GENERAL TERMS AND CONDITIONS OF SALEVersion current as of 1st September 2020 ARTICLE 1 - DEFINITIONS
In these General Terms and Conditions of Sale, the terms below will have the definition attributed to them, unless the context requires otherwise. When the singular or plural is used for any of the defined terms, its corresponding plural or singular is implied when the context requires or permits it. 1.1. Buyer
Refers to any individual acting for purposes that are not covered by his/her commercial, industrial, freelance, self-employment, liberal arts or farming business, who orders one or more Product(s) using the Website. Such person must be at least eighteen years of age and have full legal capacity or, if the person is a minor, he/she must possess a parental authorisation to complete an Order. 1.2. General Terms and Conditions of Sale (“GTCS”)
These terms and conditions of sale. 1.3. Order
The purchase order by a Buyer concerning one or more Products and sent via the Website. 1.4. FFT
Refers to the “Fédération Française de Tennis” (French Tennis Federation; hereinafter, the “FFT”), an association governed by the French Law of 1 July 1901, recognised as being of public usefulness by decree dated 13 July 1923, which has its registered office at the Roland-Garros Stadium, 2 avenue Gordon Bennett, 75016 Paris, and whose VAT number is FR63 775 671 381. 1.5. Product
An item offered for sale on the Website as defined above. 1.6. Website
The e-commerce website of the FFT on which the FFT sells Products, which is accessible at the following addresses:
French version: https://boutique.rolandgarros.com
English version: https://store.rolandgarros.com ARTICLE 2 - APPLICATION AND BINDING NATURE OF THE GENERAL TERMS AND CONDITIONS OF SALE 2.1.
These GTCS apply automatically to the sale by the FFT of a Product or Products to any Buyer in connection with his/her Order. 2.2.
There are no special conditions that can take precedence over the GTCS. Any condition to the contrary, particularly concerning purchase, shall not be binding on the FFT. 2.3.
Any Order of a Product or Products indicates that the Buyer is fully familiar with and unreservedly agrees to the GTCS. To mark this agreement, the Buyer must check the box provided for this purpose before finally approving his/her Order on the Website. If he/she fails to do so, his/her Order will not be processed. 2.4.
Since these General terms of sale may be modified, the conditions that apply are those in force on the Website on the date that your Order is placed. ARTICLE 3 - THE PRODUCTS 3.1.
Features / availability of the Products 3.1.1.
The FFT makes every effort to provide an accurate description of the Products on the Website.
However, the Buyer acknowledges and agrees that minimal differences between the features of the Products (photographs, Product description, compositions, colours, etc.) provided on the Website and those of the Products actually delivered may occur. 3.1.2.
All Products sold by the FFT on the Website are in compliance with the French legislation in effect and with the standards that apply in France. 3.1.3.
The FFT reserves the right to amend and/or withdraw any information provided on the Website pertaining to any and all Products. 3.1.4.
The FFT reserves the right to withdraw from sale on the Website any and all Products. 3.1.5.
The Products are offered up to the limit of availability that is shown on the Website. If a Product turns out not to be available after the Order has been approved by the Buyer, the FFT will inform the Buyer by email that the Order for the non-available Product has been cancelled automatically. If the Buyer’s Order was debited prior to the Product being discovered not to be available, the Buyer will be reimbursed the price of the Product to the bank account that was debited within seven (7) business days. 3.2.
Prices of the Products 3.2.1.
On the Website’s presentation pages, the prices of the Products are shown not inclusive of delivery charges. 3.2.2.
The total delivery charges are shown to the Buyer when s/he approves her/his Order on the Website. Where the FFT runs a promotion, it will be able to reduce or eliminate the delivery charges. 3.2.3.
The FFT reserves the right to amend the prices of the Products presented on the Website at any time. 3.2.4.
The price invoiced by the FFT to the Buyer is the price shown at the time the basket is approved and in the confirmation email for the Order that is sent to the Buyer. 3.2.5.
