Terms of Sales

ARTICLE 1. ACCEPTANCE - ENFORCEABILITY

These General Terms and Conditions of Sale (GTC) apply as of right to all sales of SOLAR products (hereinafter "Products") concluded by the company SOLAR (hereinafter: "SOLAR") on the website www.SOLAR.com (hereinafter "the Website"), to any non-professional buyer (hereinafter: "the Customer") who accepts them and acknowledges having full knowledge of them and therefore waives the right to invoke any contradictory document.
No document other than these GTC may create obligations for the parties or derogate from these GTC unless it is the subject of a written agreement signed by the parties.
The GTC are accessible at any time on the Website and will prevail, if necessary, over any previous version or any other contradictory document. The Customer may request that the GTC 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 GTC may be subject to modifications.
Modifications to these General Terms and Conditions of Sale are enforceable against Customers as of their online publication and apply to transactions concluded after their online publication.

ARTICLE 2. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having received, prior to placing their order and concluding the contract, in a clear and understandable 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 recourse to a consumer mediator.

ARTICLE 3. ORDERS

It is the Customer's responsibility to select the Products they wish to order on the Website, according to the following terms:
3.1. Browsing the Website
The Customer can view the different Products offered for sale by SOLAR on its Website. The Customer can browse freely on the different pages of the Website, without being committed to an order.
3.2. Registering an order
If the Customer wishes to place an order, they will choose the different Products in which they are interested, and express said interest by clicking on the "Add to cart" button.
On the website, at any time, the Customer may:
- obtain details of the Products they have selected, by clicking on "View my cart",
- continue their selection of Products by clicking on "Continue shopping",
- finalize their selection of Products and order these Products by clicking on "Order".
To order the Products they have chosen in this way, after clicking on "Order", the Customer will have to identify themselves, either by entering their email address and confidential password, if they have already created an account, or by directly entering their information in the corresponding form if not. In this latter case, the Customer will have to accurately fill out the form provided, on which they will include the information necessary for their identification, in particular their last name, first name, postal address, email, telephone number. In addition, the Customer will have to provide their email address and a password of their choice which will be personal and confidential and which they will need to identify themselves later on the Website. The Customer is informed and accepts that the entry of these two identifiers constitutes proof of their identity.
Once the Customer has identified themselves, they will have to validate 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 delivery deadline for the Products, the delivery address for the Products.
The Customer may correct any errors before confirming their order. If so, a new order form will be automatically issued.
3.3. Final validation of the order
After reviewing the order form, and once all the requested information has been completed by the Customer, the Customer will check the box indicating acceptance of these general terms and conditions of sale and click on "Pay".
This second click constitutes an electronic signature. This signature has the same value and commits the Customer as a handwritten signature. The order form will be registered in SOLAR's computer records, themselves kept on a reliable and durable medium and will be considered as proof of the Customer's commitment.
The Customer may choose the payment method they wish, among those offered by SOLAR, and will proceed with the payment for the Products under the conditions of article 6.
3.4. Order summary
Once they have validated their payment method on the Website (if applicable, with the provision of their card number and expiration date), a summary of the Customer's order will be displayed and will notably mention the transaction number. The sale will only be considered final after the display of the order summary by SOLAR, which serves as an acknowledgment of receipt of the order. An email summarizing the order will then be sent to the Customer upon its registration.
3.5. General
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) a dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal of payment authorization by credit card from banking institutions. SOLAR's liability cannot then be engaged.
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, as well as the shipping or delivery status of their packages. The Customer can contact SOLAR's Customer Service at any time to be informed of the tracking of their order (Contact: info@SOLAR.fr - 0806 00 14 14)

ARTICLE 4. PRODUCT AVAILABILITY

Product offers on the Website 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 Website very frequently, but cannot be held responsible if the stock is not identical to that indicated on the Website.
In the event of unavailability of the Product after the Customer has placed the order, SOLAR undertakes to inform them by email within eight (8) days from the order date and to indicate to the Customer the waiting time for receiving the Product. If the Customer wishes, they may request the cancellation of the order (reimbursement by check or bank transfer within fourteen (14) days) or the exchange of the unavailable Product for another Product by contacting SOLAR by email or telephone at the contact details indicated in Article 8. SOLAR cannot be held responsible for the non-execution of the order in the event of stock shortage or unavailability of the Product, so that no compensation can also be claimed from SOLAR by the Customer in the event of unavailability of the ordered Product.

