DIMASPORT
Simplified Joint Stock Company
With a capital of 400,000 Euros
RCS: Melun 324 206 176
SIREN: 324 206 176 00020
NAF: 3230Z
VAT Number: FR25324206176

Head Office: 1 bis rue Louis Armand – BP 91 – 77 834 OZOIR-LA-FERRIERE CEDEX

Phone: 01.64.40.05.70
Fax: 01.64.40.00.37
Email: info@dimasport.fr

Opening hours: Monday to Thursday from 8:30 AM to 12:00 PM and from 1:00 PM to 5:30 PM
Friday from 8:30 AM to 12:15 PM and from 1:15 PM to 4:30 PM

Hosting provider:

GENERAL TERMS AND CONDITIONS OF SALE FOR OUR PRODUCTS ONLINE

ARTICLE 1 - Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by "DIMASPORT" with buyers wishing to acquire the products offered for sale by DIMASPORT. These conditions apply to the exclusion of all other conditions, including those applicable through other distribution and marketing channels. Sales made on our website www.dimasport.fr are governed by the general terms and conditions of online sales appearing on our website www.dimasport.fr. The General Terms and Conditions of Sale regularly updated on dimasport.fr will prevail, if necessary, over any other version or any other prior document at the date of the order. Unless proven otherwise, the data recorded by DIMASPORT constitutes proof of all transactions. Product offers are valid while stocks last. Information on product availability is provided at the time of order placement. These general terms and conditions of sale will remain in effect until the next publication date. Changes to these General Terms and Conditions of Sale are binding on buyers from their update date and cannot apply to transactions concluded previously. Any order by the buyer constitutes unreserved acceptance of these General Terms and Conditions of Sale.

ARTICLE 2 – Orders

To place an order on the website www.dimasport.fr, the Client must select the products they wish to order on the site, following the steps below, knowing that any order implies acceptance by the client of the prices and product descriptions ordered:

Step 1: "My Cart"

Select the desired products and quantities. Carefully check the contents of your cart before validating. At this stage, it is still possible to add, delete, or modify a reference or quantity. Once your order is complete, click "Next".

Step 2: "Identify Yourself"

You must enter your email address and password to log in or create an account if you are a new customer.

Step 3: "Address"

Choose and confirm your shipping and billing addresses. If you wish, you can leave us a message (special instructions, etc.) about your order in the provided field. Then, click "Next".

Step 4: "Validation of GTCS" (General Terms and Conditions of Sale)

Read and validate by clicking in the provided box to accept the general terms and conditions of online sales. To proceed to the next step, click "Next".

Step 5: "Payment"

Choose your payment method:

• Bank transfer
• Administrative transfer (reserved for public institutions)
• Credit card

And click "I confirm my order". Once this step is validated, you will receive a confirmation email informing you that your order has been received.

Upon receipt of your payment or official documents* (in the case of an administrative transfer*), your order will be processed, and an order acknowledgment will be sent to you directly by the DIMASPORT customer service.

If no payment is received within 15 days from the registration of your order on the website www.dimasport.fr, DIMASPORT reserves the right to cancel your order.

Dimasport is at your service for any questions, additional information, and order tracking. Do not hesitate to contact us by phone at 01 64 40 05 70 or by email at info@dimasport.fr.

ARTICLE 3 – Pricing

Products are supplied at the prices in effect at the date of order registration by DIMASPORT. Prices are expressed in Euros, including VAT.

Prices do not include processing, handling, and delivery fees, which may be charged additionally. For our reseller clients, for any order under €75 net excluding tax, a management fee of €20 excluding tax will be applied, and payment by bank transfer at the time of order will be required.

VAT-inclusive prices take into account the French VAT applicable on the day of the order. If VAT changes, our prices will be immediately updated to reflect the new applicable rate. Similarly, if the prices of raw materials (such as oil, steel, aluminum, etc.) change, DIMASPORT may be required to adjust product prices accordingly.

ARTICLE 4 - Payment Terms

On the website www.dimasport.fr, purchases can be paid for as follows:

• By bank transfer
• By administrative transfer (reserved for public institutions)
• By credit card (Carte Bleue, VISA, or Mastercard).

In the case of payment by credit card, the contract is deemed concluded upon receipt of the order confirmation email. The online transaction and payment by credit card are handled directly by Crédit Agricole and are fully secured by the SSL (Secure Socket Layer) system.

For any custom-made equipment order, payment by bank transfer will be required at the time of order. If no payment is received within 15 days of order registration, DIMASPORT reserves the right to cancel the order. For reseller clients, for any order under €150 net excluding tax, payment by bank transfer at the time of order will be required. For first-time orders, reseller clients must pay at the time of order. Products remain the property of DIMASPORT until full payment is received.

ARTICLE 5 - Deliveries

The products purchased by the Buyer will be delivered within mainland France, with an estimated delivery time indicated on the Order Acknowledgment (excluding periods when our workshops are closed for holidays or inventory) to the address provided by the Buyer when placing the order. Unless there is a specific case or the unavailability of one or more products, the ordered products will be delivered in a single shipment. DIMASPORT cannot be held responsible for the unavailability of one or more products.

