to a country other than mainland France and the member countries of the European Union, the *Buyer* is informed that they are considered to be the importer of the Product(s) concerned.
5.8.1. In addition to the price, customs duties or other local taxes, import duties or fees may be required of the *Buyer* by the authorities and/or bodies of their State.
5.8.2. These rights and sums are not the responsibility of the Seller and are therefore not displayed at the basket or order stage. They are the sole and final responsibility of the *Buyer*, who is entirely responsible for both declarations and payments to the competent authorities and/or bodies in that country. The Seller advises the *Buyer* to obtain information on these aspects from their local authorities.
5.9. The Seller reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time the order is placed.
6. Placing an order
6.1. When browsing the Site, the *Buyer* can consult the characteristics of the Products, their availability and their price.
For a large number of Products, they can select their characteristics (in particular weight and diameter) while browsing. It is also possible to personalise them by choosing an engraving or branding.
6.2. The *Buyer* may select the Products they wish to purchase, in the quantities and customisations they choose, by adding them to the basket as they browse, by clicking on the "add to basket" button.
6.3. It is specified that the Site is reserved for the personal needs of consumers, and the Seller therefore reserves the right to refuse orders for a Product if the quantity exceeds the consumption of a consumer's personal needs.
6.4. The *Buyer* may cancel or modify the basket at any time, and view the exact details, characteristics and availability, by clicking on the "view basket" button or on the icon symbolising a basket.
6.5. To place an order, the *Buyer* must log in to their account or create one, either :
• when browsing, by clicking on the icon symbolising a person, then on the link "Already a customer? Login", or in the "New customer? Create your account",
• when confirming your basket after clicking on the "ORDER" button, by selecting the "Already a customer? Login", or "New customer? Create your account".
6.6. Order and payment stages :
1. The *Buyer* must confirm their basket,
2. The *Buyer* must then choose the delivery and billing address,
3. The *Buyer* must choose a delivery method from among those offered and confirm their choice,
4. The *Buyer* must then select a method of payment from those available,
4.1. If they choose a gift voucher, the *Buyer* must fill in the alphanumeric code of their voucher and then click on "use gift voucher".
4.1.1. The *Buyer* reads and accepts the T&C, the acceptance of which is evidenced by the *Buyer* ticking the box "I declare that I have read and accept the Terms and Conditions of the BOULE OBUT company". If the *Buyer* does not accept the T&C, they will not be able to complete their order.
4.1.2. To complete the order, the *Buyer* then clicks on the "Proceed to payment" button.
4.2. If they choose a method of payment other than gift voucher :
4.2.1. The *Buyer* reads and accepts the T&C, the acceptance of which is evidenced by the *Buyer* ticking the box "I declare that I have read and accept the Terms and Conditions of the BOULE OBUT company". If the *Buyer* does not accept the T&C, they will not be able to complete their order.
4.2.2. The *Buyer* clicks on the "Proceed to payment" button.
4.2.3. The *Buyer* completes the information relating to the chosen method of payment,
4.2.4. To complete the order, the *Buyer* then clicks on the "Pay securely" button.
6.7. After step 4.2.4, the contract between the Parties is formed subject to the strict condition of receipt of payment from the *Buyer* by the Seller.
6.8. If the condition is not fulfilled, i.e. if the Seller does not receive payment of the order price, the order will lapse automatically and will be deemed never to have existed, and each Party will be released from its obligations towards the other.
7. Payment of the order price
7.1. The price of the order is payable upfront, in full, as soon as the order is placed.
7.2. The Seller offers the *Buyer* the option of paying for their order using one of the following payment methods :
• the following credit cards : Carte Bleue, Visa, American Express or Master Card,
• payment via the PayPal platform,
• a valid gift voucher previously sold by the Seller.
7.3. When the *Buyer* chooses to pay by PayPal, we inform them that they are being connected directly to our specialised service provider, which is currently PAYPAL Luxembourg (RCS Luxembourg B118349), 24 boulevard royal, Luxembourg.