For an Order delivered to countries of the European Union and to Albania, Andorra, British Channel Islands, Belarus, Bosnia Herzegovina, Crete, Faeroe (islands), Gibraltar, Guernsey, Iceland, Jersey, Kosovo, Liechtenstein, Macedonia, Isle of Man, Moldova, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Ukraine, Vatican: 188.8.131.52.
The price of the Products is shown in euro (€), inclusive of all taxes (“TTC”), not inclusive of delivery charges. 184.108.40.206.
The price of the Products uses French VAT (“TVA”) that is applicable on the order date. Any change in the applicable rate will be made on the price of the Products after the application date of the new applicable rate. 3.2.6.
For an Order delivered to the United Kingdom: 220.127.116.11.
The price of the Products is shown in pounds Sterling (£), inclusive of all taxes (“TTC”), not inclusive of delivery charges. 18.104.22.168.
The price of the Products uses French VAT (“TVA”) that is applicable on the order date. Any change in the applicable rate will be made on the price of the Products after the application date of the new applicable rate. 3.2.7.
For an Order delivered to the rest of the world: 22.214.171.124.
The price of the Products is shown in US dollars ($), exclusive of any taxes and not inclusive of delivery charges. 126.96.36.199.
The Buyer acknowledges and agrees that it will be the Buyer’s responsibility to settle all the customs duties and all the taxes that are legally chargeable in his/her country of delivery, separately. 3.3.
Transfer of ownership
The Products remain the full property of the FFT until complete payment of the price of the Order by the Buyer, which the Buyer and acknowledges and agrees to. ARTICLE 4 - ORDER 4.1.
Creation of a customer account / Logging into the customer account 4.1.1.
Before making an initial Order on the Website, the Buyer is required to create a customer account, via the "Register" ("S’inscrire") section of the Website. The Buyer must fill in the form in full with the data requested and must provide a valid email address. 4.1.2.
The Buyer undertakes to provide the FFT with full and accurate information. 4.1.3.
The Buyer is responsible for keeping his/her personal information up-to-date. 4.1.4.
In the future, after the Buyer's initial purchase on the Website, and to make any new Order on the Website, the Buyer will be required to log in to his/her customer account, via the "Register" ("S’inscrire") section of the Website. 4.1.5.
The FFT shall be entitled at any time to deactivate the customer account of a Buyer, at its own discretion, especially (but not exclusively) if it suspects that a third party’s identity has been stolen, the GTCS have not been honoured, or payment was not received on a prior Order.
A Buyer may also ask the FFT to deactivate his/her customer account. 4.1.6.
It is the Buyer’s responsibility to ensure that his/her user name and password chosen to create his/her customer account are kept secure. Any login to that account using the Buyer’s user name and password shall be presumed to be done by the Buyer. 4.2. Ordering
All the steps required to order are explained on the Website. The Buyer must follow the on-line sales path and click “Pay” (“Payer”) to complete his/her Order.
To place an Order, the Buyer will be required to supply a valid delivery address and valid phone number. The FFT will not be held liable for not being able to deliver the Product or Products if the Buyer filled in her/his delivery address or any other information wrongly. 4.3. Confirmation of the Order 4.3.1.
The FFT will send the Buyer and email confirming that the Order was placed, as long as the Buyer has provided a valid email address in her/his customer account. 4.3.2.
If the confirmation email is not received, the Buyer is asked to contact the FFT according to the procedures outlined in Article 11 of the GTCS. 4.4. Monitoring the Order
The Buyer is able to check on the state of processing of his/her Order at his/her customer account on the Website.
Her/his parcel’s tracking number is shown in the Buyer’s customer account on the Website.
The FFT will also send the Buyer an email confirming the dispatch of her/his Order with his parcel’s tracking number. 4.5. Evidence of Orders
The Parties explicitly agree that emails will be valid between the Parties, as will the automatic recording systems used on the Website, especially with regard to the kind of Order and its date. ARTICLE 5 - PAYMENT 5.1.