Deliveries are handled by an independent carrier. DIMASPORT undertakes to make its best efforts to deliver the products ordered by the Buyer within the specified timeframes. However, these timeframes are provided for informational purposes only, and any delay cannot result in damages, retention, or cancellation of the order by the Buyer.

DIMASPORT fulfills its delivery obligation as soon as the sold goods have been handed over to the carrier, who has accepted them without reservation. The Buyer acknowledges that the carrier is responsible for the delivery and has no recourse against DIMASPORT in case of non-delivery of the transported goods.

In case of a specific request from the Buyer regarding the packaging or transport conditions of the ordered products, the associated costs will be subject to a quote and additional specific invoicing by DIMASPORT. Packages are shipped in perfect condition from DIMASPORT's warehouse. Upon delivery, it is the Buyer's responsibility to unpack and check the condition and number of packages in the presence of the delivery person. The Buyer must clearly indicate their name and sign the delivery receipt. The signature of the receipt confirms that the packages have been received in compliance and in perfect condition.

In case of damage, it is imperative to note specific reservations on the carrier's receipt at the time of delivery, specifying the condition of the packaging, the observed damage in detail, and the number of damaged packages. For example: "Package refused - torn plastic wrap, one torn cover of mat ref. xxxxx."

Important: General reservations such as "subject to unpacking," "package refused," or "damaged package" have no legal value and will not allow any claim with the carrier for damage coverage.

If you have any questions regarding your delivery, do not hesitate to contact DIMASPORT’s customer service at 01 64 40 05 70 for guidance on the procedure to follow.

The Buyer has 72 hours from delivery to confirm in writing (postal mail, email) any reservations made on the carrier’s receipt during delivery or to submit claims for non-compliance or apparent defects of the delivered products, with all relevant supporting documents. After this period and in the absence of compliance with these formalities, the products will be deemed compliant and free from any apparent defects, and no claim will be accepted by DIMASPORT.

For Individual Customers, if the carrier does not provide proof that the Buyer was given the opportunity to check the condition of the packages, the deadline for submitting any reservations or claims for non-compliance or apparent defects is extended to 10 days.

DIMASPORT will replace, as soon as possible and at its own expense, any delivered products proven by the Buyer to have visible defects related to transport or non-compliance with quality standards.

The shipping fees (excluding Corsica, Overseas Territories, and metropolitan islands) are as follows:

For shipping costs to Corsica, Overseas Territories, and metropolitan islands, please contact DIMASPORT’s customer service for a quote. Once your order is registered, DIMASPORT prepares and optimizes it with a constant focus on sustainable development and ships it within the estimated timeframe indicated on the order acknowledgment (excluding workshop closure periods for holidays or inventory). Your order is handled and delivered with the utmost care by DIMASPORT’s transport partners.

ARTICLE 6 - Transfer of Ownership - Transfer of Risk

Unless the retention of title clause applies, the ownership of DIMASPORT products and the corresponding transfer of the risks of loss and deterioration are transferred to the carrier at the time of shipment for professionals and reseller clients. For consumers (individual customers), the transfer of risk occurs upon receipt of the products, in accordance with Article L.216-4 of the Consumer Code.

ARTICLE 7 - Retention of Title

DIMASPORT retains ownership of the delivered goods until full payment of their price, including principal and interest, with the risks of the goods nevertheless falling on the recipient as soon as they are made available.

In case of non-payment by the agreed due date, DIMASPORT may reclaim the goods, the sale will be automatically canceled if desired, and any deposits already paid will remain acquired by DIMASPORT as compensation for the use of the goods enjoyed by the Buyer.

If the Buyer is subject to judicial reorganization or liquidation, DIMASPORT reserves the right to claim, as part of the collective procedure, the unpaid goods sold.

Providing drafts or any payment instruments creating an obligation to pay does not constitute payment.

Consequently, in the event of non-payment, DIMASPORT has the right to repossess the goods at the recipient’s expense.

This clause is an integral part of our General Terms and Conditions of Sale.

ARTICLE 8 - Right of Withdrawal

In accordance with Article L.221-18 of the Consumer Code, the consumer has a period of 14 calendar days from the receipt of the product to exercise their right of withdrawal, without having to provide a reason or pay any penalties. Return costs are borne by the consumer, except in cases of product non-conformity. The refund of the amount of the items, excluding delivery costs, is made within 14 days following receipt of the withdrawal request.

ARTICLE 9 – Returns, Exchanges

Products must be returned properly packaged in a new condition within 14 days after withdrawal.

Custom-made or personalized items for the Buyer are excluded from the right of withdrawal.

Items without proper packaging, damaged, soiled, or incomplete will not be accepted.

Return costs are the sole responsibility of the Buyer.

The return of products requires prior authorization from DI- MASPORT customer service (by email: info@dimasport.fr) and must be accompanied by a copy of the delivery note and invoice.