7.4. When the *Buyer* chooses to pay by credit card, we inform them that they are being connected directly to our specialised service provider specialising in online payments, which is currently PAYPLUG ENTERPRISE SAS, registered with the Paris Companies Register under number 443 222 682, and whose registered office is located at 110 Avenue de France, 75013 Paris.
7.4.1. The payment information provided by the *Buyer* (e.g. bank card number) is transmitted solely to our payment service provider and our company has no knowledge of it and does not store it.
7.4.2. This payment service provider has been chosen by the Seller because of its very high level of security the protection of payment methods.
7.4.3. Connections with this payment service provider are therefore secured by an HTTPS protocol.
7.4.4. This HTTPS protocol encrypts information during the *Buyer* connection.
7.4.5. As another security measure applied by this service provider, online payment by bank card is validated by entering a single-use security code (3D SECURE), which is sent to the *Buyer* by the means agreed between them and their Bank.
7.5. The Seller is only informed by its payment service provider of whether the payment has been confirmed by the *Buyer* and has been accepted by their bank, or if it has been rejected or been unsuccessful (e.g.: time elapsed).
7.6. The invoice for the order placed by the *Buyer* is available on their OBUT customer account.
8. Order confirmation
Upon receipt of payment by the Seller, it will send the *Buyer* an e-mail confirming their order.
This e-mail will contain the information required by law, and will be accompanied by attachments of the T&C, which include a standard withdrawal form.
9. Cancellation of order by the *Seller*
9.1. The Seller reserves the right to cancel the order from the *Buyer* if it contains personalisation created by the Buyer that contains terms prohibited by law, in particular because of their offensive, slanderous, defamatory, discriminatory, sexist, racist, anti-Semitic, hateful or violent nature.
In the event of cancellation, the Seller will inform the *Buyer* by e-mail, who will then refund the cancelled order.
9.2. In the event that the Seller is unable to provide the pétanque course, for whatever reason, the Seller reserves the right to cancel the course after informing the *Buyer* in advance and, at the discretion of the *Buyer* , providing a credit note valid for one year or a full refund.
10. Terms and delivery times
10.1. After confirmation of the order of the products in the basket, the *Buyer* is offered one or more types of delivery depending on the country of delivery chosen and the Products ordered :
• For small Products (less than 1 metre) and/or light Products (less than 30 kg), delivery is handled by La Poste in two ways :
o either signed home delivery "Colissimo Home with signature",
o at a "Colissimo collection point" against signature,
• for bulky Products (over one metre) and/or heavy Products (over 30kg), in mainland France delivery will be made by the carrier designated on the Site;
• for bulky Products (over one metre) and/or heavy Products (over 30kg), outside mainland France, an estimate will be drawn up by the Seller.
10.2. The cost and delivery times for the different delivery methods offered are indicated when the order is placed, after confirmation of the basket, in the "Delivery method" tab.
10.3. The Products offered for sale can be delivered anywhere in the world, with the exception of the countries mentioned on the Site.
10.4. Depending on the number of Products ordered, the order may be packed in one or more parcels. The *Buyer* is informed that in the case of several parcels, even if they are dispatched together on the same day, they may not be delivered on the same day depending on the contingency of transport.
10.5. If the *Buyer* has not received their order in full within fifteen (15) calendar days of the dispatch date, they are requested to inform the Seller.
10.6. In the event of loss or theft during transport, the order will be replaced free of charge by the Seller.
10.7. If the failure to deliver is due to a case of force majeure affecting the Seller, the delivery periods shall be suspended see article 20).
10.8. Any failure or difficulty in delivery due to incorrect or incomplete information provided by the *Buyer* may under no circumstances be attributed to the Seller.
Additional costs, in particular re-delivery costs resulting from errors of the *Buyer*, up to an amount equal to the delivery costs of the initial order, will be borne exclusively by the *Buyer*.
10.9. In the event the parcel is presented at the delivery address but is not collected by the *Buyer* (refusal to accept delivery, absent at the time of delivery, failure to collect the parcel from a collection point within the time allowed, etc.), the parcel may be returned to the Seller who will inform the *Buyer* by email.
