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Terms and conditions of sales
The present terms and conditions govern sales:
Between
MADEINSPORT, 36 Rue Raspail, 92 300 Levallois, registered in the Corporate Trade Register of PARIS under the reference B 414 516 369, (hereinafter called “MADEINSPORT”).
AND
Anyone visiting or purchasing from “THE OFFICIAL UEFA EURO 2008™ ONLINE STORE” website located at the following address: [www.euro2008.com] (the “WEBSTORE”), hereafter called "the customer".
The present conditions govern the sale of any product or service offered by MADEINSPORT on the WEBSTORE.
The contracting parties agree that their relations will be exclusively governed by this contract, to the exclusion of all other conditions.
Products and services offered on the WEBSTORE are only offered for sale to non-commercial individuals. They are agreed on a personal basis and therefore can’t be subject to any transfer of any kind.
Any order duly confirmed on the WEBSTORE implies total acceptance with no exceptions to the present terms and conditions of sale and, subsequently, to any particular or specific conditions related to one or more products or orders.
1 PURPOSE
The aim of the present conditions is to define the respective contracting parties’ obligations as well as the various stages of the ordering process.
2 OPERATION OF WEBSTORE
The WEBSTORE is operated by MADEINSPORT under a license granted by UEFA. All the services related to the WEBSTORE are provided by MADEINSPORT. In operating the WEBSTORE and offering the related services, MADEINSPORT is acting in its own capacity and not as an agent or in any other manner for or on behalf of UEFA. All products and services offered through the WEBSTORE are offered by MADEINSPORT in its own capacity and not by UEFA. As a result, any agreement to purchase any product or service offered through the WEBSTORE is strictly between the relevant customer and MADEINSPORT and not UEFA. UEFA shall not be responsible for the products and/or services provided through the WEBSTORE or for the fulfillment of any order made in respect thereof. UEFA shall not be responsible for the accuracy or availability of information or contents of the WEBSTORE. For more information about UEFA please refer to UEFA's website and in particular to its terms and conditions of use at [www.euro2008.com].
3 PRODUCTS
3.1 The WEBSTORE is a website designed to sell certain UEFA EURO 2008™-related sports clothes and certain UEFA EURO 2008™ licensed products. The items displayed on the WEBSTORE are available until no stock remains. MADEINSPORT does not guarantee, in any case, the availability of any product for sale for any given period. Therefore, any customer’s complaint concerning the order or delivery of an unavailable item will be regarded as unfounded.
If a product becomes unavailable after an order has been placed and accepted, MADEINSPORT is committed not to charge the customer’s account with the provided bank details or cash the sent cheque. In case payment has already been debited or cashed, MADEINSPORT is committed to refund the customer within 10 days the order amount for any payment by card. For payments made by cheque, the refund will be carried out via bank transfer within 10 days following the reception of the customer’s bank details. In all cases, MADEINSPORT is committed to inform by email any customer who has ordered an unavailable product.
3.2 All products offered for sale are described and presented as accurately as possible. However, if there is an error or information is omitted, MADEINSPORT will not be held accountable. Product photographs and descriptive text are not part of the contract between the customer and MADEINSPORT.
4 PRICES
4.1 For European Union orders the price will be charged in Euros, for orders outside of the EU the price will be charged in US dollars.
4.2 French VAT rate is charged on all products. Changes in prices can occur without the customer being notified due to variations in the VAT rate. For deliveries to the overseas territories and to countries outside the European Union, VAT will be deducted from the prices billed, but customs charges will be collected on delivery.
4.3 Delivery will be on average carried out within 3 to 5 days from the date of reception of the order, unless unforeseen circumstances occur which could delay the delivery independently of the will and diligence of MADEINSPORT
4.4 Delivery prices are as follow: Metropolitan France, Corsica and Monaco: 6,50 euros. Other destinations: variable prices according to the destination and will be calculated during “check-out”. The charged fee applies to any weight lower than 1kg.
5 ORDER
5.1 Customers interested in any product or service displayed on the WEBSTORE will have to follow the following steps to place an order. After clicking on the icon "Add to cart" and after having checked all the details of the order (colour, quantity, price, etc), the customer must validate the order by proceeding to the checkout. New customers will be required to enter their details (which will be filled in automatically on subsequent visits) with the following mandatory information: title, name, first name, complete delivery address, e-mail and telephone number. If gift wrapping is required then the allocated box needs to be ticked and the desired message filled in. The delivery address can differ from the billing address. To insert a different delivery address the box provided needs to be ticked which will reveal a form which needs to be filled in. When the customer clicks on the button "next step", the order summary will appear displaying all information related to the order.
