Terms & Conditions

1. General

1.1 These General Terms and Conditions of Sale (hereinafter referred to as “TCG”) ofGladiateurFit…apply to all sales, offers, services, deliveries and contracts concluded with the company (hereinafter referred to as “Seller”). These TCG apply exclusively, even in cases where the Seller makes delivery to the customer (hereinafter referred to as “Buyer”) without reservation, to the exclusion of the application of any contrary or deviating conditions of purchase. Agreements and general terms and conditions of the Buyer which contradict the provisions of these GTC shall only be considered accepted if the Seller has expressly confirmed their validity and application in writing.

1.2 All terms and conditions agreed between the Seller and the Buyer for the purposes of the performance of the contract of purchase and sale shall result from these TCG, unless additions or modifications to these TCG are expressly agreed, in writing, between the parties. The delivery times stated in the offer are binding. GladiatorFit reserves the right to provide estimates of delivery times. These estimates are not guaranteed and GladiatorFit assumes no responsibility for any non-conformity.

1.3 These TCG apply to business relations with consumers, as well as to business relations with entrepreneurs, companies, trading companies and other entities, subject to applicable legal provisions. For the purposes of these terms and conditions, Purchasers include consumers, entrepreneurs and companies.

2. Proposal / Contract conclusion

2.1 The Seller’s proposals are not binding and are not obligatory.

2.2 Orders can only be placed in writing. Verbal orders are excluded. The order constitutes a binding offer. Acceptance of the proposal by the Vendor is effected by the dispatch of an order confirmation, within 2 weeks from the date of receipt of the proposal, this confirmation consisting in particular of the text of the contract and corresponding to the order submitted by the purchaser. or on the fact that the goods ordered are dispatched by the Buyer within the aforementioned period.

2.3 If the consumer orders goods electronically, the seller must confirm receipt of the order without delay. Acknowledgement of receipt does not in itself constitute firm acceptance of the order. This is just a confirmation of your receipt. If the Consumer orders the goods electronically, the text of the contract will be sent to the Buyer by e-mail on request, together with these GTC.

2.4 Delivery will be made in accordance with the terms of the order confirmation. Deviations in size, weight and/or quantity are permitted within commercial tolerances.

2.5 The order confirmation forms part of the contract. The Buyer is obliged to check that the order confirmation is complete and corresponds to what was intended, as soon as it is received.

2.6 Fulfilment of the contract is subject to correct and timely delivery by the seller’s suppliers. This only applies if the seller is not responsible for the non-delivery, in particular if a replacement supply contract has been concluded with the seller’s supplier.

2.7 The Buyer is informed, without delay, of the unavailability of the product/service. In such cases, the customer is immediately reimbursedÔthe amount of the advance payment, and you may choose to replace the unavailable product with another of the same value. Notwithstanding registration, all rights, including copyright and other industrial and/or intellectual property rights, in photographs, drawings, calculations or other documents or goods remain the property of the Seller. The same applies to written documents considered “confidential”. The Buyer may not transmit such documents and/or information to third parties without the prior written consent of the Seller.

3. Rates

3.1 All prices quoted by the Seller in offers and on the GladiatorFit website are provisional and non-binding; the price in force is that confirmed at the time of acceptance of the order.

3.2 Prices do not include shipping costs, unless otherwise specified in the order confirmation.

3.3 Prices shown on the site include VAT, unless expressly stated otherwise. Other prices do not include VAT, the legal amount of which will be indicated separately on the invoice at the time of invoicing.

3.4 Postage, packaging and shipping costs will be invoiced in proportion to the supply of accessories and spare parts.

3.5 The agreed prices take into account the costs valid and applicable at the time the contract is concluded. If the agreed delivery period exceeds 4 months from the conclusion of the contract, the prices valid at the time of delivery or service will apply; this expressly applies to both price increases and price reductions. This also includes cost changes based on subcontracting, collective bargaining agreements or changes in material prices. Cheques and bills of exchange are only accepted as payment after written agreement.

3.6 The purchaser is only entitled to compensation if such rights are provided for by law, are not disputed or are expressly recognized by the seller. The exercise of any right of retention by the Buyer in relation to different or earlier transactions is excluded.

3.7 The Buyer shall be in default of payment if it fails to make payment within 7 (seven) days from the due date of such payment (due date). In the event of late payment by the Buyer, the Seller has the right to claim default interest at the rate of 5% (five percent) per annum. The Seller has the right to demand compensation in the event of non-conformity, by claiming the corresponding damages. The Buyer is free to demonstrate that the damage is less than that alleged. In addition, the seller has the right to charge the additional amount of €10.00 (ten euros) for each postal request made.

