General terms and conditions

I. PREAMBLE:

The purpose of these terms and conditions is to define the terms of sale between www.ezfitt.com, referred to as "The Website," and the Customer, from order placement to services, including payment and delivery. They regulate all the necessary steps for placing the order and ensure the follow-up of this order between the contracting parties.

These general terms and conditions of sale are applicable at the time of the order. EZFITT, referred to as "The Company," reserves the right to modify them at any time and without prior notice. These general terms and conditions of sale will come into effect as soon as they are published online on the Website and will apply immediately.

II. COMPANY DETAILS:

EZFITT
Headquarters: 281, Avenue Pierre et Marie Curie
BP 70023 - ZI Nord - 13655 ROGNAC Cedex
France

RCS Registration Number: SALON 433 413 978

Tel.: +33 (0)4 86 30 70 50 - Email: contact@ezfitt.com
Fax: +33 (0)4 86 30 70 51

Company with a capital of 100,000€.
Registered with the Trade and Companies Register

Under SIRET No. 433 413 978 00027 - APE 4673B

VAT Number: FR 144 334 13978

III. ORDERS:

These general terms and conditions of sale apply to the online order and quotation service offered by EZFITT on the website www.ezfitt.com. The request for registration to the online order and quotation service is made via an online form filled out on The Website.

Registration Process

All orders made by the client must be placed by an authorized individual within The Client’s organization, to whom EZFITT has assigned personalized identifiers, including a username and password, granting access to the online ordering functions.

The validation and opening of a new customer account for the online ordering service will be notified after the acceptance of the application by EZFITT.

Clients acknowledge that they have read these General Terms and Conditions of Sale in their entirety before requesting a quote and/or placing an order, and that they have accepted them without reservation by checking the indicated box after clicking on the hyperlink provided for this purpose and reading these General Terms and Conditions of Sale.

Without this acceptance, the continuation of the order and quotation process is technically impossible.

Form Information

The information provided by the client when placing an order is binding: in the event of an error in the recipient’s contact details, www.ezfitt.com cannot be held responsible for the inability to deliver the product.

Placing an Order

After the validation of their registration by the EZFITT sales team, The Client may place an order online. The order can only be recorded on The Website if the user has clearly identified themselves using their personal identifiers (username and password).

The Client has the possibility to modify their cart before final validation; this last step formalizes the sales contract between The Company and The Client. Any order constitutes acceptance of the prices and descriptions available on The Website.

The client who has placed an order on The Website acknowledges having read these terms and conditions of sale and accepted them. The products remain the property of EZFITT until full payment of the invoice.

Order Confirmation

EZFITT agrees to send the Client an order receipt confirmation by email. We cannot be held responsible for the non-receipt of our emails.

Please ensure that before validating your order, your email settings are configured to receive emails from www.ezfitt.com. In any case, The Client can follow the progress of their order directly on The Website, particularly in their Client Area.

EZFITT reserves the right to partially or completely refuse orders that do not fully or partially meet all authenticity guarantees or do not comply with the general terms and conditions of sale.

The Company reserves the right to cancel any order from a client with whom there is an ongoing dispute regarding the payment of a previous order.

Automatic order recording systems are considered as proof of the nature, content, and date of the order. These General Terms and Conditions of Sale cannot be modified without the prior, express, and formal agreement of EZFITT.

Order Cancellation

The Client may cancel an order by simple telephone or email request, only before the order is shipped. EZFITT will not be held responsible for any order cancellation received after shipment; shipping costs will therefore not be refunded.

IV. LEGAL INFORMATION - PERSONAL DATA:

CNIL Declaration

In accordance with the French Data Protection Act ("Informatique et Libertés"), the processing of personal data relating to clients has been declared to the National Commission for Information Technology and Civil Liberties (CNIL). The client has the right (Article 34 of the law of January 6, 1978) to access, modify, rectify, and delete data concerning them, which they can exercise by contacting EZFITT.

Form Data

The provision of personal data relating to distance selling is mandatory and essential for processing and delivering orders, as well as for invoicing. Failure to provide such information will result in the non-validation of the order.

Data Retention

We retain and archive order forms and invoices through backup on reliable and durable media in accordance with Article 1348 of the French Civil Code.

Any information recorded in EZFITT's computer systems will be considered as proof of communications, orders, and payments between the parties.

