TERMS & CONDITIONS


Article 1: Object
These general terms and conditions are concluded between, on the one hand, the company SportsVision (of which Instinct is a registered brand), registered under French law, in Thonon-les-Bains under the number B 2013 311, VAT number FR58793019894 - head office located at 17 Rue de Montréal , 74100 Ville-la -Grand, France, represented by Mr. S Van Court in his capacity as president and Mrs. K Van Court as general manager, hereinafter referred to as "seller" or "Instinct Trail / SportsVision" and any other non-commercial natural person wishing to make a purchase via the instincttrail.com site (hereinafter referred to as Instinct Trail / SportsVision). The last date on which the present general conditions were updated is indicated at the bottom of the general conditions of sale. Instinct Trail / SportsVision reserves the right to modify or adapt the conditions of sale at any time and without notice, to bring them into compliance with legal and regulatory provisions. We invite the customer to consult these general conditions before placing an order on the instincttrail.com site. However, the general conditions of sale will only be applicable when the customer has confirmed his order.

Article 2: Product overview: intellectual property rights
The characteristics of the products offered for sale are presented in the shop section of our website. The photographs do not enter the contractual field. The responsibility of the Instinct Trail / SportsVision site cannot be engaged if errors were introduced. All elements of the Instinct Trail / SportsVision site, including logos, brands, names, images, comments, descriptions are protected by trademark law, patent law, the right image and the right author. All these elements are the property of the Instinct Trail / SportsVision website and / or its partners. They cannot be copied, reproduced, distributed, transmitted, downloaded, by any means whatsoever and for any reason whatsoever. Use of material on the Instinct Trail / SportsVision website will be requested and accepted by the Instinct Trail / SportsVision website and / or its partners. However, as part of the private copy exception, it is possible for the customer to keep a copy of the pages of the Instinct Trail / SportsVision website for strictly personal and non-commercial purposes, provided that they do not modify and respect all the proprietary notices and the copyright information contained on the site. Anyone wishing to download a hypertext link, including framing techniques or the creation of in-depth links, directly referring to the Instinct Trail / SportsVision website will require express, prior and written authorization. Otherwise, the link will be deleted at the request of the Instinct Trail / SportsVision site. Any other reproduction or representation, in whole or in part, that does not comply with the conditions set out above, would constitute an infringement which could engage the civil and penal liability of its author.

Article 3: Order Taking
The languages available for the customer to take orders are French and English. The customer can order from the reference product offers on the Instinct Trail / SportsVision website. Each product will be available on the website with images and a data sheet with product specifications. Order taking: any customer order implies acceptance of the prices and description of the products available for sale. From the references available on Instinct Trail / SportsVision, the customer can select the products he wishes to buy by clicking on the "Add to cart" button. At any time, the customer can consult his basket by clicking on the button with the basket image. The customer having chosen the products he wishes to buy will validate his order by clicking on the "order" button. The last step of the order will finalize your order by choosing the method of payment from those to display to confirm your order as well as viewed and accepted these terms and conditions. The confirmation of the order will be considered final and will be binding on both parties at the time of validation of the order by payment from the customer. When the customer has validated his order, an order confirmation will be sent to the address indicated when registering the order. Unless proven otherwise, the data recorded by the services of the Instinct Trail / SportsVision site are proof of all the elements related to control, as regards its nature, content, price and date. To fight against any type of fraud Instinct Trail / SportsVision reserves the right to ask the customer for any document proving his identity, the authenticity of his means of payment and / or his domicile. The data will be collected In accordance with Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data and amending Law No. 78-17 of January 6, 1978 relating to the IT, files and freedoms, the customer has the right to access, modify and delete information concerning him, and he can exercise at any time with Instinct Trail / SportsVision.

Article 4: Product Availability
The products are offered for sale while stocks last. In accordance with article L.121-20-3 of the consumer code, in case of unavailability of a product, and after validation of the order, the customer will then have the possibility of: 1) having a substitute delivered quality and an equivalent price, 2) either be reimbursed for the price of the product ordered within a maximum period of 30 days following the order, 3) or wait for the delivery of the product ordered. The Instinct Trail / SportsVision site undertakes to inform the customer of the delivery from its own suppliers. In the event of substitution of an article which does not suit the customer, the latter may exercise his right of withdrawal.

