Article 1 – Definitions
These Terms of Sale (hereinafter the "Terms") are offered by Hugo Pourrade, sole proprietor (Entrepreneur individuel – EI) trading under the name Twistrs, registered with the Lyon Trade and Companies Register (RCS) under number 897 450 359 (SIRET 897 450 359 00038, EU VAT number FR77897450359), whose business is located at 9 Rue Wilson, 69150 Décines-Charpieu, France (hereinafter the "Company").
In these Terms:
"Site": the website "https://twistrs.com" and all its pages, the exclusive property of the Company.
"Products" or "Services": all products (goods) and services that can be purchased or subscribed to on the Site.
"Seller": Twistrs, the natural person offering its Products or Services on the Site.
"Customer": the internet user, whether an individual or a business, purchasing Product(s) or Service(s) on the Site.
"Consumer": any natural person acting for purposes that are outside their trade, business, craft or profession.
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these Terms carefully, and to print and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read these Terms and accepts them in full.
Article 2 – Application of the Terms and purpose of the Site
The Seller reserves the right to modify these Terms at any time by publishing a new version on the Site.
The Terms applicable to the Customer are those in force on the date of their order on the Site.
Legal information about the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the Terms of Use, the Legal Notice and the Privacy Policy of this Site.
This Site offers the online sale of safety shoes.
Access to the Site is free of charge for all Customers. The purchase of a Product or Service implies the Customer's acceptance of these Terms in their entirety, and the Customer acknowledges having fully read them. This acceptance may consist, for example, of the Customer ticking the box corresponding to a statement such as "I acknowledge that I have read and accept the terms and conditions of the Site". Ticking this box shall have the same value as a handwritten signature by the Customer.
Acceptance of these Terms requires Customers to have the necessary legal capacity. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, conservator or legal representative.
The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they can provide evidence to the contrary, waives the right to contest them in the event of a dispute.
Any order of Products implies the Customer's unreserved acceptance of and full adherence to these Terms of Sale, which prevail over any other document (catalogs, advertisements, instructions), unless expressly agreed otherwise in advance by the Company.
Article 3 – Customer service
The Site's customer service can be reached by email at contact@twistrs.com, via the contact form, or by post at the address given in the Legal Notice. In the email, the Customer must state their first name, last name, the subject of their request and their order number.
For any business inquiry (partnership, media, contract proposal), the Company can only be reached by email at contact@twistrs.com.
Article 4 – Ordering procedure
The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description written by the Seller based on the descriptions provided by the supplier.
Photos on the Site are not contractually binding and may vary slightly from the products shown. These variations are due to the settings of different screens and cameras, the lighting of the products, the angle of the shot, etc.
"Cart" refers to the virtual item containing all the Products or Services selected by the Customer for purchase by clicking on them. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart", the contents of which can be changed at any time.
1. The Customer places the Order on the Site: the Customer saves and confirms the Order on the Site.
2. To place an order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking the "Add to cart" button. On the "Cart" page, the Customer can check the details of their Order and correct any errors before confirming it.
3. On the "Information" page, the Customer must enter their contact details. They can choose to receive order updates by email by ticking the appropriate box.
4. On the "Shipping" page, the Customer must choose from the shipping methods offered.
5. On the "Payment" page, the Customer must enter their payment details and billing address. The Customer can also enter a promo code if they have one.
6. A full summary of the Order is displayed. The Customer can change any element of the Order before completing it. The Customer is responsible for any errors relating to the Order, the Products and their contact information.
7. The sale is validly concluded when the Customer has confirmed the Order by clicking the "Complete order" button, has accepted these Terms of Sale and has paid using the method of their choice, subject to the exercise of the right of withdrawal.
The order is confirmed on the date on which payment of the full price, including taxes, is received.
Article 5 – Prices and payment
Unless otherwise stated, prices shown in the catalog are displayed in the currency shown on the Site, including any applicable taxes on the day of the order, and excluding any handling and shipping costs.
Twistrs reserves the right to pass on any change in applicable tax rates to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, the price shown in the catalog on the day of the order will be the only price applicable to the Customer.
The Customer can pay by credit card, Apple Pay or PayPal. Card payments are made through secure transactions provided by an online payment platform provider.
This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times set out in the "Shipping" article of these Terms only start from the date the Seller actually receives the payment, which the Seller may prove by any means. Product availability is shown on the Site, in the description of each Product.
Twistrs will keep purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
Article 6 – Shipping
Shipping costs will be shown to the Customer before any payment. The Site has no geographical delivery restrictions; orders can be shipped worldwide. Delivery times indicated when ordering are for information only and remain subject to possible delays by postal services or other events preventing delivery (strikes, bad weather, etc.).
Products are shipped from France. For deliveries outside the European Union (including the United States), the Customer is the importer of the Product and accepts that the Seller may be unable to provide exact information on the total amount of customs duties, import taxes and fees applicable in the country of delivery. These costs, if any, are the responsibility of the Customer.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
For hand delivery, the Customer may refuse a parcel upon delivery if they notice a problem (damage, Product missing compared with the delivery note, damaged parcel, broken Products, etc.); any problem must then be noted by the Customer on the delivery note as handwritten reservations, together with the Customer's signature. To exercise this right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the carrier take back the damaged goods. For mailbox delivery, the Customer undertakes to check the parcel immediately and to contact Twistrs support if they notice any problem. If the Customer fails to comply with these requirements, they will not be able to exercise their right of refusal and the Seller will not be required to grant the Customer's refusal request.