V. PRODUCTS:

Ordered Products

The items listed on www.ezfitt.com are available in stock, unless otherwise indicated or if they are custom-made products. However, temporary or permanent stock shortages (end of series, production stoppage, or stock error) may occur, despite the fact that these products may still be ordered on the Website.

For temporary shortages, The Company commits to restocking as quickly as possible. In the case of permanent stock shortages, the affected products will be removed from the website or marked as unavailable as soon as possible. The client will be informed by email or phone, or through their order tracking available in their Client Area.

The order will be shipped without the unavailable items, which will not be invoiced.

Photography

The photographs, drawings, or other diagrams illustrating the products are not part of the contractual framework. If errors are found, EZFITT cannot be held liable. However, we will endeavor to correct such errors as soon as possible.

EZFITT holds the rights to its elements, and they cannot be reproduced outside of this Website. We will be obligated to take legal action against any individual or entity that misappropriates the photographs.

EZFITT strives to describe the items on the www.ezfitt.com website as accurately as possible. If errors are found despite these precautions, The Client cannot hold The Company liable for this fact.

VI. PRICES:

Orders are invoiced under the conditions in effect at the time they are entered online. Our prices are always EXCLUDING TAX, ex-warehouse. Only orders whose Net Excluding VAT amount per shipment exceeds 76 euros are recorded. Orders below this amount will be subject to special conditions found in the "MINIMUM" section.
Orders entered online are final upon validation by the client.
The conditions are provided for informational purposes only, with the most explicit reservations due to potential changes resulting from economic circumstances. Our invoicing prices will necessarily be those accepted at the time of the order.
Prices are established based on packaging. It is your responsibility to ensure that orders include the quantities indicated for each item or their multiples.

MINIMUM: The minimum order amount is 76 Euros NET EXCLUDING VAT. Deliveries below this amount will incur a flat fee of 8 Euros for minimum invoicing costs.

VII. TRANSPORT:

Our goods are sold ex-warehouse, with shipping and packaging costs borne by the buyer.
However, you may benefit from FREE SHIPPING for all orders whose NET Excluding VAT amount of goods delivered within mainland France reaches or exceeds 400 Euros.
Shipped goods always travel at the recipient's risk. It is the recipient's responsibility to check the contents of the package upon delivery and to refuse the package if necessary.
All our products can be shipped to the listed countries, unless otherwise prohibited by government regulations or to regions or countries excluded from postal services at the time of the order.
In case of loss, damage, or delay, the Buyer must file a claim against the responsible carriers within 48 hours by registered letter. Any claim regarding the verification of the goods must reach us within 8 days of the goods' arrival.

We will not accept any claims after this deadline.

Shipments made with FREE SHIPPING, PREPAID SHIPPING, or PAID SHIPPING do not exempt from these conditions.

The available shipping options will be detailed during step 3 of the ordering process.

VIII. DELIVERY TIMES:

To ensure delivery is made within the best possible timeframe and in the client's interest, it is strongly advised to provide the recipient's name and phone number.
A shipping confirmation email is sent to the Client for each parcel sent.

IX. WITHDRAWAL PERIOD:

You have a withdrawal period, valid only in France. This period is seven full days from the date of receipt of the goods.
If you exercise this right of withdrawal, EZFITT is obligated to refund the amounts paid by the Client, without any charges, except for return shipping costs. The refund will be made within a maximum of 14 days.
A Client who returns a parcel without opening it will be fully refunded (parcel and shipping costs). If the Client returns the parcel because they are not satisfied, EZFITT will refund the product, but the return shipping costs will be borne by the Client.
If the Client requests an exchange, the shipping costs will remain at their expense. The Client can exchange their item or be refunded. If EZFITT is unable to replace it, an equivalent model, credit note, or refund of the purchase will be offered to the Client.

X. WARRANTY:

Before returning any merchandise, the buyer must wait for our approval for the return of the part or equipment in question.
All our equipment is guaranteed for 12 months (starting from the removal date) against any material or construction defects, provided that they are used according to the rules for which they were designed.
Our warranty does not apply to repairs or replacements resulting from normal wear and tear, lack of supervision or maintenance, or abnormal assembly, installation, or use.

The exercise of our warranty is limited to the simple exchange of the equipment recognized as defective, excluding all other costs. We will return repaired or replaced parts postage paid. We will not be held liable for any compensation to the buyer or for any direct damage resulting from the use of our equipment.

XI. RECOMMENDATIONS:

The advice, technical indications, and proposals that we may provide do not imply any warranty on our part. It is not our responsibility to assess the specifications or descriptions provided.