Article 5: Product Pricing
The shop section of our website indicates the prices in euros all taxes included and excluding shipping costs. The amount of VAT is specified in the selection of a product by the customer on the invoice. The shipping costs appear on the screen at the end of the selection of the different products by the customer. The Instinct Trail / SportsVision site reserves the right to modify prices at any time, but the products ordered are invoiced at the prices in force at the time of the order.

Article 6: Payment of your Order
Pay securely by payment by credit / debit card or Paypal: SSL (Secure Socket Layer) guarantees 100% confidentiality of your banking information. Payment is made on secure servers of PayPal or Banque Populaire Auvergne Rhone Alpes. This implies that no banking information concerning you is transmitted via the Instinct Trail site. Your order will be recorded and confirmed upon acceptance of payment by your bank. Payment by check: payable to SAS SportsVision InVisio, 17 Rue de Montréal, 74100 Ville la Grand, France. The delivery of the products ordered will take place after the presentation of the payment check by Instinct Trail and the confirmation of payment by the customer's bank. The check must be received within 14 (fourteen) days from the date of order confirmation - exceeded these limits, the order will be canceled, and the proceeds of the sale returned. Payment by bank transfer: All orders can be paid to SportsVision Invisio, Banque CIC - IBAN: FR76 / 1009/6184/1800/0587/9090/122 BIC: CMCIFRPP. For the reference of the transfer number indicated on the order confirmation, it is necessary to use the name and the name, used first during the validation of the order. The transfer will be credited to the SportsVision Invisio bank account within 14 (fourteen) days from the date of order confirmation - exceeded these limits, the order will be canceled, and the product returned for sale.

Article 7: Disputes / Refusal of payment / Retention of title:
In the event of refusal of payment sent by the customer's bank, the Instinct Trail site reserves the right to suspend the execution and delivery of such an order at any time. This suspension will continue until full payment by the customer. The order will be canceled if the payment is not received within 14 (fourteen) days from the date of order confirmation. If a partial payment has been made, this amount will be refunded to the customer. The Instinct Trail site reserves the right to refuse or cancel any order from a customer in the event of a dispute relating to payment or the return of previous orders. The Instinct Trail website reserves full ownership of the products until full payment by the customer.
Article 8: Shipping / Delay
Each product is delivered without warranty as to time, with the exception of deliveries to individuals. The delivery time varies depending on their address. It is defined for an address in France, the day of payment + 8 days and, for other destinations, the day of payment + 1 month. The products or services ordered are delivered to the address indicated by the customer when ordering and included in the confirmation email sent to him by Instinct Trail / SportsVision. For deliveries in France: Instinct Trail / SportsVision offers different delivery methods which take into account the weight, volume and country of delivery. We strongly advise against delivery to hotel destinations, a workplace or multi-occupant accommodation. Any order placed by one of these destinations is entirely at the risk and peril of the buyer. We regret to have to inform you that we cannot accept any responsibility for orders which do not arrive at their destination or which are damaged upon receipt. However, we will do everything we can to help in this type of case. Shipping by Colissimo in 48-72 hours without signature or by Colissimo Relais Colis: When Colissimo has taken charge, delivery will be made to your home generally within 48-72 hours, working days for delivery without signature and within 48-72h in package relay against proof of your identity and signature. In case of absence, the package can be picked up at the Customer's usual post office upon presentation of proof of identity. If the package is not collected within 10 days of the notice, the package will be returned to Instinct Trail / SportsVision. The costs associated with this delivery method amount to € 10 including tax. Delivery by DPD France: The order is delivered by DPD, either delivered against signature in 24-48 hours to your home or by parcel delivery. From the assumption taken by DPD, delivery will be made to your home generally within 24 to 48 hours, working days. In case of absence, the customer will be warned to contact the DPD again in order to set a date for the new delivery of the package. No response from the customer after a period of 10 days, the package will be returned to Instinct Trail / SportsVision. The costs associated with this delivery method amount to € 10 including tax. Upon receipt of your order, if you notice that your package is damaged (cardboard with visible traces of opening and / or damage), it is imperative to refuse. In fact, parcels leaving the Instinct Trail / SportsVision warehouses are always perfectly conditioned, fitted with safety bands which must be visible and intact. If you refuse your package, please inform us by writing to contact(at)instincttrail.com, indicating the correct order number in the subject line of your email. The customer can follow the delivery status of their order on the Instinct Trail / SportsVision website in their customer area. An email notification will also be sent to communicate the tracking number of the package. For deliveries outside of France: Instinct Trail / SportsVision offers different delivery methods. Sending by DPD International: the order is delivered against signature. The delivery time varies depending on the country of delivery to the customer. We will indicate the approximate time when the order is shipped. In case of absence, the package can be picked up at the Customer's usual post office upon presentation of proof of identity. If the usual postal customer does not show up within 10 days, the package will be returned to Instinct Trail / SportsVision. The costs associated with this delivery method amount to the amount of shipping costs paid € TTC. The customer undertakes to carry out all the formalities and declarations required from the authorities and the government of his country, and to pay all the taxes and charges which would be required of him when importing products into the country. Instinct Trail / SportsVision cannot be held liable in the event of the client's failure to fulfill its obligations and leads to a failure to deliver the ordered product. Upon receipt of your order, if you notice that your package is damaged (cardboard with visible traces of opening and / or damage), it is imperative to refuse. In fact, parcels leaving the Instinct Trail / SportsVision warehouses are always perfectly conditioned, fitted with safety bands which must be visible and intact. If you refuse your package, please inform us by writing to contact (at) instincttrail.com, indicating the correct order number in the subject line of your email. The customer can follow the delivery status of his order on the carrier's website indicated using the tracking number provided during the shipping notice that the customer will receive. In the event of late delivery by the DPD or Colissimo supplier, the customer will be notified as soon as possible by any means of communication and will be informed of the estimated duration of the delay. In case of loss of the package, the Instinct Trail / SportsVision website will make an inquiry with the postal or courier services to find it. If the order is found, unless the client indicates otherwise, it is immediately redirected to the exclusive costs of the Instinct Trail / SportsVision site. If the order is not found, Instinct Trail / SportsVision will reimburse the customer within 14 days of the day of loss of the package by Instinct Trail.

