GENERAL TERMS AND CONDITIONS OF SALE - CONSUMERS
Last update: August 2023
1. Seller's Identity: The company POLAR QUEST, a simplified joint-stock company with a capital of 5,000 euros, registered office located at 263 rue de l'Emporey, 38113 Veurey-Voroize, registered with the Grenoble Trade and Companies Register under number 827 709 486, with VAT number: FR 56827709486 ("Polar Quest"). For any information related to the execution of these General Terms and Conditions of Sale (the "GTC"), Polar Quest's contact details are as follows: 04 76 50 08 02, info@inlandsis.fr; 263 rue de l'Emporey, 38113, Veurey-Voroize.
2. Application of the conditions: These General Terms and Conditions of Sale ("GTC") apply without restriction or reservation to any order for Products (defined below in Article 4 of the GTC) placed with the company Polar Quest by a consumer or non-professional buyer, as defined by the introductory article of the Consumer Code (the "Client").
Polar Quest and the Client may be referred to individually as a "Party" and collectively as the "Parties" in the GTC.
The purpose of the GTC is to define the reciprocal rights and obligations of the Parties in the context of the conclusion and execution of the order.
The GTC apply to the exclusion of all other conditions, except for prior, express, and written derogation. The applicable GTC are those in force on the day of the order.
The failure of a Party to enforce any of the provisions of these GTC shall not be interpreted as a waiver of its right to enforce them at a later date.
These GTC, as well as the price list and related catalog, can be consulted by the Client at any time on the Polar Quest website accessible at www.inlandsis.fr (the "Site").
They apply to orders and deliveries of Products made from May 1, 2023. In the case of an order to a country other than metropolitan France, the Client is the importer of the concerned Product(s). Any local taxes and duties that may be due will be borne and the sole responsibility of the Client.
In accordance with Article 1127-1 of the Civil Code, Polar Quest ensures the conservation and reproduction of the GTC.
3. Pre-contractual information: The Client receives, in a readable and understandable manner, the information provided for in articles L.111-1 and following and L.221-5 of the Consumer Code, prior to the order, notably through the GTC. The Client acknowledges having received, read, and unreservedly accepted the GTC at the time of order confirmation (defined in Article 7 of the GTC).
The GTC are therefore binding on the Client in accordance with the provisions of Article 1119 of the Civil Code.
4. Products: The Products consist of all the products for dog sled sports marketed by Polar Quest under the brand INLANDSIS® listed in the catalog on the Site (the "Products"). Packaging and conditioning are an integral part of the Products.
The Client acknowledges having read, before placing any order, the description of each ordered Product in the catalog.
Product offers are subject to availability.
5. Prices: The prices of the Products are established in euros, excluding taxes, and excluding any rights or fees (including transport) based on the price list available on the Site in force at the time of the order.
6. Value Added Tax: Orders for Products placed via the website www.inlandsis.fr are subject to the value added tax (VAT) at the legally applicable rate on the day of order confirmation.
7. Order: For any purchase of Products on the Site, the Client must create or log in to their customer account.
The order is validly formed and taken into account by Polar Quest once the Client has completed the following steps:
- The Client has added the Product(s) to their shopping cart;
- The Client has confirmed the order after verifying their shopping cart;
- The Client has logged in to their customer account or created one;
- The Client has confirmed their delivery address and billing address;
- The Client has chosen their delivery method (Colissimo point relay or home delivery with signature);
- The Client has read and accepted the General Terms and Conditions of Sale without reservation;
- The Client has made the payment.
Upon receipt of the order, Polar Quest sends the Client an email confirmation (the "Order Confirmation"). Orders placed by the Client become final only upon receipt of the Order Confirmation email issued by Polar Quest.
As of the issuance of the Order Confirmation by Polar Quest, the Client is considered to have accepted, knowingly and without reservation, the prices, volumes, and quantities offered for sale and ordered, as well as the entirety of these GTC.
8. Modification, suspension, or cancellation of the order: Any request for modification, suspension, or cancellation of the Client's final order is subject to Polar Quest's prior written acceptance.
9. Payment of the order: The following payment methods can be used:
- Credit card
- American Express
- PayPal account
By clicking "pay," the Client confirms that they are the holder of the means of payment and are legally entitled to use it.
The amount of the order is debited from the Client's card at the time the order is confirmed by Polar Quest.
10. Delivery times: The delivery times mentioned on the Site at the time of the order are indicative.
However, the delivery of the Products will take place within a maximum period of five (5) working days.
Deliveries are made by an independent carrier to the address provided by the Client when placing the order and to which the carrier can easily access.
The Client acknowledges, therefore, that it is the carrier's responsibility to make the delivery and that it has no warranty claim against Polar Quest in the event of non-delivery of the transported goods.
11. Product Delivery: The Client can choose the delivery location for the Products, either delivery to a relay point or home delivery with signature.
Delivery costs are borne by the Client in accordance with the price indications posted on the Site in the "Delivery and Returns" section (https://www.inlandsis.fr/en/content/1-livraison_retour).
