TERMS & CONDITIONS OF USE

I. AVAILABILITY OF ITEMS

Product offers and prices are valid for as long as they are visible on the Site, except for special operations whose validity period is specified on the Site. The Internet user is invited to consult the availability of items sold on the information page for each product. In the event of an order for an item that proves to be unavailable, the Site reserves the right to cancel the order, subject to notifying the Internet user.

In the case of an order for several products, if one of the products proves to be unavailable, the Site will inform the Internet user of the impossibility of sending the unavailable item. The remainder of the order will be processed and dispatched to the customer within the timescale announced on the Site.

The Internet user may also choose to cancel the entire order, subject to informing the Site in advance by telephone or e-mail.

II. Order place

HOW TO PLACE AN ORDER ON WWW.DIAMSPORTS.COM?

Placing an order is a multistep process:

  • the Internet user fills his/her basket with products,
  • the Internet user chooses his/her delivery method,
  • the Internet user chooses his/her payment method,
  • the Internet user receives an e-mail confirming the order,
  • Finaly the Internet user receives an order validation e-mail.

The order validation e-mail signifies the Site's acceptance of the Internet User's order, and thus

forms the sales contract between the Parties.

As soon as the order has been dispatched, the Site sends an e-mail confirming dispatch to the

Internet User, with the carrier tracking reference, where applicable.

OUR PRICES

Prices shown on the Site are in euros and include all applicable taxes in Metropolitan France + Corsica.

VAT is applied at the rate in force at the time the order is placed. The prices of products displayed on the Site do not include delivery charges, the price of certain packaging or the price of other optional services subscribed to by the Internet user, which are extra.

The latter will be brought to the attention of the Internet user on the summary screen before final validation of the order.

Furthermore, the Internet user is hereby informed that product and service offers and prices offered for purchase in the Site's store(s) are not applicable to purchases on the diamsports.com website, and vice versa.

WHAT METHODS OF PAYMENT ARE AVAILABLE?

You can pay for your purchases by credit card online, by credit card over the phone, by bank transfer or by money transfer (MoneyGram, Western Union).

Payment must be fulfilled when ordering The security of online credit card payments is guaranteed by the SSL (Secure Socket Layer) encryption system, and by the use of the CM/CIC banking company for payment processing.

Cheques should be made payable to Diamond Equipment Sarl and sent to 75 boulevard Soult 75012 PARIS.

Bank transfers should be made to the account of Diamond Equipment Sarl:

IBAN : FR76 3006 6105 1100 0102 6560 143 BIC : CMCIFRPP


In the case of deferred payment by bank transfer, the Site reserves the right to cancel the order if the the bank transfer is not received within 14 calendar days of the order date.

The Internet user's bank account will be debited with the amount of the products and services selected by him/her once the order is awaiting dispatch.

PROOF OF ORDER/PAYMENT

In the absence of proof to the contrary, our computer records and those of our service providers, kept in reasonable conditions of security, will constitute proof of all transactions between the Site and the Internet user.

In accordance with regulations, we archive orders on a reliable medium. The Internet user may access this on the diamsports.com website in the "My account" area.

In all cases, the Site recommends that the Internet User keep the order validation e-mail.

III. Shipping

WHERE?

Products can be delivered anywhere in the world, insofar as postal services are provided for the

weight in question, to the delivery address given by the Internet user on his/her order.

In the case of delivery to a collective address, the Internet user acknowledges that the Site's service

for the routing of the order ends with the actual delivery to the collective address indicated in the

order, even though the product may be received by a third party, with the transfer of risks to the

Internet user taking place at that time.

WHAT ARE THE DELIVERY TIMES?

The delivery times announced on the diamsports.com website apply from the date of postal delivery

of the products ordered by the Internet user. For metropolitan France, these delivery times may not

exceed 30 days from validation of the order by the Site. The Internet user is informed of the

dispatch of his/her order by e-mail.