10.10. In this email, if it is the first failure, the Seller shall offer the *Buyer* a second delivery of the order, the delivery costs of which shall be borne by the *Buyer* and be an amount equal to the delivery costs of the initial order, and shall inform the *Buyer* that if they do not accept within 30 days of this email being sent, the Contract shall be terminated automatically.
10.11. If the offer to make a second delivery is accepted by the *Buyer* in writing (by email or letter) within the time limits specified in article 10.9, this second delivery will only take place once the Seller has received payment from the *Buyer* of the costs of the second delivery specified in the Seller's email.
If the second delivery is unsuccessful, in the event the parcel is presented at the delivery address but is not collected by the *Buyer* (refusal to accept delivery, absent at the time of delivery, failure to collect the parcel from a collection point within the time allowed, etc.), the parcel will be returned to the Seller and the Contract will be terminated, with the *Buyer* being notified by any means.
10.12. In the event of termination of the Contract pursuant to articles 10.9 or 10.10 :
• for standard Products, the Seller shall reimburse the *Buyer*, using their initial means of payment, for the price of the standard Products ordered, less delivery costs, without prejudice to the Seller's right to claim any damages as a result of the termination of the Contract.
• in the case of personalised Products, the Seller shall retain the sums paid by the *Buyer* in respect of such Products by way of compensation. It is specified that the *Buyer* shall be entitled to the same compensation in the event of refusal of delivery by the Seller.
11. Reservation of ownership
11.1. Without prejudice to the provisions of article 12, the Seller retains full ownership of the Products sold until full payment of the price, in principal, costs and accessories.
11.2. In the event of seizure or any other intervention by a third party on the Product, the *Buyer* must inform the Seller without delay in order to allow it to take action and preserve its rights.
11.3. The *Buyer* undertakes not to grant any right whatsoever over the Product, and in particular not to give them as security for a debt, until the contract price has been paid in full, in principal, costs and accessories.
11.4. In the event of total or partial non-payment of the price of the Product, the Seller may, in application of this clause, claim ownership of the Product in order to obtain its return, notwithstanding its right to obtain compensation in addition for all its losses.
12. Transfer of risks, transport risks
12.1. The costs and risks associated with the delivery of the Products shall be borne exclusively by the Seller.
12.2. From the time of delivery, i.e. when the *Buyer* or the third party appointed by them takes possession of the Products, the risks of loss or damage to the Products are transferred to them.
12.3. In the event of delay, damage or loss during transport, the *Buyer* is obliged to make all reservations with the carrier immediately upon unpacking at home.
12.4. These reservations must be confirmed by the *Buyer* to the carrier :
• for transport within France, by recorded delivery within three (3) days, excluding public holidays, following delivery,
• for transport in other countries, immediately following delivery for visible damage, and within seven (7) days for non-visible damage, excluding Sundays and public holidays.
12.5. If the *Buyer* signs the delivery note and/or the transport document presented by the carrier at the time of delivery without reservation, the *Buyer* may under no circumstances subsequently complain to the Seller about any damage or loss affecting the Product(s).
13. Withdrawal conditions and period
13.1. POSSIBILITY OF WITHDRAWAL
The *Buyer* may withdraw their order, i.e. cancel it under the conditions set out in article 13.3, only for standard Products, including gift vouchers.
13.2. NO RIGHT OF WITHDRAWAL
13.2.1. In accordance with 3° of article L 221-28 of the French Consumer Code, the *Buyer* may not withdraw their order for personalised Products. For personalised Products, the *Buyer* is definitively bound by their order.
13.2.2. In the event of an order where part is for personalised Products and another part for standard Products, withdrawal may only apply to the standard Products.
13.3. CONDITIONS OF WITHDRAWAL WHERE PERMITTED (STANDARD PRODUCTS ARTICLE 13.1)
13.3.1. In accordance with the provisions of articles L.221-18 to L.221-28 of the French Consumer Code, the *Buyer* has a period of fourteen (14) days from receipt of the Product ordered by them or by the third party designated by them, in which to exercise their right of withdrawal before the Seller, without having to justify their decision.
13.3.2. For pétanque courses, the fourteen (14) day period for exercising the right of withdrawal runs from the conclusion of the contract, i.e. the order placed by the *Buyer* on the Site.
