Terms and conditions of sale

1.1
These General Terms and Conditions of Sale (GTCS) apply to all contracts concluded between a consumer and not a professional (hereinafter referred to as the “Customer”) and Absolute Teamsport (hereinafter referred to as the “Seller”) and having as their object the products presented by the Seller on its online shop. These GTC cancel any conditions imposed by the Customer, unless otherwise agreed.

1.2
For the purposes of these GCS, a consumer is any natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal profession activity. For the purposes of these GTC, a professional is a natural person or legal entity, whether public or private, who is acting, including through the intermediary of another person acting in his name or on his behalf, for purposes which fall within the scope of his commercial, industrial, craft or self-employed activity.

2.1
The product descriptions published in the Seller’s online shop represent binding offers from the Seller, which the Customer accepts by placing an order.

2.2
The Customer may place an order using the order form in the Seller’s online shop and thereby accept the Seller’s offer. When placing an order via the online form, the Customer, after having entered the personal information relating to the order and clicked on the button completing the order (“Pay the order”), issues a declaration of firm acceptance of the offer relating to the goods contained in his order basket.

2.3
The Vendor shall send the Customer an electronic acknowledgement of receipt of the order.

2.4
The text of the contract is archived by the Vendor and is sent to the Customer together with these GCS after the order has been sent, in text form (e-mail). In addition, this document is also archived on the Vendor’s website and may be requested free of charge by the Customer via his password-protected account, indicating the respective login details, provided that the Customer has created an account on the Vendor’s website before placing his order.

2.5
Before placing a firm and definitive order via the Vendor’s online form, the Customer has the possibility of correcting his or her entries. In addition, all the information communicated is displayed again in a confirmation window just before the order is definitively validated and can be corrected in the same way.

2.6
Only the three languages of the site (French, English and German) are binding for the conclusion of the contract.

2.7
Orders are processed and contact made by e-mail and via an automated order processing system. It is the Customer’s responsibility to ensure that the e-mail address provided is correct for order processing purposes and so that the Customer can receive e-mails sent by the Seller. In addition, the Customer must ensure, in the event of the use of undesirable e-mail filters (anti-spam), that all e-mails sent by the Vendor itself or by third parties responsible for processing the order can be received.

As a European consumer, you can cancel your order under the European Consumer Protection Directive 2011/83/EU. You may inform us of your decision to cancel your order and request a refund within 14 days from the date of receipt or collection of the item.

This right does not apply to personalized products (jerseys with flocking, etc.).

Items will be returned at the customer’s expense using a secure delivery method. The choice of delivery service provider is left to the Customer’s discretion. The Customer may also choose to use the return label provided by the Seller. This will be deducted from the refund.

It will be the Customer’s responsibility to retain all proof of return, which assumes that the items are returned by registered post or by any other means giving a certain date to this dispatch.

Please add the retraction document (downloadable here) to your returns document.

4.1
Insofar as nothing else is apparent from the product descriptions published by the Seller, the prices indicated by the Seller are the prices in euros inclusive of all taxes and therefore include value added tax (VAT). However, additional delivery and shipping costs may apply. Where applicable, these are expressly displayed on the Seller’s site.

4.2
The Customer may choose between several payment options which are displayed on the Seller’s website, namely Visa, Mastercard, Bancontact and Apple Pay.

The payment provider used by the Seller is Saferpay, a subsidiary of Worldline.

4.4
If advance payment is agreed, it must be made immediately after the contract has been concluded.

5.1
Goods are regularly delivered by post to the delivery address indicated by the Customer, unless otherwise agreed.

5.2
If the transport company returns the goods to the Seller following the impossibility of handing over the goods to the Customer, the costs of the unsuccessful shipment shall be borne by the Customer. This is not the case if the Customer has effectively exercised his right of withdrawal, if the Customer is not responsible for the circumstances which led to the impossibility of handing over the goods or if he is temporarily prevented from accepting delivery, unless the Seller had informed him that the goods would arrive within a reasonable period of time.

5.3
The risk of loss of or damage to the goods passes to the Customer when the Customer, or a third party designated by the consumer and other than the consumer, takes physical possession of the goods. If the Customer is a professional, the risk of loss or damage is transferred to the Customer when the goods are handed over to an authorized carrier at the Seller’s registered office.

