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General sales conditions

I. PREAMBLE – SCOPE

1. Visitors to the site are required to take note of all these conditions as they inform them of relationship between STATIC SWIM SAS (hereafter referred to as ‘The Company') and its clients. They contain legal information about the collection of personal data by The Company during any visit to The Company's website, even in the absence of sales. These conditions apply to any order placed on the website www.staticswim.com. By means of the order module, when you validate your purchase you confirm your acceptance of its contents and the STATIC SWIM general sales conditions. These conditions are governed by French law and are subject to modification at any moment without prior notice.

2. The following contract is hereby concluded between the proprietary company of the website, which is: Business Name: Static Swim SAS Legal Form: SAS Capital: 5.000 € SIRET: 531 024 362 00018 N° TVA INTRA FR 00 531 024 362 Full Address: 81 Av Maignan 31200 Toulouse, France Phone: 06 70 82 05 25 E-mail: contact@staticswim.com - and any natural or legal person (hereafter ‘The Customer') who or places an order via our website, for any STATIC SWIM product.

The Customer is required to address any correspondence or complaint to the above address.

3. Traders are not eligible for consumer protection provisions included in our conditions unless expressly stated otherwise.

4. These conditions apply to all natural or legal persons, regardless of their geographic location.

5. The content of the contract is made up of the general conditions and the contractual arrangements listed on our website. These conditions supersede and invalidate any general conditions bearing an earlier date, and will be replaced by any future editions. The same applies for the contractual arrangements on our website.

The parties agree that their relationship is governed exclusively by this contract, excepting any other conventions, especially any other general sales conditions. Any revision of these conditions desired by The Customer should be put forward in writing and expressly accepted by The Company, in writing prior to order, for it to be enforceable. Any order placed before the completion of the above procedure implies full acceptance of our general conditions.

These conditions apply to the sales of all our products as they are presented on our website. A specific request is possible under a special framework agreement solicited as and when necessary. Please contact us for any further information.

All information is presented to The Customer in French. French is the reference language. In the presence of translated documents, only the French document will be taken into consideration as the former may contain factual errors and misinterpretations.

The Company is not responsible for the translations on our website www.staticswim.com. Data sheets, user manuals and installation guides are provided only in French and English. The Customer hereby accepts to receive this information in only these languages.

II. APPLICABLE LAW – ATTRIBUTION OF JURISDICTION – COMPETENT COURTS

The present conditions and any consequential actions are governed by French law. In the case of any dispute which may arise with regards to the present conditions or consequential actions, jurisdiction shall be expressly assigned to the Courts of Toulouse.

In the event that French law allows an exemption from the rules of domestic territorial jurisdictions, it is understood that any dispute relating to validity, interpretation and the fulfilment of the contract shall be subject to exclusive jurisdiction of the location of the Head Office of STATIC SWIM.

III. OUR PRODUCTS AND SERVICES

1. The Company reserves the right to modify the list of available products and services on the website without prior notice. The Customer agrees to this without any rights to compensation, especially in the event of any interruption to the sales of a product.

2. The Customer agrees that photos and descriptions of products on our website are of no contractual nature whatsoever. The Customer hence waives all rights to reparation of any damage and/or to cancel an order.

3. Our offers are available subject to availability from our suppliers. In the event of an order placed for an item that is unavailable, The Customer will be informed as soon as possible via phone or e-mail.

4. The Company accepts no responsibility with regards to installation and use of our products by The Customer. A user manual and installation guide is provided with all of our products on delivery. The Customer commits to following all instructions scrupulously.

IV. ORDER

By virtue of article 1369-4 of the French Civil Code, the only language permitted for the conclusion and implementation of this contract is French.

To place an order for one or several products, The Customer is required to fill out an order form on our website, respecting all procedures and contractual arrangements defined by The Company. The Customer is also required to provide an address, via the website or post (if payment is by check).

The Customer is required to provide all the necessary information while placing an order. This information should be complete, precise, and up-to-date. In the event of any infringement of the terms of the present article, The Company reserves the right to cancel the order.