13.3.3. The day on which the contract is concluded or the day on which the ordered Product is received is not counted in the fourteen (14) day period. The period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
13.3.4. In the case of an order for several Products delivered separately, or in the case of an order for a product made up of multiple batches or parts whose delivery is staggered, the period runs from receipt of the last Product, batch or part.
13.3.5. The right of withdrawal may be exercised using the withdrawal form attached to the order confirmation e-mail sent by the Seller (article 8), or by any other unambiguous statement expressing the wish of the *Buyer* to withdraw.
13.3.6. In the event of withdrawal, the *Buyer* has the choice between an exchange or a refund of the Product. However, an exchange will only be possible if the replacement Product is available in the Seller's stocks.
13.3.7. The *Buyer* shall have a period of fourteen (14) days, following the sending of an email by the Seller validating the *Buyer's* request for withdrawal, to return the Product(s) to the Seller. Once this period has elapsed, the Seller shall no longer be obliged to comply with the request of the *Buyer* for withdrawal.
13.3.8. Only Products that are returned complete (including accessories), in perfect aesthetic, clean and working condition, in their packaging, and accompanied by a copy of the purchase invoice, will be eligible for a refund or exchange.
13.3.9. Unless otherwise agreed between the Parties, the cost of returning the Product shall be borne by the *Buyer*, irrespective of the means of transport chosen for the return.
13.3.10. It is specified that if the Product, due to its nature (bulky or heavy goods), cannot normally be returned by post, the *Buyer* must expect to bear a return cost equal to the delivery cost paid by the *Buyer* at the time of ordering plus 20%.
13.3.11. The return will be made at the risk of the *Buyer*, who will bear all the consequences of loss, deterioration or damage due to transport, without any possibility for them to claim against the Seller in this respect. The Seller therefore advises the *Buyer* to take out specific and appropriate transport insurance.
13.3.12. Upon receipt by the Seller of the decision by the *Buyer* to withdraw, and provided that the conditions of the above articles are met, the Seller undertakes :
• to reimburse the *Buyer* for the price of their order within fourteen (14) days, where the *Buyer* has opted for reimbursement. It is specified that the Seller will not reimburse additional costs if the *Buyer* has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the Seller.
• to dispatch the replacement Product desired by the *Buyer* within the same period if the latter has opted for an exchange.
It is specified that this refund or exchange will be deferred until receipt of the Product by the Seller or until the *Buyer* has provided proof of dispatch of the Products, whichever is the earlier.
14. Legal guarantees
- 14.1. The *Buyer* has a period of two years for new Products and one year for second-hand Products, from the date of delivery, to make a claim under the legal guarantee of conformity in the event of the appearance of a conformity defect.
- During this period, the *Buyer* is only required to establish the existence of the lack of conformity and not the date of its appearance.
- 14.2. Where the contract for the sale of the Product provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to this digital content or digital service throughout the planned supply period.
- 14.2.1. During this period, the *Buyer* is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
- 14.2.2. The legal guarantee of conformity implies an obligation on the part of the Seller, where applicable, to provide all updates necessary to maintain the conformity of the Product.
- 14.3. The legal guarantee of conformity gives the *Buyer* the right to the repair or replacement of the Product within thirty days of their request, free of charge and without any major inconvenience for them.
- 14.3.1. If the Product is repaired under the legal guarantee of conformity, the *Buyer* benefits from a six-month extension of the initial guarantee.
- 14.3.2. If the *Buyer* requests the repair of the Product, but the Seller imposes a replacement, this will entitle the *Buyer* to a new period of legal warranty of conformity for the replaced item.
- 14.4. The *Buyer* may obtain a reduction in the purchase price by retaining the Product, or may terminate the contract and receive a full refund for the return of the Product, if :
- 14.4.1. the *Seller* refuses to repair or replace the Product ;
- 14.4.2. the Product is repaired or replaced after a period of thirty days ;
- 14.4.3. the repair or replacement of the Product causes a major inconvenience to the *Buyer*, in particular where the *Buyer* definitively bears the costs of the return or collection of the non-compliant Product, or if they bear the costs of installing the repaired or replaced Product ;
- 14.4.4. The non-conformity of the Product persists despite the Seller's unsuccessful attempt to bring it into conformity.