It is the client's responsibility to verify the compatibility between the choice of equipment and the actual conditions of use.

XII. RETURN OF GOODS:

In all cases, returns of equipment can only be made with our prior approval and at the client's expense. They will be subject to a discount to cover the various costs incurred:

Up to 3 months: a 30% discount on the invoiced price
Beyond 3 months: no returns authorized

A Return Authorization Form mentioning the products to be returned will be sent to the Client, indicating a unique return number.
This return form must be attached to your parcel, and the return number must be affixed to the parcel.

In the absence of the return number on the parcel, EZFITT reserves the right to refuse the parcel.

The return address is as follows:

EZFITT
281 Avenue Pierre et Marie Curie
ZI Rognac Nord - BP 70023
13655 ROGNAC, France.

XIII. PAYMENT METHOD:

The Client pays their invoice according to the terms agreed upon and accepted when opening their account with EZFITT.
In the case of online bank payment, the order validated by the Client will be effective when the central bank card network has given its approval. In case of rejection, EZFITT reserves the right to cancel the order and stop the shipment of the parcel.

In this case, the client will be contacted by email or phone as soon as possible.

The bank card data is retained only for the time needed to process the order. The Client's account will be debited for the amount of the products and shipping costs on the day the order is placed.

XIV. PAYMENT SECURITY:

The payment is carried out securely.
The payment website offers secure communication and has a valid certificate. The information transmitted by the Client (name, bank card number) is encrypted to prevent data reading and interception by a malicious third party.

The certificate is a statement that verifies the security of the payment website. It contains information that indicates the payment website in question is authentic. It also ensures that no other website can impersonate the original site.

XV. SETTLEMENT:

By express agreement, any dispute concerning our sales, even in the case of multiple defendants, claims, incidents, or warranty claims, will be submitted to the Salon de Provence Court, which will have Exclusive Jurisdiction.
Our invoices or statements are payable in ROGNAC. Our bills or acceptance of payment do not constitute either novation or derogation from this payment location.

The bills accompanying our statements must be returned to us no later than eight days.
All invoices for amounts less than 152.45 euros must be paid by BANK TRANSFER.

XVI. RETENTION OF TITLE:

Unless otherwise expressly agreed upon during the order acceptance, invoices are payable at the registered office, in euros, or in the currency indicated on the invoice, no later than the date negotiated and indicated on the front of the invoice.
Claims do not exempt the buyer from paying the invoices.
Failure to comply with any agreed-upon payment deadline automatically results in the loss of the term and the obligation to pay interest equivalent to 3 times the legal interest rate, without prejudice to the seller's rights as defined in these terms and conditions. Additionally, in accordance with Decree No. 2012-1115 of 02-10-2012, an additional indemnity of 40 euros is automatically due, without formalities, by the professional in the event of late payment.

Moreover, if the sale is resolved or terminated due to non-payment of the price or any cause attributable to the buyer, the latter will be required to pay the company a termination indemnity equal to 15% of the invoice amount related to the goods subject to the terminated sales contract, with the provisions of Article 1231 of the Civil Code being expressly waived.

The seller may suspend or cancel ongoing orders by simple registered letter without recourse to the jurisdiction referred to in the "SETTLEMENT" section above or even eliminate discounts, rebates, or end-of-year bonuses.

The transfer of ownership to the buyer of the delivered goods remains suspended until full payment of the price in accordance with the law of January 25, 1985. However, the buyer assumes the risk of damage to the goods from the time of delivery and is responsible for any damages they may cause.

The seller may notify the buyer, by registered letter with acknowledgment of receipt, of their decision to reclaim ownership of unpaid goods. The buyer is required to cooperate with the seller if the latter is required to take measures to protect their ownership rights.

XVII. JURISDICTION - APPLICABLE LAW:

For all relationships with non-French buyers, the UNITED NATIONS CONVENTION on Contracts for the International Sale of Goods (Vienna Convention) and French law will apply to any matters not settled by this convention, excluding any foreign law.

XVIII. INTELLECTUAL PROPERTY:

All elements of the www.ezfitt.com website, including its technology, are protected by copyright, trademark, or patent laws. They are the exclusive property of EZFITT.

A client who owns a personal website and wishes to include a link to the www.ezfitt.com website must first request permission from EZFITT.

Any link, even previously authorized, must be removed at EZFITT's simple request.