Return address: DIMASPORT - 1 bis rue Louis Armand - 77330 Ozoir-La-Ferrière

Exchange (subject to availability) or refund will be made within 14 days from the receipt of the returned items by DIMASPORT.

In case of abnormal or abusive returns, DIMASPORT reserves the right to refuse future orders from the customer.

ARTICLE 10 - DIMASPORT Liability - Warranty

The products supplied by DIMASPORT benefit, in accordance with legal provisions:

• from the legal conformity warranty
• from the legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use
• from the Manufacturer's warranty, depending on the products and brands concerned

Any warranty is excluded in case of misuse, negligence, or lack of maintenance by the Buyer, as well as in case of normal wear and tear, accident, or force majeure. DIMASPORT's warranty is limited to the replacement or refund of non-compliant or defective products.

To exercise their rights, the Buyer must notify DIMASPORT in writing of the existence of defects within a maximum period of 7 days from their discovery, failing which any related claim will be forfeited.

DIMASPORT will replace or repair products or parts under warranty deemed defective. The products sold on the website comply with French regulations. DIMASPORT shall not be held liable for non-compliance with the laws of the country where the products are delivered, which is the Buyer's responsibility to verify.

Product characteristics may be modified or improved without notice. Consequently, the photographs, texts, and illustrations accompanying the products on the website have no contractual value and do not engage DIMASPORT's liability.

The Buyer is solely responsible for the choice, storage, and use of the products. All products sold by DIMASPORT must be used under adult supervision.

DIMASPORT shall not be considered liable or at fault for any delay or failure resulting from a force majeure event as recognized by French jurisprudence.

ARTICLE 11 - Data Protection

In accordance with GDPR and the French Data Protection Act (Article 78-17 of January 6, 1978, as amended), customers have the following rights regarding their personal data: access, rectification, deletion, processing restriction, objection, portability, and withdrawal of consent. Customers can exercise these rights by email at « info@dimasport.fr », specifying in the subject line: « Personal Data Management ».

ARTICLE 12 - Intellectual Property

The content of the website and publications by Dimasport are the property of DIMASPORT and its partners and are protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

Additionally, DIMASPORT remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., created (even at the Client’s request) for the provision of services. The Client is therefore prohibited from reproducing or exploiting such studies, drawings, models, or prototypes without the express prior written authorization of DIMASPORT, which may require financial compensation.

ARTICLE 13 - Force Majeure

DIMASPORT shall not be held liable if the non-performance or delay in the execution of any of its obligations under these General Terms and Conditions of Sale results from a force majeure event. In this context, force majeure refers to any external, unforeseeable, and irresistible event as defined in Article 1148 of the Civil Code.

ARTICLE 14 - Applicable Law - Language

By express agreement between the parties, these General Terms and Conditions of Sale are governed by and subject to French law.

They are written in the French language.

ARTICLE 15 - Disputes - Claims

Any disputes or claims arising from this contract, concerning its validity, interpretation, execution, termination, consequences, and follow-up, shall be submitted to the competent courts under common law conditions. In case of disputes with professionals and/or merchants, the court of MELUN (FRANCE) shall have jurisdiction. In case of a dispute, an amicable solution will be sought before any legal action. If unsuccessful, the dispute will be brought before the court of Melun (France).

Consumers may submit the dispute to consumer mediation. To see a list of consumer mediators, individuals can consult the webpage of the Commission for Consumer Mediation Evaluation and Control: https://www.economie.gouv.fr/mediation-conso/commission.

ARTICLE 16 - Buyer's Acceptance

Any order of DIMASPORT products placed by an individual or legal entity implies full and complete adherence to these General Terms and Conditions of Sale. The Buyer expressly acknowledges having read and accepted them without reservation. Consequently, they waive the right to invoke any contradictory document, including their own general terms and conditions of purchase, which cannot be enforced against DIMASPORT unless expressly agreed in writing beforehand.

PRIVACY POLICY

The data provided in the account creation form is stored in a computerized file by Dimasport. The Data Protection Officer can be reached by phone at 01.64.40.05.70 or by email at info@dimasport.fr for any modifications or deletions of the data. Processing is carried out based on the company's legitimate interests, as the requested data is necessary for order registration, shipping, and quotation creation.

The collected information will only be communicated to the following recipients: Dimasport SA.

This data will be processed in our sales department and transmitted to some of our service providers (carriers).

Your information will be retained for a period of 3 to 8 years. The retention period of your data is determined by the following criteria: Data deletion after an inactivity period (order/quotation request) of 8 years for professionals and 3 years for individuals.

You will retain the right to access your information. You may access, rectify, request modification or deletion, and exercise your right to restrict processing. You may exercise these rights at any time. To do so, you may contact our Legal Department:

•          By email at: info@dimasport.fr
•          By postal mail at the following address: 1 bis rue Louis Armand, 77330 Ozoir-La-Ferrière

Additionally, you may withdraw your consent to the processing of your data at any time or object to its processing. You can also exercise your right to data portability.

If, after contacting our Legal Department, you find that your "Data Protection and Privacy" rights are not being respected, you may file a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), 3 Place de Fontenoy, 75007 Paris.