- 14.5. The *Buyer* is also entitled to a reduction in the price of the Product or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract.
- The *Buyer* is then not obliged to request the repair or replacement of the Product beforehand.
- The *Buyer* is not entitled to rescind the contract if the lack of conformity is minor.
- 14.6. Any period of unavailability of the Product with a view to its repair or replacement suspends the remaining warranty period until delivery of the repaired Product.
- 14.7. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
- 14.8. The *Buyer* also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect.
- 14.9. This guarantee gives the right to a price reduction if the Product is kept, or to a full refund against return of the Product.
- 14.10. The legal warranties provided for in this Article apply independently of any contractual commercial warranty provided for in article 15 below.
15. Commercial guarantee
15.1. Unless otherwise stipulated in writing in the T&C, the order, or the documents presenting the Products, the Seller does not grant any contractual guarantee on the Products.
15.2. For Products which the Seller does not manufacture, where there is a contractual guarantee granted by the manufacturer, the Seller undertakes only to pass on to the manufacturer any requests from the *Buyer* to claim under this guarantee.
The manufacturer's contractual guarantee may be conditional on the *Buyer* producing photographs of the Product, its packaging and labelling.
The Seller therefore advises the *Buyer* :
• to keep the Products, packaging and labelling intact and in good condition ;
• to be able to provide photographs of the Product, its packaging and labelling, if requested by the manufacturer.
15.3. In addition to the legal guarantees (article 14 above), the Seller grants the *Buyer* the following contractual guarantees :
15.3.1. for competition pétanque boules : contractual guarantee against any defect that the Product may present for a period of three (3) years from the date of purchase (date of order).
15.3.2. for Leisure pétanque boules : contractual guarantee against any defect that the Product may present for a period of one (1) year from the date of purchase (date of order).
Please note that this guarantee does not apply to wooden boules from the "Ma Boule" range, nor to PVC pétanque boules (OBUT all-terrain boules).
15.3.3. for accessories/clothing : contractual guarantee against any defect that the Product may present for a period of seven (7) calendar days from receipt of the Product.
In addition, in the case of clothing, the contractual guarantee will only apply if the following conditions are met :
• the Product has not been worn (simply tried on) ;
• all labels and protective films are present on the Product ;
• the Product must be in perfect condition ;
• the Product must be enclosed in the plastic packaging.
15.4. In order to benefit from this commercial guarantee, the *Buyer* must comply with the provisions of article 17.
15.5. If a commercial guarantee is granted by the Seller, under this guarantee the *Buyer* shall be entitled either to a refund of the purchase price, or to the replacement or repair of the Product, at the Seller's option.
The cost of returning the defective Product shall be borne by the *Buyer*.
16. Exclusions from guarantee
16.1. Exclusions applicable to both the legal and commercial warranties
Without prejudice to the other exclusions stipulated in the T&C, the Seller's warranties do not cover any defect or damage to the Product caused by
• an act of God or force majeure,
• incorrect installation, normal wear and tear,
• deliberate or accidental deterioration, negligence, lack of supervision, maintenance or storage, misuse or faulty use of the Product,
• loss, theft or misappropriation,
• any modification of the Products subsequent to the sale and not carried out by the Seller, where such modification is the cause of the alleged defect.
16.2. Additional exclusions specific to the commercial guarantee
The Seller's commercial guarantee does not cover :
• failure of the *Buyer* to comply with the conditions of article 17 below,
• if the Product has been damaged or lost because of or during the return transport from the *Buyer* to the Seller,
• if the *Buyer* has had the Product modified by a person other than the Seller.
17. Claims
17.1. Any claim against the Seller, whether for Products under legal or commercial guarantee, must be made in writing to relationclients@labouleobut.com and must be accompanied by the following information :
• copy of the purchase invoice for the Product deemed defective
• description of the defect
• photograph of the defect
• if applicable, proof of commercial guarantee (e.g. OBUT guarantee card).