The Order’s price shall be payable in cash, in full, on the day the Buyer places the Order. 5.2. Means of payment 5.2.1.
Payment shall be made on-line either by payment card (Visa, MasterCard, American express, Maestro, Bancontact Mistercash) or via PayPal, Sofortüberweisung or Ideal; no other means of payment will be accepted. 5.2.2.
The FFT reserves the right to change the authorised means of payment specified in subsection 5.2.1. 5.2.3.
The price of the Order shall be debited from the Buyer’s account on the day the Order is placed. 5.2.4.
The FFT will not be required to deliver the products ordered by the Buyer if the Buyer does not pay the FFT the full price under the conditions stated above. The payments made by the Buyer will be considered final only after the FFT has received the value of the amounts payable. 5.3. Security and confidentiality of the data sent on-line
The FFT makes every possible effort, within the scope of technical knowledge, to ensure the security and confidentiality of the data transmitted on-line. With this goal, the Site uses SSL (Secure Socket Layer) secured payment mode.
This is an obligation to invest its best efforts.
The company that operates the on-line payment service is Hipay SAS, recorded on the Paris companies register (RCS) with number 390 334 225, whose registered office is at 6 Place du Colonel Bourgoin, 75012 Paris. 5.4. Invoice
After the Buyer sends his/her Order, he/she will have access to his/her invoice in his/her customer account on the Website. The Buyer will be deemed to have agreed to this invoice ten (10) days after it is posted on-line. ARTICLE 6 - DELIVERY
The Products will be delivered to the delivery address provided by the Buyer when s/he entered her/his Order.
Goods may be delivered to the Buyer in France and in all the countries stated on the Website.
Buyers are offered a variety of delivery modes. Details of these are provided in table provided in subsection 7.4.
When the Buyer chooses a delivery mode, the Buyer is deemed to have fully agreed to the general terms and conditions of sale of the selected freight forwarder. ARTICLE 7 - DELIVERY TIMES AND CHARGES 7.1.
Buyers will have the choice of a variety of delivery modes at the time they order. 7.2.
The delivery times stated in the table below in subsection 7.4 are calculated from the time the FFT approves the Order, not counting weekends and holidays, for an Order placed before noon.
Orders recorded on the Website on Friday afternoon, Saturday or Sunday shall be processed the following Monday. Orders recorded on the Website on a holiday other than Friday afternoon, Saturday or Sunday shall also be processed the following business day. 7.3.
The FFT will invest its best efforts to comply with the time frames stated below in subsection 7.4. In any case, the Products will be delivered within a maximum time period of thirty (30) calendar days as of the Order being recorded, subject to full payment of the price. If this does not occur, the Buyer shall be entitled to apply for termination of the sale, under the conditions set forth by the French Consumer Protection Code (“Code de la consommation”): Article L.216-2 of the Consumer Protection Code:
“If the business entity breaches its obligation to deliver the good or to supply the service on the date or at the expiration of the time period set forth in Article L.216-1(1) or, by default, at the latest by thirty (30) days after the contract is entered into, the consumer shall be entitled to terminate the contract, by registered letter with return receipt requested or by a written message made on another durable medium, if, after having urged the business entity, according to the same procedures, to perform the delivery or to supply the service within a reasonable addition time period, the business entity did not achieve performance within that time period.
The contract is deemed to be terminated once the business entity receives the letter or the written text notifying it of such termination, unless the business entity has achieved performance in the meantime.
The consumer shall be entitled to terminate the contract immediately when the business entity refuses to deliver the good or supply the service or when it does not perform its obligation to deliver the good or supply the service at the date or at the expiration of the time frame set forth in Article L.216-1(1) and when that date or that time frame is an essential condition of the contract for the consumer. This essential condition arises due to circumstances that surround the making of the contract or of the explicit request of the consumer prior to the contract being made.” Article L.216-3 of the Consumer Protection Code:
“Where the contract is terminated under the conditions set forth in Subsection L.216-2, the business entity shall reimburse the consumer all the amounts paid, within two calendar weeks after the date on which the contract was terminated, at the latest.” 7.4.
