Terms of sale
Preamble
These general terms and conditions of sale apply to all sales concluded on the website
www.mygarminbands.shop
The company's contact details are as follows:
- Link to the website:
www.mygarminbands.shop
- Name of the company :
IES CREATION
- Postal address:
34 Avenue des Champs-Elysées, 75008 Paris, France
- E-mail address:
contact@mygarminbands.shop
- Tel:
+1 782 400 1037
- Company number :
Registered with the Paris RCS under number 947 778 395
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalogues. The photographs and graphics presented are not contractual and the Seller shall not be held liable. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability.
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. The validation of the order is therefore acceptance of the general conditions of sale.
The products purchased on the site mygarminbands.shop are sold through the company IES CREATION for mygarminbands.shop. All products presented are generic and are not official Garmin products. We are in no way affiliated with the Garmin brand.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
To the exclusion of all other conditions, the present general terms and conditions of sale shall apply, in particular those applicable to sales in shops or by means of marketing or other distribution channels.
They are available on the website www.mygarminbands.shop and will prevail, if necessary, over any other version or any other contradictory document.
The buyer and the seller agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time, which will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
Article 2 - Content
Purpose. The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.mygarminbands.shop.
Capacity. The use of the site to place an order presumes the acceptance of all the terms of these general conditions. The Customer declares that he is of age and has the capacity to contract under the law of his country or declares that he represents, by virtue of a valid mandate, the person for whom he is placing the order.
Acceptance of the GTC. The Customer declares that he/she has read and accepted the general terms and conditions before any purchase, which implies unreserved acceptance of these general terms and conditions of sale. By accepting, the customer acknowledges that he/she has received sufficient information and advice from the company prior to any order, enabling him/her to ensure that the content of his/her order is appropriate to his/her needs. The present general conditions constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.mygarminbands.shop.
Article 3 - The order
The buyer can place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions. He/she must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
- and after receipt of the full price by the seller.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, such as non-payment, incorrect address or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an e-mail to the seller at the following address: contact@mygarminbands.shop
The digitised registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 4 - Pre-contractual information
The buyer acknowledges that he/she has been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
The buyer shall be provided with the following information in a clear and comprehensible manner:
- the essential characteristics of the property ;
- the price of the good and/or the way the price is calculated;
- if applicable, any additional transport, delivery or postage costs and any other charges that may be due;
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, irrespective of the price;
- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order shall be deemed proof of the buyer's agreement:
- due and payable under the purchase order ;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following e-mail address contact@mygarminbands.shop
Article 6 - Order confirmation
The seller will provide the buyer with an order confirmation by e-mail once payment has been made.
Article 7 - Proof of the transaction
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
The photographs of the products are not contractual.
Article 9 - Tariff conditions
The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are quoted in euros.
The customer purchasing a product sold inclusive of all taxes will see a price that takes into account the VAT applicable on the day of purchase of the product. Any change in the applicable VAT rate will be reflected in the price of the products. If the company is exempt from VAT, it can legitimately invoice its products exclusive of tax (HT).
In the event that a customer located in a country of the European Union is required to pay VAT in order to receive his order, the latter must inform the seller before paying the sums claimed by the carrier or the customs administration, so that he can legitimately unblock the situation for the customer.
If the customer has nevertheless paid any costs associated with customs clearance, such as VAT, customs duties or other processing fees, the customer may claim a refund of only the VAT and customs duties, provided that the customer provides admissible proof of such payment.
For purchases destined for countries outside the European Union and outside France, the costs associated with importing the goods, such as VAT or customs duties, will be borne by the customer. The seller cannot be held responsible for any additional costs related to customs clearance or other import costs.
Article 10 - Method of payment
This is an order with a payment obligation, which means that the placing of the order implies payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
Payment of the price shall be made in full on the day of the order, in accordance with the following procedures:
- Paypal
- Credit card (Visa, Mastercard, Amex, etc)
- Klarna (available to customers in Ireland only)
Special offers and coupons. The company reserves the right to offer limited-time introductory offers, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided for by law. The applicable prices are those in force at the time of the purchase of the product by the customer, who may not take advantage of other prices, whether prior or subsequent to his purchase. Vouchers may be subject to special conditions and remain strictly personal to their beneficiary and can only be used once.
In the event of a payment incident and/or fraud. The company reserves the right to suspend all order processing and deliveries in the event of non-payment or refusal of authorisation for payment by credit card by officially accredited organisations. The company reserves the right to refuse to honour any order placed by a client who has not paid in full or in part for a previous order, or with whom a payment dispute is pending.