If the Customer's parcel is returned to the Seller by the postal service or another carrier, the Seller will contact the Customer upon receipt of the returned parcel to ask how they wish to proceed with their order. If the Customer refused the parcel by mistake, they may request that it be reshipped after paying the shipping costs for the new shipment. Shipping costs must be paid even for orders that originally had free shipping.
In the event of a delivery error or exchange (where the right of withdrawal applies, i.e. if the Customer is a Consumer and the contract for the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller complete and in perfect condition. Any defect resulting from the Customer's mishandling cannot be attributed to the Seller.
Any delay in delivery beyond the date or period indicated to the Consumer Customer when ordering or, if no date or period was indicated, beyond thirty (30) days from the conclusion of the contract, may lead to cancellation of the sale at the Consumer Customer's request, by written notice, if the Seller fails to deliver after being asked to do so. The Consumer Customer will then be refunded the full amount paid no later than fourteen (14) days after the date on which the contract was terminated. This clause does not apply if the delay is due to force majeure.
Special case of a parcel whose tracking number shows it as "delivered" but which was not received in the mailbox: if the Customer notices and informs the Seller that the parcel is not in their mailbox even though its tracking shows it as "delivered", customer service may ask for additional information as well as an official document from the carrier responding to the Customer's claim regarding the tracking number. The Seller will then do everything possible to satisfy the Customer, in particular by offering to reship the products immediately at its own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Customer has thirty (30) days from the date of receipt of their order to withdraw. They must return any product that does not suit them and may request an exchange or refund without penalty, except for return shipping costs, within fourteen days from Twistrs' receipt of the refund request.
The Product must be returned in perfect condition, in its original packaging and unused. Below, the Consumer Customer will find a model withdrawal form for orders placed on the Site, to be sent to Twistrs. The Customer will bear the cost of returning the Product in the event of withdrawal.
The Customer is advised to use a trackable shipping method for the return. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to open an investigation with the postal services to locate it.
The refund will be made using the same payment method as the one chosen by the Customer for the original transaction, unless the Customer expressly agrees that the Seller may use another payment method, and provided that the refund does not result in any cost to the Customer.
The Seller also reserves the right to withhold the refund until the Product has been received or until the Customer has provided proof of having sent back the Product, whichever is earlier.
In the event of a decrease in the value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with the French Consumer Code, the Consumer Customer will find below a model withdrawal form for orders placed on the Site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To:
Twistrs – contact@twistrs.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
Order number:
Last name / First name:
Phone number:
Email address:
Postal address:
Reason for the request:
● Exchange* (state the product you would like)
● Refund*
Signature of the Customer(s) (only if this form is sent on paper):
Date:
(*) Delete as appropriate.
Article 8 – Product warranty
Legal provisions
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
The consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the buyer may choose between cancelling the sale or obtaining a price reduction in accordance with Article 1644 of the French Civil Code. The buyer has two years from the discovery of the defect to do so.
The postponement, suspension or interruption of the limitation period cannot extend the limitation period beyond twenty years from the day the right arose, in accordance with Article 2232 of the French Civil Code.
All items purchased on this Site benefit from the following legal warranties provided for by French law:
Legal warranty of conformity
The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and is liable for any lack of conformity existing at the time of delivery of the Product. The warranty of conformity applies if a defect existed on the day the Customer took possession of the Product.
However, it is up to the Customer to prove that the defect existed when they took possession of the Product.
"In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may decline the buyer's choice if it entails a manifestly disproportionate cost compared with the other option, taking into account the value of the goods or the significance of the defect. The seller must then, unless impossible, use the option not chosen by the buyer."
Legal warranty against hidden defects
If a delivered Product does not conform, it may be returned to the Seller, who will exchange it. If the Product cannot be exchanged (discontinued product, out of stock, etc.), the Customer will be refunded the amount of their order. The costs of the exchange or refund procedure (in particular return shipping costs) are then borne by the Seller.
Article 9 – Liability
The Seller, Twistrs, cannot be held liable for failure to perform the contract due to force majeure. With regard to the Products purchased, the Seller will not be liable for any indirect damage arising from these Terms, loss of business, loss of profit, damage or costs that may occur.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to incompatibility, cannot give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven hidden defect, lack of conformity, defect, or exercise of the right of withdrawal where applicable.
The Customer expressly agrees to use the Site at their own risk and under their sole responsibility. In any event, Twistrs cannot be held liable for:
● any direct or indirect damage, in particular loss of profits, loss of revenue, loss of customers or loss of data, which may result from the use of the Site or, conversely, from the inability to use it;
● any malfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer, or the use of an uncommon browser by the Customer;
● the content of advertisements and other external links or sources accessible to Customers from the Site.