Indicative table of the delivery time frames and charges according to the delivery mode selected:
The time frames stated are shown in business, days, and holidays and days off in the delivery region, as well as those in France, the dispatch region, must be taken into account. 7.5. Multiple orders
If there is a temporary stock outage of one or more Products included in an order containing several Products, the available Products will be sent to the Buyer.
The price of the Products that are out of stock will be reimbursed to the Buyer in full according to the payment method used to settle the Order.
The Products that are out of stock will not be sent later; it is up to the Buyer to log on to the Website again to check on their availability, and place a new Order. 7.6. Transfer of risks
Any risk or damage to the Products is transferred to the Buyer at the time it or a third party it shall appoint, other than the freight forwarder offered by the business entity, physically takes possession of those Products.
When the Buyer hires a freight forwarder other than the one offered by the FFT to make the delivery, the risk of loss or damage to the Product is transferred to the Buyer once the freight forwarder takes delivery of the Product.
It is the Buyer’s responsibility, or that of the recipient of the parcel, if different, at the time of receipt of the Product to check without delay that the Products sent are in compliance and are complete. In general, complaints or reservations made on the delivery slip must be complete and accurate. Among other things, they must define the damage accurately, stating the Order number. ARTICLE 8 - RIGHT OF CANCELLATION 8.1.
Pursuant to Article L.221-18 of the Consumer Protection Code, the Buyer shall have fourteen (14) days as of receipt of the Product ordered to exercise his/her right of cancellation, without being required to provide reasons or pay any penalties. 8.2.
The Product must be returned in its complete state, in perfect condition, in its original packaging, with all its accessories and documents and in its original packaging. 8.3.
To exercise his/her right of cancellation, the Buyer will find in Appendix 2 the cancellation standard form to be filled out and sent to FFT’s customer service department at the following address:
Fédération Française de Tennis
Griffe – Service Client
2 avenue Gordon Bennett
The Buyer will also have the option of notifying the FFT of his/her wish to exercise his/her right of cancellation by any other method of his/her choice, by expressing his/her wish to cancel in unambiguous terms and stating the Order concerned by the cancellation. 8.4.
Once the cancellation form or declaration has been sent to the FFT, the Buyer must send back the Product within a maximum of fourteen (14) days after sending the FFT his/her decision to cancel. The Buyer shall be required to print the cancellation form that he/she will have filled out and insert it in the package to be returned to the following address:
Boutique Officielle Roland-Garros
ZI de l’Orme Pomponne
44 avenue Paule Langevin
91130 Ris Orangis
The FFT recommends that the Buyer retain evidence that he/she sent the parcel, since the parcel remains the liability of the Buyer until L4 Logistics receives the parcel. 8.6.
The Buyer will be reimbursed for all the amounts paid, excluding delivery costs. 8.7.
This reimbursement will occur within a maximum of fourteen (14) days as of the date on which the FFT was notified of the Buyer’s decision to cancel the contract.
The FFT may defer reimbursement until the Product has been recovered or until the Buyer has provided evidence that the Product was sent, the date to be used being that of the first of these events. 8.8.
The FFT performs this reimbursement by using the same means of payment as that used by the Buyer for the initial transaction, unless the Buyer provides FFT with instructions to use a different means of payment. 8.9.
The return charges incurred in the scope of a cancellation shall be payable by the Buyer. 8.10.
The right of cancellation may not be exercised for the contracts listed at Article L.221-28 of the Consumer Protection Code, and in particular for the following kinds of contracts:
(3) for the supply of goods made to the consumer's specifications or clearly personalised;
(4) for the supply of goods which are liable to deteriorate or expire rapidly;
(5) for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (…)
(9) for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed by the consumer after delivery; (…)” ARTICLE 9 - COMPLIANCE/WARANTIES 9.1.
Products are warranted against compliance faults and unreasonable faults under the conditions set forth in Articles 217-4 et seq. of the Consumer Protection Code and in Articles 1641 et seq. of the Civil Code, which are appended to these GTCS.
