Terms of Sales

ARTICLE 1. ACCEPTANCE - ENFORCEABILITY

These General Terms and Conditions of Sale (GTC) apply automatically to all sales of SOLAR products (hereinafter "Products") concluded by the company SOLAR (hereinafter: "SOLAR") on the website www.SOLAR.com (hereinafter: "the Site"), to any non-professional buyer (hereinafter: "the Customer") who accepts them and who acknowledges having full knowledge of them and therefore waives the right to rely on any contradictory document.
No document other than these terms may create obligations on the parties or derogate from these terms unless it is the subject of a writing signed by the parties.
The General Terms and Conditions are accessible at any time on the Site and will prevail, where applicable, over any previous version or any other contradictory document. The Customer has the right to request that the General Terms and Conditions be sent to them by SOLAR by email. They may also save, edit or copy them, it being specified that saving, editing or copying this document is their sole responsibility, as these General Terms and Conditions may be subject to change.
Amendments to these General Terms and Conditions of Sale are binding on Customers from the time they are posted online and apply to transactions concluded after they are posted online.

ARTICLE 2. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the following information: the essential characteristics of the Products; the price of the Product and transport costs; the delivery time; information relating to the identity of SOLAR, its postal, telephone and electronic contact details and its activities; information relating to the right of withdrawal, legal guarantees, the functionalities of the digital content and its interoperability; the possibility of using a consumer mediator.

ARTICLE 3. ORDERS

It is up to the Customer to select the Products he wishes to order on the Site, according to the following terms:
3.1. Navigation within the Site
The Customer may view the various Products offered for sale by SOLAR on its Website. The Customer may freely browse the various pages of the Website, without being committed to an order.
3.2. Recording an order
If the Customer wishes to place an order, he will choose the different Products in which he is interested, and will express said interest by clicking on the “Add to cart” box.
On the Website, at any time, the Client may:
- obtain details of the Products he has selected, by clicking on “View my basket”,
- continue your selection of Products by clicking on “Continue my purchases”,
- complete your selection of Products and order these Products by clicking on “Order”.
To order the Products he has thus chosen, after clicking on "Order", the Customer must identify himself, either by entering his email address and confidential password, if he has already created his account, or by directly entering his information in the corresponding form otherwise. In the latter case, the Customer must accurately fill out the form made available to him, on which he will include in particular the information necessary for his identification and in particular his surname, first name, postal address, email, telephone number. In addition, the Customer must provide his email address and a password of his choice which will be personal and confidential and which he will need to identify himself subsequently on the Site. The Customer is informed and accepts that the entry of these two identifiers constitutes proof of his identity.
Once the Customer has been identified, they will need to confirm the delivery address. An order form will appear on the screen, detailing in particular: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order, the Customer's contact details, the deadline for delivery of the Products, and the delivery address for the Products.
The Customer may correct any errors before confirming their order. If this is the case, a new order form will be automatically generated.
3.3. Final validation of the order
After having read the order form, and once all the requested information has been completed by the Customer, the latter will check the box accepting these general conditions of sale and click on "Pay".
This second click constitutes an electronic signature. This signature has the same value and is binding on the Customer as a handwritten signature. The purchase order will be recorded in SOLAR's computer records, which are themselves stored on a reliable and durable medium, and will be considered proof of the Customer's commitment.
The Customer may choose the payment method he wishes, from those offered by SOLAR and will proceed to payment for the Products under the conditions of article 6.
3.4. Order Summary
Once the Customer has validated their payment method on the Site (if applicable, by providing their card number and expiry date), a summary of the Customer's order will be displayed, including the transaction number. The sale will only be considered final after SOLAR has displayed the order summary, which serves as an acknowledgment of receipt of the order. The Customer will then be sent an email summarizing the order when it is registered.
3.5. General information
Unless proven otherwise, the data recorded by SOLAR constitutes proof of all transactions.
In any event, SOLAR reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal of authorization of payment by credit card by banking organizations. SOLAR cannot be held liable in this case.
3.6. Order tracking
The Customer can check the status of their order at any time by consulting the "My Orders" section. This tracking allows the Customer to know the processing status of their order, but also the shipping or delivery status of their packages. The Customer can contact SOLAR Customer Service at any time to be informed of the status of their order (Contact: info@SOLAR.fr - 0806 00 14 14)

ARTICLE 4. AVAILABILITY OF PRODUCTS

The Product offers available on the Site are valid only while stocks last. Availability may vary within the same day depending on the level of sales recorded by SOLAR. SOLAR updates availability on the Site very frequently, but cannot be held responsible if the stock is not identical to that indicated on the Site.
In the event of unavailability of the Product after the Customer has placed the order, SOLAR undertakes to inform the Customer by email within eight (8) days from the date of the order and to indicate to the Customer the waiting time for receipt of the Product. If the Customer so wishes, he may request cancellation of the order (refund by check or bank transfer within fourteen (14) days) or exchange of the unavailable Product for another Product by contacting SOLAR by email or by telephone using the contact details indicated in Article 8. SOLAR cannot be held responsible for non-fulfillment of the order in the event of out of stock or unavailability of the Product, so that no compensation may also be requested from SOLAR by the Customer in the event of unavailability of the Product ordered.