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 Products in mainland France by La Poste (Colissimo home delivery or Chronopost home delivery), with shipping costs and delivery times stated 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 address indicated in the order form accepted in accordance with the provisions of article 3.
SOLAR's liability cannot be engaged, particularly due to a subsequent change of address by the Customer that was not notified to it, or an error in the Customer's contact details communicated by the latter.
5.4. SOLAR undertakes to make its best efforts to deliver the ordered Products within the timeframe specified in the accepted order form in accordance with article 3.
If the ordered Products have not been delivered by the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the Customer's written request if, after having enjoined SOLAR to make the delivery within a reasonable additional period, the latter has not complied within that period. The sums paid by the Customer will then be reimbursed to them by bank transfer within a maximum period of fourteen (14) days, excluding any compensation or deduction.
Except in specific cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
5.5. Products are shipped by standard postal services. SOLAR cannot be held liable for excessively long delivery times due to postal services.
5.6. If, at the time of delivery, the original packaging is damaged, torn, or open, the Customer must 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 note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken products, etc.) This check is considered to have been carried out as soon as the Customer, or a person authorized by them, has signed the delivery note.

ARTICLE 6. PRICE

Products are sold at the prices in effect on the Website, at the time the order is registered by SOLAR.
Prices are expressed in Euros, inclusive of all taxes. 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.
Payment itself will only be considered as executed after effective collection of funds by SOLAR.
An invoice is issued by SOLAR and given to the Customer upon delivery of the ordered Products.
SOLAR will not be obliged 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 TERMS

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 credit card
The Customer must provide the name of the cardholder, the credit card number, depending on the type of card, its expiration date, and the cryptogram number (3-digit number on the back of the credit card). The Customer will be automatically switched to SOLAR's bank's payment server. The bank's server is secured by its electronic payment terminal to most effectively protect all data related to payment methods. 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 appropriation of the Customer's banking data.
The transaction is immediately debited from the Customer's credit card after verification of its data. In the event that the debit of the price is impossible, the Customer's order will be cancelled.
7.2. Payment by PayPal
Customers who choose to pay for their order via PayPal are automatically redirected to the PayPal page of the Website where they will need to provide the email address linked to their PayPal account and their PayPal password. PayPal's commercial terms and conditions then apply. Once the PayPal payment is validated, the Customer can complete their order on the Website.
7.3. Any sum not paid on its due date will automatically accrue late interest equivalent to three times the legal interest rate. This interest will be due until the day of payment of the overdue sum, 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 themselves or a third party other than the carrier physically takes possession of the Products.
To exercise the right of withdrawal, the Customer must notify SOLAR of their decision to withdraw using the electronic withdrawal form available directly on the Website.
The Customer can exercise this right directly via the dedicated online form, accessible without logging into their account.
The Customer may also complete and submit the model withdrawal form or any other unambiguous statement on the Website. If the Customer uses this option, an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email) will be sent to them without delay.
In the event of withdrawal, SOLAR will reimburse the Customer for all payments received from the Customer, including 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 proceed with the reimbursement using the same payment method that the Customer used for the initial transaction, unless the Customer expressly agrees to a different method. This reimbursement will not incur any costs 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, the date chosen being the first of these events.
The Customer must return or hand over the Products in their original packaging and in perfect condition, to the following address: SOLAR (Julbo company) - E-shop Service
Rue Lacuzon, 39400 Longchaumois, France - without undue delay and, in any event, no later than fourteen (14) days after they have communicated their decision to withdraw to SOLAR. This deadline is deemed to be met if the Customer returns the Products before the expiry of the fourteen (14) day period.
Damaged, incomplete, and partially used items will not be accepted.
The return costs will be borne exclusively by the Customer.