The delivery costs are also reproduced below:
12. Transfer of ownership: The transfer of ownership of the Products to the benefit of the Client will only occur after the complete payment of the price by the Client, regardless of the date of delivery of the Products.
13. Legal right of withdrawal and return policy: The Client has a period of 30 days from the delivery of the order to exercise their right of withdrawal.
The withdrawal period starts from the date of delivery of the Products, i.e., the date of home delivery with signature or the date of deposit at the chosen relay point by the Client.
The Client must send Polar Quest the standard withdrawal form provided at the time of delivery of the Product(s) to the following address: 263 rue de l'Emporey, 38113, Veurey-Voroize.
The Client will be reimbursed for the full amount paid as well as the delivery costs within fourteen (14) days from the date on which Polar Quest is informed of the Client's decision to withdraw. The return costs remain the responsibility of the Client.
Polar Quest will proceed with the refund by the same type of payment used by the Client at the time of purchase.
The delivered Products must be returned to Polar Quest within 30 days from the date of delivery of the Products.
Only Products packaged in their original packaging and in perfect condition will be eligible for a refund.
Incomplete, damaged, or soiled Products cannot be returned and refunded.
In the event that a Product does not meet the return conditions indicated above, Polar Quest reserves the right to send the Product back to the address provided by the Client during the order validation.
14. Liability: Polar Quest's liability shall not be engaged in the event of a defect attributable to the transport of the Products.
Its liability, under these Conditions, shall not be engaged in the event of non-performance of its obligations attributable to the act of a third party, the fault of the Client, or a force majeure event as defined by Article 1218 of the Civil Code (defined below in Article 18 of the GTC).
15. Legal warranties for hidden defects and conformity: The Client benefits from the legal warranty of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal warranty for defects in the item sold (articles 1641 to 1649 and 2232 of the Civil Code).
Polar Quest undertakes to deliver a good conforming to the contractual description as well as to the criteria set out in Article L. 217-5 of the Consumer Code.
Defects of conformity that appear within a period of twenty-four months from the delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery.
In the event of a lack of conformity, the Client may demand the conformity of the Products delivered by repair or replacement or, failing that, a reduction of the price or the resolution of the sale, under the legal conditions.
The Client may also withhold payment of all or part of the price or the granting of the benefit provided for in the contract until Polar Quest has fulfilled its obligations under the legal warranty of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.
It is up to the Client to request from Polar Quest the conformity of the Products, by choosing between repair and replacement. The conformity of the good takes place within a maximum period of thirty days following the Client's request.
The repair or replacement of the non-conforming Product includes, if applicable, its removal and return, as well as the installation of the conforming or replacement Product.
Any Product made compliant under the legal warranty of conformity benefits from an extension of this warranty for six months.
In the event of replacement of the non-conforming Product when, despite the Client's choice, the conformity has not been carried out by Polar Quest, the replacement starts a new period of the legal warranty of conformity, starting from the delivery of the replaced Product.
If the requested conformity is impossible or entails disproportionate costs within the meaning of Article L 217-12 of the Consumer Code, Polar Quest may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Client may, after formal notice, pursue the forced execution of the solution initially requested, in accordance with Articles 1221 and following of the Civil Code.
The Client may also demand a price reduction or the resolution of the sale (unless the lack of conformity is minor) in the cases provided for in Article L. 217-14 of the Consumer Code. When the lack of conformity is so serious that it justifies the price reduction or the immediate resolution of the sale, the Client is not required to request prior repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the delivered Product and the value of this good in the absence of the lack of conformity.
In the event of the resolution of the sale, the Client is reimbursed for the price paid against the return of the non-conforming Products to Polar Quest, at Polar Quest's expense.
The refund is made upon receipt of the non-conforming Product or proof of its return by the Client and no later than fourteen days following, using the same means of payment as that used by the Client at the time of payment, unless expressly agreed by the latter and in any case without any additional cost.
The foregoing provisions are without prejudice to the possible award of damages to the Client for the prejudice suffered by the latter due to the lack of conformity.
Polar Quest is liable for hidden defects under the legal warranty against hidden defects arising from a defect in material, design, or manufacture affecting the delivered products and rendering them unfit for use.
The Client may decide to implement the warranty against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, the Client may choose between the resolution of the sale or a reduction of the sales price in accordance with Article 1644 of the Civil Code.
16. Intellectual property: The Client expressly acknowledges the intellectual property rights owned by Polar Quest, including denominations, registered trademarks, logos, designs, domain names... ("Intellectual Property Rights").
Any reproduction or representation of these Intellectual Property Rights must be subject to prior written approval by Polar Quest. The Client undertakes not to register or have registered any Intellectual Property Right that may generate a risk of confusion with the Products and/or the trademarks owned by Polar Quest.
The Client must inform Polar Quest immediately of any infringement, unfair competition, act of counterfeiting, or any complaint or procedure relating to the Products or trademarks and/or any Intellectual Property Right of Polar Quest and must provide Polar Quest with all the information available in this regard.