ARTICLE 5. DELIVERY – RISKS

5.1. Delivery means the transfer to the Customer of physical possession or control of the Products. It is only possible after confirmation of payment by SOLAR's banking institution.
5.2. SOLAR offers to deliver the Products in mainland France by La Poste (Colissimo to home or Chronopost to home), the shipping costs and delivery times appearing in the contract formed in accordance with article 3.
For any delivery outside mainland France and the European Union, the Customer must contact SOLAR directly.
5.3. Unless otherwise agreed, the Products are delivered to the Customer at the place indicated in the order form accepted in accordance with the provisions of Article 3.
SOLAR cannot be held liable, in particular, due to a subsequent change of address by the Customer which has not been notified to it or an error in the Customer's contact details provided by the latter.
5.4. SOLAR undertakes to make its best efforts to deliver the Products ordered within the time specified in the purchase order accepted in accordance with Article 3.
If the Products ordered have not been delivered on the indicative delivery date, for any reason other than force majeure, the sale may be terminated at the written request of the Customer if, after having ordered SOLAR to make the delivery within a reasonable additional period, the latter has not been carried out within this period. The sums paid by the Customer will then be returned to him by bank transfer within a maximum period of fourteen (14) days, excluding any compensation or withholding.
Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.
5.5. The Products are delivered by the usual postal services. SOLAR cannot be held liable in the event of excessive delivery delays due to postal services.
5.6. If at the time of delivery, the original packaging is damaged, torn, open, the Customer must then check the condition of the Products. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip (“package refused because open or damaged”). The Customer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (product missing compared to the delivery slip, damaged package, broken products, etc.) This verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip.

ARTICLE 6. PRICE

The Products are sold at the current prices appearing on the Site, when the order is registered by SOLAR.
Prices are expressed in Euros inclusive of VAT. They do not include transport and delivery costs, which are invoiced, where applicable, in addition based on the rate applicable on the day of the order and which are communicated to the Customer before the order is placed.
SOLAR reserves the right to modify its prices at any time, it being specified that the price indicated in the order form issued by SOLAR is the final price and includes transport and delivery costs.
The payment itself will only be considered executed after actual collection of the funds by SOLAR.
An invoice is drawn up by SOLAR and given to the Customer upon delivery of the Products ordered.
SOLAR will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 7. PAYMENT CONDITIONS

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, by credit card (accepted cards are Carte Bleue, Visa, Mastercard) or PayPal account. The Customer will click on the chosen payment method.
7.1. Payment by bank card
The Customer must provide the cardholder's name, the bank card number, depending on the type of card, the expiry date and the cryptogram number (3-digit number on the back of the bank card). The Customer will be automatically transferred to the SOLAR bank's electronic payment server. The bank's server is secured by its electronic payment terminal in order to protect all payment-related data as effectively as possible. The Customer acknowledges that at no time will their banking data pass through SOLAR's computer system, which therefore cannot be held liable in the event of fraudulent theft of the Customer's banking data.
The transaction is immediately debited from the Customer's bank card after verification of the card details. In the event that the price cannot be debited, the Customer's order will be cancelled.
7.2. Payment by PayPal
Customers who choose to pay for their order via PayPal will be automatically redirected to the PayPal page of the Website, where they will need to provide their email address linked to their PayPal account and their PayPal password. PayPal's terms and conditions apply. Once the PayPal payment has been validated, the Customer can complete their order on the Website.
7.3. Any amount not paid on its due date will automatically generate late payment interest equal to three times the legal interest rate. This interest will be due until the day the amount due is paid, including interest.

ARTICLE 8. RIGHT OF WITHDRAWAL

The Customer has the right to withdraw from this contract without giving any reason within fourteen days from the day on which the Customer himself or a third party other than the carrier takes physical possession of the Products.
To exercise the right of withdrawal, the Customer must notify SOLAR via the “ Contact » on the Site his decision to withdraw by means of an unambiguous declaration using a durable medium (for example, letter sent by post, fax or email).
The Customer can use the withdrawal form template downloadable here but it is not obligatory.
The Customer may also complete and submit the model withdrawal form or any other unambiguous statement on the Site. If the Customer uses this option, he or she will be sent an acknowledgment of receipt of the withdrawal without delay on a durable medium (for example, by email).
In the event of withdrawal, SOLAR will reimburse the Customer for all payments received from the Customer, including the initial delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which SOLAR is informed of the Customer's decision to withdraw.
SOLAR will make the refund using the same payment method that the Customer used for the initial transaction, unless the Customer expressly agrees to a different method. This refund will not incur any fees for the Customer.
SOLAR reserves the right to defer reimbursement until it has received the Products or until the Customer has provided proof of shipment of the Products, whichever comes first.
The Customer must return or restore the Products in their original packaging and in perfect condition, to the following address: SOLAR (Julbo company) - E-boutique Service
Rue Lacuzon, 39400 Longchaumois, France - without undue delay and, in any event, no later than fourteen (14) days after it has communicated its decision to withdraw to SOLAR. This deadline is deemed to have been met if the Customer returns the Products before the expiry of the fourteen (14) day period.
Damaged, incomplete, and partially used items are not accepted.
Return costs will be the sole responsibility of the Customer.