After completing the order form and before confirming an order, The Customer is required to fully accept the present conditions, which are accessible by a hypertext link before checking the box indicating acceptance. Refusal to do so cancels the order.

By checking the box ‘I accept the general sales conditions', The Customer declares that they have taken note of and accept these conditions. The Customer also agrees not to recognise any contradictory or companion documents.

The order is permanently registered only after the confirmation of the order summary screen, in order to allow The Customer to rectify any possible data input errors (articles 1369-4 and 5 of the Civil Code) The final validation of the order (hereafter ‘The Final Click') is deemed the written signature of The Customer and triggers the sending of the order form to The Company.

Following the Final Click, which is irrevocable proof of The Customer's commitment, the order is irrevocable and contestable only in specific cases restrictively noted by law.

The validation of an order by The Customer and all information recorded by the Company with regards to the order are proof of The Customer's commitment.

The order summary screen may be printed out by The Customer and sent via post to STATIC SWIM with a payment by check. The order is recorded on receipt of payment.

Any unilateral cancellation of an order by a trader will not be accepted without consent of The Company. If, despite this, the buyer cancels an order, acceptance of the cancellation shall give rise to a compensation set at 10% of the amount of the order, all tax included, and a forfeit of any advance payment that may have been made.

The invoice includes the price of each product HT, if necessary, the amount of the TVA calculated on total HT and included in the total TTC.

VI. PRICE - INVOICING

1. The prices shown on our site are in Euros, not including tax or packing and shipping charges. They are subject to modification without prior notice. The prices and tax applied are those corresponding to the rates in force of the date of order.

2. The Customer is required to confirm the total amount of an order, including tax, packing and shipping charges, on the order summary page on our website before final validation of the order. A confirmation e-mail will also be sent.

3. A detailed invoice is attached to the package on delivery of the product(s).

VII. PAYMENT

The Customer can pay via (1) Credit Card (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), (2) Paypal (3) Check in Euros, endorsable in France, or (4) Bank transfer. For shipping outside of France, payment is to be made via credit card, Paypal or bank transfer.

1. Payment by credit card is made by The Customer on the final validation of an order. The secured system 3D Secure allows The Customer to safely enter the type of card (Carte Bleue, Visa, Eurocard, Mastercard), card number, validity period and cardholder name. The input of this information is deemed authorisation to debit the total amount of the order. The amount is debited before shipment of the order and is conditional to receipt. Before validating any payment by credit card, to avoid any fraud attempt, The Company reserves the right to ask The Customer to provide a copy of personal identification as well as the security code for the credit card used.

Anti-Fraud System

To prevent Internet fraud in regards to payment by credit cards, The Company has implemented the following measures:
- Recording of IP address, precise time and date of transactions (this information is confidential unless there is an attempt at fraud).
- Maximum spending limit, set at 300 euros.
- Purchasing block in certain countries.
- Any attempt at fraud, regardless of amount and origin, will be prosecuted under law. Cards issued by banks not domiciled in France must be international cards.

2. For any payment by Paypal, The Customer is required to have a Paypal account.

3. Any payment by check must be made in Euros and must be endorsable in France. Cashing of the check is made upon its receipt. Hence, it is necessary to expect an average delay of 8 days before the order is taken into account.

Any check must be made out to STATIC SWIM SAS and sent via post to : STATIC SWIM SAS, 81 Av Maignan 31200 Toulouse, FRANCE.

Any check must be accompanied by a copy of the order form. If no order form is present with a check, the order is cancelled and the check returned to the sender, unless STATIC SWIM SAS is unable to identify the corresponding order.

The Company reserves the right to ask The Customer for a bank draft and/or proof of identity and/or proof of residence with regards to the validation and the handling of an order to ensure the quality and security of the delivery of the order.

4. For payment via bank transfer, The Customer receives all information via a confirmation e-mail sent following the final validation of the order.