In the case of payment by cheque or bank transfer, the delivery time begins to run on receipt of the

Internet user's cheque or bank transfer.

WHAT IF I'M ABSENT?

As delivery is made by La Poste (unless otherwise indicated), the Internet user who is absent at the

time of delivery has 10 working days to collect the parcel from the post office indicated. After this

period, the parcel will be returned to the Site. An initial reminder will be sent to the Internet user by

the Site upon receipt of the returned parcel. In the absence of a response from the Internet user

within 7 days, the Site will consider that the Internet user has exercised his/her right of retraction.

For the delivery of heavy and bulky products, the carrier will contact the Internet user directly to

arrange a delivery time. In the event of absence from the agreed delivery time, the Internet user

must notify the Site at least five (5) working days before the agreed delivery date. Should the

Internet User fail to do so, the carrier will invoice the Internet User for additional presentations.

RESERVATION OF OWNERSHIP

The Site retains full ownership of the items purchased by the Internet user until he/she has fulfilled

all his/her obligations, and in particular until full payment of the price, plus interest where

applicable.

CANCELLATION

In accordance with the legal provisions in force, the Internet user has a cooling-off period of 14

clear days from the date of receipt of the order.

In accordance with article L.121-20-2 of the French Consumer Code, there are some products for

which this right of withdrawal is not applicable, in particular for the purchase of products made to

the consumer's specifications or clearly personalized.

The right of withdrawal is at the expense of the Internet user. The Internet User may notify his

decision to withdraw from this contract by means of a clear and unambiguous statement to the

following address:

  • by post : Diamond Equipment Sarl - 75 Boulevard Soult à PARIS (75012)- France
  • by e-mail: sav@diamsports.com

If he/she so wishes, the Internet user may use the model retraction form available in the appendix to

these general conditions of sale.

The Internet user must return the goods to the following address:

Diamond Equipment Sarl - 75 Boulevard Soult à PARIS (75012)- France

Alternatively, the product(s) may be returned to the store at the same address during opening hours.

In the event of a return, the Internet user must pack the item carefully.

The Internet user is free to choose how to send his or her product and whether or not to take out

insurance in the event of loss, theft or destruction of the parcel. The Site does not bear any of these

costs, nor the cost of transport, and cannot be held responsible for the non-receipt of the Internet

user's parcel.

The Site advises Internet users to opt for tracked delivery. In general, all costs and risks associated with the return of the product are the responsibility of the Internet User.

Only products returned complete, in perfect condition and in their original packaging will be accepted. Otherwise, the return will be considered as non-compliant and will not be reimbursed by the Site.

Assuming that the Internet user complies with the returns procedure described above, reimbursement will be made within 14 days of receipt of the products by the Site. In the case of payment by credit card, reimbursement is made directly to the Internet user's credit card account.

For other payment methods, reimbursement is made by cheque, sent to the billing address, or by

bank transfer, if this is more convenient for the Internet user, particularly if he/she is a citizen of a

country other than France.

In the event of a partial return of an order, the Site will reimburse the customer for the cost of shipping (one-way) in proportion to the total amount of the order. In the event of a total return of an order, the Site will reimburse the customer for the total amount of shipping costs paid at the time of the order.

For returns outside the EU, customs duties are the responsibility of the buyer.

WARRANTIES / AFTER-SALES SERVICE

LEGAL WARRANTY

Independently of any commercial warranty that may be granted to the Internet user, the Site remains

liable for defects in conformity of the goods sold in accordance with Articles L211-4 to L211-3 of

the French Consumer Code, reproduced in part below. The Site is also bound by the legal warranty

for hidden defects under the conditions set out in articles 1641 to 1648 of the French Civil Code, as

well as article 2232 of the same code, reproduced in part below.