17.2. Without these, the claim will not be considered.
17.3. For any information concerning a claim, the *Buyer* may contact the Customer Relations Department.
17.4. This complaint must be made as soon as the alleged malfunction, defect or non-conformity appears. Any use of the Product despite the existence of an alleged malfunction, defect or non-conformity, and therefore any damage caused to and/or by the Product as a result of such continued use, shall be the sole responsibility of the *Buyer*.
17.5. Except with the prior written agreement of the Seller's Customer Relations Department, the *Buyer* must not return to the Seller the Product or part thereof which is the subject of the complaint. However, the *Buyer* must keep the Product or part with its packaging in the best possible conditions and allow the Seller every facility to come to the *Buyer's* home to ascertain the problem giving rise to the complaint and to collect it if necessary.
17.6. If the Seller so requests in writing, the *Buyer* must, within a period of fifteen (15) days, return the Product or part which is the subject of the complaint to the following address :
La Boule Obut – SAV
5 Route du Cros
42 380 St-Bonnet -le-Château
17.7. The alleged defective Product must be returned by the *Buyer* in a box similar to its original box and designed for transport, preferably by colissimo, with tracking and recorded delivery to the above address. The *Buyer* must keep the receipt of the shipment with the parcel number in the event of loss or theft.
17.8. The Seller shall not be held liable for any damage to the Product during its return transport.
17.9. On receipt of the claim from the *Buyer* and the possible return of the Product, the Seller will verify that the claim is well-founded, occurred during the warranty period, and does not fall under one of the cases of exclusion referred to in article 16.
17.10. If the Seller finds that the conditions for invoking its guarantee or liability have not been met (*Product* not under guarantee, time limit expired, issue falling under one of the cases of exclusion), it will inform the *Buyer* in writing, and will offer to deal with the complaint as part of the after-sales service (article 19).
17.11. If, on the other hand, the Seller finds that the conditions for invoking its guarantee or liability have been met :
• it will inform the *Buyer* of its decision as to the nature of the intervention that it agrees to carry out (repair, replacement, refund) with regard to the commercial guarantee,
• it will ask the *Buyer* about the nature of the intervention required (repair, reimbursement or replacement) in terms of the guarantee against hidden defects,
• it will ask the *Buyer* about the nature of the intervention required (repair or replacement subject to the cost conditions set out in Article L.217-12 of the Consumer Code, and except in cases where the defect is of minor importance) in terms of the legal guarantee of conformity.
18. Liability
18.1. Only the information contained in the confirmation of the orders, and the characteristics of the Products that can be consulted on the Site, determine the content and the limits of the Seller's commitment.
The *Buyer* is informed that there may be nuances of colour between what they see on the Site and the Product and accept that the existence of a nuance of colour does not constitute non-conformity.
18.2. In the event of a difference between this contractual information and the Product delivered, the *Buyer* may only complain if this constitutes a non-conformity within the meaning of articles L 217-3 to L 217-5 of the French Consumer Code or a hidden defect within the meaning of article 1641 of the French Civil Code (article 14 above).
18.3. The Seller has no liability in the cases referred to in article 16, but also in the event of delay or impossibility of performance of the Contract due to erroneous or incomplete information entered by the *Buyer*.
18.4. The conclusion of a sale with the *Buyer* does not deprive the Seller of its right to take action against its own supplier.
18.5. In the event of the Seller being held liable by the *Buyer*, the *Buyer* shall refrain from intervening personally or having a third party intervene to remedy the defects without the Seller's authorisation.
19. After-sales service
19.1. The provisions of article 19 apply when the conditions for invoking the Seller's liability, legal guarantees and any commercial guarantee are not met.
19.2. The *Buyer's* complaint must be made in writing to the address relationclients@labouleobut.com, or in the "Contact Us" tab on the Site, and must be accompanied by the following information :
• copy of the invoice for the Product
• description of the defect
• photograph of the defect
19.3. Except with the prior written agreement of the Seller's Customer Relations Department, the *Buyer* must not return to the Seller the Product or part thereof which is the subject of the complaint.