5.2 Terms of Payment: Payment options are as follows: by Mastercard or other credit card on the WEBSTORE or by bank or postal cheque. Mastercard is the Preferred Payment System of UEFA EURO 2008™. After confirming the method of payment and proceeding to payment, the customer will definitively and irrevocably confirm the order with the following conditions. When processing a credit card payment on the WEBSTORE, the Customer confirms their address, the purchased item and the total price. Credit card details must be provided with an expiry date. The order will be completed once the customer has confirmed payment. This confirmation acts as an irrevocable contract between both parties. Order by cheque: After printing the purchase order finalising the purchase, the customer must send the printed copy to MADEINSPORT/B2S, LP 176, 59306 Valencienne Cedex, France. Reception of the purchase order together with the cheque will be considered an irrevocable contract between both parties.
5.3 Whatever mode of payment the customer has chosen, MADEINSPORT will send an e-mail or other suitable correspondence, to confirm reception of the order in accordance with the provisions of the Article L121-19 of the Consumer Code.
6 PAYMENT SECURITY
6.1 In order to ensure the security of all payments on the WEBSTORE, MADEINSPORT uses protected payment services that comply with the SSL safety requirements. The confidential data (16 digit credit card number and expiry date) will be directly transmitted to the relevant system’s server without passing through the WEBSTORE server.
6.2 When bank details have been validated the online payment protected handler will send a request for authorisation to the credit card network. The online payment handler will then issue an electronic certificate.
7 GUARANTEES
7.1 All items presented on the WEBSTORE can either be exchanged or refunded, except for personalised items. The customer can request an exchange or withdrawal within 15 days after the date of receiving the items.
7.2 Items must be returned within the specified period in their original packaging with the returns form to the following address: MADEINSPORT B2S LP 176 59306 Valencienne Cedex, France. Any item returned damaged which the customer did not signal on reception of the items, will not be accepted.
8 SIGNATURE AND PROOF
8.1 For any credit card payment made on the WEBSTORE, the electronic certificate issued by the online payment handler as well as the electronic storage facilities set up by MADEINSPORT will be considered proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 and the Civil Code. The date and hour of the server will act as a contract between the two parties.
8.2 The confirmation of the order is equal to a signature and acceptance of all operations carried out on the website, whether the payment has been made by card directly on the WEBSTORE or by cheque.
8.3 The payment due date, depending on the type and mode of payment, is mentioned in Article 5.2.
9 IDENTIFICATION
To simplify the customer identification process, the customer authorizes MADEINSPORT to place a “cookie” on their computer for this use only. Any customer who does not accept the “cookie” on their computer will be obliged to fill in their details every time they wish to place an order.
10 RESPONSIBILITY AND LIABILITY
10.1 MADEINSPORT is only responsible for providing the means to access all the parts of the WEBSTORE – consulting or filling in forms, placing an order, delivery of items or any other service.
10.2 MADEINSPORT will not be held responsible for any damage or problems encountered through internet use including any disturbance in the supply of the service, external intrusion or presence of virus.
10.3 To the fullest extent permitted by applicable laws, none of MADEINSPORT, UEFA, their respective affiliates or any director, employee or other representative of any of the foregoing will be liable for any loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or the facilities and/or services offered through this WEBSTORE, including, but not limited to, indirect or consequential loss or damages, (including, but not limited to, income profit or opportunity), loss of data, loss of or damage to property and claims of third parties, even if MADEINSPORT and/or UEFA have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this article is unenforceable in whole or in part in any jurisdiction due to applicable laws, then in no event shall either MADEINSPORT or UEFA’s total liability to you for all damages, losses and claims (whether in contract, tort (including, but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing the WEBSTORE or this website www.uefa.com.
10.4 Nothing in these terms and conditions is intended to exclude liability for death or personal injury arising from the negligence of MADEINSPORT or UEFA or their respective servants and agents.
10.5 You agree to indemnify, defend and hold MADEINSPORT, UEFA and their affiliates and any of their directors, employees, information providers, licensors, licensees, officers, partners and other representatives (collectively, “INDEMNIFIED PARTIES”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the INDEMNIFIED PARTIES in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will co-operate as fully as reasonably required by MADEINSPORT and UEFA in connection with the defence of any claim by any INDEMNIFIED PARTY. MADEINSPORT and UEFA reserve the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of MADEINSPORT and UEFA.