"LEGAL WARRANTY OF CONFORMITY"; (EXTRACT FROM THE CONSUMER CODE)

Art. L. 211-4. "The seller is required to deliver goods in conformity with the contract and is liable

for any lack of conformity existing at the time of delivery. He is also liable for any lack of

conformity resulting from the packaging, assembly instructions or installation when the latter was

made his responsibility by the contract or was carried out under his responsibility";.

Art. L. 211-12. "Action resulting from lack of conformity is barred after two years from delivery of

the goods";.

Art. L. 211-5 ";To conform to the contract, the good must:

1. Be fit for the use normally expected of similar goods and, where applicable :

- Correspond to the description given by the seller and possess the qualities that the seller

has presented to the buyer in the form of a sample or model;

- Have the qualities that a purchaser may legitimately expect, having regard to public

statements made by the seller, the producer or his representative, particularly in advertising or

labelling.

2. Present the characteristics defined by mutual agreement between the parties or be suitable for any

special use sought by the buyer, brought to the attention of the seller and accepted by the latter".

";GUARANTEE AGAINST HIDDEN DEFECTS"; (EXTRACT FROM THE CIVIL CODE)

Art. 1641. ";The seller is bound by the warranty for hidden defects in the item sold which render it

unfit for the use for which it was intended, or which so diminish that use that the buyer would not

have purchased it, or would have paid a lower price for it, had he known of them";.

Art. 1648 - paragraph 1: "; The action resulting from redhibitory defects must be brought by the

purchaser within two years of the discovery of the defect";.

COMMERCIAL WARRANTY

Certain products sold on the Site may benefit from a commercial warranty, the duration of which is

mentioned on the product page of the items concerned. In the event that the item ordered by the

Internet user is covered by a commercial warranty, the latter will receive, at the latest at the time of

delivery of his order, a document specifying the content of the commercial warranty, its

implementation procedures, its possible price, its duration, its territorial scope, as well as the name

and address of the guarantor. However, this warranty will not apply in the event of a problem

caused by negligence, deterioration or inappropriate use of the product by the Internet user. In fact,

the Site draws the Internet user's attention to defects or malfunctions that may only be the

consequence of poor installation or handling of the equipment. In this respect, the Site invites the

Internet user to follow any troubleshooting instructions that may be sent to him, and to carry out

several tests on the equipment received.

IN PRACTICE

If the Internet user's product proves to be defective during the legal or commercial warranty period,

or does not conform to the order, the Internet user will submit an after-sales service request to the

Site, by post or e-mail.

Under the terms of the warranty, the Site will offer the Internet User the option of either taking the

product to the store or returning it. Shipping costs will be covered in accordance with the law,

whichever option is chosen. It is hereby clarified that all shipping costs related to a return under a

commercial warranty are the sole responsibility of the Internet user.

Once the product has been processed by the Site, which checks in particular whether the product

qualifies for the legal or commercial warranty, it is repaired or exchanged as standard.

If the cause of the breakdown falls within the scope of the legal or commercial warranty, and the

product cannot be repaired or exchanged for an identical or equivalent product, it will be reimbursed in the form of a credit note or refund. In all cases, the Site will propose the most appropriate solution (replacement of the defective part, replacement of the article or refund).

In the event of an abnormal or abusive return, or if the Internet user has not read and applied the

troubleshooting instructions provided by the Site, the return will be considered as a non-conforming

return and treated as such. Please note that the Internet user is free to choose the method of

shipment and to take out insurance in the event of loss, theft or destruction of the parcel.

The Site does not assume any of these costs and cannot be held responsible for the non-receipt of

the Internet user's package. Finally, the Internet user is responsible for the packaging of his/her

product, which must be such that the product can travel without risk of breakage or damage.

CUSTOMER SERVICE

For any questions relating to a purchase made on diamsports.com , the Site can be contacted:

-by telephone on +33(0)1 45 70 87 41 from 12:00 to 18:30 Monday to Saturday, excluding public

holidays.