Article 9: Exchange / Non Compliant Order
Despite all the care taken in preparing and shipping packages, some orders may contain damaged or non-compliant products. If the customer considers that the products delivered are defective or non-compliant, he must make the request to Instinct Trail / SportsVision, describing in detail the reasons within 45 days of delivery, directly to Instinct Trail / SportsVision. No refund or exchange will take place if the objection is communicated thereafter. Instinct Trail / SportsVision will investigate the complaint and then communicate the procedure. The product will be returned will be a new condition, complete in its original packaging, with all its labels, accessories, documentation and instructions for use, as well as the purchase invoice from Instinct Trail / SportsVision to identify the customer returning to the reception at Instinct Trail / SportsVision, customers can either obtain delivery of a product identical to the defective product within the limits of available stocks, or obtain delivery of a quality product and a price equivalent to the stranded product (s '' it is possible to deliver the same product to the defective product) or a full refund of the price of the product ordered within 14 working days from the date of refund. The costs of return and exchange of the defective product will be borne by Instinct Trail / SportsVision. No product exchange or refund will be made if it is revealed that the fault is attributable to the customer, in particular if it results from incorrect use, modification or adaptation of the product on the initiative of the customer or prolonged use of the customer.

Article 10: Right of withdrawal / return of products
The customer has the right to withdraw their order placed on the Instinct Trail / SportsVision website for a period of 14 calendar days from the date of delivery. If this period expires on a weekend or a public holiday, it is extended until the next working day. In accordance with article L 121-20 of the Consumer Code, certain products may be the subject of a right of withdrawal on the part of the customer, including underwear and perishable goods. Products for which there is no evidence to clearly identify the customer will also not be returned, refunded or returned to the customer. To request the withdrawal or return of a product, the customer must contact the after-sales service by email or post. The customer will receive an acknowledgment of receipt of Instinct Trail / SportsVision by e-mail with a return number and the steps to follow. Return costs will be borne by the customer. Instinct Trail / SportsVision recommends making a return with a tracking means to ensure receipt of the return of the product. The customer's reimbursement will be made by the payment method used for the order on the Instinct Trail / SportsVision site, unless otherwise indicated, and will take place within 14 days of the return of the product to Instinct Trail / SportsVision.