17. Protection of personal data: In the context of the relations between Polar Quest and the Client for the sale of Products, Polar Quest - as the data controller - collects and processes the following personal data:
- Account creation: first name, last name, email address, date of birth, phone number, billing, and delivery address, password
- Connection and payment: login data, usage data, location data, and financial data relating to the Client's bank account or credit card
The Client is informed that the personal data concerning them collected in the context of orders are subject to processing under the responsibility of Polar Quest, strictly necessary for the management of contractual and commercial relations between the Client and Polar Quest.
Polar Quest may also contact the Client to inform them of news, promotions, or dedicated offers as well as to respond to any request or complaint from the Client. The Client is reminded that they can, at the time of the communication of their data and at any time during the sending of communications, object to this.
In accordance with the regulations, and in particular with Law No. 78-17 of January 6, 1978, as amended, and European Regulation on the Protection of Personal Data No. 2016/679 (GDPR), the Client is informed that they have the right of access, rectification, opposition, as well as the right to define directives concerning the fate of their data after their death.
The Client also has the right to withdraw their consent at any time when the processing of their personal data is based on consent, the right to data portability, and the right to request the limitation of certain processing of personal data.
The Client has the right to register free of charge on the telephone canvassing opposition list with Bloctel (http://www.bloctel.gouv.fr/), in accordance with Articles L.223-1 and following of the Consumer Code.
The Client can exercise their rights by email at the following address: contact@inlandsis.fr, or by postal mail at the following address: 263 rue de l’Emporey, 38113, Veurey-Voroize.
If the Client believes, after contacting Polar Quest, that their rights are not respected, they also have the right to submit a complaint to the CNIL (information accessible on the website www.cnil.fr).
18. Suspension of obligations and termination clause: In the event of a breach of one Party's obligations under the GTC, the other Party may automatically suspend the performance of its obligations (including delivery) and/or proceed immediately to the termination of the sale, without prejudice to any damages and interest.
19. Force Majeure: In the event of the occurrence of a force majeure event, as defined under Article 1218 of the Civil Code and French case law (the "Force Majeure"), the Party affected shall inform the other Party. The obligations of Polar Quest and the Client will be suspended in the event of Force Majeure for as long as these circumstances last. If the Force Majeure event continues beyond a period of 30 days, the obligations arising from the sale and the GTC may be terminated automatically at the request of either party, without formality, and without either Party being able to claim any damages.
20. Applicable law: These GTC, as well as the acts resulting from them, are subject to French law.
They are drafted in the French language.
21. Amicable settlement of disputes: In accordance with Article L.612-1 of the Consumer Code: "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to amicably resolving the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
The professional may set up his own consumer mediation system or propose to the consumer to have recourse to any other consumer mediator meeting the requirements of this Title.
When there is a consumer mediator whose competence extends to all companies in an economic sector to which he belongs, the professional always allows the consumer to have recourse to him.
The procedures for implementing the mediation process are specified by decree in the State Council."
The disputes covered by Article L.612-1 of the Consumer Code are the disputes defined in Article L.611-1 of the Consumer Code. These are national or cross-border disputes of a contractual nature relating to the performance of a contract for the sale or supply of services, opposing a consumer to a professional.
Only complaints relating to orders and the GTC will be taken into account.
Within one year following the Client's request to Polar Quest, in accordance with Articles L.616-1 and R.616-1 of the Consumer Code, the Client may have their request examined by a mediator whose contact details are: L’Association des Médiateurs Européens, as the entity of consumer mediation AME Conso, located at 197 Boulevard Saint-Germain, 75007 Paris. The consumer ombudsman can be contacted through the following means:
- By completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- Or by sending a letter to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
Furthermore, in accordance with Article R.616-2 of the Consumer Code and in compliance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Client may, via the following electronic link, go to the online dispute resolution platform (ODR): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Client may, at their own expense, be assisted by a legal advisor.
22. Dispute and competent jurisdiction: In the event of a dispute relating to the formation, conclusion, validation, interpretation, execution, or termination of relations between the Client and Polar Quest, the Client will first address Polar Quest in order to find an amicable solution, notwithstanding their ability to resort to an alternative dispute resolution method or a conventional mediation procedure.
In the absence of an amicable resolution of the dispute, in accordance with Article R.631-3 of the Consumer Code, jurisdiction is conferred either on the courts territorially competent under the Code of Civil Procedure, or on the courts of the place where the Client was domiciled at the time of the conclusion of the contract or the occurrence of the harmful event.
23. Partial invalidity: If one or more provisions of the GTC are declared illegal or null, this illegality or nullity will not result in the illegality or nullity of the other provisions of the GTC, which will remain applicable.
POLAR QUEST
263 rue de l’Emporey, 38113 Veurey-Voroize
Limited liability company with a capital of 5,000 euros
RCS Grenoble B 827 709 486
VAT: FR 56827709486
Email: contact@inlandsis.fr