Scope of application
Conclusion of the contract
Right of withdrawal
Price and payment terms
Delivery conditions
Compliance & Legal Guarantee
Redemption of promotional vouchers
Applicable law and jurisdiction
Regulations extrajudicial disputes
Unique identifier(s) of extended producer responsibility
Legal notices
1.1 These General Terms and Conditions of Sale (GTC) apply to all contracts concluded between a consumer or a professional and Hayes Sport, located at 7 rue Luce Boyals, Toulouse 31300, Tel.: +33 (0) 6 34 36 04 87, Email: contact@hayespadel.com (hereinafter referred to as the “seller”), involving the products and/or services presented by the seller on its online store. These General Terms and Conditions supersede any conditions imposed by the customer unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, any natural person who acts for purposes unrelated to their commercial, industrial, artisanal, or professional activity is considered a consumer. The term “professional” refers to any natural or legal person, including through another acting on their behalf, whose actions fall within the scope of commercial, industrial, or artisanal activities. In these General Terms and Conditions, the term “customer” refers to both consumers and professionals.
1.3 Digital content, for the purposes of these General Terms and Conditions, refers to all data not provided on a tangible medium, produced in digital form, and made available by the seller, subject to specific usage rights as regulated in these GTC.
1.4 These General Terms and Conditions also apply to contracts for the delivery of vouchers unless otherwise stipulated.
2.1 The product descriptions published on the seller’s online store represent binding offers from the seller, which may be accepted by the customer as described below.
2.2 Customers may place orders and accept the seller’s offers through the order form integrated into the seller’s online store. By completing the order (“Confirm order”) after entering personal information and clicking the appropriate button, customers provide a binding acceptance of the offer for the goods in their order basket.
2.3 Upon receipt of the order, the seller sends the customer an acknowledgment of receipt electronically.
2.4 The contract’s text is archived by the seller, with a copy sent to the customer along with these General Terms and Conditions upon order submission in written form (email). Additionally, the document is archived on the seller’s website.
2.5 Prior to finalizing an order via the seller’s online form, customers have the opportunity to correct any entered information using standard keyboard functions.
2.6 Order processing and communication occur via email and an automated system. Customers must ensure the accuracy of the provided email address to receive communications from the seller and other involved parties, taking into account email filters (anti-spam) to ensure receipt of relevant emails.
Consumer customers have the right of withdrawal. Further details on exercising this right are available in the seller’s information regarding the right of withdrawal.
4.1 Unless stated otherwise in the seller’s published product descriptions, prices indicated are final prices in euros, inclusive of all taxes, including value-added tax (VAT). Additional delivery and shipping charges, if applicable, will be explicitly indicated in the product description.
4.2 Deliveries to countries outside the European Union may incur additional costs borne by the customer, such as fees related to monetary transfers by credit institutions (transfer fees, exchange fees), and import duties or taxes.
4.3 If advance payment is agreed upon, it must be made immediately after the conclusion of the contract.
4.6 Payment will be processed by Stripe Inc.
5.1 Goods are typically delivered by mail to the address provided by the customer, unless otherwise specified. The delivery address from the processed order managed by the seller is utilized during transaction execution. Once the order is confirmed, customers won’t be able to change the address.
5.2 If the transport company returns the goods to the seller due to the inability to deliver them to the customer, the costs associated with the unsuccessful shipment will be borne by the customer. However, this provision does not apply if the customer has rightfully exercised their right of withdrawal, or if the customer is not accountable for the circumstances leading to the delivery failure.
5.3 Collection by the customer is not available for logistical reasons.
6.1 The seller is responsible for ensuring that the goods conform to the contract’s specifications, as outlined in Articles L.217-4 et seq. of the Consumer Code, and for addressing any hidden defects in the item sold as provided for in Articles 1641 et seq. of the Civil Code.
6.2 The consumer has a two-year period from the delivery of the goods to take action. They may choose between repair or replacement of the product, subject to the cost conditions specified in Article L.217-9 of the Consumer Code. During the twenty-four months following delivery, the consumer is exempt from providing evidence of the existence of conformity issues with the goods.
6.3 The legal guarantee of conformity applies regardless of any commercial warranties provided.
6.4 The consumer may opt to enforce the guarantee against hidden defects in the item sold as defined in Article 1641 of the Civil Code. In such cases, they have the option to cancel the sale or reduce the sale price in accordance with Article 1644 of the Civil Code.
6.5 For information on possible commercial warranties, please refer to the seller’s website.
6.6 If the consumer wishes to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code, they may send it to the seller Hayes Sport via email at contact@hayespadel.com.
6.7 Mandatory legal information concerning consumers’ rights regarding the implementation of their legal guarantees can be found here https://www.it-recht-kanzlei.de/informations-sur-les-garanties-legales-france.php
7.1 Promotional vouchers, with a limited validity period and issued free of charge by the seller as part of advertising campaigns (hereinafter referred to as “promotional vouchers”), are valid only within the seller’s online store and solely during the period indicated on the voucher.
7.2 Promotional vouchers can only be utilized by consumers.
7.3 Certain products may be excluded from promotional campaigns, but only if this restriction is explicitly stated on the promotional coupon.