3.8 The Seller has the right to refuse to provide services still pending if more than 14 (fourteen) days have elapsed since the date of issue of the last invoice, without the Buyer having regularized payment. After the expiry of the 14 (fourteen) day period, the Seller may grant the Buyer an additional payment period, indicating that the Buyer has an additional 7 (seven) days to pay the outstanding amounts. If the Buyer fails to make full payment within the specified grace period, the Seller has the right to require the Buyer to fulfil its obligations and pay compensation for the delay or may terminate the contract and require the Buyer to pay compensation for damages resulting from the default. for this purpose or for damages resulting from termination of the contract.

3.9 In the event that the Buyer refuses to fulfil his contractual obligations, the Seller is entitled, without prejudice to any other rights arising from law or these GTC, to demand compensation equivalent to 20% of the contract value, if the Buyer cannot prove that the Seller has suffered no damage or that the damage suffered is significantly less. The Seller is free to prove that the loss is greater and to demand compensation.

3.10 The prices shown on our website are net prices, including VAT and guarantees. Items covered by a warranty are subject to the conditions of the offer valid at the time of purchase. The warranty takes effect on the date of delivery of the item, as attested by the accompanying document (invoice), which must be carefully kept by the Buyer. Not covered: damage caused by poor maintenance, failure to follow operating instructions or normal wear and tear. Different services are used for deliveries, so we are not responsible for any problems or damage related to transport.

3.11 If the purchaser pays more than the amount indicated on the invoice, GladiatorFit will deduct the corresponding amount from the next order.

3.12 Promotional codes are only valid for products that are not part of current promotions and cannot be accumulated.

4. Availability

4.1 The delivery times indicated by the seller are not binding. The Buyer may request the Seller to make delivery after a period of 10 (ten) weeks from the scheduled delivery date. Upon receipt of such notification, the Seller shall enter into default.

4.2 Unless otherwise agreed in writing, the buyer shall bear the cost of shipping the goods.

4.3 The start of the delivery period indicated by the seller assumes that all technical problems have been clarified by the buyer.

4.4 The fulfilment of the seller’s delivery obligation also requires the timely and proper fulfilment of the buyer’s obligations, without prejudice to the defence of non-fulfilment of the contract.

4.5 If the Buyer does not accept or violates the cooperation obligations, the Seller has the right to demand compensation for the damage suffered, including any additional expenses, reserving its other rights. If the conditions of this paragraph are met, the risk of accidental loss or deterioration of the goods sold is transferred to the Buyer if he does not receive delivery or make payment.

4.6 The Seller is legally responsible, insofar as the sales contract used as a reference is a fixed-term contract, within the meaning of Art. 777 et seq. of the French Civil Code. The seller is also liable within the scope of these statutory provisions, insofar as the buyer has the right to inform the seller in writing that he is no longer interested in performing the contract due to the seller’s failure to deliver.

4.7 The Seller is also liable, in accordance with the applicable legal provisions, insofar as the delay in delivery is attributable to an intentional breach of contract. Insofar as the delay in delivery is not attributable to the seller, the seller’s liability for damages shall be limited to the typical foreseeable damages, but shall not exceed a maximum of 5% of the invoice amount for the remaining supplies and services.

4.8 The seller shall also be liable, in accordance with the statutory provisions, if the delay in delivery is due to an intentional or grossly negligent breach of a contractual obligation.

4.9 Other obligations and rights of the purchaser are reserved.

4.10 Our obligation to deliver shall be cancelled, without any liability on our part, in the event of failure by our own suppliers to meet delivery deadlines and insofar as such unavailability is not attributable to GladiatorFit. If a product is unavailable, we will inform the Buyer as soon as possible when ordering a product that is out of stock. GladiatorFit provides the Buyer with an estimate of when the product will be in stock. GladiatorFit cannot be held responsible if this estimate is not respected.

4.11 If an item is not available at the time an order is confirmed, GladiatorFit will not issue a refund. If possible, GladiatorFit will replace the item with another of the same value. If the customer does not require another item, GladiatorFit will issue a voucher for the amount in question.

4.12 If your order is placed before or during a public holiday, an additional delay of one day will apply to the receipt of your order.

5. Terms of payment

5.1 Accepted payment methods: Stipe,C’estPay Pal

6. Reservation of ownership

6.1 The item sold remains the property of the Seller until full payment has been made in accordance with the contract. On conclusion of the contract, the Buyer shall hand over to the Seller the documents signed by him which are necessary for entry of the reservation of title in the register. Pledges or other encumbrances, such as a guarantee, may not be placed on the object of sale until it has been paid for in full.