In the event that the Product delivered is faulty or non-compliant, the Buyer shall notify the FFT of such fact and return the Product in question to the address provided in Article 8.4, providing in the return parcel his/her contact details and the Order reference.
The Buyer will be reimbursed for the delivery costs (with the exception of any additional charges arising out of the Buyer potentially choosing a different delivery method from the least costly method, i.e., standard delivery, offered by the FFT). 9.2.
Some products may be subject to a commercial warranty, apart from the legal warranty specified in Article 9.1. Where applicable, the scope and term of this warranty are outlined on the Website. ARTICLE 10 - LIABILITY / FORCE MAJEURE 10.1.
In light of the features and limits of the Internet, the FFT declines any liability associated with the consequences of logging on to the Internet via the Website.
The FFT will not, therefore, be held liable for any damages caused to your computer-related hardware or to the data stored on it, or for any consequences that may arise out of such damages for your personal, business or commercial activity.
Similarly, the FFT will not be held liable for the display of a wrong price if such display is due to a computer bug or to an intrusion into its IT systems. In such a case, and especially if the Website displays an identical price for all Products or prices that are clearly erroneous, the FFT reserves the right to cancel any Order.
Moreover, the FFT shall not be held liable if the Website should not be available, regardless of the time, the reason or the term of such outage. Access to the Site may be suspended temporarily or permanently without prior notice. 10.2.
The FFT shall not be held liable for any damages arising out of a fault of the Buyer in connection with the use of the Products.
The FFT shall not be held liable if lack of performance or poor performance of its obligations is attributable to a "cas fortuit" (roughly equivalent to ‘unforeseeable circumstances’) or a "force majeure" event (roughly equivalent to an ‘act of God’), as defined by French case law. Examples of such events include war, a terrorist attack or threat, an explosion, a storm, strikes of any kind. ARTICLE 11 - INFORMATION / COMPLAINTS
For any information, complaint or question, the Buyer should contact the FFT's customer service department by filling out the on-line form on the Website in the “Contactez-nous” (‘Contact Us’) section or by telephone at +33 (0)147 435 111, Monday to Friday, 9.30 a.m. to 5.30 p.m. or by email email@example.com (French) or firstname.lastname@example.org (English). ARTICLE 12 - INTELLECTUAL PROPERTY
All aspects of the Website (including, but not restricted to, the animated or fixed images, photographs, illustrations, texts, sounds, videos, databases, technical items of the Website, verbal or semi-figurative or figurative marks, names, acronyms, logos, drawings, models) are protected by the provisions of the French Intellectual Property Code and belong to the FFT or, as the case may be, to the FFT’s partners or licensees.
Therefore, any reproduction, whether direct or indirect, total or partial, of any item of the Website, for any purpose whatsoever, on any medium whatsoever, without the FFT’s prior written consent, shall be prohibited.
If you wish to create a hypertext link to any page(s) of the Website, you are required to gain the FFT's prior written consent. Article 13 - VALIDITY OF THE GTCS
If any of the provisions of these General Terms and Conditions of Sale should be declared invalid in whole or in part, the other provisions and the other rights and obligations arising out of these GTCS shall remain unchanged and shall still be applicable. Article 14 - NO REVOCATION
The fact that the FFT should refrain from requiring performance of one of the provisions of these GTCS shall not be interpreted as indicating revocation of invoking said total or partial breach at a later time. Article 15 - ACCESSIBILITY OF THE GTCS
The up-to-date version of the FFT’s GTCS is accessible by the Buyer at all times on-line. All the Buyer needs to do is click on the link: https://store.rolandgarros.com/en/general-terms-and-conditions-e.html ARTICLE 16 - APPLICABLE LAW / ATTRIBUTION OF JURISDICTION
These General Terms and Conditions of Sale are subject to French law. Any dispute pertaining to their application, validity, interpretation and/or performance, and more generally, any dispute in connection with the sale of the Products shall be heard before the courts with jurisdiction.