11 PERSONAL DATA AND PRIVACY
11.1 Personal data which you supply to us when placing your order will be handled in accordance with the MADEINSPORT Privacy Policy at[www.euro2008.com for the purposes of processing your order and with the remainder of this Article 11. Your personal data will also be passed to UEFA and in which case it shall be dealt with in accordance with the UEFA Privacy Policy at [www.euro2008.com] and the current version of the UEFA Privacy Policy at [www.euro2008.com]. ]. These privacy policies provide details about the type of information we may collect from you and how we may use this information and form part of these terms and conditions. Please read the current version of the MADEINSPORT Privacy Policy at []
11.2 For business purposes, MADEINSPORT has the right to collect personal data concerning WEBSTORE users via the "cookie" mentioned in article 8. The WEBSTORE is registered at the Commission National Informatique et Liberté “CNIL” under the reference 717965.
11.3 In all cases, and in accordance with the law n°78-17 of January 06, 1978, any WEBSTORE user or customer can refuse the commercial use of the aforesaid data and furthermore has the right to access, correct and delete the data related to them. All requests concerning the present article will have to be sent by electronic mail by clicking here. MADEINSPORT is situated at the address mentioned at the beginning of this present document.
12 INTELLECTUAL PROPERTY AND COMPETITION
12.1 All content included on this site including but not limited to web site design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are the property of UEFA (All rights reserved ©UEFA 1998-2007) or of MADEINSPORT (Copyright © MADEINSPORT 1998-2008) or their content suppliers and are protected by French, Swiss and international copyright laws and associated intellectual property laws. All software used on this site is the property of MADEINSPORT and is protected by French and international copyright and associated intellectual property laws.
12.2 All service marks, trademarks, trade dress, product names, company names and logos included on the WEBSTORE (the “INTELLECTUAL PROPERTY”) are the property of UEFA, MADEINSPORT or their relevant third party owners. You are not permitted to use the INTELLECTUAL PROPERTY without the prior written consent of UEFA, MADEINSPORT or the relevant third parties. Particularly, please be aware that all names and logos as well as main trophies of the UEFA Champions League are registered trademarks of UEFA. Use of the WEBSTORE does not grant any visitor or customer any license or rights to use any of the INTELLECTUAL PROPERTY or any other names, logos, trademarks or other intellectual property rights of MADEINSPORT, UEFA or any third party.
12.3 Any user who wishes to place a direct link to the WEBSTORE homepage or website on their personal website, for personal use, is required to request MADEINSPORT’s authorization beforehand. In this instance, it will not be considered as an affiliation. Any hypertext link to the WEBSTORE, using framing, deep linking, in-line linking techniques or any other type of deep linking technique is completely forbidden. All links even if tacitly authorised must be removed at the request of MADEINSPORT.
13 Whole CONTRACT
13.1 These terms and conditions (together with the MADEINSPORT Privacy Policy at [www.euro2008.com]) contain the full and complete understanding between MADEINSPORT and each customer of the WEBSTORE. No advice or information, whether oral or written, obtained by a customer through or from the WEBSTORE or from any conversations or other communications with MADEINSPORT’s staff will operate to vary these terms and conditions. If a condition is found to be omitted relating to the understanding between MADEINSPORT and any customer, it would be governed by the procedures in place for the sales sector.
13.2 These terms and conditions (together with the UEFA Privacy Policy [www.euro2008.com], contain the full and complete understanding between UEFA and each customer of, and visitor to, the WEBSTORE.
14 ACCEPTANCE OR RENOUNCEMENT
14.1 It is officially agreed between MADEINSPORT and the customer that any acceptance or renouncement in the application of all or part of the commitments set forth in these present conditions by either of the contracting parties, cannot be considered a modification of this agreement, nor generate any unspecified right.
14.2 No delay, inaction, abstention or omission from the customers exercising any of their rights under the present agreement will affect the mentioned right, nor will it be regarded as a renouncement to their rights.
15 NON PARTIAL VALIDITY
If a particular stipulation of these conditions is considered invalid or declared as such by any Authority of the related jurisdiction, then all other stipulations will retain their power.
16 DISAGREEMENTS
16.1 Any dispute regarding, or in connection with, the WEBSTORE, any order placed thereon or the contract made between MADEINSPORT and the users of the WEBSTORE are governed by, and shall be construed in accordance with, the laws of France. The courts of Paris shall have exclusive jurisdiction for any such dispute.
16.2 Any dispute regarding the use of this WEBSTORE or of the website www.euro2008.com other than a dispute described in Article 16.2 are governed by, and shall be construed in accordance with, the laws of Switzerland. The courts of Nyon shall have exclusive jurisdiction for any such dispute. Nevertheless, UEFA reserves the right to pursue any legal proceedings in the competent courts at the defendant’s domicile.
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