19.4. If the Seller so requests in writing, the *Buyer* must return the Product or part which is the subject of the complaint, at their own cost and risk, to the following address:
La Boule Obut – SAV
5 Route du Cros
42 380 St-Bonnet -le-Château
19.5. On receipt of the claim from the *Buyer* and the possible return of the Product, the Seller will check whether the Product or part is repairable or replaceable.
19.6. If the Product or part thereof is not repairable, the Seller shall inform the *Buyer* accordingly.
In the event that the Product has been returned by the *Buyer*, the Seller shall at the same time ask the *Buyer* if they wish to collect the Product or the part thereof.
In the above eventuality, the *Buyer* has 30 calendar days from when the Sender provides a reminder by recorded delivery to collect the Product or the part. If the *Buyer* fails to do so, this shall constitute authorisation given to the Seller to destroy the Product, or the part thereof, which is the subject of the after-sales complaint.
19.7. If the Product or part thereof is repairable or replaceable the Seller shall ask the *Buyer* whether they wish to receive a repair or replacement quotation.
19.7.1. If the *Buyer* does not respond to this request within 15 calendar days, the absence of a response will constitute a refusal to receive a quotation.
In this eventuality, if the *Buyer* has returned the Product to the Seller, the *Buyer* shall be obliged to collect the Product from it.
In this case, the *Buyer* has 30 calendar days from when the Sender provides a reminder by recorded delivery to collect the Product or the part. If the *Buyer* fails to do so, this shall constitute authorisation given to the Seller to destroy the Product, or the part thereof, which is the subject of the after-sales complaint.
19.7.2. If the *Buyer* replies to agree to receive a quotation, they will have a period of 15 calendar days from the date of dispatch of the quotation in which to accept it, i.e. to sign it and return it to the Seller.
19.7.2.1. Failure to sign and return this quotation within 15 calendar days shall render it null and void and shall constitute a refusal by the *Buyer* to repair or replace.
In this case, the latter undertakes to collect the product or any part thereof that may have been returned to the Seller.
In this eventuality, the *Buyer* has 30 calendar days from when the Sender provides a reminder by recorded delivery to collect the Product or the part. If the *Buyer* fails to do so, this shall constitute authorisation given to the Seller to destroy the Product, or the part thereof, which is the subject of the after-sales complaint.
19.8. Quotations provided by the Seller are estimates only.
19.9. If, during the execution of the work, it appears necessary to carry out additional repair or replacement work, i.e. more extensive than envisaged in the quotation, the *Buyer* agrees that the Seller may carry this out without having to seek their written agreement, on condition that this work does not exceed 5% of the amount inclusive of tax of the initial work, or more than €50 inclusive of tax.
19.10. If this work is in excess of 5% or €50 inclusive of tax, the Seller shall obtain the *Buyer's* written agreement in the form of a rectifying or supplementary quotation signed by the *Buyer*.
19.11. If the *Buyer* refuses to give their written agreement to this amending or supplementary quotation, the Seller may :
• either, stop the repair and return the Product or part to the *Buyer* in the same condition, in which case the *Buyer* shall not be entitled to make any claim or challenge or bring any action against the Seller for compensation for any damage whatsoever resulting from the failure to carry out the additional work,
• or, if possible, complete the repair without carrying out the additional repair or replacement work, in which case the *Buyer* may not make any claim or challenge or bring any action against the Seller for compensation for the damage, of whatever nature, which would result from the failure to carry out the additional work.
20. Force majeure
20.1. Neither of the Parties may be held liable for delays in the performance or non-performance of all or part of their obligations, if such delay or non-performance is due to the occurrence of an event of force majeure.
20.2. For the purposes of these terms and conditions, force majeure is defined as any event beyond the control of the parties that impedes their normal operation to such an extent that its consequences cannot be offset by the means available to the parties. If they meet the above definition, the following examples constitute cases of force majeure: strikes and other industrial disputes, fires, explosions, floods, natural disasters, wars, damage to computer installations, production machine server breakdowns, Internet outages, the impossibility of using one's computer system as a result of a computer attack, attacks or insurrections, transport stoppages, disruptions or shortages of supplies of raw materials and energy affecting the sites of the PARTIES, but also those of their suppliers, their subcontractors or their transporters, epidemics and pandemics.