Article 11: Guarantees
In accordance with the laws and regulations in force and the exceptional contractual guarantees granted by the Instinct Trail / SportsVision website and in the product sheets, all orders are subject to the legal guarantee of conformity to articles L 211-1 and following of the Code of the consumption and the implicit warranty of the Civil Code, under article 1641.

Article 11.1 Compliance Legal warranty
Article L211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and responsible for the defects of conformity existing at the time of delivery. It also addresses the lack of conformity resulting from the packaging, assembly and installation instructions, when this has been assigned to it by contract or executed under its responsibility. Article L.211-5 of the Consumer Code: To comply with the contract, the product must: 1) be suitable for the use generally associated with such a product, and if necessary: correspond to the description given by the seller and possess the qualities which he presented to the buyer in the form of samples or models which he can reasonably expect taking into account the public statements made by the seller, the producer or his representative, in particular in advertising or labeling 2) or which have the characteristics defined by mutual agreement by the parties or are suitable for any particular use for which the buyer has made known to Instinct Trail / SportsVision and which the latter has accepted. Article L.211-12 of the Consumer Code: The action resulting from a lack of conformity ends two years after delivery of the goods. In accordance with these provisions, Instinct Trail / SportsVision is required to deliver the goods in accordance with the contract and is responsible for any lack of conformity existing at the time of delivery. It also addresses the lack of conformity resulting from the packaging, assembly and installation instructions, when this has been assigned to it by contract or carried out under its responsibility. Thus, to comply with the contract, the product must: 1) be adapted to the purpose usually associated with such a product and, if necessary: correspond to the description given by Instinct Trail / SportsVision and have the qualities it presented to the buyer in the form of a sample or model of the characteristics that a buyer could legitimately expect in view of the public statements made by Instinct Trail / SportsVision, the producer or his representative, in particular in advertising or labeling 2) or presenting the characteristics defined by mutual agreement by the parties or suitable for any particular use for which the buyer has made known his choice to Instinct Trail / SportsVision and which the latter has accepted.

Article 11.2: Guarantee for hidden defects
Article 1641 of the civil code: The seller must guarantee the defects which make it unfit for the use for which it was intended, or which reduces this use that the buyer would not have acquired or would have paid a lower price if he had known . Article 1648 of the civil code: The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In accordance with these provisions, Instinct Trail / SportsVision is held to guarantee against the defects which make it unfit for the use for which it was intended, or which reduces this use that the buyer would not have acquired or would have paid a lower price if he had known.

Article 11.3: Warning
The customer cannot claim any legal guarantee if the damage results from an abnormal use of the product by the customer. He can also claim any warranty if the product has undergone a modification or repair not authorized by Instinct Trail / SportsVision.

Article 12: Responsability
Instinct Trail / SportsVision is subject to an obligation of result at all stages of order taking and operations after the conclusion of the contract. Instinct Trail / SportsVision is fully responsible to the customer for the proper performance of contractual obligations. However, the responsibility of Instinct Trail / SportsVision cannot be engaged in the event of non-performance or improper performance of an obligation would be attributable to the customer or to the unpredictable and insurmountable third contract, or would result from a case of force majeure, as defined by the regulations and case law of French courts. In addition, Instinct Trail / SportsVision cannot be held liable for damages of any kind, whether tangible, intangible, direct or indirect, which may result from improper use of the product or from an adaptation or modification made solely Customer initiative.