5.4
If the Customer is a professional, the Seller reserves the right to withdraw from the contract in the event of incorrect or inappropriate delivery by its suppliers. This only applies in the event that the Seller is not responsible for the faulty delivery and that the Seller has entered into a congruent compensation transaction with the supplier by exercising due diligence. The Seller must make every reasonable effort to deliver the goods to the Customer. In the event of total or partial unavailability of the goods, the Customer will be informed immediately and the price will be refunded immediately.

5.5
In the event of collection by the Customer, the Seller will inform the Customer by e-mail that the goods ordered are ready for delivery. Once the e-mail has been received, the Customer may collect the goods from the Seller’s head office in agreement with the Seller. In this case, the Customer shall not be liable for any shipping costs.

6.1
The legal provisions on conformity and legal guarantee apply.

6.2
If the Customer is a professional a minor defect does not give rise to trade-in rights, the Seller may choose the method of repair or compensation, the statute of limitations does not start to run again if the goods sold are replaced in the context of the legal guarantee.

6.3
If the Customer is a professional, the aforementioned limitation of liability clauses and limitation periods (article 6.2) do not apply to the damage and reimbursement obligations which they may assert in accordance with the legal provisions relating to product defects within the meaning of article 7.

6.4
If the goods are delivered with obvious transport damage, the Customer is requested to report these defects to the distributor and to inform the Seller. If the Customer does not comply with this request, his legal or contractual rights to damages shall remain unaffected.

6.5
If the Customer receives a replacement delivery, he must return the goods received on the first delivery to the Seller within 30 days, the cost of return being borne by the Seller. Defective goods must be returned in accordance with the statutory provisions.

The Seller shall be liable to its Customer for damages or reimbursement of expenses for any breach of contractual, quasi-contractual, legal, or tortious obligations as follows:

7.1
By legal provisions, the Seller remains fully liable

• In the event of criminal intent or gross negligence,
• In the event of wilful or negligent injury to life, limb, or health,
• In the event of a guarantee, unless otherwise stipulated,
• In the event of mandatory product liability.

7.2
If the Seller breaches an essential contractual obligation, its liability is limited to the damage foreseeable at the time the contract was concluded, unless unlimited liability applies in accordance with the provisions of paragraph 7.1. Essential contractual obligations are obligations which the contract imposes on the Seller in order to achieve the purpose of the contract and compliance with which is essential to the proper performance of the contract and on compliance with which the Customer is entitled to rely.

7.3
Apart from the cases provided for above, all liability on the part of the Vendor is excluded.

7.4
The above regulation on liability also applies to the liability which the Vendor incurs for his agents or for his representative.

8.1
Any legal relationship between the contracting parties is subject to the law of the Grand Duchy of Luxembourg, to the exclusion of the international commercial law of the United Nations. For consumers, this choice of applicable law is valid only insofar as the protection conferred by mandatory provisions of the country where the consumer usually resides is guaranteed.

8.2
In addition, this rule of applicable law concerning the legal right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union and who only have their domicile and delivery address outside the European Union.

If the Customer is a professional within the meaning of the Luxembourg Register of Commerce and Companies, a legal person under public law or a public asset with its registered office on the territory of the Grand Duchy of Luxembourg, the exclusive place of jurisdiction for all disputes arising from the contract is the Vendor’s registered office.

If the Customer has its registered office outside the territory of the Grand Duchy of Luxembourg, the Vendor’s registered office shall be the exclusive place of jurisdiction for all disputes arising from the contract, if the contract or actions arising from the contract can be attributed to the Customer’s professional activity. However, in the aforementioned cases, the Vendor has the right to bring the matter before the court of the Customer’s registered office.

If the Customer is a professional within the meaning of the Luxembourg Register of Commerce and Companies, a legal person under public law or a public asset with its registered office on the territory of the Grand Duchy of Luxembourg, the exclusive place of jurisdiction for all disputes arising from the contract is the Vendor’s registered office.

If the Customer has its registered office outside the territory of the Grand Duchy of Luxembourg, the Vendor’s registered office shall be the exclusive place of jurisdiction for all disputes arising from the contract, if the contract or actions arising from the contract can be attributed to the Customer’s professional activity. However, in the aforementioned cases, the Vendor has the right to bring the matter before the court of the Customer’s registered office.

Download the claim form.