The company may contact the customer to request additional documents to execute the payment of the order. The company may rely on the information provided by the order analysis system. The provision of the requested documents is necessary for the company to confirm the order. In order to combat credit card fraud, a visual check of the means of payment may be carried out by the company before delivering the product. In the event of fraudulent use of his bank card, the customer is invited, as soon as this use is noticed, to contact the company, without prejudice to the steps to be taken by the customer with his bank.
Default or delay in payment. The interest and penalties provided for by law shall apply in the event of default or delay in payment by the consumer or professional Customer.
Article 11 - Availability of products - Refunds - Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.
The delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or delivery period, the buyer shall, before withdrawing from the contract, require the seller to perform within a reasonable additional period.
If the buyer fails to perform within this new period, he may freely withdraw from the contract.
The purchaser shall complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
The buyer may, however, withdraw from the contract immediately if the above dates or deadlines are an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered to the buyer by the seller's supplier in the manner and within the period specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must therefore ensure that it is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the letterbox, which will allow the buyer to collect the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because it has been opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packages, broken products, etc.).
This verification is considered to have been carried out as soon as the buyer or a person authorised by him has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the article(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If products need to be returned to the seller, they must be requested from the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The products must be returned to the following address
IES CREATION, 29 avenue Lucien René Duchesne, 78170 La Celle-Saint-Cloud, France
The product will be delivered within a maximum of 30 days.
The products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered product, the customer will be immediately informed by the company which will be able to propose a product of an equivalent quality and price or, failing that, will proceed to the refunding of the order if the Customer is a consumer. Apart from the reimbursement of the price of the unavailable product, the company is not liable to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
The customer is responsible for the costs of returning the goods.
Article 13 - Delivery errors
The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's option:
- by e-mail to the following address: contact@mygarminbands.shop
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from all liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate this number to the buyer by e-mail. The exchange of a product can only take place after the exchange number has been assigned.
14 - Legal guarantee of conformity
The seller is the guarantor of the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
- the buyer does not have to prove the non-conformity of the goods for 24 months in the case of new goods (12 months in the case of second-hand goods), following delivery of the goods.
14-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer can choose between the cancellation of the sale or a reduction of the price in accordance with article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
The buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, the customer must notify his right of withdrawal
by e-mail to the following address: contact@mygarminbands.shop
The price of the product(s) purchased and the delivery costs are refunded.
The buyer is responsible for the costs of returning the goods.
The exchange (subject to availability) or refund will be made at the latest within 30 days of receipt by the seller of the products returned by the buyer in accordance with the above conditions.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised;
- supply of goods that are likely to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages where delivery is delayed beyond thirty days and where the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader's control;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
- the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
The business is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method offered by the trader.
Article 16 - Force majeure
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for the release of the parties from their obligations and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
Article 18 - Data protection
The nominative data provided by the buyer are necessary for the processing of the order and the establishment of the invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her. This right can be exercised under the conditions and according to the methods defined on the site www.mygarminbands.shop
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations shall retain all their force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - Mediation and dispute resolution
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail addresses of the mediator are available on our website.
In the event of difficulties in the performance of the Contract, the consumer Customer residing in Europe has the possibility, before any legal action, to request the recourse to a consumer mediator.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
The present general conditions are subject to the application of French law. The competent courts are the French courts.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected
The personal data that are collected on this site are the following:
- account opening: when the user's account is created, his/her
- connection: when the user connects to the website, it records, in particular, his first names, surnames, connection data, usage data and location data
- profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number - payment: in the context of payment for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
- cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user ;
- management of the operation and optimisation of the website;
- organisation of the conditions of use of the Payment Services ;
- verification, identification and authentication of data transmitted by the user ;
- offer the user the possibility to communicate with other users of the website;
- implementation of user support ;
- personalising services by displaying advertisements based on the user's browsing history, according to their preferences;
- fraud prevention and detection, malicious software and security incident management;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
- when the user publishes publicly available information in the free comment areas of the website;
- when the user allows a third party's website to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data for the purpose of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
Security and privacy
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.
Implementation of user rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by making their request to the following email address: contact@mygarminbands.shop
- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
- the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the GDPR.
- the right to portability: they can demand that the website gives them the personal data provided to it in order to transfer it to a new website.
Evolution of this clause
The website reserves the right to make any changes to this data protection clause at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.