The Seller cannot therefore be held liable if the characteristics of the Products differ from the images on the Site or if these images are incorrect or incomplete.
Article 10 – Force majeure
In accordance with Article 1218 of the French Civil Code, force majeure or fortuitous events are events beyond the control of the parties, which they could not reasonably have foreseen and could not reasonably avoid or overcome, insofar as their occurrence makes it completely impossible to perform their obligations.
The occurrence of a force majeure event automatically suspends the performance of the Order.
If the force majeure event persists beyond ninety (90) calendar days, the Order may be cancelled by either party and the sales contract terminated. To this end, the most diligent party must send the other a written notice terminating the sales contract.
Termination will take effect on the date the notice is first presented. In this case, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual property rights
All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute or use in any way whatsoever, even partially, any elements of the Site. Any simple link or hyperlink is strictly prohibited without the express written consent of the Company. In any case, any link, even tacitly authorized, must be removed at the Company's request.
Only use of the Site for private purposes is authorized, subject to different or more restrictive provisions of intellectual property law.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under intellectual property law unless authorized in advance.
Any reproduction, representation or adaptation of the logos, text, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.
Any Customer found guilty of infringement may have their account deleted without notice or compensation, and without such deletion constituting damage to them, without prejudice to any subsequent legal action against them initiated by the Seller or its agent.
The trademarks and logos on the Site may be registered by Twistrs or by one of its partners. Anyone who represents, reproduces, embeds, distributes or redistributes them is liable to the penalties provided for by law.
Article 12 – Processing of personal data
1. The Company collects the Customer's data:
2. a) to process and track the Customer's Order on its Site; (and/or)
3. b) to contact you about various events relating to the Company, including product updates and customer relationship management; (and/or)
4. c) to collect information allowing us to improve the Site and our Products (in particular through cookies).
The data collected is processed by the Site's contractual service providers responsible for packing and shipping the Products ordered, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.
The data collected is kept by the Company only for the time corresponding to the purposes of the collection above, which may in no case exceed five (5) years.
In accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and applicable French law, the Customer has the right to access, modify, rectify and delete their data, and to object to its processing on legitimate grounds.
The Customer can exercise these rights by email at contact@twistrs.com.
Article 13 – Comments and other user submissions
If the Customer sends ideas, suggestions or other materials, whether online, by email, by post or otherwise (collectively, "comments"), whether or not at the Company's request, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments the Customer sends.
The Company is not and shall not be under any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
The Company may monitor, edit or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Sale.
The Customer agrees that their comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. The Customer further agrees that their comments will not contain unlawful, defamatory, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. The Customer may not use a false email address, pretend to be someone else, or otherwise mislead the Company or third parties as to the origin of any comments.
The Customer is solely responsible for any comments they make and their accuracy. The Company takes no responsibility and assumes no liability for any comments posted by the Customer or any third party.
Article 14 – Severability
If any provision of these Terms is found to be unlawful, void or for any other reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
These Terms supersede all prior or contemporaneous agreements, written or oral. These Terms may not be assigned, transferred or sublicensed by the Customer.
A printed version of these Terms and of any notice given in electronic form may be requested in judicial or administrative proceedings relating to these Terms. The parties agree that all correspondence relating to these Terms shall be written in English or French.
Article 15 – Governing law and mediation
These Terms of Sale are governed by French law.
The Site reserves the right to take legal action against any attempted fraudulent purchase or purchase made with a blocked, cancelled, stolen or counterfeit payment card. In such cases, no attempt at amicable settlement will be accepted.
If any clause of these Terms of Sale becomes void and unenforceable, this shall not affect the validity of the other provisions and shall not release the Customer from performing their contractual obligations.
Indemnification
You agree to defend, indemnify and hold harmless the Company and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable attorneys' fees and legal costs, made by any third party due to or arising out of your use of the website or of our products and services, your breach of these Terms, or your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.
Any domestic or cross-border dispute that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.
[MEDIATOR NAME AND CONTACT DETAILS], a consumer mediator listed by the French Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed to facilitate the amicable resolution of disputes between the Company and its Customers.
The Mediator's website describes the mediation process and allows Customers to submit a mediation request online, together with supporting documents.
In particular, the Mediator cannot examine the dispute if:
- the Customer cannot show that they first tried to resolve the dispute directly with the Company through a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has already been examined or is being examined by another mediator or by a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within the mediator's scope.
Mediation is free of charge for the Customer. If the Customer uses a lawyer, a third party of their choice or an expert at any stage of the mediation, they bear the costs alone.
The Mediator may not receive instructions from the parties or be paid according to the outcome.
Taking part in mediation does not prevent recourse to the courts. The parties remain free to submit their dispute to a judge under the applicable legal provisions. In the event of a dispute before a court, jurisdiction lies with the competent French court.
The Site reserves the right to take legal action against any attempted fraudulent purchase or purchase made with a blocked, cancelled, stolen or counterfeit payment card or check. In such cases, no attempt at amicable settlement will be accepted.
If any clause of these Terms of Sale becomes void and unenforceable, this shall not affect the validity of the other provisions and shall not release the Customer from performing their contractual obligations.