5. The transfer of ownership of material products takes place after payment of the total amount of the order.

VIII. DISPATCH AND DELIVERY

Delivery Period:

1. The times indicated are average times and include shipping and handling. The times however may vary depending on the destination, and do not include public holidays and weekends. In regards to traders, delivery times are approximate. Longer delivery times cannot give rise to compensation, especially in the cases of ‘force majeure' and exceptional circumstances beyond our control.

2. Shipping is paid for by The Customer. All costs are displayed on our website as well as the order form that The Customer is required to validate.

3. Delivery is made to the address as entered by The Customer during order placement. We offer, for each delivery, a particular mode of transport with lump sum costs that are displayed on the order form. The cost of the delivery depends on the weight, volume and destination of the order.

Signing the delivery receipt means that The Customer accepts the products in their state. Hence, no further claim in regards to damages during transport will be accepted. It is The Customer's responsibility to verify and make any reserves and, if necessary, lodge any claims against the transporter.

Upon receipt of products, The Customer is required to immediately verify their state and conformity in regards to the contract. Any complaints relative to defective products, error in quantity, or an error in the order reference must be put forward in writing no more than 48 hours after receipt of the products. Failure to do so forfeits all rights to claims.

The Company cannot in any case be held responsible for any compensation or cancellation of an order if a product is incompatible with any material already owned by The Customer.

IX. UNAVAILABILTY OF PRODUCTS

In the event that a product is unavailable, The Company will contact The Customer informing them of a new delivery time or another replacement product having the same quality and with either equal or more functions than the one ordered.

The Company shall not be held responsible for the non-execution of a concluded contract in the event of a short supply or unavailability of a product, of a ‘force majeure', of a partial or total interruption of postal and transport services and/or communication services, of a flood or a fire. In any case, any delay in delivery does not constitute a valid compensation, stoppage, or cancellation of any order.

X. RETENTION OF TITLE

The products delivered to and paid for by The Customer belong to The Company until receipt of the full amount of the order. Only then does the transfer of ownership take place. The risks relative to products (loss, robbery, damage, etc.) as well as the obligation to repair any damage that they may cause to persons or to property are transferred to The Customer upon delivery.

XI. INVOICING

A detailed invoice is sent to The Customer with the package. Details of the amount of T.V.A (for deliveries in France only) allows communities, companies and liberal professions to recover it.

Withdrawal rights provided by the law are subject to the condition that The Customer returns the product intact with its accessories and documents, in its original packaging. This does not apply to products made specifically for The Customer or personalized products. Return costs of the products shall be borne by The Customer.
According to article L 121.20.2, products that are specifically made for the Customer are not eligible for any withdrawal rights.

XII. RULES FOR INSTALLATION AND USE

By purchasing a STATIC SWIM™ product, The Customer agrees to understand and respect the any regulations, precautions and instructions pertaining to the use of the product(s). The Customer also agrees to provide this information to any person whom he of she allows to use a STATIC SWIM™ product. The STATIC SWIM Company declines any responsibility for the installation and use of STATIC SWIM™ products that have been sold to The Customer. An installation and user guide is provided with all products that are delivered, and are also available on this online site. The Customer thereby agrees to take note of the information (here) and thoroughly follow the instructions.

XIII. GUARANTEE AND LIABILITY

1. All STATIC SWIM™ products benefit from legal guarantees provided by articles 1641 (and forth) by the Civil Code. In the event of non-compliance of a product sold, it may be returned to STATIC SWIM™, who will recover, exchange or refund the buyer. Any complaints or requests for exchanges, or refunds should be put forward in writing via post to The Company's address.

2. The Company does not assure that its products will comply with the requirements of every country in the world. The Company only assures this with regard to French requirements. The Company accepts no responsibility in the event that a delivered product does not comply with the law in the country of delivery or when the rules violated are not applicable in France. The Customer pledges to be aware of the requirements in their country before placing an order.