Pursuant to the provisions of the Consumer Protection Code pertaining to out-of-court dispute settlement, the FFT is a member of the e-commerce Mediator Service of the FEVAD (“Fédération du e-commerce et de la vente à distance” or e-commerce and remote sales federation), which can be contacted at the following address: 60 rue de la Boétie – 75008 Paris – http://www.mediateurfevad.fr. After consumers have contacted the FFT in writing, any consumer dispute that was not resolved may be referred to the Mediator Service.
To find out how to refer a matter to the Mediator: http://www.mediateurfevad.fr/index.php/espace-consommateur/
On the EU level, the European Commission has set up an on-line dispute settlement platform. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ APPENDIX 1 Article L217-4 of the Consumer Protection Code:
“The seller delivers a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility." Article L217-5 of the Consumer Protection Code:
“The good is compliant with the contract:
(1) if it is suitable for the purpose usually associated with such a product and, if applicable:
- if it corresponds to the description given by the seller and has the features that the seller presented to the buyer in the form of a sample or model;
- if it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
(2) Or if it presents the features defined jointly by the parties or be suitable to any special use sought by the buyer, of which the seller was advised and to which the seller agreed.” Article L217-7 of the Consumer Protection Code:
“Lacks of compliance that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, save for any evidence to the contrary.
For goods sold second-hand, this period is set at six (6) months.
The seller is entitled to rebut this presumption if it is not compatible with the nature of the good or the lack of compliance referred to.” Article L217-8 of the Consumer Protection Code:
“The buyer is entitled to demand that the good be in compliance with the contract. However, he cannot dispute the compliance by referring to a fault of which he was aware or of which he could not be unaware at the time he entered into the contract. It is self-evident where the fault has its source in the material that the buyer supplied.” Article L217-10 of the Consumer Protection Code:
“If it is not possible to repair or replace the good, the buyer may return the good and have the price refunded or retain the good and have part of the price refunded.
The same option is open to him:
(1) If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within a month following the buyer's complaint;
(2) Or if that solution cannot be implemented without a major inconvenience for the buyer given the nature of the good and the use he is seeking.
The sale cannot be cancelled, however, if the lack of compliance is minor.” Article L217-12 of the Consumer Protection Code:
“Action resulting from lack of conformity lapses two years after delivery of the product.” Article L.216-16 of the Consumer Protection Code:
When the buyer asks the seller, during the commercial warranty period granted him at the time of purchase or of the repair of a moveable good, for a repair covered by the warranty, any holding period of at least seven days is added to the term of the warranty remaining to run.
This period runs from the buyer’s request for service or the provision for repair of the good at issue, if such provision occurs after the request for service. Article 1641 of the Civil Code:
“The seller is bound by the warranty due to hidden defects of the item sold that render it unsuitable for the use for which it is meant, or that reduce such use to such an extent that the buyer would not have bought it, or would only have paid a lesser price, if s/he had been aware of them.” Article 1644 of the Civil Code:
“(…) the buyer has the choice of returning the item and having the price refunded or of keeping the item and having a part of the price refunded.” Article 1648 of the Civil Code:
“The action resulting from unreasonable faults must be brought by the buyer within a period of two years following the discovery of the fault.” APPENDIX 2 CANCELLATION FORM
(Please fill out and send this form only if you wish to cancel your order placed on the Website)
Attention: Fédération Française de Tennis – Griffe – Service Client – Stade Roland Garros – 2, avenue Gordon Bennett – 75016 Paris.
I am hereby serving you notice of my cancellation from the contract pertaining to the sale of the product below:
Ordered on: …………………………………………………………………………………………………………………………………..
Received on: ……………………………………………………………………………………………………………………………………………….
Order number: ………………………………………………………………………………………………………………….
Buyer’s name: …………………………………………………………………………………………………………………………….
Buyer’s address: ………………………………………………………………………………………………………………………..
Buyer’s signature (only in the case of service of this form on paper):