Article 13: Personal Data Usage & Cookies
Instinct Trail / SportsVision undertakes to respect the privacy of the people using its website and the confidentiality of data and information supplied to it by the client. The information collected by Instinct Trail / SportsVision is the information necessary for the processing and follow-up of the order, as well as for the commercial follow-up and the marketing of the customer file. In accordance with law n ° 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data and amending law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the customer has a right to access, modify and delete information concerning him and which he can exercise at any time with Instinct Trail / SportsVision at the following address: SportsVision - Instinct, 17 rue de Montréal, 74100 Ville-la-Grand, France or e-mail to contact (at) instincttrail.com. Instinct Trail / SportsVision undertakes to use all means at its disposal of the insurer for the security and confidentiality of the information and data provided by the client on its website. Instinct Trail / SportsVision expressly undertakes not to disclose confidential information that may be provided by the client. Cookies are small data files that are stored on your computer when you visit a website. We use cookies on this site to optimize your experience, collect information about the use of the site and administer various marketing programs. You can delete cookies already present on your computer at any time using your browser settings. However, some features of our site may not be available if this is done. For more information on managing cookies in your browser, visit http://www.allaboutcookies.org/manage-cookies/. The type of information we collect when you create an account to place an order or when registering on our site includes: Name, address, telephone number, e-mail address, bank details credit / debit card.Utilisation de vos informations personnelles We use the information you provide for the purposes of sending you information about your order, newsletters or promotional offers, understanding the purchasing behavior of our users, working with our social media platforms (e.g. Facebook, Twitter and Instagram) to chat with you. When you place an order, we need your name, email address, delivery address, bank details (credit / debit card number and card expiration date). This information allows us to place your order and keep you informed of its status. We may also ask you for your phone number to reach you urgently if there is a problem with your order. By submitting your information to Instinct Trail, you consent to the collection and use of your information by Instinct Trail and its service providers (if applicable). If we decide to change our privacy policy, we will report these changes on this page so that you are always aware of the information we collect, how we use it and under what circumstances we disclose it. Your data collected on our site is protected against unauthorized access via SSL. Our site uses the Google Analytics system on the visits received. Google has set six different cookies with expiration dates ranging from thirty minutes to two hours. These cookies are mainly used to differentiate new visitors to a site from returning visitors. Cookies can collect an anonymous customer number when a customer is connected to the site, to allow our backend system to guarantee the accuracy of Google Analytics data and to help us provide you with a reliable experience on all available devices. They do not contain any personally identifiable information. You can find out about the cookies used by Google at https://policies.google.com/privacy / (English only). These cookies can be used to help us target advertisements on platforms such as Google and Facebook. We will not share your information with third parties. In case of questions or unsubscribe, please contact us at contact (at) instincttrail.com

Article 14: Intellectual Property
All elements of the Instinct Trail / SportsVision website, including logos, brands, names, images, comments, descriptions, are protected by trademark law, patent law, good image and copyright. All these elements are the property of SportsVision - Sport Shop Event and / or its partners. They cannot be copied, reproduced, distributed, transmitted, downloaded, by any means whatsoever and for any reason whatsoever. However, as part of the private copy exception, it is possible for the customer to keep a copy of the pages of the Instinct Trail / SportsVision website for strictly personal and non-commercial purposes, provided that they do not provide any modification and comply with all the notices relating to the property and copyright information contained on the page. Anyone wishing to download a hyperlink, including framing techniques or creating in-depth links, directly referring to the Instinct Trail / SportsVision website must request express, prior written authorization. Otherwise, the link will be removed at the request of Instinct Trail / SportsVision. Any other reproduction or representation, in whole or in part, that does not comply with the conditions set out above, would constitute an infringement which could engage the civil and penal liability of its author.

Article 15: All Conditions
In the event that a provision of these conditions of sale is declared illegal or inapplicable and / or void by a change of legislation or a decision of a court of last instance, the invalidity or inapplicability would be strictly limited to this clause, and in any event, does not affect the validity of the remaining provisions.

Article 16: No capitulation
The non-application by Instinct Trail / SportsVision of any provision of these Conditions of sale does not in any way mean that it gives up invoking it at any time and does not affect in any way the validity of all or part of these Conditions of sale .

Article 17: Applicable law and disputes
The present general conditions as well as all the contractual relations which may result therefrom are subject to French law. In the event of a dispute between the client and Instinct Trail / SportsVision, the parties agree to seek an amicable solution, considering each other's interests before taking any legal action. Otherwise, the French courts have jurisdiction, subject to the allocation of specific powers resulting from a law or regulation.

Article 18: Contact For any information, question or complaint, the customer can contact from Monday to Friday, in the customer relations department of the company:
E-mail: contact(a)instincttrail.com By Postal Service : SportsVision - Instinct, 17 Rue de Montréal, 74100 Ville la Grand, France Tel : 097 405 232 Fax: + 33 (0) 972 303 771





X