ARTICLE 9. RETENTION OF TITLE

IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE ORDERED PRODUCTS TO THE CUSTOMER WILL ONLY BE REALIZED 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 un-emancipated minors are incapable of contracting.
The Customer must maintain the Products in accordance with the instructions enclosed with the Product.
In general, the Customer guarantees to be the holder of the credit card used for payment. Consequently, the Customer who originated the order for Products guarantees SOLAR against all harmful consequences of the unauthorized and/or fraudulent use of a third party's credit card.

ARTICLE 11. WARRANTY – LIABILITY

11.1. Products supplied by SOLAR benefit, in accordance with legal provisions, from:
- the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the Consumer Code,
- the guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered Products and rendering them unsuitable for their intended 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 obliged to deliver goods that conform to the contract and is liable for any conformity defects existing at the time of delivery.
The seller is also liable for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was carried out by the seller under the contract or under its responsibility.
11.2.2. Article L217-5 of the Consumer Code:
The goods conform to the contract:
1° If they are suitable for the use ordinarily expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
11.3. Guarantee against Hidden Defects
11.3.1. Article 1641 of the Civil Code: The seller is bound by a warranty against hidden defects in the item sold that render it unfit for its intended use, or that diminish this use so significantly that the buyer would not have acquired it, or would have paid a lower price for it, had they known about the defects.
11.3.2. Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.
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 Website, in its capacity 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, starting from the delivery of the Product.
The Customer can 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 importance of the defect. The seller is then obliged to proceed, unless impossible, according to the method chosen by the Customer.
11.4.2.2 The Customer is exempt from proving the existence of the Product's non-conformity during the twenty-four (24) months following the Product's delivery.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
11.4.3. Guarantee against Hidden Defects
If the Customer decides to invoke the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code, they can choose between rescinding the sale or a reduction in the selling 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 that does not comply with the provisions on the label attached to the Products.
11.7. The photographs and illustrations accompanying the Products on the Website are not contractual and therefore cannot engage SOLAR's liability.
11.8. SOLAR will not be considered responsible or in default if it can prove that the delay or non-performance is due to a case of force majeure or is attributable to the Customer.

ARTICLE 12. DATA PROTECTION AND FREEDOMS – COOKIES

12.1. It is reminded that the personal data requested from the Customer are necessary for processing their order. This information is strictly confidential and is intended solely for SOLAR.
The Customer has, regarding their personal data and in accordance with national and European regulations in force, a right of access, rectification, erasure, restriction or opposition to processing, by writing to the following address SOLAR
e-boutique Service - Rue Lacuzon - 39400 Longchaumois France, or via the "Contact" section on the Website.
The Customer's personal data may be used for electronic commercial prospecting purposes by SOLAR or its partner companies, provided that prior and express consent has been obtained from the Customer through checkboxes on the Customer identification form.
12.2. After obtaining the Customer's consent, SOLAR collects information relating to the Customer through cookies that allow tracking the Customer's navigation within the Website. Cookies are alphanumeric identifiers transferred to the hard drive of the Customer's computer 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 oppose the recording of cookies. To learn more about cookies, click on the optimal configuration tab.

ARTICLE 13. INTELLECTUAL PROPERTY

The content of the Website is the property of SOLAR, as are the intellectual property rights over the ordered Products, and notably the trademarks affixed thereto, which 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 infringement.

ARTICLE 14. PARTIAL INVALIDITY

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such under a law, regulation, or following a final decision by a competent court, the other stipulations will retain their full force and scope.

ARTICLE 15. ENTIRE AGREEMENT

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

ARTICLE 16. DISPUTE RESOLUTION

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 the 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 the Customer has made a prior written approach to SOLAR, the Mediator Service can be seized for any consumer dispute whose resolution has not been achieved. To find out how to seize the Mediator, click here. The Customer can also submit their potential complaints on the dispute resolution platform set up 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 from the 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 ordinary law.
16.2. All clauses contained in these general terms and conditions as well as all sales operations referred to therein are subject to French law.