3. The Company will not be held responsible with regards to damages relative to Internet use, especially in the case of damage caused by:
- Interruption of service non-attributable to The Company ;
- External interruption, action of a third-party that could be damaging, non-authorised access or modification of data of the Company by a third-party ;
- Attack by computer virus perpetrated by The Customer's equipment during order.

4. In the event that The Company should be responsible in regards to The Customer, the amount of the sum owed can in no case be greater than the selling price of the product concerned, unless The Customer prefers a replacement of the products in question.

XIV. CUSTOMS DUTIES

Any order placed on staticswim.com to be delivered outside of Metropolitan France may be subject to eventual taxes and customs duties. The customs duties and tax as the package enters the country in question shall be fully borne by The Customer. The Company STATIC SWIM™ is not in a position to verify these duties and taxes. The Customer is advised to consult the authorities of their country to find out the necessary formalities.

XV. EXPORTATION

The Customer agrees to not export or re-export the products without prior written permission from The Company.

XVI. DATA PROTECTION AND PRIVACY

1. The Company collects and employs your personal data to identify you during handling, to provide you with quality service, and for your ease of access to its services. The collecting of data allows The Company to inform you of improvements to our services and our special offers. It also allows us to inform you of other useful informatio, for example, information from our partners. In certain cases, your personal data is used to conduct surveys to evaluate your satisfaction and improve our services. The Company pledges to not reveal this confidential information to third-parties. This information is used by internal services to handle orders and to reinforce communication between The Company and customers of STATIC SWIM™, primarly via the STATIC SWIM™ newsletter. This article cannot prevent the transfer of activities to third-party.
In certain cases where we would like to use your information for other purposes than listed upon submission, you will be contacted for permission.

2. The Company may collect personal information when you contact us, when you consult our website, when you place an order, when you sign up for a workshop or a survey, when you subscribe to one of our Internet services or when you subscribe to a mailing list. Furthermore, your web browser can tell us the type of computer and browsing software you use. In addition, The Company is able to use ‘cookies' that allow us to identify you when you consult our site. These cookies do not contain personal information, but only data on the most frequently visited sections of our website, the location of browsers and the time spent. This information allows us to improve our website and services.

3. Any information requested during an order must be fulfilled. Otherwise, the order will be cancelled.

4. The Company's website may contain links to other websites. We do not accept any responsibility regarding practices and confidentiality rules of these sites.

5. Furthermore, The Company reserves the right to use IP addresses and any other information collected to (1) Identify Internet users when required by law, police or by any administrative authority governed by the law, and also to (2) Identify Internet users who violate the present conditions. In this case, we could be led to disclose your IP address to our suppliers or, if The Company feels necessary especially in light of the violation of the present conditions, to disclose it directly to relevant authorities.

6. Protection of personal data : The Company uses 3D Secure coding on its web pages for payment. To complete an order, you are required to use a compatible web browser such as Internet Explorer, Mozilla Firefox or Google Chrome. Your personal data as well as your credit card number are conveyed over the Internet in such a way as to ensure the confidentiality of your information.

7. According to the law 78.17, dated 6.01.1978 The Customer has right of access and correction with respect to any personal information. To consult or rectify this information, The Customer should write to The Company, whose postal and electronic addresses are available on the legal notice of the present website. The Customer also has a right to opposition to any processing of personal information.

XVII. FOR PROFESSIONAL USERS

Under all circumstances, a professional user who acquires one or more STATIC SWIM™ products is solely responsible for the installation and use of these products by their clients or any third party users. (Refer to XII. Rules for Installation and Use)

By purchasing STATIC SWIM™ products, professional users explicitly agree, unreservedly and indefinitely, to take note of and respect the following sales agreement:

1. General Points

1.1 In exchange for delivery of STATIC SWIM™ products and materials, the professional user explicitly and unreservedly agrees to be mentioned as a "partner" for the use and/or marketing of STATIC SWIM™ products on the STATIC SWIM™ online site.
As such, the buyer explicitly and unreservedly allows the URL reference of their online site to be published on the STATIC SWIM™ online site.
Likewise, if the buyer owns an online site, they agree to publish the URL reference of the STATIC SWIM™ online site (https://www.staticswim.com/) as a partner within a month of the date of purchase.