6.2 In the event of seizure or other intervention by third parties concerning the said goods, the Buyer is obliged to inform the Seller immediately and in writing. Any costs and damages arising from such interventions shall be borne by the purchaser.

6.3 If the thing sold is attached to other things not belonging to the Seller, the Seller acquires co-ownership of this group of things in proportion to the value of the thing sold in relation to the other attached things at the time of attachment. combination. If the Buyer’s property is regarded as the main property, the Buyer is obliged to transfer the proportional co-ownership right to the Seller, if this co-ownership right does not already exist on the basis of a legal provision.

6.4 The Buyer assigns to the Seller, by way of security, all credits (amount excluding VAT) resulting from the resale or any other legal grounds (insurance contract, unlawful act) relating to the reserved goods. The seller accepts the assignment.
6.5 At the Buyer’s request, the Seller undertakes to release the guarantees it holds if the value of its guarantees exceeds the credits to be guaranteed by more than 20%.

7. Transfer of risk, packaging and delivery

7.1 The benefit and risk of the goods are transferred to the purchaser upon conclusion of the contract.

7.2 Transport and packaging costs, as well as all costs associated with delivery, are at the Buyer’s expense. The Seller does not collect packaging except pallets (if requested by the customer within 24 hours of delivery). The buyer must dispose of the packaging at his own expense.

7.3 If the Buyer so wishes, the Seller will take out transport insurance for the delivery; the respective costs will be borne by the Buyer. Delivery and transport.

7.4 Available items are dispatched by various carriers within a maximum of 3 days if the product is in stock. If the item is not available in stock, the Customer will receive a weekly email with information on the expected delivery date.

7.5 GladiatorFit does not deliver any goods to customers under the age of majority or guardianship, except with the written permission of the parents or guardians. It is also possible for the Buyer to collect the order directly from the warehouse, in which case no additional costs will be charged. We also inform our customers that we are not responsible for any costs associated with the customs clearance process.

7.6 In the event of delivery by our carrier, it is the Buyer’s responsibility to accept the order.

8 – Return conditions

Orders may be returned within 30 days of delivery. Return shipping costs are at the Buyer’s expense (unless the product is defective, a pre-stamped label will be sent). The item must be new and unused and must be returned in its original packaging.
In the event of a product defect, you can return your order free of charge within 7 days of delivery. Your order must be validated by our after-sales service (description of the problem, photos, etc.), which, upon acceptance, will send you a sealed return label by email. The claim must be documented with photographs of the damaged packaging and/or contents.

Here is the recipient’s address to enter in order to return the order:
Center Logistique de Distribution SARL
Article GladiatorFit
1223 Voie Christophe Colomb 73800 PORTE DE SAVOIE France

9. Warranty

9.1 If the goods are intended for the Buyer’s personal or family use, the Seller is liable for defects existing at the time of delivery of the goods to the Buyer during the two-year warranty period; in all other cases, during the one-year warranty period.

9.2 In the event of defects in the goods, the seller must first choose whether to repair or replace them.

9.3 The seller is not obliged to repair or replace the goods if the costs incurred by the seller exceed 10% of the total value of the order. In this case, the Buyer has the right to withdraw from the contract or reduce the price.

9.4 In the event of repair of a defect, all costs incurred for the said repair, in particular transport, infrastructure, labour and material costs, shall be borne by the Seller, provided that these costs are not increased by the fact that the object of sale has been transported to a place other than that agreed.

9.5 In the event of a defect, the purchaser is obliged to inform the seller immediately, unless there are serious reasons for not doing so. The Buyer grants the Seller the right to assess defects within a further 7 (seven) days at the Buyer’s premises, if the Seller so requires and there is no risk of non-conformity. The purchaser is not entitled to assert warranty claims for defects until the conclusion of the defect examination carried out under these conditions.

9.6 If a claim by the Buyer proves to be unjustified, the Buyer shall be obliged to reimburse the Seller for expenses incurred and proven in connection with the elimination of the alleged defect.

9.7 If the Seller does not remedy the defect by repair or replacement within a reasonable time, the Buyer shall rescind the contract or renounce its performance and, failing that, claim compensation.

9.8 If the purchaser chooses to withdraw from the contract as a result of a legal or material defect and subsequent non-fulfilment, he loses all rights to compensation for damages.

9.9 If, after the failure of subsequent performance, the buyer chooses to demand compensation, the goods must remain with the seller, if this can be reasonably demanded. Damages are limited to the difference between the purchase price and the value of the defective item.