20.3. After having exhausted all the means in its power to fulfil its obligations, and within a maximum period of 72 working hours of the occurrence of an event constituting force majeure, the Seller shall notify the *Buyer*, specifying the reasonable foreseeable effects of this event of force majeure on the performance of the Contract.
20.4. If the total duration of an event of force majeure persists for more than 1 month from the date of its notification, the *Buyer* will have the option of terminating the Contract, with immediate effect, by registered letter stating its wish to terminate the Contract and confirmed on the same day by an e-mail sent to the Seller.
21. Intellectual property
21.1. Without prejudice to the provisions of the General Terms and Conditions of Use (GTCU) which can be consulted on the Site, any work and/or intellectual creation, of whatever nature (in particular brands, logos, texts, comments, works, illustrations, photos, videos, drawings), and the medium (in particular the Site, packaging, labels, notices, catalogues, advertising, etc.) used by the Seller remain its property.
21.2. The *Buyer* is prohibited from reproducing them, except for personal and private use.
21.3. Any other use is liable to constitute a violation of the intellectual property code.
22. Personal data of the *Buyers*
22.1. The Seller processes the personal data that the *Buyer* passes to it or that it collects in the course of its relations with the *Buyer*.
22.2. The *Buyer's* personal data is processed in accordance with the Seller's Privacy Policy, which is available on the Site.
23. Means of communication and proof
23.1. The *Buyer* accepts that exchanges of information between the Parties at any stage whatsoever, including the pre-contractual stage, may take place electronically and inter alia by e-mail.
23.2. The *Buyer* is hereby informed that if they have given their telephone number to the Seller, they have the right to register on the opposition to telephone canvassing list at www.bloctel.gouv.fr.
23.3. The *Buyer* accepts that the computer recordings of the Seller or the latter's IT service providers constitute literal proof between the Parties, in particular of their communications, orders, commitments and payments.
23.4. Order confirmations with a value in excess of €120 including VAT are kept by the Seller for a period of 10 years and may be made available to the *Buyer* on request.
24. Extended Producer Responsibility
The Seller is a member of the following approved eco-organisations for the collection and recycling of waste :
• Packaging sector : Citeo - Unique identification number : FR210338_01UGEC
• ASL sector (Articles de Sport et Loisirs): Ecologic - Unique identification number : FR210338
• TCL sector (Textiles, Household Linen, Footwear): Re Fashion - Unique identification number : FR210338_11JIEV
25. Applicable law - competent court
25.1. All disputes between the Seller and the *Buyer* shall be governed by French law, unless the provisions of an imperative regulation lead to the application of another law.
25.2. The language of the T&C is French. If the T&C are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
25.3. The *Buyer* is hereby informed that they may submit any complaints in order to seek an amicable solution to the Seller's Customer Relations Department on +33 4 77 45 57 00 (toll-free number) or by e-mail using the contact forms on the Site, or by post to the following address : LA BOULE OBUT - Service Relation Client– 5 route du Cros - 42380 Saint-Bonnet-le-Château- France.
25.4. In the event that a complaint or claim request made to this service is unsuccessful, or in the absence of a response from this service within a period of two (2) months, the *Buyer* may submit the dispute relating to a purchase between them and the Seller to conventional mediation with the following mediator : Fédération du e-commerce et de la vente à distance (FEVAD) 60 rue de la Boétie 75008 PARIS telephone : 01 42 56 38 86, mediateurduecommerce@fevad.com, who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution.
25.5. All disputes to which the purchase and sale transactions concluded in application of the T&C may give rise, concerning their validity, interpretation, performance, termination, consequences and developments, and which cannot be resolved amicably between the Seller and the *Buyer*, shall be submitted to the competent courts under the conditions of common law.
25.6. For the definition of the competent jurisdiction, the Seller elects domicile at 5 route du Cros - 42380 Saint-Bonnet-le-Château- France.
26. Nullity - inapplicability
In the event that one or more of the provisions of the Contract is cancelled or cannot be applied for any reason whatsoever, all the other provisions of the Contract shall remain valid and in force.
Last updated : 07 October 2024 (publication date)
Download this version of the T&C
Access previous versions :