7.4 Only one promotional voucher can be applied per order.
7.5 Promotional vouchers can only be redeemed before the completion of the order process. No further compensation or reduction is possible thereafter.
7.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
7.7 If the value of the promotional voucher is insufficient to cover the entire order, the customer may opt to pay the difference using other payment methods offered by the seller.
7.8 The value of the promotional voucher cannot be redeemed for cash and does not accrue interest.
7.9 The promotional voucher will not be refunded if the customer exercises their legal right of withdrawal and returns the goods paid for, whether in full or in part, using the promotional voucher.
7.10 The promotional voucher is transferable. The seller may deliver the goods to the person who used the promotional voucher in the store, even if they are not the original owner of the voucher. However, this provision does not apply if the seller is aware, or should be aware through gross negligence, of the lack of justification, legal incapacity, or lack of authority of the original owner.
8.1 If the customer is a consumer as defined in Article 1.2, any legal relationship between the contracting parties is governed by the law of the country where the customer has their habitual residence, excluding the United Nations International Trade Commission’s law. The competent jurisdiction for any disputes related to this contract is exclusively that of the customer’s habitual residence.
8.2 If the customer is a professional as defined in Article 1.2, any legal relationship between the contracting parties is governed by the law of the country where the seller has its registered office, excluding United Nations international commercial law. The competent jurisdiction for any disputes related to this contract is exclusively that of the seller’s head office.
9.1 The European Commission provides a platform for extrajudicial online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. Consumers seeking to resolve disputes with a seller have the option of mediation through this European platform.
9.2 In accordance with the provisions of the Consumer Code, amicable settlement also extends to cross-border consumer disputes. Customers wishing to utilize mediation services can refer to the website of the commission for the evaluation and control of consumer mediation (http://www.economie.gouv.fr/mediation-conso/commission). This website offers contact details for the European Consumer Center France and information regarding the terms of assistance available to consumers for extrajudicial settlement of such cross-border disputes. Should a customer opt to use the mediation service during a dispute with the seller, they must first contact the seller in writing. The mediation service can only be engaged if an agreement with the seller has not been reached.
The seller is registered for extended producer responsibility under the following unique identifier(s): “in application”.
The consumer benefits from a right of withdrawal according to the following terms, provided that the consumer is a natural person who concludes a legal act for personal purposes and that this act cannot be attributed neither to his commercial activity nor to his professional activity independent:
You have the right to withdraw from this contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or the last item. To exercise the right of withdrawal, you must notify us (Hayes Sport, 7 rue Luce Boyals, Toulouse 31300, Tel.: +33 (0) 6 34 36 04 87, E-Mail: contact@hayespadel.com) of your decision to withdraw from this contract by means of an unambiguous statement (e.g., e-mail or letter sent by post). For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of withdrawal by you from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us), without undue delay and, in any event, as soon as have received the goods or until you have provided proof of dispatch of the goods, whichever date is earlier. We will process the refund using the same payment method you used for the initial transaction. In any case, this reimbursement will not incur any costs for you.
You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract to us. This deadline is deemed to be respected if you return the goods before the expiry of the fourteen-day period. You will have to cover the direct costs of returning the goods. Your liability is only incurred with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of this property.
The right of withdrawal does not apply to contracts for the delivery of goods made to the consumer’s specifications or personalized items.
Please avoid damaging or contaminating the goods. We kindly ask you to return the goods to us in their original packaging, if possible, along with any accessories and all packaging components. Please use protective packaging if necessary. Please note that the general remarks above are not conditional for the exercise of the right of withdrawal.
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of:
Gabriele Scoditti (Hayes Sport)
7 rue Luce Boyals
Toulouse 31300 France
E-Mail: contact@hayespadel.com
In addition to the legal right of withdrawal, we guarantee you an additional withdrawal period: You have the right to withdraw from the contract within 30 days by sending a written message (i.e., mail, e-mail).
The 30-day withdrawal period begins from the day you or the person designated by you, other than the delivery service provider, physically acknowledges receipt of the goods.
Please send the withdrawal to: Gabiele Scoditti (Hayes Sport), 7 rue Luce Boyals, Toulouse 31300 France Email: contact@hayespadel.com
To benefit from the additional withdrawal period, the goods must be returned in their original packaging (if packaged), complete, unused (if the item was new), and undamaged. This does not apply to personalized products or services already provided.
Hayes Sport
7 rue Luce Boyals
Toulouse 31300 – France
Téléphone: +33 (0) 6 34 36 04 87
e-mail: contact@hayespadel.com
Immatriculation RCS, 981 044 019 R.C.S. Toulouse
Sole entrepreneurship
Director: Gabriele Scoditti
As an e-commerce merchant, we are obligated to inform you about the Online Dispute Resolution (ODR) platform provided by the European Commission for amicable mediations. The ODR platform is accessible through the following internet address: https://ec.europa.eu/consumers/odr/.
Please note that while we acknowledge our obligation to inform you about the ODR platform, we are neither prepared nor obligated to engage in dispute resolution before a protection mediator.
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