-by e-mail to the following address: sav@diamsports.com

-By post to the following address: Diamond Equipment Sarl 75 Bd Soult 75012 PARIS (France)

APPLICABLE LAW/LITIGATION

These General Terms and Conditions of Sale are governed by French law.

They consist of the entirety of their clauses. Failure to invoke any of the clauses herein at a given

time shall not constitute a waiver of the right to invoke the same clauses at a later time.

In the event of the invalidity of one of the clauses, the other clauses remain valid.

IN THE CASE OF A SALES CONTRACT BETWEEN A PROFESSIONAL AND A PRIVATE

INDIVIDUAL

In the event of a dispute, the place of jurisdiction shall be the defendant's domicile or, at the

plaintiff's option, the place of actual delivery of the product.

The consumer is informed of the possibility of resorting, in the event of dispute, to a conventional

mediation procedure or any other alternative dispute resolution method.

IN THE CONTEXT OF A PROFESSIONAL-TO-PROFESSIONAL SALES CONTRACT

The Parties expressly agree to submit this contract to French law. They expressly agree that the

Vienna Convention on the International Sale of Goods shall not apply to their relationship. To this

end, any dispute which has not been settled amicably shall be submitted to the exclusive jurisdiction

of the competent Paris courts, notwithstanding multiple defendants and/or third-party claims, even

for emergency proceedings or protective proceedings in summary proceedings or by petition.

LEGISLATION / DISPUTES

These General Terms and Conditions of Sale are governed by French law.

They consist of the entirety of their clauses. Failure to invoke any of the clauses herein at a given

time shall not constitute a waiver of the right to invoke the same clauses at a later time.

In the event of the invalidity of one of the clauses, the other clauses remain valid.

IN THE CASE OF A SALES CONTRACT BETWEEN A PROFESSIONAL AND A PRIVATE

INDIVIDUAL

In the event of a dispute, the place of jurisdiction shall be the defendant's domicile or, at the

plaintiff's option, the place of actual delivery of the product.

The consumer is informed of the possibility of resorting, in the event of dispute, to a conventional

mediation procedure or any other alternative dispute resolution method.

IN THE CONTEXT OF A PROFESSIONAL-TO-PROFESSIONAL SALES CONTRACT

The Parties expressly agree to submit this contract to French law. They expressly agree that the

Vienna Convention on the International Sale of Goods shall not apply to their relationship. To this

end, any dispute which has not been settled amicably shall be submitted to the exclusive jurisdiction

of the competent Paris courts, notwithstanding multiple defendants and/or third-party claims, even

for emergency proceedings or protective proceedings in summary proceedings or by petition.

APPENDIX I: SAMPLE RETRACTION FORM

If the Internet user wishes to exercise his right of withdrawal - in compliance with the conditions set

out in Article 5 - he may use the form below:

For the attention of:

Sir,

I hereby notify you of my withdrawal from the contract for the sale of the following goods :

-Name(s) and reference(s) of item(s) :

-Ordered on :

-Received on :

-Order number :

-Name of customer placing order :

-Address of customer placing order :

-Customer signature :

APPENDIX II: SAMPLE RETURN MERCHANDISE FORM

Must be enclosed with your return package.

Returns will only be accepted with this form fully completed to the following address

DIAMOND EQUIPEMENT

75 Boulevard Soult

75012 PARIS

FRANCE

*Order number: ...........................

*Customer no. (if any): .............................

*Last name: ...................................................*First name: ..........................................

*Address: ......................................................................................................

Tel : ..................................... Mail : ......................................................

*Reference item :

*Quantity :

*Reason for return :

*Requested action : (Exchange or Refund)

*Mandatory fields

Goods must be returned within 14 days of receipt in their original packaging (unused items only).

original packaging (unused items only).

We will only accept returns of goods damaged in transit if the damage is notified to us

is notified to us upon receipt of the goods. In this case, the item will be replaced or

refunded.

Made at : .......................................... , On........................

Signature :

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