ARTICLE 9. RESERVATION OF OWNERSHIP

IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE PRODUCTS ORDERED TO THE CUSTOMER WILL ONLY BE COMPLETED AFTER FULL PAYMENT OF THE PRICE BY THE LATTER.
The Customer must ensure that the identification of the Products is always possible after their delivery.

ARTICLE 10. CUSTOMER OBLIGATIONS

SOLAR reminds that unemancipated minors are incapable of entering into contracts.
The Customer must maintain the Products in accordance with the instructions attached to the Product.
Generally speaking, the Customer guarantees that they are the holder of the bank card used for payment. Consequently, the Customer who ordered the Products guarantees SOLAR against all harmful consequences of unauthorized and/or fraudulent use of a third party's bank card.

ARTICLE 11. WARRANTY – LIABILITY

11.1. The Products supplied by SOLAR benefit, in accordance with legal provisions:
- the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the Consumer Code,
- the guarantee against hidden defects arising from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use, under the conditions provided for in Articles 1641 et seq. of the Civil Code.
11.2. Legal guarantee of conformity
11.2.1. Article L217-4 of the Consumer Code: the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
11.2.2. Article L217-5 of the Consumer Code:
the property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
11.3. Warranty for hidden defects
11.3.1. Article 1641 of the Civil Code: the seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
11.3.2. Article 1648 paragraph 1 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
11.4. Implementation
11.4.1. Any request for a legal guarantee under the guarantee of conformity or hidden defects must be made to SOLAR via the “Contact” section on the Site as guarantor of the conformity of the Products to the contract.
11.4.2. Legal guarantee of conformity
11.4.2.1 The Customer has a period of two (2) years to act, from the delivery of the Product.
The Customer may choose between repair and replacement of the Product, provided that this choice does not entail a cost that is manifestly disproportionate given the value of the Product or the extent of the defect. The seller is then required to proceed, unless this is impossible, according to the method chosen by the Customer.
11.4.2.2 The Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
11.4.3. Guarantee of hidden defects
If the Customer decides to implement the guarantee of hidden defects within the meaning of Article 1641 of the Civil Code, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
11.6. Any warranty is excluded in the event of use or storage of the Products not in accordance with the provisions appearing on the label attached to the Products.
11.7. The photographs and illustrations accompanying the Products on the Site have no contractual value and therefore cannot engage the responsibility of SOLAR.
11.8. SOLAR will not be considered liable or in default if it provides proof that the delay or non-performance is the result of the occurrence of a case of force majeure or is attributable to the Customer.

ARTICLE 12. DATA PROTECTION AND FREEDOM – COOKIES

12.1. It is recalled that the personal data requested from the Customer are necessary for processing their order. This information is strictly confidential and is intended only for SOLAR.
The Client has, with regard to personal data concerning him and in accordance with the national and European regulations in force, a right of access, rectification, erasure, limitation or opposition to the processing, by writing to the following address SOLAR
E-boutique service - Rue Lacuzon - 39400 Longchaumois France, or via the “Contact” section on the Site.
The Client's personal data may be used for commercial prospecting purposes electronically, by SOLAR or by its partner companies, subject to having obtained the prior and express consent of the Client by means of checkboxes on the Client's identification form.
12.2. After obtaining the Customer's consent, SOLAR collects information about the Customer using cookies to track the Customer's browsing within the Site. Cookies are alphanumeric identifiers transferred to the Customer's computer hard drive via their Internet browser and which allow SOLAR to recognize this browser and thus offer the Customer more innovative and attractive functions.
The Customer can also configure their computer to prevent the storage of cookies. To learn more about cookies, click on the optimal configuration tab.

ARTICLE 13. INTELLECTUAL PROPERTY

The content of the Site is the property of SOLAR as well as the intellectual property rights on the Products ordered, and in particular the trademarks affixed thereto, which are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 14. PARTIAL INVALIDITY

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a decision which has become final and binding by a competent court, the other provisions shall retain their full force and scope.

ARTICLE 15. ENTIRE AGREEMENT

These General Terms and Conditions and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

ARTICLE 16. DISPUTE SETTLEMENT

16.1. In the event of a dispute, an amicable solution will be sought between the parties.
The Customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, SOLAR adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After prior written action by the Customer towards SOLAR, the Mediator Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, Click here. The Customer may also submit any complaints on the dispute resolution platform set up online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Customer's complaint to the competent national mediators notified. In the absence of an agreement within 2 months of notification of the dispute to the other party, all disputes to which these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, will be submitted to the competent courts under the conditions of common law.
16.2. All clauses appearing in these general conditions as well as all sales transactions referred to therein are subject to French law.