1.2 Any form of exclusive contract is not included.

2. For professional users: Sports and therapy professionals

2.1 If the buyer is a sports or therapy professional, in exchange for delivery of STATIC SWIM™ products and materials, the professional user explicitly and unreservedly agrees to be mentioned as a "partner" for the use and/or marketing of STATIC SWIM™ products on the STATIC SWIM™ online site.
As such, the buyer explicitly and unreservedly allows the URL reference of their online site to be published on the STATIC SWIM™ online site.
Likewise, if the buyer owns an online site, they agree to publish the URL reference of the STATIC SWIM™ online site (https://www.staticswim.com/) as a partner within a month of the date of purchase for the entire time the STATIC SWIM™ products are used.
The STATIC SWIM Company is lawfully entitled to any videos or photos that include STATIC SWIM™ material. These photos and/or videos may be used by the STATIC SWIM Company in any form for any exhibition purposes (fairs, online site, etc.) unconditionally and indefinitely.
The professional user agrees to, if requested by the STATIC SWIM Company, to allow the STATIC SWIM Company to make use of its facilities for various purposes (showroom, video shooting, product testing etc.) outside of regular working hours.

2.2 The STATIC SWIM Company may provide a product advertisement in the form of a poster (1,50 m x 2,50 m). In exchange for sale and delivery of STATIC SWIM™ products, this advertisement must be displayed in proximity to the swimming pool for a minimum duration of 6 months. The STATIC SWIM Company may also provide flyers, which must be made accessible to members of the club for a minimum duration of 3 months.

2.3 In the event STATIC SWIM™ products are used for a particular class provided by the sports establishment, the name STATIC SWIM™ is required to be present in the title of the particular class.

2.4 Intellectual Property
The STATIC SWIM Company offers tutorials on different ways to use STATIC SWIM™ products in pools for aqua fitness, be it in the vertical position (walking, running, forwards and backwards, sideways, etc.), in the horizontal position (all swimming styles), in a sitting position as well as many other aqua fitness exercises involving resistance swimming using STATIC SWIM™ equipment with or without accessories (flippers, webbed gloves etc.).
It should also be noted that the STATIC SWIM Company offers guides on different movements for aqua fitness that are specifically adapted to STATIC SWIM™ material. These are available as videos on the STATIC SWIM™ online site.
With respect to the previous statement, all exclusive and prior rights pertaining to the different uses of STATIC SWIM™ equipment are exclusively reserved to the STATIC SWIM Company. No other natural or legal person may claim prior and exclusive rights to any use of STATIC SWIM™ equipment in a sports centre or elsewhere.
No other natural or legal person may offer for sale outside of a sports and/or therapy centre any products, user guides or classes using STATIC SWIM™ equipment without specific written permission from the latter.

XVIII. INTELLECTUAL AND INDUSTRIAL PROPERTY

The intellectual and industrial rights to all of the items (graphics, videos, images, text, music etc.) featured on this online site and on any item created for this online site belong exclusively to STATIC SWIM. The intellectual and industrial rights to all of STATIC SWIM™ products and equipment belong exclusively to the STATIC SWIM Company.
Clients who acquire STATIC SWIM™ product have no claim whatsoever to the intellectual and industrial properties of the aforementioned products. The STATIC SWIM Company does not deliver any form of permit or release its intellectual and industrial property rights on any STATIC SWIM™ product. Other than personally consulting the online site to purchase products and/or services, the client is accorded no other right by STATIC SWIM. Any use of STATIC SWIM™ products other than its intended purpose constitutes an infringement on intellectual property and will be sanctioned. Any prohibited representation and/or reproduction will be sanctioned. Any partial or total reproduction of online sites edited by STATIC SWIM is strictly prohibited.

© Copyright 2011-2014 STATIC SWIM SAS