9.10 If the goods are intended for the Buyer’s personal or family use, the transpiration period is 2 (two) years and, in all other cases, 1 (one) year.

9.11 The warranty for defects in goods sold by the Vendor is void in the event of a material defect or damage resulting from the fact that :
The. The Buyer has provided the Seller with incorrect or incomplete information on the item to be manufactured and delivered, in particular with regard to its use, dimensions and technical requirements, or has submitted incomplete working drawings, unless expressly instructed to do so by the Buyer. determine.
B. The item delivered has been mishandled or subjected to excessive stress, e.g. by being over-stressed, or
w. The item delivered has been previously repaired or treated by a company which the Buyer has not clearly considered suitable to carry out the maintenance/repair and to which the Buyer has not given his consent. Elements have been incorporated into the delivery item whose use has not been authorized by the seller in accordance with the product description, or the delivery item has been modified in a manner not authorized by the seller, or. The Buyer has not complied with the instructions for the treatment, maintenance and preservation of the goods delivered, even if this was not unacceptable, or

9.12 Only the information provided by the Seller in the order confirmation, in the product description or in the information provided by the Seller in the form of an independent confirmation shall be deemed to be the contractual description of the item delivered. Opinions or praise of products by (independent) representatives do not constitute a contractual description of the item delivered.

9.13 The seller is obliged to resolve the case of defects directly on the goods sold with the buyer. Negotiations with independent representatives not directly employed by the Seller do not constitute a claim or negotiation with the Seller.

9.14 These GTC regulate exhaustively all cases of breach of contract by the Seller and their legal consequences, as well as all rights of the Buyer, irrespective of the legal basis, in particular, expressly declared claims for compensation are not excluded, reduction, termination. of the contract or termination of the contract, unless otherwise specified in these GTC. The Seller shall not be liable for any direct, indirect or other damage suffered by the Buyer as a result of defects in the goods or their use, except where mandatory statutory provisions are applicable, such as sale of defective goods (Art. 918 of the Civil Code), liability for damages (Art. 483 to 493 of the Civil Code) or claims arising from the producer’s strict liability (Art. 1 of the Civil Code). DL n° 383/89).

9.15 The above provisions also apply to any damages that may arise in connection with the repair of defects or the replacement of products under warranty for defects in the goods sold.

9.16 Items must be returned intact and complete in their original packaging (with labels and references), accompanied by the delivery note, within 7 days of receipt of the order. Return shipping costs are the responsibility of the Buyer. In the case of an exchange, the shipping costs of the new order are offered to the buyer and GladiatorFit does not reimburse the damaged material. GladiatorFit will only make one exchange. Exchanges may be accepted for the same item or for an item of equal value. If the damaged item results in a loss for the customer, the amount of this loss cannot be claimed from GladiatorFit.

10. Liability on other legal grounds

10.1 Any liability for damages beyond the scope of paragraph 7 of these GTC is excluded, irrespective of the legal nature of the claim. This applies in particular, but not exclusively, to claims for damages resulting from faulty contract performance due to other breaches of duty, or to claims for compensation for damage to property.

10.2 Any exclusion or limitation of the Seller’s liability for damages shall also apply to the personal liability of its employees, workers, representatives and vicarious agents.

10.3 Copyright protection: The Buyer has the right to use the documents and drawings entrusted to him, as well as the suggestions and construction services provided by the Seller for the design and manufacture of the components ordered, solely for the purposes specified. The Buyer is not entitled to allow third parties access to these documents or to publish them without the Seller’s consent.

10.4 In the event of quality defects (paint, finish), GladiatorFit considers the item in question to be fit for purpose. Under no circumstances will GladiatorFit make an exchange, unless GladiatorFit decides otherwise.

11. Assignment

11.1 The purchaser may only assign claims arising from this contract with the prior written consent of the seller.

12. Safety clause

12.1 If one or more of the clauses referred to above is ineffective or invalid or becomes invalid with the passage of time, the other clauses will not be affected. The ineffective or invalid provision will be replaced by a provision whose meaning is comparable to that of the provision and corresponds to the contractual intent of the parties, or by an existing provision that comes as close as possible to the economic purpose of the ineffective or invalid provision. condition.

12.2 Immediately check the delivered goods for obvious defects in material and workmanship, as well as transport damage. In accordance with the law, the Buyer is obliged to report any defects or anomalies affecting the goods delivered, so that we can remedy the situation.

13. Partners

13.1 When placing an order on our website, sports establishments agree to GladiatorFit being included in their list of partners. This fact does not oblige the institutions to collaborate.